08/14/2018Case #18‐064‐TA 1515‐1591 Lee Street/Citywide – Text Amendments
August 14, 2018
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
AUGUST 14, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly‐scheduled meeting on Tuesday,
August 14, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
Chairman Szabo called the meeting to order at 7 p.m. and read this evening’s case. Roll call was
conducted.
PRESENT: Bader, Catalano, Hofherr, Saletnik, Schell, Szabo
ABSENT: Fowler
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
G a l e C e r a b o n a / R e c o r d i n g S e c r e t a r y
APPROVAL OF MINUTES
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to approve the
minutes of July 24, 2018, as presented.
AYES: Catalano, Hofherr, Bader, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
1. Address: 1515‐1591 Lee Street/Citywide C a s e 1 8 ‐064‐TA
The petitioner is requesting text amendments to Section 12‐7‐3(K) of the 1998 Des Plaines Zoning
Ordinance, as amended, to allow offices and studios, artist, dance and music as permitted uses
and domestic pet service as a Conditional Use in the C‐4 Regional Shopping District. Additionally,
a text amendment to add a definition for studios, artist, dance and music to Section 12‐13‐3 of
the 1998 Des Plaines Zoning Ordinance, as amended, is proposed.
PINs: 09‐20‐400‐051‐0000; 09‐20‐400‐052‐0000/Citywide
Case #18‐064‐TA 1515‐1591 Lee Street/Citywide – Text Amendments
August 14, 2018
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Petitioner: Paul Butera Jr., One Clock Tower Plaza, Elgin, IL 60120
Owner: PJR Properties, LLC, c/o Piggly Wiggly, 2215 Union Avenue, Sheboygan, WI 53881
Chairman Szabo swore in Paul Butera Jr., One Clock Tower Plaza, Elgin, IL & Joseph C. Parrott, CRX,
CLS, Senior Vice President, CBRE, Inc., 321 N. Clark, Suite 3400, Chicago, IL.
Mr. Butera advised he owns the Oaks Shopping Center and stated Mr. Parrott is the realtor
marketing the site. He noted more tenants have been lost than leased. They are proposing a text
amendment to allow offices and studios as permitted uses and domestic pet service as a
Conditional Use in the C‐4 zoning district. Since trends are shifting to the internet, service‐oriented
tenants are increasing in traditional retail shopping centers. This may affect 3‐4 other shopping
centers in Des Plaines.
Mr. Parrott advised he has been leasing properties for 30 years. He explained the historical trend
relating to shopping centers. It is hard to fill spaces when potential tenants see vacancies. Mr.
Parrott noted there is still space for a 20,000 sq. ft. junior anchor store at the Oaks Shopping
Center. He stated the owners have improved signage, lighting, landscaping, etc. for this site, but
are still looking to attract new tenants.
Chairman Szabo asked if the Board has any questions.
Board Member Hofherr:
stated he noticed there are 13 vacancies and asked Petitioner if that is correct. Mr. Butera
advised it is.
asked if, by allowing the additional uses in this zoning district, it would it help the
occupancy. Mr. Butera advised it would.
Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did:
Issue: The petitioner is requesting text amendments to Section 12‐7‐3(K) of the 1998 Des Plaines
Zoning Ordinance, as amended, to allow offices and studios, artist, dance and music as permitted
uses and domestic pet service as a Conditional Use in the C‐4 Regional Shopping District.
Additionally, a text amendment to add a definition for studios, artist, dance and music to Section
12‐13‐3 of the 1998 Des Plaines Zoning Ordinance, as amended, is proposed.
Analysis:
Address: 1515‐1591 Lee Street/Citywide
Owner: PJR Properties, LLC, c/o Piggly Wiggly, 2215 Union Avenue,
Sheboygan, WI 53881
Petitioner: Paul Butera Jr., One Clock Tower Plaza, Elgin, IL 60120
Case Number: 18‐064‐TA
Case #18‐064‐TA 1515‐1591 Lee Street/Citywide – Text Amendments
August 14, 2018
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Real Estate Index Numbers: 09‐20‐400‐051‐0000; 09‐20‐400‐052‐0000/Citywide
Project Description: The petitioner, Paul Butera Jr., is proposing the following text
amendments to the Des Plaines Zoning Ordinance:
A d d o f f i c e s a s a p e r m i t t e d u s e i n t h e C ‐ 4 R e g i o n a l
Shopping District;
Add studios, artist, dance and music as a permitted use
in the C‐4 Regional Shopping District;
Add domestic pet service as a conditional use in the C‐4
Regional Shopping District.
The following additions to the use matrix for commercial zoning districts are proposed:
12‐7‐3.K: COMMERCIAL DISTRICTS USE MATRIX
Add:
Uses C‐1 C‐2 C‐3 C‐4 C‐5 C‐6
C‐7
Domestic pet
service
C11,12 C
Offices C P P P P P
Studios, artist,
dance and
music
P P P P P P
The petitioner owns the Oaks Shopping Center located at the northeast corner of Lee Street and
Oakton Street, which is zoned C‐4 Regional Shopping. In order for the shopping center to be more
competitive with surrounding commercial areas (zoned C‐3 General Commercial) in attracting
new tenants, and to address changes in the retail market towards more service‐oriented uses, he
is proposing that offices and studios be permitted by‐right, like they are in most commercial
zoning districts (see the use matrix above). The offices use category is intended for spaces where
business or professional activities are conducted, including, but not limited to, tax preparation,
accounting, architecture, legal services, medical clinics and labs, counseling, real estate brokering,
and professional consulting services. Note, staff is recommending a condition to this text
amendment (limiting the square footage of each office use) to maintain the intent of the C‐4
district as a retail/shopping district.
Case #18‐064‐TA 1515‐1591 Lee Street/Citywide – Text Amendments
August 14, 2018
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Studios (artist, dance, and music) are spaces where individuals and groups are given instruction
on music, dance and art. Additionally, they are the working place of painters, sculptors,
photographers, and similar artists. Currently, the Zoning Ordinance does not provide a definition
for this type of use, despite it being listed in the commercial districts use matrix. Staff proposes
that the following definition be added to Section 12‐13‐3 of the Zoning Ordinance:
12‐13‐3: DEFINITION OF TERMS
Add:
STUDIOS, ARTIST, DANCE AND MUSIC: Uses that focus on providing education, individual or
group instruction or training in music, dance, drama, fine arts, or similar activities. Also
includes the working place of painters, sculptors, photographers, or similar artists.
Additionally, the petitioner is proposing that domestic pet service be added as a conditional use
in the C‐4 Regional Shopping District. This use category is defined as follows: “an establishment
where the grooming or domestic animals, the accessory sale of miscellaneous domestic pet food
and other items, and the temporary boarding of domestic animals is permitted.” Domestic pet
service is currently only permitted as a conditional use in the C‐3 General Commercial District.
The conditional use is in place to ensure that pet services are not a nuisance (i.e., noise and
sanitary conditions) to surrounding uses.
Note that the C‐4 Regional Shopping District is a relatively small zoning district is terms of overall
area (.8% of the City’s total area), particularly when compared to the C‐3 General Commercial
District (5.6% of the City’s total area). The following are all properties zoned C‐4:
The Oaks Shopping Center (1515‐1591 Lee Street; as well as the two outlots at 1595 Lee
Street (Wendy’s) and 1300 E. Oakton Street (Bank of America))
Oaklee Plaza (1431‐1485 Lee Street; as well as the outlot at 1427 Lee Street (Starbucks))
Oak‐Leaf Commons (1456‐1500 Lee Street)
Kmart (1155 E. Oakton Street; as well as the two outlots at 1175 E. Oakton Street (Taco
Bell) and 1195 E. Oakton Street (KFC))
Sam’s Club (101 W. Oakton Street)
Market Place (721‐785 W. Golf Road; as well as the outlots at 725 W. Golf Road
(McDonald’s), 783 W. Golf Road (Firestone), and 795 W. Golf Road (Mobil))
Standards for Amendments:
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.
Case #18‐064‐TA 1515‐1591 Lee Street/Citywide – Text Amendments
August 14, 2018
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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 Ordinances, 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.
The retail environment is substantially different from when the Com p re h en si ve Pl an was
adopted 11 years ago. Per the petitioner, retailers are struggling to remain relevant and a
significant number have either left the marketplace or completely ceased operations. The
closures are in part a result of the big box and internet pressures and influence.
The Comprehensive Plan notes that “it is important to continue and create existing and future
retail, service, and recreational opportunities to address the needs of the changing population,
including income, age, and cultural diversity.” According to the petitioner, the Comprehensive
Plan did not foresee a change in the shopping habits and preferences of consumers. Service‐
oriented uses and tenancies are a growing category for shopping centers, as they are uses not
easily replaced by the internet. The proposed text amendments address these consumer
preferences and allow for a wider range of services and businesses to operate from shopping
centers in Des Plaines.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
The proposed text amendments would make offices and studios permitted uses and domestic
pet service a conditional use in the C‐4 Regional Shopping District. Offices and studios are
already permitted in most commercial zoning districts. Domestic pet service is only permitted
as a conditional use in the C‐3 General Commercial District. In order to maintain the intent of
the C‐4 district as a retail/shopping district, staff is recommending a condition that each office
use that locates within a C‐4 zoning district be limited to 2,500 square feet of area or less.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
Case #18‐064‐TA 1515‐1591 Lee Street/Citywide – Text Amendments
August 14, 2018
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The proposed amendments are not anticipated to impact public facilities and available services.
The amendments would simply allow certain uses (by‐right or with a conditional use) in the C‐
4 Regional Shopping District. The uses proposed are generally low‐impact and are already
permitted in the C‐3 General Commercial District, which is located much more abundantly
throughout the City when compared to the C‐4 Regional Shopping District.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
The proposed amendments will not have an adverse effect on property values throughout the
City. Offices and studios are generally low‐impact and are already permitted in most
commercial zoning districts. Domestic pet service (such as a dog daycare) is proposed to be a
conditional use and is currently a conditional use in the C‐3 General Commercial District (the
only district where it is potentially permitted). The conditional use process ensures that the use
is reviewed thoroughly by staff and elected officials to ensure that it does not negatively affect
surrounding businesses and uses.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendments adding permitted and conditional uses to the C‐4 Regional
Shopping District will allow for a wider range of businesses to locate within this zoning district.
As previously noted, there are very few properties zoned C‐4 within the City. As a result, adding
the use categories to this zoning district will have a very low impact within the City. The uses
proposed are already permitted (by‐right or with a conditional use) in the C‐3 General
Commercial District, which represents a much larger physical area than the C‐4. The uses
proposed (office, studio, and dom e s t i c p e t s e r v i c e ) a r e s e r v i c e‐oriented and respond to
changes in the retail environment (i.e., retailers leaving the market due to the pressures of the
internet and proliferation of big box stores). However, staff is recommending a condition be
added to office uses to ensure that the intent of the C‐4 zoning district (retail/shopping) is
maintained.
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments to Section 12‐7‐3(K) of the Zoning Ordinance to allow
offices and studios, artist, dance and music as permitted uses and domestic pet service as a
conditional use in the C‐4 Regional Shopping District, and to Section 12‐13‐3 of the Zoning
O rd i n anc e t o ad d a d e fini t i on for st ud i os, art i st , d an c e an d m usi c , su b jec t t o t he fol lowi n g
condition:
Condition of Approval:
Case #18‐064‐TA 1515‐1591 Lee Street/Citywide – Text Amendments
August 14, 2018
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1. A footnote be added to Section 12‐7‐3(K) of the Zoning Ordinance that states the
following: “Each office tenant in the C‐4 Regional Shopping District be limited to 2,500
square feet of area and shall not be contiguous to another office use.”
Planning & Zoning Board Procedure: Pursuant to Sections 12‐3‐7(D)3 of the Zoning Ordinance,
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 the Board has any questions.
Board Member Schell:
offered a small correction to the Staff Report. Senior Planner Bye noted it is a typo.
inquired if there are not a lot of residences near the shopping center that might be
affected by domestic pet service uses, such as a dog daycare. Mr. Butera concurred –
there are not.
Chairman Szabo asked if a fitness center is acceptable in the C‐4 District. Senior Planner Bye stated
it is acceptable.
Chairman Szabo asked if anyone in the audience is in favor or opposed to this proposal. No one
responded.
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend
approval to City Council with one Condition as presented by Staff.
AYES: Hofherr, Catalano, Bader, 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
On a voice vote, Chairman Szabo adjourned the meeting at 7:16 p.m. The motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners