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01/14/2013  DES PLAINES PLAN COMMISSION JANUARY 14, 2013 MINUTES The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, January 14, 2013 at 7:00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Nitemotka, Lane, Perez, Yi ABSENT: Bar Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Niemotka called the meeting to order at 7:00 P.M. NEW BUSINESS Addresses: Citywide Case Number: 12-071-TA Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.5.1, Institutional District Use Matrix, to allow for Massage Parlors in the I-1, Institutional District. Addresses: Citywide Case Number: 12-072-TA Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.2.1, Residential Districts Use Matrix, Table 7.3.1, Commercial District Use Matrix, and Table 7.4.1, Manufacturing Districts Use Matrix, to make modifications to the list of permitted and conditional uses, and to Section 3.6-6-A., Standard Variations, to add the location of accessory structures in relation to the principle structure for double-frontage lots as a Standard Variation. Address: 30 N. Des Plaines River Road Case Number: 12-075-MAP The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the C-2 Limited Office Commercial Zoning District to the C-3 General Commercial Zoning District. replacement of the entire Zoning Ordinance with the draft Unified Development Ordinance is still anticipated to be considered by the City Council later this year. Additionally, an update to the list of variations that are classified as standard variations is proposed to handle cases involving the location of accessory structures on double frontage lots. A number of neighborhoods, primarily in the western portion of the City, were developed with through lots where houses face an interior local street, but also have street frontage on another street, usually a collector or arterial street. Examples include Mt. Prospect Road, Dempster Street, Algonquin Road, Oakton Street, and Golf Road. Section 8.1-3.B. of the Zoning Ordinance states that the minimum front yard setback for an accessory structure shall be the front building line of the principal structure. This amendment would allow variations regarding the location of an accessory structure, such as a shed or garage, to be handled more expeditiously as a standard variation than they currently are as a major variation. The standard variation process is typically 4-6 weeks with the Zoning Board of Appeals having final authority as opposed to the major variation process which is typically 2-3 months with the City Council having final authority. To properly evaluate the text amendment requests, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, generally does not address individual land uses. However, goals of the Comprehensive plan include strengthening the City’s commercial areas and revitalizing the City’s industrial base. The proposed use matrix modifications may help to achieve these goals. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The proposed amendments to the Zoning Ordinance are intended to ensure new uses are not detrimental to the zoning districts and also to increase the number of uses allowed in areas where those uses may provide positive economic impacts to the City. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendments are not anticipated to have a large affect on public facilities or services. However, the amendments would allow larger scale commercial development within industrial areas of the City. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Scott Mangum stated that this does not include Pawn Shops nor are they a permitted use. There is only one in the city and it is a legal non permitted use. With this amendment Payday Loans would not be a permitted use. Chairman Niemotka asked for any other questions from the commissioners. Chairman Niemotka asked if there was anyone in the audience that had any questions; there were none. Chairman Niemotka asked for a motion by the Board. A motion was made by Commissioner Lane seconded by Commissioner Perez to recommend approval amending Table 7.2.1, Residential Districts Use Matrix, Table 7.3.1, Commercial District Use Matrix, and Table 7.4.1, Manufacturing Districts Use Matrix, to make modifications to the list of permitted and conditional uses, and to Section 3.6-6-A., Standard Variations, to add the location of accessory structures in relation to the principle structure for double-frontage lots as a Standard Variation. AYES: Lane, Perez, Yi NAYES: None MOTION CARRIED ***** Case Number 12-071-TA was heard next Chairman Niemotka read a summary of the case up for hearing. Chairman Niemotka asked Mr. Mangum to read the applicable staff report into record, as follows: Issue: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.5.1, Institutional District Use Matrix, to allow for Massage Parlors in the I-1, Institutional District. Analysis: Text Amendment Report Petitioner: Massage Therapy, Inc., 802 Harlem Avenue, Glenview, IL 60025 facilities by prohibiting the encroachment of non-compatible uses. The proposed use may be complimentary and compatible with existing medical institutions. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment to allow Massage Parlors as a permitted use should not have a large affect on public facilities or services. Police Department approval of a business license is required per the City Code. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would allow an additional land use for properties within the I-1, Institutional Zoning District and is not anticipated to have an adverse impact on property values. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendment does not appear to conflict with the City’s Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendment would not appear to be in conflict with responsible standards for development and growth. The proposed change would not be anticipated to generate a significant amount of development and growth in the City. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of a modified text amendment regarding Massage Parlors. Establishing Massage Parlors as a Permitted Use in the I-1 Zoning District, only when located on the same site as a hospital or medical office building, limits the areas of the City that would be affected while allowing a complimentary use to be permitted. Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Chairman Niemotka asked if the board or anyone from the audience had any questions. Commissioner Lane asked if they were just renting space from Holy Family. Petitioner Shiver stated yes, they will be renting space. Commissioner Lane asked if they are limited to only people coming to you for your service or will you be visiting patients rooms. Petitioner Shiver stated that we have not looked into that yet but they will be open to everyone outside or inside the hospital. Commissioner Yi asked if they were state licensed. PIN: 09-08-402-008-0000 Case Number: 12-075-MAP Existing Land Use: Multi tenant building Existing Zoning: C-2, Limited Office Commercial Street Classification: The adjacent section of River Road is listed as an arterial in the Comprehensive Plan. Comprehensive Plan: The Comprehensive Plan recommends a Community Commercial use for the site. The applicants, Samir and Avani Patel, have requested to change the zoning of the lot at 30 N. Des Plaines River Road from C-2, Limited Office Commercial, to C-3, General Commercial. The irregularly shaped, approximately 15,565 square foot lot has 102 feet of frontage on Des Plaines River Road. Two one-story brick buildings, 5,236 and 2,400 square-feet in size, are located on the lot. Ten parking spaces are located in front of the buildings. The applicant has requested the rezoning from the more restrictive C-2 Zoning District to the less restrictive C-3 Zoning District in order to be able to attract a wider range of tenants. The buildings are currently partially occupied with office and storage uses. The list of allowable uses in the C-2 Districts is limited, with the goal of the district being “to preserve existing office development and provide locations for the development of new office locations.” Whereas, the purpose of the C-3 General Commercial District is “to accommodate a variety of businesses in locations to serve the community of Des Plaines.” Generally, the area to the north of the subject property is developed with office uses including Holy Family Medical Center. Additionally, an office building is located at the southwest corner of Golf and River Roads. The properties to the south of the subject property are developed with more intense industrial uses and are zoned M-1, Limited Manufacturing. The properties to the west along Golf Road are also mostly located within the C-2 zoning district. The adjacent property located at 6 N. River Road (northwest corner of Redeker and River Roads) was rezoned from C-2 to C-3 earlier this year as well as the property at 1345 Golf Road/16 Mary Street. Both the 2007 Comprehensive Plan and Five Corners Redevelopment Plan for TIF #4 contemplate large format retail commercial development in the area. The C-3 Zoning District is more compatible with this type of development. Standards for a Zoning Map Amendment To analyze this map amendment request, the standards for amendments contained in Section 3.7- 5 of the Zoning Ordinance were used. Following is a discussion of those standards: Under Section 3.7-4-C of the Zoning Ordinance (Amendments) the Planning Commission has the authority to make a recommendation for approval, approval with modification, or disapproval of the above-mentioned map amendment. The City Council has the final authority on the proposal. Commissioner Lane asked if there were two separate buildings and how many parking spaces. Petitioner stated that yes they are separate buildings and 18 total parking spaces. Chairman Niemotka asked if there was anyone in the audience that had any questions; there were none. Chairman Niemotka asked for a motion by the Board. A motion was made by Commissioner Yi seconded by Commissioner Lane to recommend approval as amended, to reclassify the property from the C-2 Limited Office Commercial Zoning District to the C-3 General Commercial Zoning District. AYES: Lane, Perez, Yi NAYES: None MOTION CARRIED **** The meeting was adjourned at 7:50 p.m. by unanimous voice vote. Sincerely, Robert Niemotka, Chairman Des Plaines Plan Commission cc: City Officials Aldermen Plan Commission Petitioner