07/28/2020Case 20-026-TA City-wide Text Amendments
July 28, 2020
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
JULY 28, 2020
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
July 28, 2020, at 7:00 p.m. in Room 101 of the Des Plaines Civic Center.
ZONING BOARD
Acting Chairman Saletnik called the meeting to order at 7:00 p.m. and read this evening’s cases. Roll call
was established.
PRESENT: Bader, Catalano, Fowler, Hofherr, Saletnik, Veremis
ABSENT: Szabo
ALSO PRESENT: Jonathan Stytz, Planner/Community & Economic Development
Wendy Bednarz/Recording Secretary
A quorum was present.
PUBLIC COMMENT
There was no Public Comment.
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the
minutes of July 14, 2020.
AYES: Bader, Catalano, Hofherr, Saletnik, Veremis
NAYES: None
ABSTAIN: Fowler
***MOTION CARRIED UNANIMOUSLY***
Case 20-026-TA City-wide Text Amendments
July 28, 2020
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NEW BUSINESS
1. Address: City-wide Case Number: 20-026-TA
The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des Plaines
Zoning Ordinance, as amended for: (i) Section 12-7-3.K to add “Body art establishments” under certain
circumstances as a Conditional Use to the C-3 zoning district, (ii) Section 12-9-7 to add “Body art
establishments” to the Off Street Parking Regulations, and (iii) Section 12-13-3, to add a definition for
“Body art establishment” to the Definition Chapter, and approval of any zoning text amendments as may
be necessary.
PIN: City-wide
Petitioner: City of Des Plaines, 1420 Miner Street Des Plaines, IL 60016
Owner: City of Des Plaines, 1420 Miner Street Des Plaines, IL 60016
Acting Chairman Seletnik asked that the Staff Report be entered into record. Planner Stytz provided a
summary of the following report:
Issue: The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des
Plaines Zoning Ordinance, as amended, (i) Section 12-7-3.K to add “Body art establishments” as a
Conditional Use to the C-3 zoning district under certain circumstances, (ii) Section 12-9-7 to add “Body art
establishments” to the Off Street Parking Regulations, and (iii) Section 12-13-3, to add a definition for
“Body art establishment” to the Definition Chapter, and approval of any zoning text amendments as may
be necessary.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #20-026-TA
Project Description: The City of Des Plaines is proposing several text amendments to the Des Plaines
Zoning Ordinance, which are as follows:
• Adding Body art establishments as a conditional use to the C-3 zoning district under certain
circumstances;
• Adding Body art establishments to the Off Street Parking Regulations; and
• Adding a definition for Body art establishments to the Definition Chapter of the Zoning
Ordinance.
The Des Plaines City Council discussed body art establishments at the July 6, 2020 meeting as there was a
general consensus to allow for tattoo parlors and body piercing establishments in Des Plaines under
certain restrictions. The City Council discussed the proposed text amendments below and made a motion
Case 20-026-TA City-wide Text Amendments
July 28, 2020
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to have the Planning and Zoning Board consider the proposed text in a public hearing and forward their
recommendation back to City Council for final consideration.
Text Amendment to the Zoning Ordinance Regarding Body Art Establishments
Add
12-7-3.K: - COMMERCIAL DISTRICTS USE MATRIX
Uses C-1 C-2 C-3 C-4 C-5 C-6 C-7
Body art establishments C22
Notes
22. Body art establishments shall be located at least one mile away from any other body art
establishment. The total size of such use/space cannot exceed 2,000 square feet.
The text amendment above suggests to add body art establishments as a conditional use in the C-3 zoning
district. Additionally, there would be a regulation that any such use must be located at least one mile
away from another body art establishment and the space that this use could occupy does not exceed
2,000 square feet in size. The intent of this text is to reduce any cluster effect and to ensure the proposed
use is in-keeping with the surrounding business sizes. Additionally, every such applicant who wants to
operate such a use has to go through the public hearing process and seek approval from the City Council
through the conditional use process. That results in every request being evaluated on a case-by-case
basis.
Add
12-9-7: OFF STREET PARKING REGULATIONS
Commercial Uses
Body art establishments 1 space per 250 square feet of floor area
Add
12-13-3 DEFINITIONS
Body Art Establishment: An establishment, licensed under the Illinois Department of Public Health,
which conducts physical body adornment activities, including, but not limited to, the following
techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition
does not include practices that are considered medical procedures by the Illinois State Medical Board,
such as implants under the skin, which shall not be performed in a body art establishment. “Body art
establishment" shall not include any use that is otherwise listed specifically in a zoning district as a
permitted or conditional use.
Note, the definition above closely resembles the definition for such use under the Illinois Department of
Public Health as this government agency regulates this profession.
Case 20-026-TA City-wide Text Amendments
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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 proposed text amendments are generally consistent with the goals and objectives of the
comprehensive plan as the amendments includes an opportunity to allow a new business category to the
C-3 zoning district. Modernizing the Zoning Ordinance will advance the 2019 Des Plaines Comprehensive
Plan to ensure that development trends and existing conditions coincide in a logical manner.
2. Whether the proposed amendment is compatible with current conditions and the overall character
of existing development;
The proposed text amendments are mainly based off the conversations that took place at recent Des
Plaines City Council meetings. The general consensus was to allow such a use in the C-3 zoning district as
a conditional use in order to evaluate each applicant on a case-by-case basis. The proposed text
amendment will limit the quantity of body art establishments within the City of Des Plaines through a one
mile buffer requirement.
3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and
services available to this subject property;
The proposed amendments are appropriate when considering the adequacy of public facilities and
services throughout the City of Des Plaines. The proposed text amendments will help ensure that there
are no concerns with impeding public facilities and services as each text amendment is being introduced
in a responsible manner.
4. Whether the proposed amendment will have an adverse effect on the value of properties throughout
the jurisdiction; and
The proposed text amendments will not have a negative adverse effect on property values throughout
the City as there are several mechanisms introduced to allow for such uses in a careful manner.
5. Whether the proposed amendment reflects responsible standards for development and growth.
The proposed amendments reflect responsible standards for development and growth as all text
amendments aim to regulate a proposed land use that is not covered in the Zoning Ordinance.
Recommendation: The Community and Economic Development Department recommends approval of
the proposed text amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as
amended, for the following portions: (i) Section 12-7-3.K to add “Body art establishments” as a Conditional
Use to the C-3 zoning district under certain circumstances, (ii) Section 12-9-7 to add “Body art
establishments” to the Off Street Parking Regulations, and (iii) Section 12-13-3, to add a definition for
“Body art establishment” to the Definition Chapter.
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.
Planner Stytz provided an overview of the staff report. The staff report provided definitions for “body
art establishments” and conditions for approval for of an establishment (including location). The City of
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Des Plaines currently does not allow body art establishments.
Acting Chairman Saletnik asked if the Board has any questions.
Member Fowler asked if there was any inquiries by the City Council or by establishments looking to come
to the City of Des Plaines. Planner Stytz stated that he was not aware of any inquiries.
Several Board Members inquired about what other local municipalities allow in terms of body art
establishments. Member Hofherr also stated he would like information on if municipalities allowed body
art establishment’s outright, though conditional use or if they are prohibited.
Several Board Members expressed concern over the maximum allowable limit of body art
establishments in Des Plaines. Planner Stytz reiterated that the businesses would only be allowed in the
C-3 zoning district and no less than a mile from each location.
Member Saletnik inquired about the legality regarding the number of body art establishments in town
as a conditional use. He followed up by suggesting we quantify the number of establishments allowed,
including a maximum allowable.
Member Veremis asked about vape shops; vape only shops are not allowed in the City of Des Plaines,
but tobacco/vape stores are considered retail and there is no limit on the number of shops allowed.
Member Veremis also stated that there are no restrictions for body art establishments near schools.
Member Saletnik stated that the C-3 zoning district should alleviate some of those concerns.
Member Fowler asked about the restrictions for a dispensary and cultivation of cannabis; she stated that
body art establishments should mirror those restrictions.
Member Hofherr suggested that adding an additional to the code regarding restrictions for locations
near schools.
Member Catalano stated that the one mile and C-3 designation already narrows the number of shops
able to apply for the conditional use.
Member Fowler asked if the locations of C-3 zoning areas could be shown on a map, to have a better
sense of the possible locations of the establishments.
Member Hofherr asked about the amount of tax dollars generated from body art establishments from
other suburbs.
Planner Stytz suggested that additional research can be provided prior to the Planning & Zoning Board
making a decision.
Acting Chairman Saletnik asked if there was anyone from the public that wanted to comment on the
case; there were no comments.
A motion was made by Board Member Hofherr seconded by Board Member Veremis to table the text
amendments until further information can be provided to the Planning and Zoning Board.
Case 20-026-TA City-wide Text Amendments
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AYES: Bader, Catalano, Fowler, Hoffer, Saletnik, Veremis
NAYES: None
***MOTION CARRIES UNANIMOUSLY ***
Case 20-026-TA City-wide Text Amendments
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ADJOURNMENT
The meeting scheduled for August 11, 2020 has been cancelled. The next meeting is scheduled for
August 25, 2020.
For the foreseeable future, the first Planning & Zoning Board meeting will be canceled, there will only be
one meeting per month, the fourth Tuesday of each month.
Acting Chairman Saletnik adjourned the meeting by voice vote at 7:31 p.m.
Sincerely,
Wendy Bednarz, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners