04/10/2018Case #18-018-V 2700 S. River Road – Variation
Case#18-019-TA Citywide – Text Amendment
April 10, 2018
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DES PLAINES PLANNING AND ZONING BOARD MEETING
APRIL 10, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
April 10, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Bader, Catalano, Hofherr, Saletnik, Schell, Szabo
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
Patrick Ainsworth, Economic Development Coordinator/Community & Economic
Development
Gale Cerabona/Recording Secretary
Chairman Szabo called the meeting to order at 7:04 p.m. and read this evening’s cases. Roll call was
conducted.
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the
minutes of March 27, 2018, as presented.
AYES: Bader, Catalano, Hofherr, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
1. Address: 2700 S. River Road Case 18-018- V
The petitioner is requesting a Major Variation from Section 12-11-6(B): Interstate Highway Wall
Signs of the 1998 Des Plaines Zoning Ordinance, as amended, to allow three (3) wall signs facing
I-294 (Tri-State Tollway), all on the same façade, when buildings located on lots with frontage on
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an interstate highway are allowed a maximum of one (1) sign per building face that is visible from
the interstate highway, with no more than two (2) interstate highway signs allowed per building.
PIN: 09-33-203-034-0000
Petitioner: Rob Whitehead/Matt Pyter, 1130 N. Garfield Street, Lombard, IL 60148
Owner: Trust LaSalle National Bank, Trust Number 47948, Roland E. Casati, 255 N. Green Bay
Road, Lake Forest, IL 60045
Chairman Szabo swore in Rob Whitehead, Olympic Signs, 1130 N. Garfield Street, Lombard, IL &
Tony Svanascini, americaneagle.com, 2600 S. River Road, Des Plaines, IL. Mr. Svanascini, who
owns American Eagle and the building to the north of the subject property, advised they love
being in Des Plaines. He stated that they have started two new companies, Hawk Search and ROC
Commerce, which are located in 2700 S. River Road. They have expanded from 150 to 400
employees. The businesses are technology-oriented. The signage proposed for Hawk Search and
ROC Commerce will help grow their customer base and is a great way to find talented new
employees; signage helps legitimize a business, as it did for American Eagle. Mr. Whitehead stated
these are internally-illuminated LED signs.
Chairman Szabo asked if the Board has any questions. There was none. He asked Staff to provide
the Staff Report that Senior Planner Bye did:
Issue: The petitioner is requesting a Major Variation from Section 12-11-6(B): Interstate Highway
Wall Signs of the 1998 Des Plaines Zoning Ordinance, as amended, to allow three (3) wall signs
facing I-294 (the Tri-State Tollway), all on the same façade, when buildings located on lots with
frontage on an interstate highway are allowed a maximum of one (1) sign per building face that
is visible from the interstate highway, with no more than two (2) interstate highway signs allowed
per building.
Analysis:
Address: 2700 S. River Road
Owners: Trust LaSalle National Bank, Trust Number 47948, Roland E.
Casati, 255 N. Green Bay Road, Lake Forest, IL 60045
Petitioner: Rob Whitehead/Matt Pyter, 1130 N. Garfield Street, Lombard, IL
60148
Case Number: 18-018-V
Real Estate Index Number: 09-33-203-034-0000
Ward: #6, Alderman Malcolm Chester
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Existing Zoning: C-2 Limited Office Commercial District
Existing Land Use: Commercial (office)
Surrounding Zoning: North: C-2 Limited Office Commercial District
South: C-2 Limited Office Commercial District
East: Forest Preserve
West: Tollway; R-1 Single-Family Residential District
Surrounding Land Use: North: Commercial (office)
South: Commercial (office)
East: Forest Preserve
West: Residential
Street Classification: S. River Road is an arterial road
Comprehensive Plan: The Comprehensive Plan designates the site Office
The applicants, Rob Whitehead and Matt Pyter of Olympic Signs, have requested a Major
Variation in order to install three wall signs facing I-294 (the Tri-State Tollway) at 2700 S. River
Road (Attachment 2). For buildings located on lots with frontage on an interstate highway, only
one (1) wall sign is permitted per face that is visible from the highway, with no more than two (2)
allowed per building. As the applicants are proposing three on the same façade, a variation is
required.
Currently there are no wall signs on the four-story office building. There is an existing multi-tenant
sign on S. River Road (Attachment 3, bottom right photo). The applicants propose three wall signs
for the west façade of the building, facing the highway. This side of the building is 260 feet wide.
One sign, identifying the tenant Hawk Search, is proposed for the north corner of the west façade
and is 121.24 square feet in size. One sign, identifying the tenant ROC Commerce, is proposed for
the south corner of the west façade and is also 121.24 square feet in size. The applicants would
like approval for a third sign, to be located in the middle of this façade, that will be no larger than
125 square feet (the maximum allowed per tenant). This space would be left available for a future
tenant.
Note that Hawk Search and ROC Commerce together occupy 18,981 square feet of space in the
building that has a total of 125,970 square feet. This is the largest tenant space in the building.
There are currently 24 other tenants.
Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H)
of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff
has the following comments:
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1. Hardship: No variation shall be granted pursuant to this subsection H unless the
applicant shall establish that carrying out the strict letter of the provisions of this title
would create a particular hardship or a practical difficulty:
Comment: The applicants have stated that there are currently two tenants requesting wall
signage with exposure from the tollway: Hawk Search and ROC Commerce. These
companies share the largest tenant space in the building. The applicants have stated that
while one sign would be allowed on the west façade (with direct exposure to I-294), two
on the same façade are not permitted. The north and south elevations do not provide as
much exposure as the west façade, as they are blocked by other office buildings. The west
façade allows the best exposure for the signs.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots
subject to the same provision by reason of a unique physical condition, including
presence of an existing use, structure, or sign, whether conforming or nonconforming;
irregular or substandard shape or size; exceptional topographical features; or other
extraordinary physical conditions peculiar to and inherent in the subject lot that
amount to more than a mere inconvenience to the owner and that relate to or arise
out of the lot rather than the personal situation of the current owner of the lot:
Comment: The applicants have stated that although the building has three sides with
highway exposure, only the west façade of the building is adequately visible as the two
office buildings adjacent to the subject property limit exposure to the north and south
facades. Other nearby properties have the benefit of varying elevations to maximize
signage potential, whereas the architecture of this building limits the signage to the west
façade only.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any
action or inaction of the owner or its predecessors in title and existed at the time of
the enactment of the provisions from which a variance is sought or was created by
natural forces or was the result of governmental action, other than the adoption of
this title:
Comment: As previously stated, the building location between two existing buildings
limits adequate exposure of the north and south facades. The west façade is the best
location for signage that is clearly visible from I-294. Additionally, the construction of the
building predates the 1998 Zoning Code Amendment which results in a variance request
that is not self-created. Prior to the 1998 Zoning Code, signs in this zoning district were
only restricted in size, not location or number.
4. Denied Substantial Rights: The carrying out of the strict letter of the provision from
which a variance is sought would deprive the owner of the subject lot of substantial
rights commonly enjoyed by owners of other lots subject to the same provision:
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Comment: The applicants have stated that denial of the proposed variation would hinder
the tenants’ exposure to the highway, which in turn will have significant negative effects
on the growth of the businesses. Signage acts as a primary link between a business and
its customers. The position of the building in relation to the highway limits the placement
of signage to the west façade only. Denying the variance could diminish property values
as it decreases the marketability of the building.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the
inability of the owner or occupant to enjoy some special privilege or additional right
not available to owners or occupants of other lots subject to the same provision, nor
merely the inability of the owner to make more money from the use of the subject lot:
Comment: The applicants have stated that signage is important for the identification of
current and future tenants. The 260-foot wide west façade is large enough to
accommodate more than one sign. It should be noted that of the office buildings along
that portion of S. River Road that also front I-294, the subject property has the largest
amount of building frontage. Granting the variance will not give this property special
privilege as this building is the only building in this corridor that has a single large elevation
facing the highway with signage potential. Other nearby properties enjoy varying
elevations that face the highway which results in adequate signage potential.
6. Title And Plan Purposes: The variation would not result in a use or development of the
subject lot that would be not in harmony with the general and specific purposes for
which this title and the provision from which a variation is sought were enacted or the
general purpose and intent of the comprehensive plan:
Comment: Except for the variance request, the three wall signs proposed otherwise meet
all zoning restrictions for the C-2 Limited Office Commercial District.
Recommendation: I recommend approval of the Major Variation from Section 12-11-6(B) of the
1998 City of Des Plaines Zoning Ordinance, as amended, to allow three wall signs to be installed
on the west face of the building fronting the interstate highway, in the C-2 Limited Office
Commercial District.
Plan & Zoning Board Procedure: Under Sections 12-3-6(G)2 (Procedure for Review and Decision
for Variations) of the Zoning Ordinance, the Planning & Zoning Board may vote to recommend
approval, approval with modifications, or disapproval of the proposed variations. The City Council
has final authority over the variations requested.
Chairman Szabo asked if anyone in the audience is in favor or opposed to this proposal. No one
responded.
Chairman Szabo asked:
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• Petitioner if other existing tenants want signs. Mr. Svanascini stated – no. He may buy
the building in the future. A future tenant may want signage in the middle of the west
façade, as shown in the renderings.
• If they are the only tenant in the building to the north (2600 S. River Road). Mr. Svanascini
stated – yes, and they own the building and are the only tenant.
Board Member Hofherr commented that Des Plaines is happy to have this expanding business.
Board Member Saletnik applauds the signage as he has heard advertisements but was unaware
this business was in Des Plaines.
A motion was made by Board Member Schell, seconded by Board Member Hofherr, to recommend
approval to City Council.
AYES: Bader, Catalano, Hofherr, Saletnik Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
2. Address: Citywide Case 18-019-TA
The City of Des Plaines is requesting a Text Amendment to the following sections of the 1998 Des
Plaines Zoning Code, as amended: Section 12-7-2.I, Residential Districts Use Matrix, to reclassify
certain assembly uses; Section 12-7-3.K, Commercial Districts Use Matrix, to add “Artisanal Retail
Establishments” and reclassify and add certain assembly uses; Section 12-9-7, Off Street Parking
Requirements, to reclassify certain parking requirements for assembly uses; and Section 12-13-3,
Definitions, to add definitions for “Artisanal Retail Establishments”, “Residentially Zoned
Assembly Uses”, “Commercially Zoned Assembly Uses”, “Commercial Theater” and “Building
Coverage”.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Issue: The City of Des Plaines is requesting a Text Amendment to the following sections of the
1998 Des Plaines Zoning Code, as amended: Section 12-7-2.I, Residential Districts Use Matrix, to
reclassify certain assembly uses; Section 12-7-3.K, Commercial Districts Use Matrix, to add
Artisanal Retail Establishments and reclassify and add certain assembly uses; Section 12-9-7, Off
Street Parking Requirements, to reclassify certain parking requirements for assembly uses; and
Section 12-13-3, Definitions, to amend the term of Commercial Indoor Recreation and add terms
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and definitions for Artisanal Retail Establishments, Residentially Zoned Assembly Uses,
Commercially Zoned Assembly Uses, Commercial Theater and Building Coverage.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #18-019-TA
Project Description: The City of Des Plaines is proposing several text amendments to
the Des Plaines Zoning Code which are as follows:
• Adding the term “Building Coverage” to the Definition
section;
• Adding a new land use of Artisanal Retail Establishment to
the Commercial Use Matrix, as well as define the term in the
Definition section; and
• Reclassifying certain existing uses and adding new uses under
the general land use categories of Assembly Use with the
following amendments:
o Adding Residentially Zoned Assembly Uses to the
Residential Districts Use Matrix;
o Adding Commercially Zoned Assembly Uses to the
Commercial Districts Use Matrix;
o Adding Assembly Uses to the Off Street Parking
Requirement section with specific parking ratios and
amend other requirements as appropriate;
o Amending the definition term of Commercial Indoor
Recreation; and
o Adding the definitions of Commercial Theater,
Residentially Zoned Assembly Uses, and Commercially
Zoned Assembly Uses to the Definition section.
Text Amendment for “Building Coverage” Definition
Currently, Zoning Code Sections 12-7-2.J, Residential Districts Bulk Matrix and 12-7-4.H,
Manufacturing Districts Bulk Matrix contain maximum building coverage regulations; however,
there is no definition for “building coverage” in Section 12-13-3, Definitions. As such, staff
recommends to add the following term to this section to ensure consistency when enforcing this
regulation:
12-13-1 DEFINITIONS:
Add:
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BUILDING COVERAGE: The percentage of the surface area of a zoning lot that is occupied
by principal buildings and any accessory buildings and structures. All areas of buildings or
structures covered by a roof are included in building coverage.
Without a definition of building coverage in the Zoning Code, application of this bulk regulation
requires case-by-case interpretation which may result in inconsistent enforcement. Adding this
definition to the Zoning Ordinance will assist both staff and developers by providing a clear
guideline for the portion of a zoning lot that may be covered by impervious roofs.
Text Amendment for Artisanal Retail Establishments
The next Zoning Code text amendment involves the addition of a new land use called
“Artisanal Retail Establishments” to the Commercial Districts Use Matrix as well as the
Definition section. The proposed amendment is shown in the chart below:
12-7-3.K: COMMERCIAL DISTRICTS USE MATRIX
Add:
Uses
C-
1
C-
2
C-
3
C-
4
C-
5
C-
6
C-
7
Artisanal Retail
Establishments
P14 P14 P14
14. When the total space/use is under 2,500 square feet. Any total space/use that is over
2,501 square feet must obtain a Conditional Use Permit.
The proposed addition to Section 12-13-1, Definitions is as follows:
12-13-1 DEFINITIONS:
Add:
ARTISANAL RETAIL ESTABLISHMENTS: On-site production and/or sale of small goods by
hand manufacturing, involving the use of hand tools and small-scale, light mechanical
equipment all conducted within a completely enclosed building with no outdoor
operations or storage. Typical uses include woodworking and cabinet shops, ceramic
studios, stain-glass painting, jewelry manufacturing and similar types of arts and crafts or
very light manufacturing uses that have no negative external impacts on surrounding
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properties. Instructional classes maybe an allowable accessory use to the primary use of
selling and making small commodities. This land use shall follow the off-street parking
requirement of Retail Establishments unless otherwise stated in this Article.
The goal of this proposed text amendment is to further enhance our commercial corridors with a
new land use category that introduces a type of retail establishment generally classified as
experience retail. The type of businesses associated with this use can include pottery and ceramic
studios, jewelry making, painting and sculpture studios, woodshop studios and cabinet making
shops. Under the proposed amendment, Artisanal Retail Establishments will be permitted by-
right in the C-3, C-4 and C-5 zoning districts if the total space occupied is under 2,500 square feet.
Any Artisanal Retail Establishment occupying more than 2,501 square feet will require the
petitioner to obtain a Conditional Use Permit to operate the proposed establishment. The intent
of this size restriction is to ensure that the user is a small commercial/retail operation in nature
and not a large, industrial-scale business. The businesses included in the Artisanal Retail
Establishment use category will be permitted to both manufacture and sell small commodities on
the premises as well as host small instructional classes for customers.
Regarding potential negative impacts generated from the manufacturing aspects of Artisanal
Retail Establishments, the International Building Code requires that these businesses be equipped
with specific ventilation systems and other supplementary equipment to control any potential
dust, odor and debris. Additionally, the City Code’s nuisance provisions (e.g. dust, heat, glare,
noise and vibrations) can also be enforced to control or mitigate any negative impacts from these
uses.
Text Amendment for Assembly Uses – Residentially Zoned Assembly Uses
In 2000, the United States Congress passed a law called the Religious Land Use Institutionalized
Persons Act (RLUIPA), which established certain protections and standards for places of worship
in local zoning. RLUIPA prohibits municipalities from (i) treating secular uses more favorably than
comparable religious uses in land use decisions and (ii) imposing zoning regulations that place a
“substantial burden” on the ability of persons or institutions to practice their religion.1 In practice,
RLUIPA requires local zoning apply the same standards to congregational/assembly uses
regardless of whether they are religious or secular. The amendments set forth below have been
drafted to ensure that all assembly uses are treated equally.
12-7-2.I: RESIDENTIAL DISTRICTS USE MATRIX Amend as follows:
1. On sites of 1 acre or more with frontage on a collector or arterial street
12-13-1 DEFINITIONS:
1 Please see Attachment #2 for a brief explanation on RLUIPA.
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Add:
RESIDENTIALLY ZONED ASSEMBLY USES – A use that is primarily for the purpose of the
assembly of people for a non-commercial purpose, which can contain a combination of
uses that take place in both principal and accessory structures. Such uses include:
community center, membership organizations church, synagogue, temple, meeting,
house, mosque, or other place of worship. For allowable accessory uses, refer to the
specific land uses defined in this Chapter. Such uses shall adhere to the off street parking
requirements under “Assembly Use”.
The proposed changes to the Residential Districts Use Matrix shown above combine various uses
involving the assembly of people for a non-commercial purpose. The consolidation of these uses
under one definition will general maintain the existing restrictions on assembly uses in Residential
Districts, except that all future assembly uses will have to go through the Conditional Use process.
Staff has determined that Residentially Zoned Assembly Uses warrant additional consideration
and review due to the potential for large volumes of traffic to be generated in short periods of
time. The definition of Residentially Zoned Assembly Uses contains all of the specific land uses
that would fall in this land use category and also refers to the off-street parking classification.
Text Amendment for Assembly Uses – Commercially Zoned Assembly Uses
As elaborated in the previous sub-section, RLUIPA requires that religious places of assembly must
be on equal terms with their secular counterparts. The same rationale applies to places of
assembly in the city’s commercially zoned districts. Therefore, the proposed amendments to the
Commercial Districts Use Matrix and to the Definition section are as follows:
12-7-3.K: COMMERCIAL DISTRICTS USE MATRIX
Amend as follows:
Uses C-1 C-2 C-3 C-4 C-5 C-6
C-7
Commercial indoor
recreation – nightclubs and
banquets
C C C
Commercial Theater C C C
Commercially Zoned
Assembly Uses
C C
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12-13-1 DEFINITIONS:
Add:
COMMERCIAL THEATER: A building in which plays, choirs, movies, comedy acts and other
dramatic performances are given for payment. Accessory uses that are allowed to take
place inside of the building include: concession stands, ancillary bar and restaurant and
video arcade areas.
COMMERCIALLY ZONED ASSEMBLY USES– A use that is primarily for the purpose of the
assembly of people, which can contain a combination of uses that take place in both
principal and accessory structures. Such uses include: commercial theater, banquet halls,
nightclubs, church, synagogue, temple, meeting house, mosque, or other place of
worship. For allowable accessory uses, refer to the specific land uses defined in this
Chapter. Such uses shall adhere to the off street parking requirements under “Assembly
Use”.
Amend:
COMMERCIAL INDOOR RECREATION: Public or private recreation facilities, tennis courts,
ball courts, racquet courts or other courts, swimming pools, bowling alleys, skating rinks,
or similar uses that are enclosed in buildings and are operated on a commercial or
membership basis, and primarily for the use of persons who do not reside on the same
lot as the recreational use. "Commercial indoor recreation" shall include, but not be
limited to, health and fitness clubs or any accessory use, such as snack bars, pro shops,
and locker rooms that are designed and intended primarily for the use of patrons of the
principal recreational use. "Commercial indoor recreation" shall not include commercial
theaters, commercial art galleries, nightclubs, community, and recreation centers, or any
use that is otherwise listed specifically in a zoning district as permitted or a conditional
use. Nightclubs and banquet facilities shall be allowed as commercial indoor recreation in
C-3 general commercial, C-4 regional shopping, and C-5 central business zoning districts
only, as a conditional use.
Under the proposed text amendment, all future assembly uses will be required to obtain a
Conditional Use Permit to operate. Such uses warrant additional review due to the large volume
of traffic generation and short periods of population influx.
Text Amendment for Off-Street Park Requirements - Assembly Uses
The parking regulations for the amended categories assembly uses take the standards for existing
uses and combine them into a new sub-category in the Off Street Parking Requirements.
However, under the RLUIPA, the parking requirements have to be treated the same. Theaters
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and places of worship previously had different parking requirements, but will now be assigned
the same ratio as shown below:
12-9-7 OFF STREET PARKING REQUIREMENTS:
Amend as follows:
Add:
Omit or amend as follows:
Theaters - indoor 1 space for every 5 seats
Auditorium, when accessory to a school or college
theater (not including outdoor theater) or other place
of assembly
1 space for every 5 seats
Places of worship 1 space for every 4 seats in the main auditorium,
sanctuary, nave or similar place of assembly and
other rooms (gymnasiums, classrooms, offices)
which are to be occupied simultaneously
In cases where there is no affixed seating, 1 space
shall be provided for every 60 square feet of floor
area.
Standards for Zoning Ordinance Text Amendment:
Assembly uses:
Residentially and commercial zoned assembly uses
shall have the following parking requirements applied
in each specific use within the zoning lot. If the use is
not listed below, then refer to the regulations from
other portions of the Off Street Parking Requirement
Matrix.
Places of worship and Commercial theaters 1 space for every 5 seats in the main auditorium,
sanctuary, nave or similar place of assembly and
other rooms (gymnasiums, classrooms, offices)
which are to be occupied simultaneously.
In cases where there is no affixed seating, 1 space
shall be provided for every 60 square feet of floor
area.
Community centers, Banquet halls and Membership
organizations
1 space for every 200 square feet of gross activity
area
For places of worship established prior to adoption
hereof, the parking standard shall only apply in cases
where additions are made to the existing facility. The
standard for the existing structure shall be:
1 space for each 10 seats in the main auditorium,
sanctuary, nave or similar place of assembly and
other rooms (gymnasiums, classrooms, offices)
which are to be occupied simultaneously
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To analyze this text amendment request, the standards for amendments contained in Section 12-
3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of
the comprehensive plan, as adopted and amended from time to time by the city council;
The 2007 Comprehensive Plan contains an Implementation Goal and Objective which states
the following:
GOAL:
Amend and enforce City codes, as appropriate to support the purposes of the
Plan.
OBJECTIVE:
a. Revise the City’s zoning ordinance, so as to plan for and implement
redevelopment in neighborhoods, commercial corridors, and the
industrial sector.
This Comprehensive Plan section applies to all of the proposed text amendments. The text
amendment to add Building Coverage in the Definition section will help to officially define this
bulk regulation. This will help to plan for and implement redevelopment within the City of Des
Plaines in a consistent manner. In relation to the use of Artisanal Retail Establishments, adding
such a new land use can help to reinvigorate the C-3, C-4 and C-5 zoning districts with a new
type of experience retail. The intent of this land use addition is to add to the overall mix of
business and activity offerings to residents, workers and visitors. Finally, Assembly Uses are
being reclassified and, in some cases added to, in the Residential and Commercial zoning
districts. This is in response to the requirement of treating all places of on equal terms as
required by RLUIPA. With the reclassification and addition of Assembly Uses, new definition
terms were added to the Definition section of the Zoning Code to help provide clarity and
enforcement.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
The proposed text amendments help to modernize the Zoning Ordinance and ensure the
proposed amendments are compatible with the overall character of existing development.
Adding the term of Building Coverage to the Definition section of the Zoning Code will ensure
that future developments are reviewed in a consistent manner and are compatible with
existing development. The addition of Artisanal Retail Establishment will assist the C-3, C-4 and
C-5 zoning districts, but any future artisanal retail establishment over 2,001 square feet in size
will have to go through the Conditional Use process to ensure compatibility to existing
development. Finally, the reclassification and addition of Assembly Uses for R-1 through R-4
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and for C-3 and C-5 is to ensure compatibility with RLUIPA. As part of the Assembly Use
amendments, the Off Street Parking Requirements and the Definition sections of the Zoning
Code were amended to reflect this update.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
All proposed amendments are not anticipated to impact public facilities and available services.
The addition of Building Coverage to the Definition section of the Zoning Code will assist with
orderly development. The addition of Artisanal Retail Establishments will offer more variety of
business choices to the established C-3, C-4 and C-5 zoning districts. All proposed amendments
for Assembly Uses will ensure the adequacy of public services available to future properties as
all future uses will have to go through the Conditional Use process.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
All proposed amendments will not have an adverse effect on property values throughout the
city. There are several mechanisms to control any potential impacts such as assigning land uses
as Conditional Uses and other established ordinances to control potential hazards.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendment to add the term Building Coverage to the Definition section of
the Zoning Code will help ensure consistency for permit review and reflect a responsible
approach for development and growth.
The addition of Artisanal Retail Establishment to the C-3, C-4 and C-5 zoning districts will help
reinvigorate properties in these districts with a new use that will be retail in nature, but also
allow for goods to be created on-site, as well as hold small instructional classes. There are
building and performance standards already enforced by the City of Des Plaines that will help
protect neighboring properties from any secondary impacts. The addition of Artisanal Retail
Establishment to the Definition section of the Zoning Code will help to clarify the uses and
ensure consistency in interpretation when handling future applicants. Furthermore, any future
Artisanal Retail Establishment user will have to go through the Conditional Use process when
occupying any space over 2,001 square feet.
The proposed reclassification and addition of Assembly Uses to residentially and commercially
zoned properties is in response to RLUIPA. Under this law, places of assembly, whether for
religious or non-religious purposes, need to be treated equally. As a result, the Residential
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Districts Use Matrix, and Commercial Districts Use Matrix, Off Street Parking Requirement and
Definition sections of the Zoning Code had to be amended to reflect RLUIPA’s requirements.
These amendments will help reflect responsible standards for development and growth.
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments to the 1998 City of Des Plaines Zoning Ordinance, as
amended, to the following sections: Section 12-7-2.I, Residential Districts Use Matrix, to reclassify
certain assembly uses; Section 12-7-3.K, Commercial Districts Use Matrix, to add Artisanal Retail
Establishments and reclassify and add certain assembly uses; Section 12-9-7, Off Street Parking
Requirements, to reclassify certain parking requirements for assembly uses; and Section 12-13-3,
Definitions, to amend the term of Commercial Indoor Recreation and to add terms and definitions
for Artisanal Retail Establishments, Residentially Zoned Assembly Uses, Commercially Zoned
Assembly Uses, Commercial Theater and Building Coverage.
Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7.D.3 of the Zoning Code, the
Planning and Zoning Board may vote to recommend approval, approval with modifications, or
disapproval. The City Council has final authority over the Text Amendments.
Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. No one
responded.
Coordinator Ainsworth presented and discussion took place:
1. Adding the term “Building Coverage” to the Definition section
Board Member Catalano asked and Coordinator Ainsworth noted there are setbacks
(Watershed Management Ordinance), volume control/detention; this is one of many codes.
He advised this is a clarification. Senior Planner Bye stated there is only lot coverage in zoning
districts. There are regulations on patios, width restrictions on walkways.
Board Member Saletnik clarified, in residential zones, there is 30% buildable; Staff concurred.
Coordinator Ainsworth stated this is contingent on lot size.
2. Adding a new land use of Artisanal Retail Establishment to Zoning Code
An example was given about a use to sell ceramics (from a class). Coordinator Ainsworth
referenced similarities in Downers Grove and elsewhere.
These are land uses in C-3, C-4, & C-5. They are intended to be small, in size, otherwise a
Conditional Use must be sought. Coordinator Ainsworth read the revision.
Board Member Saletnik asked/stated:
• if this includes long-term business use residential. Coordinator Ainsworth stated – the
internal mechanics become more restrictive. An example was provided for a use
overhead.
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• this must include vertical chase space. Coordinator Ainsworth concurred.
Board Member Schell asked about food. Coordinator Ainsworth stated this is not food-related;
it is arts and crafts.
3. Reclassify and add certain Assembly Uses in the Zoning Code
Uses are being consolidated:
• Residentially-Zoned Assembly Uses
• Commercially-Zoned Assembly Uses
To clarify, a church or place of worship may visit that section. Types are omitted and
combined.
Board Member Saletnik asked how this affects parking requirements. Coordinator Ainsworth
is reviewing same (existing vs. new). Roughly, 1,726 is the number of parking spaces in
downtown Des Plaines.
Chairman Szabo asked/noted:
• if church parking remains the same. Coordinator Ainsworth advised it is loosened (like
theater) to 1 space per 5 seats (rather than 1 per 4).
• neighborhood churches don’t exist as much as they used to.
• existing parking problems. Coordinator Ainsworth recited the current process. He
advised zoning is fluid. In the past, homes used to be 1 car per family. The Federal Law
is 18 years old. Existing parking is 1 per 10 and the new is 1 per 5.
Board Member Saletnik stated the caveat would rarely be used. Coordinator Ainsworth
referenced an example.
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to recommend
approval of the Text Amendment to City Council.
AYES: Bader, Catalano, Hofherr, Saletnik Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
OLD BUSINESS
There was no Old Business.
ADJOURNMENT
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A motion was made by Board Member Schell, seconded by Board Member Catalano, to adjourn the
meeting at 7:51 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners