12/11/2018Case #18-096-TA Citywide – Text Amendment
December 11, 2018
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DES PLAINES PLANNING AND ZONING BOARD MEETING
DECEMBER 11, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
December 11, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
Vice Chair Saletnik called the meeting to order at 7:00 p.m. and read this evening’s cases. Roll call was
established.
PRESENT: Bader, Catalano, Hofherr, Saletnik
ABSENT: Fowler, 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 Hofherr, seconded by Board Member Catalano, to approve the
minutes of November 27, 2018, as presented.
AYES: Bader, Catalano, Hofherr, Saletnik
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
1. Address: Citywide Case 18-096-TA
The City of Des Plaines is requesting Text Amendments to the 1998 Des Plaines Zoning Code, as
amended, to Section 12-3-1.A.6(a through e) in order to update the Planning and Zoning Board
Application fees.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case #18-096-TA Citywide – Text Amendment
December 11, 2018
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Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Vice Chair Saletnik swore in Patrick Ainsworth/Coordinator, City of Des Plaines, 1420 Miner Street,
Des Plaines, IL, who advised the 1998 Des Plaines Zoning Code is 20 years old. He explained the
changes in fees. Also, Coordinator Ainsworth noted there are 10 zoning verification letters per
year (regarding setbacks, transfer of property, etc.). Staff is requesting a $35 fee (there is no cost
at the present time). He compared fees at other municipalities.
Board Member Catalano asked if there is any plan to do this regularly. Coordinator Ainsworth
stated – no, the intention is not to raise fees on a regular basis.
Vice Chair Saletnik and Board Member Catalano stated they believe the fees are reasonable.
Vice Chair Saletnik asked if anyone in the audience is in favor or objects to this proposal. No one
responded. He asked Staff to provide the Staff Report which Coordinator Ainsworth did:
Issue: The City of Des Plaines is requesting Text Amendments to the 1998 Des Plaines Zoning
Code, as amended, to amend Section 12-3-1A.6 to amend the Planning and Zoning Board (PZB)
Applications Fees and to add a fee associated with Zoning Verification Letters.
Analysis: So far in 2018, Community and Economic Development (CED) received 96 PZB
applications which is a similar number of applications received in 2017. The application requests
range from minor variations to large planned unit developments and each case takes staff time
to process, review, compose a staff report, follow through with implementing any conditions tied
with each case and close out the file. Additionally, the fees associated with these applications
have been the same since 1998. As such, CED staff researched the fees from other communities
and compares them against Des Plaines’ application fees. Note, the assessment below only
reviewed application fees and not any ancillary fees such as legal newspaper notices, public sign
fees and postage. Some of the ancillary fees are covered in the application fee.
Variations
Des Plaines contains three different fees for the minor, standard and major variation applications.
The City does not differentiate between residential and non-residential districts; however, several
other communities breakdown their fee structure based on land use. A table with the researched
variation application fees is found below:
Zoning Variation Application Fees
Municipality Fee Charged
Des Plaines
Minor Variations $85
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December 11, 2018
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Des Plaines
Standard Variations $195
Des Plaines
Major Variations $220
Elk Grove
Residential Variations $75
Elk Grove
Non-Residential Variations $400
Franklin Park
(Residential) $250
Franklin Park
(Non Residential) $500
Niles
(Residential) $100
Niles
(Non-Residential) $200
Mount Prospect
(Residential Single Lot) $250
Mount Prospect
(All Other Scenarios) $250-$500
Park Ridge
(Minor - Residential) $150
Park Ridge
(Major Residential) $175
Park Ridge
(Minor Non- Residential) $250
Park Ridge
(Major Non-Residential) $300
The average minor variation/residential variation fee charged is $172.50. Des Plaines’ minor
variation fee is $85. It is recommended to increase this amount $150 for minor and $250 for
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December 11, 2018
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standard variations. The average major/non-residential variation fee charged is $332.50 and Des
Plaines charges $220 for major variations. It is recommended to increase this amount to $350.
Conditional Uses
Des Plaines’ conditional use fee does not differentiate between residential and non-residential.
As such, there is only one fee that applies for all of our conditional use requests. Opposite to the
research for variation application fees, many other nearby communities only charge one fee for a
conditional use request regardless of the zoning district as well. A table of our fees with the
conditional use application fees of other communities is found below:
Zoning Conditional Use Application Fees
Municipality Fee Charged
Des Plaines $385
Elk Grove Village $400
Franklin Park $500
Niles $350
Mount Prospect
(Residential Single
Lot) $250
Mount Prospect
(All Other Scenarios) $250-$2,500
Park Ridge $400
The average conditional use application fee charged is $526.67. Des Plaines’s conditional use fee
is currently $385. CED staff recommends to increase this fee to $500 as this is one of the most
requested applications that go to the Planning and Zoning Board as well as City Council which
takes more staff time to process and close out.
Rezoning and Text Amendments
After researching rezoning and text amendment application fees from nearby communities, it is
became apparent that the fees charged widely vary. The City of Des Plaines charges the least
amount for a map amendment (rezoning) or a text amendment. A summary of the fees charged
is found below:
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December 11, 2018
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Rezoning/Text Amendment Application Fees
Municipality Fee Charged
Des Plaines $220
Elk Grove Village $400
Franklin Park $750
Niles $250 to $1,500
Mount Prospect
(Lot Less Than 1 Acre)
Rezoning Only $250
Mount Prospect
(All Other Scenarios)
Rezoning Only $250-$2,500
Park Ridge $300 -$400
The average rezoning/text amendment application fee charged is $620. Des Plaines’s text
amendment and rezoning application fee is currently $220. CED staff recommends to increase
this fee to $500.
Planned Unit Developments
Planned Unit Developments (PUDs) are one of the rarest applications that applicants apply under;
however, these requests are typically the most time consuming given the size of project and their
inherent complexities. Below is the table that showcases the application fees charged for PUDs:
Planning Unit Development Application Fees
Municipality
Fee
Charged
Des Plaines $770
Franklin Park $800
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December 11, 2018
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Niles
$2,500
to
$4,000
Mount Prospect
$250-
$2,500
Park Ridge $700
The average PUD application fee charged is $1,379. Des Plaines’s PUD fee is currently $770. CED
staff recommends to increase this fee to $1,500.
If the Planning and Zoning Board agrees with CED staff’s aforesaid suggested rates, then the
requested text amendment is as follows:
12-3-1.A.6:
Amend:
a. Conditional use permits $385.00
$500
b. Planned unit developments 770.00
$1,500
c. Variations:
(1) Minor variations (planning and zoning) 85.00
$150
(2) Standard variations (planning and zoning board) 195.00
$250
(3) Major variations (city council) 220.00
$350
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December 11, 2018
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d. Amendments (text or map) 220.00
$500
e. Appeals 85.00
$250
Zoning Verification Letters
Zoning Verification Letters, sometimes referred to as Zoning Certificates, are an infrequent
request that generally come from an appraiser or attorney requesting staff to verify specific
information on a particular property. Despite the handful of requests, some communities charge
for such a request and the research is provided below:
Zoning Verification Letter
Municipality
Fee
Charged
Des Plaines Free
Elk Grove Village Free
Franklin Park $40
Niles $150
Mount Prospect Free
Park Ridge Free
While the City of Des Plaines does not charge for this type of request, CED staff suggests to add a
nominal fee of $35 to recoup some costs and to better track the number of zoning verification
letter requests. If Zoning Verification Letters are going to be added to the Zoning Ordinance, then
the proposed text amendment is as follows:
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December 11, 2018
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Chapter 3
DEVELOPMENT REVIEW PROCEDURES
Add
SECTION:
12-3-12 Zoning Verification Letter Fees
Add
12-3-12 Zoning Verification Letter Fees
A. Scope: Any request to verify any zoning district or verify an existing zoning
related matter in writing within the corporate limits of the City of Des Plaines shall
be deemed as a zoning verification letter request.
B. Request for zoning verification letter: Any request that is provided in writing to
request the Community and Economic Development Department to verify a
zoning district or other existing zoning related matter(s) shall be submitted in
writing to the Community and Economic Development Director or to his/her
authorized designee. Such request shall be processed on a form provided by the
City and the response shall be provided in writing.
C. Fee: Any request for a zoning verification letter shall be charged $35.00. Such fee
shall be paid in full prior to releasing the requested letter.
Conclusion
The Economic Development Coordinator, the Senior Planner and the Associate Planner all partake
in the processing and administration on these applications and inquiries. While it is difficult to
precisely calculate the costs to handle all of these applications, it is generally calculated that staff
costs exceeds $60,000 to administer all PZB applications in 2018. For reference, the City received
$24,724.50 in 2017 for all applications. As of today, the City has received $24,540 in application
fees with an anticipated yearly revenue total of $27,500. The amendments will not cover the gap
between revenue and staff costs, but it will assist with amending the 20-year old fees.
Additionally, Community and Economic Development may hire a part-time staff person to assist
with the applications in 2019. Part of the fee adjustments may assist in covering the cost of adding
a new part-time staff person.
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.
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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.
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
modernizing the Planning and Zoning Board Application Fees which have not been adjusted for
over 20 years. The increases will not cover all of staff costs, but the adjustment will assist with
recouping some additional costs associated with staff time.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
Modernizing the Planning and Zoning Board Application Fees while experiencing the steady
increase in the number of applications will assist with recouping costs associated with staff
time.
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 the adjustment in fees to ensure that responsible applications are
made and to potentially minimize onerous requests.
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5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendments assist with responsible standards for development and growth
by responsibility applying fees to partially cover staff time. The existing fees are over 20 years
old.
Recommendation: CED staff recommends to amend the specific application fees as identified in
this memorandum.
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.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend
approval to City Council as presented.
AYES: Bader, Catalano, Hofherr, Saletnik
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Vice Chair Saletnik advised a recommendation for approval would be submitted to City Council.
Coordinator Ainsworth advised the Petitioner for 875 Rand Road, Des Plaines, IL requested to
withdraw his application. He explained why (Ace Motors is moving back; has a Conditional Use). No
action needs to be taken from the Planning and Zoning Board.
Board Member Hofherr stated he wishes to eliminate the real estate transfer fee. He explained the
fees and shared the fees of other municipalities. Coordinator Ainsworth will raise this issue.
DISCUSSION
Coordinator Ainsworth shared highlights of 2018, illustrated new project and development updates, and
explained same via a PowerPoint presentation:
• Orchards at O’Hare
• Fairfield Inn and Suites (Commissioner Bader offered a status update)
• Butera Fruit Market
• New Restaurants – Firewater and Slyce Pizza in the downtown district.
The Comprehensive Plan was deferred from the December 3rd meeting. Coordinator Ainsworth thanked
the PZB for their hard work.
He advised there is an Artisanal Retailer (wood sculptor) at 800 Lee Street.
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The City’s web site was also updated. There is a new Available Properties page. Staff is encouraging and
helping new businesses.
New initiatives are:
• Restaurant and Retail Tour
Board Member Bader stated Elmhurst does not allow semi-trucks in its downtown area.
Coordinator Ainsworth will review in tandem with the traffic and circulation study.
• New Text Amendments
Board Member Hofherr asked if a list could be compiled of petitions that have not come to fruition. He
cited an example. Coordinator Ainsworth reminded Petitioners have 1 year to get a permit for approved
projects. He noted perhaps a 2016-2017 analysis could be compiled.
Vice Chair Saletnik stated he appreciates Coordinator Ainsworth sharing updates. He noted continuity
has been lacking, and now things in Des Plaines seem to be improving. Coordinator Ainsworth stated the
intent is to make things smarter, more efficient, etc. He asks for feedback on more improvements. Board
Member Bader concurred that we are now helping people with projects.
Coordinator Ainsworth stated he plans to provide updates for the PZB per quarter.
ADJOURNMENT
Coordinator Ainsworth advised there is no PZB meeting on January 8, 2019.
Vice Chair Saletnik wished everyone a Merry Christmas and Happy New Year.
The meeting was adjourned by Vice Chair Saletnik at 7:28 p.m.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners