Loading...
08/25/2020Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING August 25, 2020 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, August 25, 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 7:03 p.m. and read this evening’s cases. Roll call was established. PRESENT: Bader, Catalano, Fowler, Hofherr, Saletnik, Veremis ABSENT: Szabo ALSO PRESENT: Mike McMahon, Community & Economic Development Director 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 Fowler, to approve the minutes of July 28, 2020, as corrected. AYES: Bader, Catalano, Fowler, Hofherr, Saletnik, Veremis NAYES: None ABSTAIN: None ***MOTION CARRIED UNANIMOUSLY*** Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 2 OLD 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 Saletnik asked if the Board has any questions. Several board members had questions regarding: • Clarification of radius of allowable locations • How other local municipalities are handling tattoo parlors and body art establishments; are the allowed Acting Chairman Saletnik stated that the diagram provided in the packet provide clarification of the allowable locations. Director McMahon provided information from other municipalities regarding tattoo parlors and body art establishments. Acting Chairman Saletnik stated that some municipalities are more restrictive on tattoo parlors versus body piercing, but some municipalities do not allow either. Acting Chairman Saletnik asked why this issue was being brought to the Planning & Zoning Board. Director McMahon stated that an Alderman was approached by an individual to open an establishment on Oakton St. There was discussion at a City Council meeting to bring to a future Planning & Zoning Board meeting. Members Fowler and Vermis asked about the survey results, specifically Mount Prospect and Arlington Heights. Director McMahon stated that the survey results were provided by the Northwest Municipal Conference. Director McMahon stated that tattoo parlors are not a widely acceptable business for Zoning, some municipalities do allow as a special or conditional use. Member Fowler asked if the City can limit the total number of tattoo parlors or body art establishments. Director McMahon stated that the City tries to stay away from limiting numbers but instead providing distance requirements. Member Hofherr asked about licensing requirements and fees. Director McMahon stated that there has not been discussion on fees and licensing at this time, the discussion is about the allowable use in Des Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 3 Plaines. Director McMahon stated that the there is one tattoo establishment located within the City of Des Plaines, that was “grandfathered in”. The establishment recently moved from the Broadway Street location to Metropolitan Square, and the parlor is allowed to operate and move as long as the corporation and business owner remain the same. Member Fowler asked if the existing tattoo parlor would be counted in the mapping zones; the current parlor is in a different zoning designation (C-5), a new tattoo parlor would not be allowed in after they have left. Director McMahon also stated that the tattoo parlors fall under “public safety” and not the zoning section of the code. Member Vermis inquired about the money received from taxes. Director McMahon stated that the tax revenue is negligible since it is a use, which the State does not tax. Director McMahon also stated that with his four years with the City of Des Plaines, he has not had any inquiries for a tattoo or body art establishment. Member Fowler expressed concern over the grouping on tattoo parlors, Director McMahon reiterated the distance requirements to avoid clustering. Member Veremis asked about the possible total number of shops allowed, Director McMahon stated the most would be three-four shops in the City. Member Fowler suggested increasing the radius to 1.5 or 2 miles to limit the number of shops allowed. Director McMahon stated that with a two mile buffer, the limit would be two shop allowed. He also stated that the potential tattoo establishment is ready to sign a lease. Member Catalano asked if the buffer would include the current establishment, “High Class”, Director McMahon stated that the establishment would be included in the numbers. Member Saletnik stated that the use is already restrictive and all conditional uses would have to come before the Planning & Zoning Board. Member Veremis inquired about the vision for Oakton Street, Director McMahon stated that the redevelopment plan and the TIF District hopes to create a niche entertainment district. Acting Chairman Seletnik asked that the Staff Report be entered into record, Director McMahon 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 Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 4 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 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 Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 5 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. 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 Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 6 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. 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 Catalano to approve as presented. AYES: Bader, Catalano, Hoffer, Saletnik NAYES: Fowler, Veremis ***MOTION CARRIES *** Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 7 NEW BUSINESS 1. Address: 1375 E. Oakton Street Case Number: 20-028-CU The petitioner is requesting a Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service use in the R-1 zoning district at 1375 E. Oakton Street, and approval of any other such variations, waivers, and zoning relief as may be necessary. PINs: 09-29-205-008-0000 Petitioner: Milan Milosevic, 2500 Biscayne Boulevard, Suite 1107, Miami, FL 33137 Owner: 1375 Oakton St, LLC, 1381 E. Oakton Street, Des Plaines, IL 60018 Acting Chairman Saletnik swore in Milan Milosevic, 2500 Biscayne Boulevard, Suite 1107, Miami, FL 33137. The Petitioner played a short video highlighting his proposed business, a pet daycare, grooming facility and hotel. The Petitioner stated that is also has an application for pet walkers. The Petitioner stated that the facility will be open from 7:00 a.m. – 7:00 p.m. with a retail component, including pet accessories, and have separate areas for big/small dogs and cats, as well as an outdoor facility. Member Fowler asked if the Petitioners have any other facilities, he stated that this would be his first. Member Catalano asked if the Petitioner agreed with the conditions, the Petitioner agrees with the conditions listed. Acting Chairman Saletnik asked about the number of employees hired, the Petitioner stated that the he hopes to hire three-four employees to begin. The Petitioner stated that employees will park on the side of the building, the front will exclusively be used for drop off. The Board asked about cleanliness, the Petitioner stated the facility will remain clean and does not see any issues. Acting Chairman Saletnik asked that the Staff Report be entered into record. Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service use in the C-3 zoning district at 1375 E. Oakton Street, and approval of any other such variations, waivers, and zoning relief as may be necessary. Analysis: Address: 1375 E. Oakton Street Owners: 1375 Oakton Street, LLC, 1381 E. Oakton Street, Des Plaines, IL 60018 Petitioner: Milan Milosevic, Waggy Paradise, Inc., 2500 Biscayne Boulevard, Unit #1107, Miami, FL 33137 Case Number: 20-028-CU Real Estate Index Number: 09-29-205-007-0000; -008 Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 8 Ward: #6, Alderman Malcolm Chester Existing Zoning: C-3, General Commercial District Existing Land Use: Go Doggie Home Doggie / Kotur Mechanical Group (Commercial) Surrounding Zoning: North: C-3, General Commercial District South: R-1, Single-Family Residential District East: C-3, General Commercial District West: R-1, Single-Family Residential District Surrounding Land Use: North: Commercial (vacant land) South: Residential (single-family) East: Commercial (shopping center) West: Residential (single-family) & Railroad Street Classification: Oakton Street is an arterial street and Chestnut Street is a local street. Comprehensive Plan: The Comprehensive Plan designates the site as Higher Density Urban Mix with Residential. Project Description: The petitioner, Milan Milosevic on behalf of Waggy Paradise, Inc., has requested a Conditional Use Permit for a Domestic Pet Service use at 1375 E. Oakton Street for a pet grooming and boarding business, Waggy Hotel, in the C-3 zoning district. The property contains a one-story, 12,081- square foot multi-unit building with a 19 space surface parking lot. The existing building is divided into two main portions: the western portion of the building consists of two larger units, which extend the entire depth of the building, and the eastern portion of the building, which is broken up into three smaller units. There is currently a pet grooming/boarding business on the subject property located in Unit #1 on the eastern side of the building, which has been operating in the space since 2017. Go Doggie Home Doggie received a conditional use for a Pet Domestic Service use back in 2010 for Unit 1 of the building. While this business plans to move out of the building, the petitioner is proposing to locate the proposed pet grooming/boarding business in the larger unit on the western portion of the building and install a dog run in the back of the property. Thus, a new conditional use for a Domestic Pet Service is required for the proposed pet grooming/boarding business, Waggy Hotel. The petitioner plans to combine the two larger units on the western portion of the building into a single, 5,000-square foot space for the pet grooming, boarding, and daycare business. The space will be divided into separate sections to accommodate the grooming salon, cat and dog lounges, pet washing area, retail area/lobby, employee break room, and storage/mechanical rooms as shown in the Floor Plans (Attachment 6). On the outside of the building, the petitioner plans to utilize much of the existing building materials and improvements, including the stone façade, metal clad canopy, and stone planter boxes. However, the petitioner plans to add a new aluminum storefront for the business entrance, a new signage for the front of the building, new landscaping in the existing planter boxes, and install a new dog run at the rear of building with a 6-foot tall wood fence and gate as shown in the Building Elevations (Attachment 7). Waggy Hotel would operate every day of the week between 7 am and 7 pm with initially three full time employees along with up to four pet groomers. The petitioner plans to have rotating staff to care for all pets staying overnight at their location. Waggy Hotel will utilize pet pads and Urine Zero solutions to trap Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 9 and disinfect all surfaces both inside building and outside in the dog run area to ensure that all waste is cleaned and disposed of daily. Of the existing 5,000-square foot space on the western portion of the building, 4,054-square feet of combined space will be devoted to the lobby/retail area, office, pet bathing area, cat and dog lounges, dog play areas, and pet grooming salon. The rest of the building is used for storage, mechanical equipment, restrooms, and employee break room. Pursuant to Section 12-9-7, the amount of parking spaces required for customer and employee parking is at least one parking space per 250-square feet of gross floor area. Based on the information obtained from the petitioner, including a Floor Plan of the existing building unit, staff finds that at least 16 parking spaces, and at least one handicap parking space, are required on site for customer and employee parking. The petitioner is proposing to utilize the existing 19 parking spaces, including one handicap parking space, located on site as shown in the Site Plan. Compliance with the Comprehensive Plan The proposed project, including the proposed the site improvements, address various goals and objectives of the 2019 Comprehensive Plan including the following aspects: • Future Land Use Plan: o The property is marked for the Higher Density Urban Mix with Residential land use. The Future Land Use Plan strives to create a well-balanced development area with a healthy mixture of commercial and residential uses. While the current use is commercial, the petitioner will work to partially enhance the property with additional landscaping, new aluminum storefront, and new dog run. o The subject property is located along Oakton Street, a defined commercial corridor, with single-family residential to the south and west. The request would assist in the development of a new commercial business as well as improve the property from a functional and aesthetic standpoint. • Landscaping and Screening: o The Comprehensive Plan seeks to encourage and actively pursue beautification opportunities and efforts, including the installation of landscaping, street furniture, lighting, and other amenities, to establish a more attractive shopping environment and achieve stronger corridor identity in Des Plaines. o The proposal seeks to add foundation landscaping in the existing planting beds along the front of the western portion of the building to provide a more pronounced buffer between the building and north parking area. o The proposal also includes the addition of a 6-foot tall wood fence to enclose the new dog run area located behind the building to adequately screen its view from the single- family residences located south of the subject property. While the aforementioned aspects represent a small portion of the goals and strategies of the Comprehensive Plan, there is a large emphasis on improving existing commercial developments and enhancing commercial corridors throughout Des Plaines. Conditional Use Findings: As required, the proposed amendment is reviewed below in terms of the standards contained in Section 12-3-4(E) of the Zoning Ordinance: Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 10 A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Domestic Pet Service use is a Conditional Uses in the C-3 General Commercial District, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The Comprehensive Plan seeks to promote additional land uses in the area through development and/or redevelopment opportunities in its commercial districts. The proposed Conditional Use for a Domestic Pet Service would allow for a new business to fill a vacant space, provide additional services to Des Plaines residents, and may, in turn, promote future development or redevelopment opportunities with multi-use concepts for the surrounding properties. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Conditional Use for a Domestic Pet Service is harmonious with the surrounding commercial development as there are other service-oriented uses located along Oakton Street. In addition, there is currently a similar pet boarding, grooming, and daycare business located on the subject property. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The existing Conditional Use for a Domestic Pet Service is not hazardous or disturbing to existing neighboring uses as it more so blends in with surrounding commercial development. While the petitioner plans to make some aesthetic improvements to the front exterior of the building and add a fenced dog run in the rear of the building, staff finds that the changes will not be hazardous or distributing to surrounding development. Enhancements will be made to the property such as increased landscaping and fencing to reduce any potential impact to neighboring properties. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: The subject property is located west of the intersection of Oakton Street and Chestnut Street and currently has three access points: two along Oakton Street and one along Chestnut Street. The Conditional Use for a Domestic Pet Service will not affect the service of the property by public facilities and services or agencies responsible for establishing the Conditional Use. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use for a Domestic Pet Service does not create excessive additional requirements at the public’s expense or detract from the economic well-being of the Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 11 community as all operations will take place inside the building aside from the dog run area located outside behind the building. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The existing pet grooming, boarding, and daycare business on site does not produce excessive production of traffic, noise, smoke fumes, glare or odors. The proposed Conditional Use for a Domestic Pet Service will operate in a larger space than the existing pet grooming, boarding, and daycare business, but will not have a detrimental effect on any individual, property, or general welfare of the community. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The subject property contains three access points onto the subject property that negate any interference with traffic on surrounding thoroughfares and the existing Domestic Pet Service use has not affected the use of these access points. The proposed Conditional Use for a Domestic Pet Service will not cause traffic interference on the surrounding public thoroughfares. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The existing Conditional Use for a Domestic Pet Service has not resulted in any destruction, loss, damage, or change to the natural, scenic, or historic features of major importance since the subject property has already been developed for commercial use. The proposed Conditional Use for a Domestic Pet Service will not cause in any destruction, loss, or damage of natural scenic, or historic features as it will utilize the existing space within the building and the existing parking available on the property. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The existing Conditional Use for a Domestic Pet Service complies with all additional regulations in Section 12-3-4 in the City of Des Plaines Zoning Ordinance. The proposed Conditional Use for a Domestic Pet Service will also comply with all applicable regulations for Conditional Uses. Recommendation: Staff recommends approval of the Conditional Use Permit for a Domestic Pet Service based on a review of the information presented by the applicant as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions: 1. That the parallel parking spaces between the building and the front property line shall be designated as loading or short-term parking. 2. That the building space and outdoor dog run areas are cleaned daily to remove pet waste and that pet waste is collected from the site on a weekly basis. Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 12 3. That a sign permit application is submitted and obtained for any proposed exterior signage on the property. Planning and Zoning Board Procedure: Under Sections 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for motor vehicle sales in the C-3 General Commercial District. The City Council has final authority on the proposal. Acting Chairman Saletnik asked if there was anyone from the public that wanted to comment on the case; the following members from the public came forward: • Mario Garcia of 1681 S Chestnut, Des Plaines, IL asked about pets staying overnight and had concerns over noise. The Petitioner responded that the building is virtually soundproof, made of double layer brick. Acting Chairman Saletnik stated that there are noise performance requirements as specified in the zoning code, and that the business would have to comply. Director McMahon stated that the noise issue was a major concern for Playtime Pup Ranch, but has not had any noise complaints. The Petitioner also stated that each animal would have their own crate and be in their kennel from 7:00 pm - 7:00 am. • Elizabeth Davis, who has a daughter who resides on Chestnut, had a question about the number of dogs allowed and if there was a standard or a number of dogs per square foot of building. Director McMahon stated there is nothing for indoor pet services in the City Code. The facility would have to comply with all state regulations and animal control (overcrowding and safety issues). The Petitioner stated that he does not have any license currently, but the location in question is approximately 5,000 square feet and he can board up to 50 dogs. Acting Chairman Saletnik asked for clarification regarding the kennels, the kennels are larger and there is separation between dog sizes. Ms. Davis also had concerns over the disease outbreaks, such as parvo. The Petitioner stated that all dogs must be current on vaccinations prior to accepting them into the facility. The property owner for 1375 Oakton, Acy Marsenic, came forward and reiterated the fact the location is very soundproof and that if additional modifications are needed for additional soundproofing, they will be addressed. Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 13 Planner Stytz stated that the following written communiques were received and entered into record: • Mr. and Mrs. Joseph Asa, 1658 S Chestnut, Des Plaines, IL, dated 8/21/2020 Dear Sir or Madam: Regarding the above referenced conditional use permit application, I am opposed to it for a number of reasons (including nuisance) and would respectfully request that you vote to deny the granting of the conditional use permit. • David Vicik, 1511 Riverview Ave, Des Plaines, IL dated 8/25/2020 Dear Sir or Madam: Regarding the above referenced conditional use permit application, I am opposed to it for a number of reasons (including nuisance) and would respectfully request that you vote to deny the granting of the conditional use permit. I would like it to be known by the members of the city council that along with the nuisance factor, a facility of this size would generate a large amount of pet waste. Unless some type of special licensed waste hauler is contracted to remove the waste on a daily basis, the smell, disease and insect population that would arise from such a facility during a pandemic, Covid 19 in particular, would make me feel unsafe and I would stay away from such a facility. My neighbors and I should not feel like we are being endangered by a business in our neighborhood. Just a few hundred feet east is the Oak Elm animal hospital which already serves the needs of our neighborhood quite nicely when it comes to pet grooming, care and boarding. I urge the council members to vote NO on case #20-028-CU and DO NOT grant the conditional use permit. • Cheryl Held/Taxes With Held, 140 E Oakton & 1721 S Elm St, Des Plaines, IL dated 8/21/2020 Dear Sir or Madam: Regarding the above referenced conditional use permit application, I am opposed to it for a number of reasons (including nuisance) and would respectfully request that you vote to deny the granting of the conditional use permit. Not only is this a nuisance but if you look at the property, there is not enough room for walking these dogs nor an area for them to be going to the bathroom outside. This definitely should not be allowed and if these dogs are taken out, they are going to be doing their business in the parkway or in the parking lot? We already have that situation occurring with the current tenant who is there with the same type of business but it is our understanding that the new proposed renter for that space wants to take on (3) times the amount of space that is currently being utilized for this same type of organization. While I know this petition normally would be for the Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 14 homeowners directly impacted by this, I am a business owner located directly across the street and have witnessed the current situation of dogs doing this business (allowed by owner) in the parkway. Now, operating my own business with windows directly facing that business, how do you think that this situation looks to us and our clients. Are we to say, sorry, but their dogs need to take a dump, so pretend like you don’t see it. I very strong oppose this new business operation with the expansion to be allowed to operate their domestic pet service and that the permit be denied. Thank you, Cheryl A Held Also, as an addendum to my previous comments I would like to follow it up with the following info – Oakton Street is a very, very busy thoroughfare connecting out city to Elk Grove Village, Park Ridge and beyond. Going eastbound on Oakton from Lee Street you pass the fire station, go over the railroad tracks and then Oakton Street merges into one lane directly in front of the property in question. This is a very dangerous piece of road. What will happen if a handler or two has dogs out (with no place to be walked) and the dog runs out into this merging traffic. This is an awful situation and I do not know what liability the City would incur for allowing this permit application when indeed this property is incapable of having this property location for this type of business. I urge the City to come out and note this situation because it is absolutely correct. Also, currently we have the Elm Animal Hospital one block away on Elm St and Oakton St property. We are already crazed with all the dogs barking at that location and the unkempt property. I mention this because not only am I a business owner at 1401 E Oakton St – square in the middle of the Pet Service Co and the animal hospital, but I am also a homeowner at 1721 S Elm St, down the street from the animal hospital and I have totally had enough of the animal situation in my work and personal home setting. Des Plaines needs to seriously consider my opposition to this conditional use permit. You are allowing my neighborhood to go to the DOGS! Acting Chairman Saletnik provided comments regarding the cleanliness and noise factors to address the written communiques. A motion was made by Board Member Catalano, seconded by Board Member Fowler to approve as presented. AYES: Bader, Catalano, Fowler, Hofherr, Saletnik, Veremis NAYES: None ***MOTION CARRIES UNANIMOUSLY *** Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 15 2. Address: 380 Northwest Highway Case Number: 20-029-MAP The petitioner is requesting a Map Amendment under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to rezone the property located at 380 Northwest Highway from C-1, Neighborhood Shopping District to C-3, General Commercial District, and approval of any other such variations, waivers, and zoning relief as may be necessary. PINs: 09-07-303-047-0000 Petitioner: Arvind Patel, 4295 Eisenhower Circle, Hoffman Estates, IL 60192 Owner: Arvind Patel, 4295 Eisenhower Circle, Hoffman Estates, IL 60192 Acting Chairman Saletnik swore in Arvind Patel, 4295 Eisenhower Circle, Hoffman Estates, IL 60192. The Petitioner stated that his request is regarding rezoning the property at 380 Northwest Highway from C- 1, Neighborhood Shopping District to C-3, General Commercial District. The new zoning designation would allow the building to comply with current zoning standards and allow for more flexibility regarding uses and tenants. Acting Chairman Seletnik asked that the Staff Report be entered into record. Director McMahon commented that the current zoning designation is not appropriate, and that the C-2 or C-3 would be appropriate, and that the C-3 designation would provide the most flexibility. Issue: The petitioner is requesting a Map Amendment under Section 12-3-7 of the 1998 Des Plaines Zoning Ordinance as amended to rezone the subject property from C-1, Neighborhood Shopping District to C-3, General Commercial Use. Analysis: Address: 380 Northwest Highway Owners: Dr. Arvind Patel, 4295 Eisenhower Circle, Hoffman Estates, IL 60192 Petitioner: Dr. Arvind Patel, 4295 Eisenhower Circle, Hoffman Estates, IL 60192 Case Number: 20-029-MAP Real Estate Index Number(s): 09-07-303-047-0000 Ward: #7, Alderman Don Smith Existing Zoning: C-1, Neighborhood Shopping Existing Land Use: Multi-Unit Office Building Surrounding Zoning: North: R-1, Single-family Residential South: M-1, Limited Manufacturing East: C-3, General Commercial / R-1 Single-family Residential West: C-3, General Commercial Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 16 Surrounding Land Use: North: Single-family Residences South: Railroad / Metra Parking Lot East: Commercial / Single-family Residences West: Commercial Street Classification: Northwest Highway is an arterial street, Cambridge Road is a local street, and Cornell Avenue is a local street. Comprehensive Plan: The Comprehensive Plan designates the site as Commercial. Project Description: The petitioner, Dr. Arvind Patel, is requesting a Map Amendment to rezone the subject property from C-1, Neighborhood Shopping District to C-3, General Commercial District to allow for additional businesses within the existing building. The property contains a three-story, multi-use building with a 124-space off-street surface/covered parking lot on the ground level and two upper office floors. The existing building was built in 1966 and contains medical offices, home health care offices, pharmacy, wound care and medical spa, and similar office uses. The petitioner purchased this building in 2017 and remodeled a majority of the units. At this time, the petitioner is attempting to fill vacant units with new office uses. However, the subject property is currently zoned C-1, Neighborhood Shopping where office uses are a conditional use. Thus, any new office use would currently have to obtain a conditional use prior to locating within the existing building. The petitioner is requesting the map amendment from C-1 to C-3 to allow future office uses on the property as a permitted use and to match the property zoning with the existing commercial development along Northwest Highway. Aside from the map amendment, the petitioner does not have any plans to make changes to the building or property itself at this time. Compliance with the Comprehensive Plan The proposed project, including the proposed the site improvements, address various goals and objectives of the 2019 Comprehensive Plan including the following aspects: • Future Land Use Plan: o The property is marked for Commercial land use. The Future Land Use Plan strives to create a well-balanced development area with a healthy mixture of commercial and residential uses. While the current use is a multi-unit office building, the petitioner has remodeled the building to attract new businesses and services to Des Plaines. o The subject property is located at the corner of the major intersection along a defined commercial corridor with a mixture of single-family residential, commercial, and manufacturing uses and serves as a prominently-positioned development along Northwest Highway. The request would assist in the retention and growth of an existing multi-unit office building as well as allow room for new services within close proximity to Des Plaines residents. While the aforementioned aspects represent a small portion of the goals and strategies of the Comprehensive Plan, there is a large emphasis on improving existing commercial developments and enhancing commercial corridors throughout Des Plaines. Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 17 Amendment Findings: Map Amendment requests are subject to the standards set forth in Section 12-3- 7(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. 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 Comment: The Comprehensive Plan strives to foster both retention and growth of retail, office, and service-oriented uses that primarily serve day-to-day needs of local residents. The subject property is located along the Northwest Highway corridor and contains commercial office uses in close proximity to Des Plaines residents, contributing to a more pedestrian friendly environment. The rezoning will bring the entire property under a zoning district tailored towards the existing uses present on the subject property and that is consistent with surrounding development. B. The proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property Comment: The subject property is surrounded by a mix of commercial, manufacturing, and residentially-zoned properties. However, the properties directly east and west of the subject property are zoned C-3, General Commercial, which are compatible with the proposed map amendment for the subject property. C. The proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property Comment: There are currently adequate public facilities for the existing C-1, Neighborhood Shopping District zoned property to enable it to be rezoned to the C-3 General Commercial District. D. The proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposal would better address the existing uses operating on the subject property and make the subject property zoning consistent with similar C-3 zoned development in the area. This request would also allow for additional uses to be located on site thus promoting new business growth in the existing building. E. The proposed amendment reflects responsible standards for development and growth: Comment: The proposal strives to meet and exceed the responsible standards required for development and growth as it would allow for additional uses to locate on site. The request will lessen the barriers to entry for new retail, office, and service-oriented businesses to locate in Des Plaines at this site. Recommendation: Staff recommends approval of a map amendment to rezone the subject property from C-1, Neighborhood Shopping District to C-3, General Commercial District under Section 12-3-7 of the 1998 Des Plaines Zoning Ordinance as amended. Planning and Zoning Board Procedure: Under Section 12-3-7(D) (Procedure for Review and Decision for Amendments) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned requests for a Map Amendment for the property at 380 Northwest Highway. The City Council has final authority on the proposal. Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 18 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 approve as presented. AYES: Bader, Catalano, Fowler, Hofherr, Saletnik, Veremis NAYES: None ***MOTION CARRIES UNANIMOUSLY *** Case 20-026-TA City-wide Text Amendments Case 20-028-CU 1375 E Oakton St Conditional Use Case 20-029-MAP 380 Northwest Hwy Map Amendment August 25, 2020 Page 19 ADJOURNMENT The next meeting is scheduled for September 8, 2020. Acting Chairman Saletnik adjourned the meeting by voice vote at 8:09 p.m. Sincerely, Wendy Bednarz, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners