11/13/2018Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
NOVEMBER 13, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
November 13, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
Chairman Szabo called the meeting to order at 7:02 p.m. and read this evening’s cases. Roll call was
conducted.
PRESENT: Bader, Catalano, Fowler, Hofherr, Saletnik, Schell, Szabo
ALSO PRESENT: Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development
Gale Cerabona/Recording Secretary
APPROVAL OF MINUTES
A motion was made by Board Member Fowler, seconded by Board Member Catalano, to approve the
minutes of October 23, 2018, as presented.
AYES: Fowler, Catalano, Bader, Saletnik, Schell
NAYES: None
ABSTAIN: Hofherr & Szabo
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 2
Chairman Szabo stated Case #3 would be moved up on the agenda as Petitioner requested a
continuance.
3. Address: 875 Rand Road Case 18-099-CU
The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des
Plaines Zoning Code, as amended, to allow Motor Vehicle Sales in the C-3 General Commercial
District.
PINs: 09-08-301-010-0000; 09-08-301-009-0000
Petitioner: Daniel Lee, 8 Quayside Court, Algonquin, IL 60102
Owner: Jim Lee, 921 N. Green Bay Road, Lake Forest, IL 60045
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to continue this
case to December 11, 2018.
AYES: Hofherr, Catalano, Bader, Fowler, Saletnik, Schell Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Back to ……
1. 1. Address: 1896-1930 Lee Street
& 1157-1175 Prospect Lane Case 18-045-SUB
The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-1 of
Subdivision Regulations of the City of Des Plaines Municipal Code, for the creation of ten new lots in the
R-1 Single-Family Residential District.
PINs: 09-21-101-100-0000; 09-21-101-101-0000; 09-21-101-134-0000; 09-21-101-211-
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 3
0000; 09-21-101-212-0000; 09-21-101-213-0000; 09-21-101-179-
0000
Petitioner: Peter Dabrowski, 1771 E. Touhy Avenue, Des Plaines, IL 60018
Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Chairman Szabo swore in Marek Loza, Peter Dabrowski, 1771 E. Touhy Avenue, Des Plaines, IL & Andrezej
L. Bednarczyk, Project Manager, Geopool Land Surveyors, 12 S. 355 Lemont Road, Lemont, IL.
Mr. Loza stated the Staff Report is comprehensive, and he is available for questions. Chairman Szabo asked
if all of the lots meet all code requirement? Mr. Loza advised they are. Coordinator Ainsworth asked the
Petitioner to explain the proposal.
Mr. Loza advised the plan would consist of 10 single-family homes:
• Each house is at least 2,500 sq. ft.
• 2-car garage
• Full basement
• Masonry
• Architectural plans are being developed now – 2 concepts
o One is 2-story (2,200-2,800 sq. ft.)
o Other is single-story (2,600-2,650 sq. ft.)
• Will break ground after permits are received
• 2 homes will be built and sold first
Board Member Fowler asked if the developer has developed properties in Des Plaines. Mr.
Dabrowski replied – yes and provided the following single-family home addresses:
• 2216 & 2251 Sprucewood
• 2319 & 2323 Douglas
• 1145 & 1141 Everett
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 4
The above have the same design features or are larger in size.
• Single-family homes in Northbrook & Chicago also
Chairman Szabo stated the Board would like to see elevations (with 10 unique facades). He asked if the
setbacks are different. Mr. Loza advised they would be 25 ft. from Lee Street and 50 ft. from Prospect
Lane. All will have 2 or 3-car garage in front with driveway on the side.
Coordinator Ainsworth stated the private restrictions from the original Plat of Subdivision still hold
(regarding the setbacks noted above).
Chairman Szabo asked if the Board has other questions. He then asked Staff to provide the Staff Report
which Coordinator Ainsworth did:
Issue: The petitioner is requesting a Final Plat of Subdivision, under Section 13-2-1 of Subdivision
Regulations of the City of Des Plaines Municipal Code, for the creation of ten new lots in the R-1 Single-
Family Residential District.
Analysis:
Owners: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Petitioner: Peter Dabrowski, 1771 E. Touhy Avenue, Des Plaines, IL 60018
Case Number: 18-045-SUB
Real Estate Index Numbers: 09-29-101-100; -101; -134; -179; -211; -212; -213
Ward: #5, Alderman Carla Brookman
Existing Zoning R-1 Single-Family Residential
Existing Land Use Vacant
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 5
Surrounding Zoning North: R-1 Single-Family Residential
South: R-1 Single-Family Residential
East: R-1 Single-Family Residential
West: R-1 Single-Family Residential
Surrounding Land Use North: Residential
South: Residential
East: Residential
West: Residential
Street Classification The Comprehensive Plan designates Lee Street as a collector road
and Prospect Lane as a local road.
Comprehensive Plan Residential – Traditional Single Family is the recommended use
of the property.
Project Description The petitioner, Peter Dabrowski, is requesting a Final Plat of
Subdivision for the creation of ten new residential lots at the
southwest corner of Lee Street and Prospect Lane. The subject
properties (currently seven individual parcels) are zoned R-1
Single-Family Residential and if approved the petitioner proposes
to construct ten new single-family homes. There are no variation
requests with this application. All proposed lots meet the
required lot width (between 55 feet and 85.24 feet proposed)
and area (between 10,008 square feet and 15,515 square feet
proposed) for properties in the R-1 zoning district. Note, the
existing parcels are currently owned by the City of Des Plaines.
The petitioner has the properties under contract and will close
on them subject to approval of the Final Plat of Subdivision.
The development of the subject properties is governed by a
Redevelopment Agreement entered into between the petitioner
and the City of Des Plaines on March 21, 2018. This agreement
outlines standards for the development of the properties as ten
new single-family homes. Based on the agreement, each
residence proposed must have an attached two-car garage, a full
basement, and a minimum of 2,500 square feet of floor area,
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 6
excluding the garage and basement. Additionally, variation
among the façades is required and no structure of the ten may
have the same or identical façade as another within the
development.
A landscape plan has been submitted with the application for
Final Plat of Subdivision (Attachment 6). The landscape plan
meets all requirements listed in the Redevelopment Agreement.
One shade tree and three shrubs are shown in the front yards, as
well as sod identified for the front and sides of each lot. Parkway
trees are shown 30 feet apart from one another and all species
proposed are on the approved tree species list from the
Redevelopment Agreement. No tree may be located next to a
tree of the same species.
Final Plat Report
Name of Subdivision: Amita Homes Subdivison
Address: 1869-1930 Lee Street and 1157-1175 Prospect Lane
Request: Approval of Final Plat of Subdivision
Total Acreage of Subdivision: 2.71 acres
Lot Description: The petitioner’s Plat of Subdivision shows the existing
properties as re-subdivided into ten lots. Each lot is
between 10,008 square feet and 15,515 square feet in
area. The Plat of Subdivision shows a 25-foot building line
along Lee Street and a 50-foot building line along
Prospect Avenue. Public utility and drainage easements
are shown in the rear (25 feet) and sides (5 feet) of each
lot.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 7
Final Comments
Staff Recommendation: I recommend approval of the Final Plat of Subdivision for 1869-1930 Lee
Street and 1157-1175 Prospect Lane, subject to the condition below:
Condition:
1. The petitioner comply with all requirements outlined in the Redevelopment
Agreement between the City of Des Plaines and Reinvest, LLC dated March 21, 2018.
Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to recommend
approval, approval with modifications, or disapproval. The City Council has final authority over
the Final Plat of Subdivision request.
Chairman Szabo asked if anyone in the audience has comments or is in favor or against the proposal.
The following came forward and was sworn in:
• Edward Ekman 1101 Prospect Lane
Mr. Ekman thanked the developer, and stated this will be a welcome site. He asked about sanitation and
storm water. Coordinator Ainsworth stated the Petitioner’s engineer along with the City of Des Plaines’
City Engineer are meeting current requirements.
Mr. Bednarczyk stated the homes:
o facing Lee Street
▪ are an extension of the sanitary line (to the east); new
line resurfacing
o facing Prospect Lane
▪ 4 lots are served by existing sanitary line
He advised both would have sewer system and rain garden to the south and west.
Board Member Bader asked if the utilities would be buried. Mr. Bednarczyk stated the poles would
be moved to an underground transformer served from existing power line.
Board Member Fowler asked if there would be permeable pavers. Mr. Bednarczyk advised – yes from
sidewalk to garage (not allowed in public right-of-way) along with a rain garden and right- of-way trees
(4 per lot and ornamental bushes, grass, and flowers).
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 8
Chairman Szabo asked if the Board has further questions. Mr.
Ekman returned to the podium and asked/stated:
• if a ranch house is built on a 10,000 sq. ft. lot, would there be a land-to-house ratio issue.
Chairman Szabo stated the footprint could only take up 30%. Mr. Bednarczyk stated
the 2 different models relate to the varied setbacks.
• the City once required sidewalks. Mr. Bednarczyk stated there would be new
sidewalks on Prospect and some on Lee.
Chairman Szabo reminded this is a recommendation to City Council. Commissioner Saletnik stated this
developer performs great work.
A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend
approval to City Council. Board Member Catalano amended that this motion include the Condition
recommended by Staff. Board Members Saletnik & Hofherr accepted the amendment.
AYES: Saletnik, Hofherr, Catalano, Bader, Fowler, Schell,
Szabo NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
2. Address: Citywide Comprehensive Plan
The City of Des Plaines is requesting approval of the 2018 Des Plaines Comprehensive Plan.
PINs: 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
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 9
Chairman Szabo swore in Ms. Heidi Persaud, 3531 N. Kostner, Chicago, IL who advised she is a
Planner for Chicago Metropolitan Agency for Planning/CMAP. She gave an overview and advised
the City of Des Plaines applied for a new Comprehensive Plan in 2015. The Plan is community-
driven. Ms. Persaud provided a brief background on herself. She began her PowerPoint
presentation which included:
• Plan Timeline
• Outreach Activities
• Draft Plan Key Recommendations
o Expanding mixed-use development in dense areas
o Housing for older adults
o Desire for young families to move here
o Incorporate parks & open space
Create green space
Vacant space
Pocket parks
o Incorporate green into the structure
Permeable pavers
Mitigate flooding
o Encourage preservation of historic buildings
o Inclusive growth
Contributing to the economy (share workforce initiatives)
Chairman Szabo asked if the Board has questions. There was none.
Ms. Persaud continued presenting the Draft Plan Recommendations Overview and explained
these categories:
• Economic Development
• Downtown Des Plaines
Board Member Fowler asked:
• about the Methodist campsite. Coordinator Ainsworth stated that this property is in the
City limits and has to comply with City Codes.
• if the City funds anything for them. Coordinator Ainsworth stated – no, except for snow
plowing; their staff works with the City’s Engineering staff.
Chairman Szabo asked:
• about a program to raise the units. Coordinator Ainsworth concurred, and stated some
are being taken down.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 10
• if these are individually-owned. Coordinator Ainsworth advised some are; FEMA is
working with them about structures, etc.
• if they still have retreats there. Coordinator Ainsworth advised – yes.
• if there is a plan for the tabernacle. Coordinator Ainsworth stated he has not heard of any
updates. Commissioner Saletnik expounded.
Ms. Persaud identified the Lee Street triangle (unofficial title) and referenced page 80.
Coordinator Ainsworth stated this is over 6 acres in size. Board Member Fowler asked where
McDonald’s is going. Coordinator Ainsworth advised he there is no official plans submitted for any
McDonald’s relocation request.
Board Member Hofherr asked about the new car dealership. Coordinator Ainsworth stated this is
in the floodway but not in the concept park area. He noted this is a concept (and it would take
time to acquire these properties); storm water recreation.
Ms. Persaud discussed the redesign of Metropolitan Square. She added that more housing is
desired (but must be planned responsibly). Challenges are parking, congestion; traffic circulation
study update is recommended.
Board Member Schell asked if there are cities (configured) like Des Plaines. Ms. Persaud stated
there were no case studies; however, this is something that should be reviewed.
Mr. Hofherr reminded flooding closes Golf Road.
Ms. Persuad discussed analyzing whether municipal offices should relocate.
She continued and explained the following from the Draft Plan:
• Housing
• Transportation
Coordinator Ainsworth reminded about the Handyman (senior citizen) and like programs (where
Federal dollars are provided). Ms. Persuad referenced Page 34 which illustrates the programs.
She referenced Page 37 – Infrastructure Projects – the S curve.
Board Member Fowler asked:
• who’s working on it. Ms. Persuad replied – City Engineering staff. Coordinator Ainsworth
advised a study is taking place for a multi-use bike path.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 11
• If it will be expanded/protected. Coordinator Ainsworth stated he is unsure, and will
provide contact information. Board Member Saletnik stated the right-of-way sidewalk
would have to be relocated. Board Member Hofherr expounded.
Board Member Hofherr asked about safety when crossing the roads by railroad tracks. Ms.
Persuad stated this is being addressed.
Board Member Bader reminded that Touhy Ave has no walkway in some areas and is dangerous.
Ms. Persuad explained more categories from the Draft Plan:
• Diversity & Inclusion
• Water Resource Management
She referenced Page 52 (organizations & programs).
Board Member Fowler commented that there are Serbian, Bulgarian and other Eastern European
residents in Des Plaines. Such ethnic restaurants were noted as well.
Board Member Schell stated permeable pavers and green space have become important due to
not enough capacity in the water system.
Chairman Szabo asked/advised:
• FEMA is tearing down homes by the River. It is remarkably changed, and there is no
building taking place. This is City property. He asked if these homes would ever be sold.
Coordinator Ainsworth advised he does not believe they will.
• if possibly the Forest Preserve would acquire the houses. Coordinator Ainsworth advised
– that is a possibility.
In closing her presentation, Ms. Persuad asked the Board for comments, questions, and/or edits.
Board Member Saletnik stated he is pleased the revitalization of the Des Plaines Theatre is part
of the Plan. Ms. Persuad stated a separate group has been hired to analyze the downtown area.
Board Member Hofherr asked and Coordinator Ainsworth responded there are two candidates to
run the movie theatre.
Chairman Szabo identified/suggested:
• truck traffic and growth on Touhy are in conflict. He noted the problem with vehicular
traffic in Des Plaines is the railroads. Coordinator Ainsworth stated there would be an
underpass (east & west) around the time when Mt. Prospect Road is realigned.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 12
• the stoplights be timed better in the downtown area.
Board Member Fowler asked if there would be a whole comprehensive study with the downtown.
Coordinator Ainsworth stated a new Planner will be in place in January/February, and more staff
will be working on these issues. He noted the TIF expires in 2020. The intention is to be strategic
and specific.
Board Member Hofherr asked if the tollway/oasis would have changes. Coordinator Ainsworth
advised he is unaware of any. He noted the I-390 extension is in the works.
Board Member Bader stated the City of Elmhurst doesn’t allow trucks. Coordinator Ainsworth
stated these companies reduce the tax burdens. He noted IDOT has completed a 13-city/village
truck study.
Board Member Catalano asked:
• what the vision is for O’Hare Lake Office Park. Coordinator Ainsworth stated the owner
wants redevelopment and a ramp off I-294; a high cost property; there are no plans being
proposed at this time.
• why the owner would pay for the I-294 ramp. Coordinator Ainsworth advised – it could
be a shared agreement. He noted a development concept comes first then a ramp.
Chairman Szabo stated the City of Des Plaines should help that along; a huge investment
for the City. Coordinator Ainsworth stated the owner is still seeking a partner/buyer.
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend
approval to City Council for the new 2018 Des Plaines Comprehensive Plan.
AYES: Hofherr, Catalano, Bader, Fowler, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
Coordinator Ainsworth asked for a round of applause for Ms. Persuad, and everyone obliged. He stated
it has been great working together. Ms. Persuad stated she genuinely loves Des Plaines.
A break was taken at 8:55 p.m. The meeting resumed at 9 p.m.
4. Address: Citywide Case 18-097-TA
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 13
The City of Des Plaines is requesting Text Amendments to Section 12-3-11: Building Design Review
of the 1998 Des Plaines Zoning Code, as amended, to amend the face brick requirement for new
single-family homes.
PINs: 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
Coordinator Ainsworth stated he appreciates everyone’s time with the Text Amendments. He
noted future Text Amendments would include omissions and additions.
The Staff Report is as follows:
Issue: The City of Des Plaines is requesting Text Amendments to Section 12-3-11: Building Design
Review of the 1998 Des Plaines Zoning Code, as amended, to amend the Building Design Standards
Matrix, Section 12-3-11.D.2. Facade Materials to clarify certain language and to Section 12-13-3,
Definitions, to add certain terms that will assist with the Building Design Review Matrix.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #18-097-TA
Project Description: The City of Des Plaines is proposing a text amendments to the
Building Design Standards Matrix found in Section 12-3-11 of the
Des Plaines Zoning Ordinance, Section 12-3-11.D.2, Façade
Materials, to clarify and enhance certain language as well as to
Section 12-13-3, Definitions, to add specific terms that relate to
the Building Design Standards Matrix.
Community and Economic Development Director Michael McMahon has been working with Des
Plaines City Council for the past year to discussion additions, enhancements and clarifications to
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 14
the design standards that are found in Section 12-3-11 of the Zoning Ordinance. These design
standards are used by staff to review when receiving specific types of development including new
single family and townhouse units.
Mr. McMahon and City Council had a detailed discussion at the September 4, 2018 City Council
Meeting regarding the proposed amendments. This discussion contained a detailed
memorandum as well as the proposed text. Attachment 2 and Attachment 3 include that
memorandum and the proposed text amendments. Please see the two attachments which
elaborate on the proposed amendments and offered detailed explanations.
Standards for Zoning Ordinance Text Amendment:
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 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.
This Comprehensive Plan section applies to all of the proposed text amendments. The
overarching goal of this text amendment application is to clarify, enhance, and modernize the
20-year-old Zoning Ordinance. In general, the aforementioned text amendments assist with
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 15
clearing up any interpretation concerns when administering the Building Design Standards.
Additionally, adding the definitions in the proposed text above will assist with further
enhancing the Building Design Standards.
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. The
enhancement and clarification to the Building Design Standards will be in-keeping with the
overall character of existing development. The new proposed definitions will assist with
interpret and enforce the proposed amendments to the Building Design Standards.
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.
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. City staff is proposing these text amendments to further assist with interpretation and
enforcement of the Zoning Ordinance, which in turn will mitigate any potential adverse effect
on property values.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendments take into account responsible standards for growth and
development. Staff and City Council carefully discussed current and emerging construction
materials while considering updates to the Building Design Standards. The proposed
amendments in the matrix and the new definitions further enhance the proposed changes to
the Building Design Standards.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 16
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments to Section 12-3-11: Building Design Review of the
1998 Des Plaines Zoning Code, as amended, to amend the Building Design Standards Matrix,
Section 12-3-11.D.2. Facade Materials to clarify certain language and to Sections 12-13-3,
Definitions, to add certain terms that will assist with the Building Design Review Matrix.
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.
Coordinator Ainsworth reviewed Bricks – Chapter 3. He noted the chart is ambiguous,
and subject to interpretation.
Coordinator Ainsworth noted there are 3 Text Amendments highlighted for changes; photos were
illustrated:
• Single-family detached houses for new construction
o Brick surrounds the first (ground) floor from the foundation 8 ft. up.
Board Member Catalano asked if this changes if there are 9 ft. ceilings on the first
floor. Coordinator Ainsworth advised it does not and referred to Page 9.
Coordinator Ainsworth referred to Table 3 and explained same. He displayed two
bricks and a stone veneer.
Chairman Szabo advised there is quarried/actual stone and manufactured stone.
Coordinator Ainsworth advised simulated stone is prohibited. Board Member
Catalano asked about cultured stone. Coordinator Ainsworth stated – anything in
excess of 3 5/8-inch high is prohibited in single-family homes. Chairman Szabo
explained cast and manufactured stones. Coordinator Ainsworth read the
definitions and clarified same. He referred to Page 8 – Definitions.
Chairman Szabo mentioned face brick, a modular standard. Coordinator
Ainsworth noted minor interpretations are at the Staff level. He will make
changes noting face brick, etc. The Applicant can appeal a decision or ask for a
minor variation.
Board Member Catalano identified a typo (masonary versus masonry).
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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A motion was made by Board Member Catalano, seconded by Board Member Fowler, to
recommend approval to City Council with edits.
AYES: Catalano, Fowler, Bader, Hofherr, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
OLD BUSINESS
1. Address: Citywide Case 18-094-TA
The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des
Plaines Zoning Code, as amended: (i) Section 12-7-1(C), Permitted Obstructions in Required Yards,
to amend and clarify those structures and uses permitted in required yards; (ii) Section 12-7-1(J),
Residential Bulk Matrix, to add Maximum Rear Yard Lot Coverage requirements for the R-1 and
R-2 districts; (iii) Section 12-8-1, Accessory Uses and Structures, to amend the number and size of
accessory structures permitted per zoning lot; (iv) Section 12-13-3, Definition of Terms, to add
definitions for Rear Yard Lot Coverage and Recreational Equipment; and (v) Section 12-12-10,
Light, to clarify performance standards pertaining to light spillage onto adjoining properties.
PINs: 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
The Staff Report is as follows
Issue: The City of Des Plaines is requesting Text Amendments to the following sections of the
1998 Des Plaines Zoning Code, as amended: (i) Section 12-7-1(C), Permitted Obstructions in
Required Yards, to amend and clarify those structures and uses permitted in required yards; (ii)
Section 12-7-1(J), Residential Bulk Matrix, to add Maximum Rear Yard Coverage requirements for
the R-1 district; (iii) Section 12-8-1, Accessory Uses and Structures, to amend the number and size
of accessory structures permitted per zoning lot; (iv) Section 12-13-3, Definition of Terms, to add
definitions for Rear Yard Coverage, Yard Feature and Recreational Equipment and amend the
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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Case #18-097-TA Citywide – 2018 Des Plaines
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Case #18-099-CU 875 Rand Road – Conditional Use Permit
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definition of Accessory Use and Structure; and (v) Section 12-12-10, Light, to clarify performance
standards pertaining to light spillage onto adjoining properties.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #18-094-TA
Project Description: The City of Des Plaines is proposing several text amendments to
the Des Plaines Zoning Ordinance which are as follows:
• Amending the Residential Bulk Matrix to add Maximum Rear
Yard Lot Coverage requirements for the R-1 zoning district;
• Amending and Adding to the Permitted Obstruction Matrix
in Required Yards;
• Amending the Accessory Uses and Structures section of the
Zoning Ordinance;
• Amending the performance standards for exterior lighting;
• Amending or adding the following terms to the Definition
section of the Zoning Ordinance:
o Amending the definition of “Accessory Use and
Structure”;
o Adding definition for “Recreational Equipment”;
o Adding definition for “Yard Feature”; and
o Adding definition for “Rear Yard Coverage”.
Updating the Residential Bulk Matrix
Zoning Ordinance Section 12-7-2(J) identifies the bulk regulations that buildings and structures
have to comply with for properties zoned residential. Staff is proposing a new bulk regulation
regarding the amount of impervious coverage allowed in rear yards of properties zoned R-1. There
have been documented concerns of flooding in backyards throughout the City. Backyard flooding
can be caused by a multitude of factors including the amount of impervious surfaces in residential
rear yards. To assist with reducing potential run-off, staff is proposing the following text
amendment for “Maximum Rear Yard Coverage”:
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12-7-2.J:
Add:
RESIDENTIAL DISTRICTS BULK MATRIX
Bulk Controls R-1 R-2 R-3 R-4
Maximum Rear
Yard Coverage 60%2 n/a n/a n/a
Notes:
2. To determine rear yard coverage for a detached single-family residential
property, the area of the rear yard shall be the horizontal distance of the lot
taken from the rear-most elevation of the principal building multiplied by the
distance from the rear-most elevation of the principal structure to the rear lot
line. For irregularly shaped lots, the area of the rear yard shall start from the
rear-most elevation of the principal building and cover all areas of the property
from this elevation to the rear lot line(s) of the subject property. See Chapter
13, definition of “Rear Yard Coverage” for improvements that are calculated
under this regulation.
Please see the Figure 1 below that showcases the portion of the property that falls under
this regulation.
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Figure 1 – Rear Yard Coverage Diagram
Several other communities have some regulation on maximum lot coverage or rear yard
coverage to assist with maintaining open space and regulating the level of run-off from
impervious surfaces. Over time, maintaining a level of open space throughout all properties
zoned R-1 will assist with reducing run-off concerns. It shall be noted that the R-1 zoning
district is the largest residentially zoned district in the City with over 14,000 parcels and covers
over 5,200 acres. The proposed regulation is only being proposed for R-1 properties as larger
developments such as townhomes, condominiums and apartment communities have to
provide on-site detention or retention based on the Water Reclamation District’s Watershed
Management Ordinance (WMO). The WMO does not cover detached single-family residences
unless it is part of a larger subdivision over a certain acreage. To assist with understanding the
proposed regulation compared to other nearby communities, please see the various
regulations from nearby communities below:
• Mount Prospect- Maximum Lot Coverage = 45%
• Park Ridge – Maximum Lot Coverage = 35%
• Niles – Maximum Impervious Surface Coverage = 60%
• Elk Grove Village - Maximum Ground (Lot) Coverage = 35%
• Hanover Park - Maximum Lot Coverage = 35%
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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• Prospect Heights - Maximum Lot Coverage = 25%
• River Grove - Maximum Lot Coverage = 50%
• Franklin Park - Maximum Rear Yard Coverage = 50%
As shown in the list of communities above, there is a wide array of lot or rear yard coverage
regulations. Staff carefully assessed other communities and the current fully built-out status
of Des Plaines when proposing this regulation.
Enhancing the Permitted Obstruction Matrix
Zoning Ordinance Section 12-7-1(C) contains a list of property improvements that are allowed to
either be located in a required yard or project into a required yard. Please see Figure 2 below to
help distinguish the portions of the property that are within the required yards and that are within
the buildable area for a zoning lot.
Figure 2 – Buildable Area Diagram
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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Case #18-099-CU 875 Rand Road – Conditional Use Permit
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The current Zoning Ordinance does not cover all scenarios of elements that can either project or
stand in a required yard which requires staff to consistently interpret the Zoning Ordinance for
non-identified improvements. The text amendment below proposes to enhance this matrix by
listing out specific uses and structures so that all scenarios are contemplated:
12-7-1.J:
New Proposed Text (in alphabetical order):
PERMITTED OBSTRUCTION MATRIX
Required Yards
Front Side Rear
Accessory Structures and Buildings including Detached Garages; open off
street parking spaces; accessory sheds, tool rooms, and similar buildings or
structures for domestic or agricultural storage
• May be located no closer than 5 feet from side and rear lot lines
NP NP P
ADA Accessible Improvements
• May be located no closer than 1 foot from all lot lines
P P P
Awnings and Canopies
• May project 18 inches or less, except for awnings identified in
Chapter 11 of this Article
P P P
Balconies
• May project 3 feet or less only
• Allowed to project on all sides in the R-4 and C-5 district
• In all instances, no balcony shall project over a property line
NP NP P
Bay Windows
• Only one-story eaves may project into required yards
• May project 3 feet or less only
P P P
Chimneys
• May project 18 inches or less only
NP P P
Covered or Open Decks, Porches, and Landings
• May encroach no farther than 5 feet into required front and rear
yards
• The maximum area of a deck, porch, or landing that encroaches
into the required front yard is 50 square feet
• May encroach no farther than 3 feet into required side yards
P P P
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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• Eaves on encroaching covered decks, porches, or landings may not
extend an additional 2 feet
Eaves and Gutters
• May project 2 feet or less only
P P P
Fences
• Refer to Section 12-8-2 of this code for specific fence regulations
P P P
Flagpoles
• May be no taller than 20’ in residential districts
• May be no taller than 40’ in non-residential districts
P P P
HVAC, Generators, and Similar Building Mechanical Equipment
• May be located no closer than 5 feet from side and rear lot lines
NP P P
Patios
• Must be separated from a driveway/parking area by a minimum of
3 feet
• May be located no closer than 5 feet from side and rear lot lines
NP P P
Pergolas
• May be located no closer than 5 feet from side and rear lot lines
NP P P
Recreational Equipment1 & 2
• Basketball hoops shall not overhang into any alley or public right-
of-way
• May be located no closer than 5 feet from side and rear lot lines
NP P P
Seating Walls as part of a patio or deck
• Total height for any seating wall shall not exceed 4 feet from
finished grade when located in a front yard
• May not encroach in the required front yard more than 5 feet
• May be located no closer than 3 feet from side lot lines May be
located no closer than 5 feet from rear lot lines
P P P
Steps
• 4 feet or less above grade, which are necessary for access to a
permitted building or for access to a zoning lot from a street or
alley
P P P
Swimming Pools
• May be located no closer than 5 feet from side and rear lot lines
NP NP P
Walkways
• All walkways, whether within a required yard or the buildable area,
can be no more than 4 feet wide
P P P
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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Case #18-097-TA Citywide – 2018 Des Plaines
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Case #18-099-CU 875 Rand Road – Conditional Use Permit
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• Must be separated from a driveway by a minimum of 3 feet (with
the exception of a perpendicular connection)
• May be located no closer than 2 feet from the side lot lines
Window Wells
• May be located no closer than 1 foot from any lot lines
P P P
Yard Features2
• Arbors and trellises:
o May not exceed 8 feet in height
o May be located no closer than 1 foot from all lot lines
o If located in a front yard, must be constructed in such a manner
so as to provide at least fifty percent (50%) open "see through"
area of uniform distribution
• All other yard features:
o May not exceed 4 feet in height when located in the required
front yard
o May not encroach in the required front yard more than 5 feet
o May be located no closer than 5 feet from side and rear lot
lines
P P P
Notes:
1. There is no limit to the number of recreation equipment items allowed on any
lot. However, any recreational equipment that adds impervious surface will
count towards the maximum rear yard coverage for properties zoned R-1.
2. Recreational Equipment and Yard Features do not require a permit unless
electrical and/or a foundation is required for installation.
Please see Attachment #2 for the amended Permitted Obstruction Matrix that includes
omitted text and the proposed text amendments. The proposed text amendments above
enhances the type of improvements covered, including new additions such as yard features
and window wells. Updating this matrix will assist with regulating the location of proposed
improvements that are in-keeping with development patterns and provide clarity to staff
when reviewing such improvements.
Amending the Number and Size of Accessory Structures Permitted
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
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Case #18-099-CU 875 Rand Road – Conditional Use Permit
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Section 12-8-1(C) of the Zoning Ordinance identifies bulk standards for accessory structures.
However, the regulations presented in this section of the code are vague and contradictory. Staff
proposes the following amendments:
12-8-1: ACCESSORY USES AND STRUCTURES:
C. The bulk standards for accessory structures shall be as set forth below:
1. The maximum height of an accessory structure shall be fifteen feet (15').
2. The minimum front yard setback for an accessory structure shall be the front building
line of the principal structure.
3. The minimum side and rear yard setbacks for an accessory structure shall be five feet
(5'). However, a detached accessory garage for a residential use in the R-1 and R-2
residential districts may be located on the rear lot line where the rear lot line abuts an
alley.
4. The maximum number of accessory structures permitted for any use shall be two (2);
however, there shall be no more than one accessory garage (attached or detached) per
residential dwelling. (Ord. Z-8-98, 9-21-1998)
5. The maximum total area of a detached accessory structure garage shall be seven
hundred twenty (720) square feet or less. However, where a lot contains an attached
accessory garage, the additional accessory structure shall have the maximum total area
of The maximum area of an accessory structure other than a detached garage shall be
one hundred fifty (150) square feet or less. (Ord. Z-7-05, 5-16-2005)
6. No detached accessory building or buildings shall occupy more than fifty percent
(50%) of the area of a required rear yard. (Ord. Z-8-98, 9-21-1998)
The proposed changes help to clarify that two accessory structures are permitted per lot, though
only one of these may be a detached garage. Only detached garages may go up to 720 square feet
in area; all other accessory structures (sheds, greenhouses, etc.) may be no larger than 150 square
feet in area. In a situation where there is no detached garage, two accessory structures are
permitted (e.g., two sheds), but each may be no larger than 150 square feet.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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Section 12-8-1(C)6 has been eliminated, as staff is proposing a Rear Yard Coverage that will restrict
the amount of impervious surface permitted in a rear yard in the R-1 district.
Adding & Amending Definitions
There are no current definitions for Rear Yard Coverage, Yard Feature, or Recreational
Equipment in Section 12-13-3 of the Zoning Ordinance. Staff proposes the following:
REAR YARD COVERAGE: The amount of impervious surface as a percentage of the
total rear yard area. To determine rear yard coverage for a detached single-family
residential property, the area of the rear yard shall be the horizontal distance of the
lot taken from the rear-most elevation of the principal building multiplied by the
distance from the rear-most elevation of the principal structure to the rear lot line.
For irregularly shaped lots, the area of the rear yard shall start from the rear-most
elevation of the principal building and cover all areas of the property from this
elevation to the rear lot line(s) of the subject property. Any improvement that
contains a dust-free hard surface and any building or structure with a roof shall
count towards the rear yard coverage.
YARD FEATURE: Objects and features, including arbors, trellises, gazing balls, bird
baths, statues, wishing wells, ornamental lights, and other similar features,
intended to be used for aesthetic or practical purposes.
RECREATIONAL EQUIPMENT: A facility, structure, or device, including play houses,
swing sets, trampolines, sand boxes, game courts, or other similar features,
intended for recreational and athletic use.
As identified in the section above, certain yard features and recreational equipment will not
require a permit, but staff finds that it is prudent to insert the proposed language into Zoning
Ordinance for several reasons. First, there are thousands of properties in Des Plaines that
contains underground utilities. These underground utilities are generally along the property
or within five feet of a side or rear property line. Many of the proposed underground utilities
are within platted easements, but the proposed Permitted Obstruction Matrix assists with
keeping improvements off of underground utilities. Additionally, the setbacks and permitted
obstructions generally stay at least two feet away from side lot lines. This setback helps
reduce any building, structure or yard feature to occupy or project onto abutting property
and thus reducing any concern of improvements occupying land owned by another property
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owner. Finally, current engineering drainage standards for new residential construction
requires stormwater to run-off the property alongside the side lot lines. Keeping any
improvements off of the side lot lines will assist with maintaining stormwater flow and reduce
run-off onto adjacent properties.
Currently, the definition for Accessory Use and Structure is as follows:
ACCESSORY USE AND STRUCTURE: A structure or use that: a) is subordinate to and
serves a principal building or a principal use; b) is subordinate in area, extent, and
purpose to the principal structure or principal use served; c) contributes to the
comfort, convenience, or necessity of the occupants, business, or industry of the
principal structure or principal use served; and d) is located on the same lot as the
principal structure or principal use served, except as otherwise expressly authorized
by the provision of this title. Accessory parking facilities may be authorized to be
located elsewhere. An accessory structure attached to a principal building in a
substantial manner by a wall or roof shall be considered part of the principal building.
Staff recommends that for simplification, accessory structures and accessory uses each have
their own definition. Staff proposes the following:
ACCESSORY USE: A use which is located on the same zoning lot as a principal use
and is incidental and subordinate to the principal use.
ACCESSORY STRUCTURE: A structure which is detached from a principal structure
and is located on the same zoning lot and incidental and subordinate to the
principal structure. Accessory structures are characterized by having a solid roof,
and include, but are not limited to, detached garages, sheds, greenhouses, and
gazebos. Accessory structures may not exceed the height of the principal
structure.
These proposed new definitions and the proposed amendment to the definition for
Accessory Uses and Structures allow for clarity and ease of regulation.
Clarifying Performance Standards for Light Spillage
Chapter 12 of the Zoning Ordinance identifies performance standards in areas such as odor,
noise, and vibration. Section 12-12-10 pertains to lights, and states the following:
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12-12-10: LIGHT:
All off street parking areas with lighting shall limit light spillage onto adjacent property.
Maximum horizontal foot-candles as given off by the neighboring property as measured
in the following districts shall not exceed:
Districts Foot-Candles
Single-family residential districts 0.1
Multiple-family residential districts 0.2
Commercial districts 2.0
Manufacturing and institutional districts 5.0
(Ord. Z-14-15, 7-6-2015)
It has been standard practice to apply these foot-candle maximums to the entirety of a
property, not just a parking area (e.g., lights on a building would need to meet these same
standards). Staff proposes the language of this section be amended to state the following:
12-12-10: LIGHT:
All structures, properties and off-street parking areas with outdoor lighting shall limit
light spillage onto adjacent property. Maximum horizontal foot-candles as given off by
the neighboring property as measured at the abutting property line in the following
districts shall not exceed:
Districts Foot-Candles
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Single-family residential districts 0.1
Multiple-family residential districts 0.2
Commercial districts 2.0
Manufacturing and institutional districts 5.0
(Ord. Z-14-15, 7-6-2015)
Note, staff does not propose changes to the actual foot-candles permitted at the lot lines.
Standards for Zoning Ordinance Text Amendment:
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 Ordinances, as appropriate to support the purposes
of the Plan.
OBJECTIVE:
b. Revise the City’s zoning ordinance, so as to plan for and implement
redevelopment in neighborhoods, commercial corridors, and the
industrial sector.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
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This Comprehensive Plan section applies to all of the proposed text amendments. The
overarching goal of this text amendment application is to clarify, enhance, and modernize the
20-year-old Zoning Ordinance. In general, the aforementioned text amendments assist with
enhancing our accessory structure regulations, clarifying specific regulations for small-scale
improvements, clarifying the lighting regulations under the performance standards, and adding
definitions to assist with interpretation and enforcement of the Zoning Ordinance.
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. The
enhancement and clarification to accessory structures and location regulations on small-scale
improvements will assist with enforcing the Zoning Ordinance and maintain the overall
character of existing development. Additionally, the enhancement of the lighting regulations
under performance standards will further help address any light glare concerns.
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.
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. City staff is proposing these text amendments to further assist with interpretation and
enforcement of the Zoning Ordinance, which in turn will mitigate any potential adverse effect
on property values.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendments take into account responsible standards for growth and
development. The proposed amendment to add a maximum rear yard coverage to detached
single-family homes will assist with flood reduction efforts. The enhancement of the Permitted
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Obstruction Matrix will assist with regulating small-scale improvements that were not
previously identified in the Zoning Ordinance. This, in turn, will assist with streamlining our
Zoning Ordinance and reducing interpretation conflicts. The enhancements to the accessory
structure section of the Zoning Ordinance will help to clarify this code section. The addition and
modification of various definitions further enhances the accessory structure regulations within
the Zoning Ordinance and defines new terminology to eliminate confusion with enforcing this
code. Finally, the clarification to the light regulations under performance standards will
enhance our enforcement for light glare concerns.
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments to the 1998 Des Plaines Zoning Ordinance, as
amended: (i) Section 12-7-1(C), Permitted Obstructions in Required Yards, to amend and clarify
those structures and uses permitted in required yards; (ii) Section 12-7-1(J), Residential Bulk
Matrix, to add Maximum Rear Yard Coverage requirements for the R-1 district; (iii) Section 12-8-
1, Accessory Uses and Structures, to amend the number and size of accessory structures
permitted per zoning lot; (iv) Section 12-13-3, Definition of Terms, to add definitions for Rear Yard
Coverage, Yard Feature and Recreational Equipment and amend the definition of Accessory Use
and Structure; and (v) Section 12-12-10, Light, to clarify performance standards pertaining to light
spillage onto adjoining properties.
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.
Coordinator Ainsworth reviewed the above:
• Rear yard, maximum lot coverage
He illustrated and explained a recent permit that was approved. He noted there is no
current maximum building coverage (not counting sidewalks, decks, etc.) and that the
new impervious surface from this permit was over 1,000 square feet.
Board Member Schell asked, if a permeable driveway is presented, would it be
acceptable. Coordinator Ainsworth advised it would. The intention is to reduce the impact
of run-off from new impervious surfaces. He further explained that there are over 14,000
parcels in Des Plaines that are zoned R-1 and there is no regulation about the level of
impervious surfaces allowed in the rear yards. The 60% threshold was carefully
considered to allow R-1 zoned property owners to enjoy their properties.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 32
Board Member Schell asked about patios, driveways, and decks. Coordinator Ainsworth
stated – yes, these improvements would not count towards the new rear yard coverage
regulation if they are permeable.
Board Member Catalano asked if it would count if a deck proposed. Coordinator
Ainsworth stated if the under-area of the deck is concrete, it counts as impervious.
Chairman Szabo asked how a permeable paver is defined. Coordinator Ainsworth stated
– this would be reviewed by the Building Department staff. An applicant would have to
prove in their building permit drawings that the new surface would be permeable as well
as the way that it is installed.
Coordinator Ainsworth advised that other municipalities were researched. He provided
examples of typical square footages of driveways, sheds, etc.
• Permitted Obstructions
Coordinator Ainsworth referred to Attachment 2, Pages 14-17 then Page 7. He noted that
there are many components of a house and other improvements that will be either
allowed in the side, front, and rear yards or can are the projecting elements.
Drainage must be allowed along the property line (within 2 ft.).
The above-mentioned items cannot project onto neighbors’ properties.
Definitions were read.
• Yard Feature & Recreational Equipment
Statues were discussed. Safety hazards may be addressed for these items.
Other issues were raised. Basketball hoops require a foundation.
Board Member Hofherr asked about Page 16 under Walkways. He suggests eliminating
must be separated by a minimum of 3 ft. He identified a case with a sidewalk next to a
driveway. Coordinator Ainsworth stated that this regulation is existing and no changes
are being proposed.
Case #18-045-SUB 1896-1930 Lee & 1157-1175 Prospect –
Tentative & Final Plat of Subdivision
Case #18-097-TA Citywide – 2018 Des Plaines
Comprehensive Plan
Case #18-099-CU 875 Rand Road – Conditional Use Permit
Case #18-097-TA Citywide – Text Amendments
Case #18-094-TA Citywide – Text Amendments
November 13, 2018
Page 33
Board Members Catalano & Saletnik suggested leaving the language as is. If needed, a
variance could be requested.
Board Member Saletnik asked if the language was pulled from the Code or (re)written.
Coordinator Ainsworth stated – mostly from the existing Code, and clarification may have
been added.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend
approval of the Text Amendments as presented.
AYES: Catalano, Hofherr, Bader, Fowler, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Coordinator Ainsworth advised a Temporary Planner is starting shortly.
ADJOURNMENT
The next agenda is scheduled for November 27, 2018.
Chairman Szabo adjourned the meeting at 9:52 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners