HomeMy WebLinkAbout2024-05-28 - PZB Minutes - FinalCase No. 24-019-V Variation 1700 W. Higgins Rd.
Case No. 24-021-CU Conditional Use 965 and 975 Rand Rd
Case No. 24-022-TA Text Amendment Equipment Sales Text Amendment
Case No. 24-020-TA Text Amendment Institutional District Text Amendment
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DES PLAINES PLANNING AND ZONING BOARD MEETING
May 28, 2024
MINUTES
The Des Plaines Planning and Zoning Board held its regularly scheduled meeting on Tuesday,
May 28, 2024, at 7:00 p.m. in Room 102 of the Des Plaines Civic Center.
Chairman Szabo called the meeting to order at 7:00 p.m. and roll call was established.
PRESENT: Weaver, Saletnik, Veremis, Fowler, Szabo
ABSENT: Catalano, Hofherr
ALSO PRESENT: Jeff Rogers, CED Director
Jonathan Stytz, Senior Planner
Samantha Redman, Senior Planner
A quorum was present.
APPROVAL OF MINUTES
A motion was made by Board Member Weaver, seconded by Board Member Fowler to approve
the meeting minutes of May 14, 2024, with corrections provided to staff.
AYES: Weaver, Saletnik, Veremis, Fowler, Szabo
NAYS: None
ABSTAIN: None
***MOTION CARRIED***
PUBLIC COMMENT ON NON-AGENDA ITEM
There was no public comment.
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Pending Applications:
1. Address: 1700 W. Higgins Road Case Number: 24-019-V
The petitioner is requesting a major variation to extend the maximum building sign area on an office
building, and any other variations, waivers, and zoning relief as may be necessary. - Request for
Continuance
PINs: 09-33-310-004-0000; 09-33-309-007-0000
Petitioners: Julie Piszcek, 5 Robert Court, Hawthorn Woods, IL 60047, and Jeremy Lyons, 6250 N. River
Road, Suite 11-100, Rosemont, Illinois 60018
Owner: Mariner Higgins Center LLC, 6250 N. River Road, Suite 11-100, Rosemont, IL 60018
The petitioner requested to continue this case to the June 11, 2024 Planning and Zoning Board meeting.
Motion by Board Member Weaver, seconded by Board Member Fowler to approve a continuance to the June
11, 2024 Planning and Zoning Board Meeting.
AYES: Weaver, Saletnik, Veremis, Fowler, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIED***
2. Address: 965 and 975 Rand Road Case Number: 24-021-CU
The petitioners are proposing conditional uses for two trade contractor uses at the subject properties, and
any other variations, waivers, and zoning relief as may be necessary. - Request for continuance.
PINs: 09-08-301-006-0000; -007
Petitioners: Peter Wrzesinski, 975 Rand Road, Des Plaines, IL 60016, and Norma Diamano, 1733 N. 43rd
Avenue, Stone Park, IL 60165
Owner: 965 Rand Road LLC, 965 Rand Road, Des Plaines, IL 60016
The petitioner requested to continue this case to the June 11, 2024 Planning and Zoning Board meeting.
Motion by Board Member Saletnik, seconded by Board Member Veremis to approve a continuance to the
June 11, 2024 Planning and Zoning Board Meeting.
AYES: Weaver, Saletnik, Veremis, Fowler, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIED***
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3. Address: Citywide Case Number: 24-022-TA
The petitioner is proposing to modify Sections 12-7-3.K, 12-7-4.G, and 12-13-3 to define, categorize, and
create specific standards for equipment rental and leasing uses depending on the zoning district.
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Request Description: The City of Des Plaines is proposing amending the Zoning Ordinance to
alter/expand the allowance for equipment rental and leasing, distinguish
between small and large equipment, alter/rename existing Leasing/Rental
Agents, Equipment term to define small equipment for rental and lease, and
create a new term to define large equipment for rental and lease.
Background
Chapter 13 of the Zoning Ordinance, “Definitions,” currently contains the following term related to the rental
and leasing of equipment, a use which is allowed only via a conditional use permit in the C-3 General
Commercial and C-4 Regional Shopping districts:
LEASING/RENTAL AGENTS, EQUIPMENT: An establishment, the principal use or purpose of which is
the rental of equipment which includes the following general items: personal hand and power tools, small -
scale air compressors, trailers with one thousand nine hundred (1,900) pound capacity or less, lawn and garden
equipment residential generators, floor and carpet cleaners, heaters, fans, ladders, painting, and wallpaper
equipment. “Leasing/rental agents, equipment” shall not include any use otherwise listed specifically in a
zoning district as a permitted or conditional use. The display of motor vehicles for lease shall be allowed in
all required yards but may not be in conflict with other provisions of this title. This use shall follow the off-
street parking regulations for motor vehicle sales and vehicle leasing/rental agent establishments to
accommodate employee, guest, and related vehicle parking (Section 12-13-3 of the Zoning Ordinance).
While this term and definition provide some allowance for the rental or leasing of equipment, it is limited in
scope and variety of the types of equipment that can be offered for rent. In addition, staff has received a
request for a proposed equipment rental and leasing use at 125 E. Oakton Street (M-2 General Manufacturing
zoning), which would offer an inventory of both small equipment items (e.g., hand tools, fans, ladders) and
larger equipment items (e.g., cranes, loaders, bulldozers) especially related to construction and facilities
maintenance.
Proposed Amendments
The full proposed amendments are attached and are summarized below:
Section 12-7-3, Commercial Districts Regulations: Amend subsection K., “Commercial Use
Matrix,” of this section to rename the existing Leasing/Rental Agents, Equipment term to
“Leasing/Rental Agents, Small Equipment” and retain the current conditional use (“C”) designation
within only the C-3 and C-4 districts.
Section 12-7-4, Manufacturing Districts Regulations: Amend subsection G., “Manufacturing Use
Matrix,” of this section to:
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• Add new “Leasing/Rental Agents, Small Equipment” use and designate it as a permitted use
by right (“P”) in the M-1 Limited Manufacturing district and the M-2 General Manufacturing
district.
• Add new “Leasing/Rental Agents, Large Equipment” use term and designate it as a
conditional use (“C”) in the M-1 Limited Manufacturing district and the M-2 General
Manufacturing district.
Section 12-13-3, Definition of Terms:
• Rename the existing Leasing/Rental Agents, Equipment term to “Leasing/Rental Agents,
Small Equipment” and revise/expand the list of equipment types denoted as small equipment.
• Add new “Leasing/Rental Agents, Large Equipment” term and description with a list of
equipment types denoted as large equipment.
Standards for Zoning Text Amendment:
The following is a discussion of standards for zoning amendments from Section 12-3-7.E. of the Zoning
Ordinance. The PZB may recommend the City Council approve, approve with modifications, or deny the
amendments. The PZB may adopt the following rationale for how the proposed amendments would satisfy
the standards, or the Board may use its own.
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;
These amendments help clarify and expand upon the existing equipment rental and leasing use
classification across different districts to address a current gap in the Zoning Ordinance. While equipment
rental and leasing can be described as a commercial use, the proposed amendments would provide
equipment rental and leasing businesses with alterative locations for their operations that may be more
appropriate in size, customer base, and separation from residences.
2. Whether the proposed amendment is compatible with current conditions and the overall character
of existing development;
The proposed amendments better define and categorize the different types of equipment for rental or lease,
creating distinct allowances based upon the equipment classification (in two groups, “small” or “large”).
The amendments limit equipment rentals and leasing to items defined as small equipment and retain the
current site plan review mechanism through a conditional use permit for this use in a C -3 or C-4 district
where a site-specific analysis is warranted to access its compatibility with the existing development. The
amendments extend this site plan review requirement for larger equipment rental and leasing uses
proposed on properties in the M-1 and M-2 districts, which need additional analysis and consideration
based on the existing development and proposed equipment to be stored on site. Given the scope of items
identified as small equipment, the small equipment rental and leasing is proposed to be a permitted use by
right in the M-1 and M-2 districts.
3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and
services available to this subject property;
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The proposed amendments would not impact the public facilities and services available to properties
located within any district that allows this use as the storage of equipment for rental and lease would likely
not require additional public facilities and services to the properties for which they are located. Depending
on the specific property, the equipment rental and leasing operation could be accommodated within the
existing development without any major changes to the site.
4. Whether the proposed amendment will have an adverse effect on the value of properties throughout
the jurisdiction; and
The amendments as proposed would not be expected to create any new adverse effect on surrounding
properties. For instance, the proposed amendments would require the storage of equipment related to small
equipment rental and leasing uses to be stored indoors in a showroom or storage area, which limit its
operations to an approved structure and would minimize the impact of this use type on surrounding
properties. Similarly, the amendments would restrict the storage of equipment related to large equipment
rental and leasing uses to a location within an approved structure (i.e., indoors) or outside in the rear yard
of the subject property. The M-1 district currently prohibits the open storage of any items requiring
properties in this district to store equipment within an approved structure. The M-2 district allows open
storage, but has built-in storage location, height, and screening regulations that would govern the capacity
and extent of rental and leasing equipment on a subject property. These proposed amendments along with
the existing site plan review regulations for each district will allow for equipment rental and leasing at a
certain scale based on the zoning district while still considering the impact on neighboring properties and
opportunities for public comment.
5. Whether the proposed amendment reflects responsible standards for development and growth.
The proposed text amendments facilitate a path toward responsible standards for development and growth
of equipment rental and leasing uses in select commercial and manufacturing districts. The purpose of the
amendments is to categorize equipment into two different types and create specific standards for each type
in order to exercise responsible development of this type of use and foster commercial site design in a way
that is consistent with the surrounding neighborhood.
PZB Procedure and Recommendation: Under Section 12-3-7 of the Zoning Ordinance, the PZB has the
authority to recommend that the City Council approve, approve with modifications, or deny the above-
mentioned amendments. The Board should clearly state any modifications so that its recommended language
can be incorporated in the approving ordinance passed on to the Council, which has final authority on the
proposal.
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Meeting Discussion Summary:
Senior Planner Stytz provides an overview of the proposed text amendment. Mr. Stytz describes the existing
definition and regulations related to location of display of items and off-street parking regulations.
Currently the use is classified as a conditional use in C-3 and C-4. It is currently not allowed in the
manufacturing district. The issue is that the existing definition has a limited scope. There is also a wider
range of uses allowed for leasing, such as moving and non-moving vehicles, in these zoning districts. The
scope is currently limited on this type of use.
Senior Planner Stytz describes the proposed amendment to define leasing by small and large equipment. The
definitions and regulations differ depending on whether something is classified as small or large equipment
leasing. The uses are split into two, allowing small equipment leasing as a conditional use in C-3 and C-4
zoning districts and permitted by right in the M-1 and M-2 zoning districts. The large equipment leasing is
permitted as a conditional use.
Member Weaver asks how this amendment will affect 365 Equipment. Mr. Stytz states that larger equipment
rentals would not be allowed without a conditional use but would be permitted with the amendment for the
large equipment rentals. Member Weaver asks if there are other firms that would be affected by this in Des
Plaines or would benefit from this. Mr. Stytz states that he is not aware of other businesses, but it would
allow future businesses to be located here for small or large leasing operations.
Chairman Szabo asked if 365 Equipment is currently operating in Des Plaines. Mr. Stytz says they would
like to locate in a specific location and this text amendment would be necessary. Mr. Stytz clarifies that a
variation for a use cannot be granted, so the text amendment is necessary. Chairman Szabo asks about when
Council would review and approve this. Mr. Stytz says this is tracking for the June 17th meeting.
Member Veremis asks about the letter of support and whether they would leave equipment in Barrington.
Mr. Stytz says they would move some operations here and they are in the audience to answer questions.
Chairman Szabo requests a representative from 365 Equipment to present to the board. Chairman Szabo
swears in Bryan Olson from 365 Equipment located at 125 E. Oakton. The representative states they are a
subsidiary of Pepper Construction and will be leasing to Pepper Construction job sites and built a showroom
for outside customers to view equipment. The majority of equipment rentals are small tools. Most things
offered in Des Plaines will be small tools. The Barrington location is larger and they will keep that yard. As
it pertains to the text amendment, it is mostly small tools that will be stored.
Chairman Szabo asks about the Barrington location. The representative states their current location is in
Barrington and hidden away so they are interested in this Des Plaines Location. Chairman Szabo asks about
who will be rented to. The representative says 17% of the business is outside customers, the rest is Pepper
Construction to expand their business.
Member Weaver makes a motion to recommend approval of the text amendments to Sections 12-7-3, 12-7-
4, and 12-13-3, as drafted by staff; seconded by Member Veremis.
AYES: Weaver, Saletnik, Veremis, Fowler, Szabo
NAYS: None
ABSTAIN: None
***MOTION CARRIED***
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4. Address: Citywide Case Number: 24-020-TA
The City is proposing text amendments to the Zoning Ordinance related to the Institutional Zoning District.
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Issue: Consider Zoning Ordinance amendments to: (i) define “Institutionally Zoned Assembly Uses” in
Section 12-13-3; (ii) amend the use matrix in Section 12-7-5.A.6 to allow “institutionally zoned assembly
uses”; (iii) amend footnote 2 in Section 12-7-5.A.6 to allow restaurants on the same zoning lot as assembly
uses; and (iv) amend off-street parking requirements in Section 12-9-7 for assembly uses.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #24-020-TA
Background
All amendments proposed are included within the Proposed Amendments attachment. The purpose of the
amendments surrounds how assembly uses including commercial theaters, banquet halls, nightclubs,
community centers, membership organizations, churches, synagogues, temples, meeting houses, mosques,
or other places of worship are treated within the I-1 Institutional District. The proposed amendments aim to
broaden the range of assembly uses permitted in the I-1 district, clarify entitlements and parking
requirements, and introduce restaurants as a possible land use associated with additional land use types.
Institutional Zoning District History and Overview
The Institutional Zoning District (I-1) has existed since the 1960 Zoning Ordinance and received some
simplifications in language with the 1998 Zoning Ordinance update, but the purpose and regulations have
remained relatively consistent throughout time. Per Section 12-7-5.A.1, the Institutional District is,
“designed to recognize the public or semipublic nature of the institutional district and to provide guidelines
for their continued use and future development. The I-1 institutional district shall provide protection for
existing institutional facilities by prohibiting the encroachment of noncompatible uses.” The table of
permitted uses in the section attempts to carry out this purpose.
Permitted uses in the I-1 district have remained largely consistent since the 1960 Zoning Ordinance, with the
exception of massage establishments added as a conditional use in 2013 and restaurants permitted in select
situations in 2022. Below is a table from Section 12-7-5 of the Code listing the uses currently allowed within
the I-1 district.
Use I-1
Assisted living facility P
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Cemetery, mausoleums, and crematoriums P
Colleges and universities P
Commercial indoor recreation C
Commercial outdoor recreation C
Congregate housing P
Convents and monasteries P
Forest preserves P
Government offices P
Hospitals P
Institutional headquarters, educational, professional,
and religious
P
Massage establishment C1
Offices P
Parks P
Places of worship P
Planned developments C
Public utilities C
Rectories and parish houses P
Restaurants P2
Schools, private - elementary and high school P
Schools, public - elementary and high school P
1. When located on the same zoning lot as a hospital or medical facility
2. When located on the same zoning lot as a lawfully established commercial indoor or outdoor
recreation, college/university, or park uses.
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Below is a table of select bulk regulations for this zoning district:
Requirement
Maximum height Adjacent nonresidential – 100 ft
Adjacent residential – 45 ft plus 5 ft for each 10 ft of additional
setback provided
Minimum front yard 50 ft
Minimum side yard 25 ft
Minimum rear yard 50 ft
Minimum lot size 2 acres
Maximum lot coverage 40%
Spacing of buildings Lots of < 4 acres: No more than one principal building
Lots of ≥ 4 acres: One principal building per 2 acres of land. All
buildings must be 25 feet apart
Proposed Amendment to the Definition of Assembly Use
This text amendment seeks to clarify assembly uses within the I-1 District. In 2018, the Zoning Ordinance
was amended to establish regulations surrounding assembly uses within residentially and commercially
zoned properties. “Place of worship” was removed from the use matrix of commercial and residential zoning
and reclassified with other similar uses under “residentially zoned assembly use” and “commercially zoned
assembly use”. The I-1 district was unchanged.
In 2018, definitions were added for residentially zoned and commercially zoned assembly uses. Each are
currently defined as follows:
• COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the
assembly of people, which can contain a combination of uses that take place in both principal and
accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church,
synagogue, temple, meeting house, mosque, or other place of worship.
• RESIDENTIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the
assembly of people for a non-commercial purpose, which can contain a combination of uses that take
place in both principal and accessory structures. Such uses include: community center, membership
organizations, church, synagogue, temple, meeting house, mosque, or other place of worship.
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Staff proposes the following definition for uses operating in the institutional district:
INSTITUTIONALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the
assembly of people, which can contain a combination of uses that take place in both principal and
accessory structures. Such uses include: commercial theaters, banquet halls, event spaces, churches,
synagogues, temples, meeting houses, mosques, or other places of worship. Such uses shall adhere
to the off-street parking requirements under "assembly uses".
The definition is similar to the commercially zoned assembly use definition but excludes the term
“nightclub”. All other example uses align with the types of uses that may be expected within the Institutional
District Use Matrix, such as a park, house of worship, or college/university. Adding this definition will
consolidate the existing “house of worship” use into the new “assembly use” definition and also expand the
range of uses available in the institutional district to match the types of activities that may be present in this
zoning district.
Proposed Amendment to Assembly Use Off-Street Parking Requirements
An additional amendment proposes to expand the parking requirements in Section 12-9-7 – Off-Street
Parking to apply to the new definition of “institutionally zoned assembly uses”. Presently, there are parking
requirements for places of worship established prior to the adoption of the 2018 text amendments that
established commercially and residentially zoned assembly uses. The places of worship parking requirement
is dependent on the number of seats within the place of assembly. The proposed amendments, as noted below,
remove this section and apply the same parking requirement to all assembly uses, regardless of zoning. This
amendment treats all assembly uses equally in terms of required parking and ensures facilities without affixed
seating are providing adequate parking for their use.
Section 12-9-7: OFF STREET PARKING REQUIREMENTS
Assembly uses:
Residentially zoned assembly uses and
commercially zoned Assembly uses in any zoning
district shall have the following parking
requirements applied in each specific use within
the zoning lot. If the use is not listed below, then
refer to the regulations from other portions of the
off street parking requirement matrix:
Community centers, banquet halls and
membership organizations
1 space for every 200 square feet of gross activity
area
Places of worship and commercial theaters 1 space for every 5 seats in the main auditorium,
sanctuary, nave or similar place of assembly and
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other rooms (gymnasiums, classrooms, offices)
which are to be occupied simultaneously
In cases where there is no affixed seating, 1 space
shall be provided for every 60 square feet of floor
area
For places of worship established prior to
adoption hereof, the parking standard shall only
apply in cases where additions are made to the
existing facility. The standard for the existing
structure shall be:
1 space for each 10 seats in the main auditorium,
sanctuary, nave or similar place of assembly and
other rooms (gymnasiums, classrooms, offices)
which are to be occupied simultaneously
Proposed Amendment to Allow Assembly Uses
The proposed amendment to Section 12-7-5 removes “places of worship” and replaces it with the broader
range of options of “assembly use”. Upon review of the variety of uses permitted within the I-1 district,
there are many that may incorporate an “assembl y use”, including event spaces at park district properties,
places of worship, or other community centers.
Within the R-1 and R-2 zoning districts, assembly uses are permitted as a conditional use if they are over 1
acre and have frontage along a collector or arterial street. This footnote, added with the 2017 amendment, is
intended to prevent smaller assembly uses with insufficient area and access to be located within
neighborhoods. Assembly uses are also a conditional use within two commercial districts – C-3, General
Commercial and C-5, Central Business District – without any restrictions associated with size or adjacency
to roadway. Currently, Places of Worship are permitted by right in the I-1 zoning district. However, as
proposed a conditional use would be required in certain circumstances. Refer to proposed amendment
language below.
Section 12-7-5: SPECIAL DISTRICTS REGULATIONS
*** ***
Places of worship Institutionally Zoned Assembly Uses (located
along an arterial roadway)
P
Institutionally Zoned Assembly Uses (not located along an
arterial roadway)
C
*** ***
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Rationale for classification of Assembly Use as “Conditional” versus “Permitted”
As discussed, assembly uses are currently a conditional use in select commercial and residential districts;
these amendments do not seek to change any requirements outside of the I-1 district. Staff reviewed
conditional use ordinances for assembly uses throughout Des Plaines since 2018 and noted the most common
conditions of approval and discussion items were related to three items: residential adjacency, parking, and
traffic impact.
Creating Non-Conformities
The intent with providing an avenue for permitted by right assembly uses rather than requiring all to be
conditional uses is to prevent creating a significant quantity of non-conforming properties. If a zoning code
is adopted after the establishment of a use that is stricter than the previous code (i.e. if a conditional use is
required for all assembly uses within the I-1 district), then the property is constrained by Section 12-5-5
Nonconforming Uses, limiting expansion of facilities, structural alteration, or the movement of principal
structures.
For example, if an amendment was adopted and a conditional use was now required for an assembly use and
an existing place of worship without a prior conditional use approval chose to relocate a building on the
property, they would need to undergo the conditional use entitlement process, requiring City Council
approval. In contrast, if permitted by right, the relocation of the building would still be required to meet all
applicable zoning and building codes but would not be required to receive conditional use approval.
Residential Adjacency
Compared to residential and commercial parcels, institutionally zoned parcels are typically larger, and both
require and provide a greater amount of open space surrounding buildings. The I-1 district requires a property
to be at least two acres and limits building height when adjacent to residential. Setbacks from property lines
are substantially larger than most zoning districts, requiring a 50-foot front yard setback, a 25-foot side yard
setback, and a 50-foot rear yard setback. Additional screening is required by Section 12-10-9 Landscape
Buffers for any institutional districts abutting residential districts or uses, including a landscape buffer and
fence. Currently parking requirements only apply to residentially or commercially zoned assembly uses.
Combined, these requirements provide an additional buffer from residential properties that is not present
where commercially and residentially zoned properties seek to operate an assembly use.
Additionally, hours of operation are a common condition of approval within the existing assembly use
conditional use ordinances within the City. The hours of operation conditions are intended to limit nuisance
to neighborhoods, particularly residential neighborhoods, past a certain time. The noise ordinance in Section
6-2-7 Noise establishes quiet hours generally between 10 p.m. and 7 a.m. This requirement limits the
decibels of noise that originate from a use and must be followed regardless of whether an ordinance grants a
specific condition of approval restricting noisy activity during this timeframe. This section of the municipal
code would provide protections if any permitted assembly use exceeds noise regulations.
Parking
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The amendments propose to improve the parking requirements as well, expanding the required off-street
parking requirements to apply equally across residentially, commercially, and institutionally zoned assembly
uses and providing avenues to limit the burden on parking capacity along neighborhood streets where
sufficient off-street parking is unavailable on the site of an institutionally zoned assembly use.
Traffic
The amendments propose institutionally zoned assembly uses adjacent to an arterial roadway be considered
a permitted use and requiring a conditional use for this use along all other types of roadways. The term
“arterial” applied to a roadway is a functional classification established by Federal Highway Administrator
(FHWA) and other transportation agencies. Functional roadway classifications take into consideration the
location, traffic volume, access points, and other criteria to determine how a roadway should be designed
and the resources that should be allocated to it.1 An arterial is a roadway with high mobility and designed to
accommodate significantly more traffic than a collector or local roadway. For example, m ost segments of
Rand Road and Northwest Highway are arterial roadways, while Howard Avenue adjacent to Lake Park,
including the new Foxtail on the Lake restaurant, is a local road. Local roads commonly travel through
neighborhoods and are not designed to accommodate the same level of traffic as an arterial roadway.
For institutionally zoned properties along arterial roadways, it can be reasoned that sufficient roadway access
and capacity can be provided to accommodate the higher traffic volumes of an assembly use. In contrast, it
is advisable to consider on a case-by-case basis an assembly use along other classifications of roadways not
designed for this traffic impact, which could be accomplished with a conditional use process.
The Institutionally Zoned Properties Map Attachment provides the location of each I-1 property and all
interstate and arterial roadways. The attachment notes most I-1 properties are along an arterial roadway, with
the exception of three locations that are within neighborhoods on local roads. If an assembly use is expanded
or proposed on any of these properties, such a use would require a conditional use if these amendments were
adopted. The conditional use review process would allow consideration of whether adequate facilities exist
to support the use without creating an unnecessary burden on the transportation network surrounding the
properties.
Restaurant Uses in I-1 Zoning History and Overview
In 2022, an amendment to the Institutional Zoning district was approved to allow restaurants in connection
with recreational or educational uses. This amendment provided the zoning route necessary for the adaptive
reuse of a church at Lake Park to be trans formed into Foxtail at the Lake. Interest has been expressed from
Shrine of Our Lady of Guadalupe to provide a cafeteria facility (refer to Letter of Support attachment). The
1 Federal Highway Administration, “Highway Functional Classification Concepts, Criteria and Procedures 2023 Edition”,
February 2023,
https://gis.penndot.pa.gov/BPR_pdf_files/Documents/Traffic/Highway_Statistics/2023_FHWA_Functional_Classification_Guid
elines.pdf
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cafeteria and tortilleria use is proposed to be open to attendees and the public. This type of cafeteria use is
common with many assembly uses, including catholic shrines.
The restaurant definition below does note that in certain circumstances, a cafeteria or lunchroom may be
considered incidental to the principal use and is not considered a “restaurant”. However, if the cafeteria is
open to the public and does not require interaction with the principal use (assembly use) on the property, it
is interpreted this would not be “incidental” to the principal use and would need to be classified as a permitted
use for a restaurant in this zoning district.
RESTAURANT: An establishment whose principal business is the sale of edible, prepared foodstuffs
and/or beverages for consumption on or off the premises…. Lunchrooms, cafeterias, and coffee shops
providing service intended for employees, students, and guests within an educational, office, medical,
or industrial building, are not, only for purposes of this definition, considered to be restaurants, but
rather uses incidental to the permitted uses (Section 12-13-3).
Proposed Amendment to Allow Restaurant Uses Associated with the Assembly Use
The proposed amendment builds from the 2022 amendment, expanding the ability for assembly uses to
contain restaurants. See below for proposed language for Section 12-7-5.
Restaurants P2
2. When located on the same zoning lot as lawfully established commercial indoor or outdoor recreation,
college/university, or park, or assembly uses.
Standards for Text Amendments:
The following is a discussion of standards for zoning amendments from Section 12-3-7.E. of the Zoning
Ordinance. Rationale for how the proposed amendments would satisfy the standards is provided. The PZB
may use the statements below as its rationale or adopt its own.
1. Whether the proposed amendments are 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 provide clarity and consistency with how assembly uses are treated within
the city and expand options for institutionally zoned properties. The Comprehensive Plan states that
institutional uses are intended to “provide services to Des Plaines residents and the surrounding area.
Institutional land uses include schools, libraries, community organizations, places of worship, and public
facilities.”2 The objectives are met with these amendments, expanding the services and amenities that can
be provided and creating clarity on how requirements for assembly uses should be treated on institutionally
zoned parcels.
2 Des Plaines Comprehensive Plan 2019, page 12
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2. Whether the proposed amendments are compatible with current conditions and the overall
character of existing development;
The amendments serve to clarify what uses are permitted within this zoning district and ensure all
assembly uses are treated equally regardless of zoning district. The amendment allowing restaurants to be
located within assembly uses in the I-1 district expands opportunities for these types of uses on their
properties without creating incompatibilities with existing developments.
3. Whether the proposed amendments are appropriate considering the adequacy of public facilities
and services available;
Refer to Rationale for Conditional versus Permitted Use for Assembly Use section of this report for
information on how amendments contemplated the adequacy of public infrastructure. The amendment
allowing a restaurant use is not anticipated to impact the adequacy of public facilities and services.
4. Whether the proposed amendments will have an adverse effect on the value of properties throughout
the jurisdiction; and
Refer to Rationale for Conditional versus Permitted Use for Assembly Use section of this report for
information on how the proposed amendments contemplated properties adjacent to these types of uses.
The proposed amendments are anticipated to create clarity on how I-1 zoned properties can be used and
take into consideration the potential impact of amendments on adjacent properties and the City overall.
5. Whether the proposed amendments reflect responsible standards for development and growth.
Institutional uses provide essential services to support a healthy, vibrant community. The amendments
expand the potential uses available on an institutional parcel by creating the “assembly use” definition
and allowing for restaurants if associated with an assembly use, creating additional avenues to provide
services on these properties for members of the community.
PZB Procedure and Recommended Conditions: Under Section 12-3-7.C.3 of the Zoning Ordinance, the
PZB has the authority to recommend that the City Council approve, approve with modifications, or deny the
above-mentioned amendments. City Council has final authority on the proposal.
Meeting Discussion Summary:
Senior Planner Redman provides an overview of the proposed text amendment for the Institutional Zoning
District, specifically assembly and restaurant uses. The intent with this existing zoning district is to
provide services to residents and visitors on public and semi-public lands.
There are two separate inquiries at the moment that are currently not allowed by our zoning ordinance in
the I-1, Institutional zoning district. Shrine of Our Lady of Guadalupe is interested in opening a cafeteria
on their property. Zoning code does not allow this type of restaurant use associated with an assembly use.
The park district is interested in opening a banquet facility beneath The Foxtail on the Lake. This proposed
banquet facility is classified as an assembly use which is currently not allowed within this Institutional
District.
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Senior Planner Redman provides an overview of the staff report. Within the existing zoning ordinance, we
allow residentially zoned assembly uses within all of our residential districts as a conditional use. Single-
family and two-family zoned properties are a conditional use on residentially zoned sites of an acre or
more with frontage on a collector or arterial street. Within certain commercial districts, specifically C-3
and C-5, assembly uses are allowed as a conditional use.
When the residential and commercial zoning sections were updated in 2018, places of worship was
removed as a use and was reclassified with other assembly uses added to the zoning ordinance. Senior
Planner Redman is asking to expand this and allowing our institutional parcels to have a broader range of
uses.
The amendments are not proposing a substantial change to the parking requirements. Recommended
amendments would ensure consistency across all assembly uses, with the same parking requirements no
matter the property’s zoning.
Member Fowler asked why the water pumping station on the list of I-1 zoned properties. Senior Planner
Redman answered that she is unsure of the history. It is classified as a public facility and has been an
institutionally zoned property for a very long time.
Member Weaver asked for clarification about whether these changes would be made to residentially and
commercially zoned districts and the institutional district. Senior Planner Redman stated that all of the
amendments would only apply to the institutional district. The references to the residentially and
commercially zoned assembly uses in the report and presentation were for reference only. The parking
requirement would be amended so that institutionally zoned assembly uses have the same requirements as
other assembly uses.
Member Weaver asked why institutional districts have a 50 feet front yard setback. Senior Planner Redman
responded that staff are unaware of any specific reason why 50 feet was chosen. For larger complexes,
there are larger setbacks required, but she is unsure of the history and context behind this requirement.
Member Weaver stated this type of requirement could contribute to car-centric environments.
Member Veremis asked if the Foxtail proposal will require a conditional use because it is not along an
arterial roadway. Senior Planner Redman stated it would still be a conditional use due to its location along
a local road within a neighborhood. Member Veremis also asked if the banquet room will be operated by
the park district or Foxtail. The Board invited the park district representative to speak.
Brian Panek, Des Plaines Park District representative, stated it would be operated by the park district. It is
park district space. The district is in need of more space for functions. Downstairs will be able to fit up to
100 people. Plans for the future would include a yoga studio upstairs and music classes downstairs to be
used as a combination of park district use and Foxtail restaurant. Downstairs there is also a concrete slab
for walkout to the lake.
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Member Fowler asked if there is a facility that holds over 100 people, expressing that has always been the
limitation. Brian Panek answered that Prairie Lakes Mountain View Room 1, 2, and 3 can hold up to 120
people but that is the largest space.
Member Weaver makes a motion to recommend City Council approval of the four text amendments as
drafted by staff, seconded by Member Veremis.
AYES: Weaver, Saletnik, Veremis, Fowler, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIED***
Other items:
None
ADJOURNMENT
Chairman Szabo adjourned the meeting at 7:40 p.m.
Sincerely,
Jeff Rogers/Recording Secretary
cc: City Officials, Aldermen, Planning & Zoning Board, Petitioners