Planning & Zoning Commission

PLANNING AND ZONING COMMISSION REGULAR MEETING DEKALB MUNICIPAL BUILDING CITY COUNCIL CHAMBERS 200 SOUTH FOURTH STREET WEDNESDAY – OCTOBER 15, 2014 - 6:00 P.M. MICHAEL WELSH, CHAIR CALL TO ORDER ROLL CALL APPROVAL OF AGENDA (Additions or Deletions) APPROVAL OF MINUTES August 13, 2014 Meeting | August 27, 2014 Meeting CITIZEN COMMENTS (OPEN FLOOR TO ANYONE WISHING TO SPEAK ON RECORD) OLD BUSINESS (NONE) NEW BUSINESS 1. Continued Public Hearing on a proposal by the City of DeKalb for Text Amendments to Articles 5, 7, 13, 17 and 19 of the City of DeKalb’s Unified Development Ordinance (UDO). CONSIDERATIONS (NONE) FUTURE CONSIDERATIONS (NONE) REPORTS / ITEMS FOR NEXT MEETING (NONE) ADJOURNMENT Assistive services will be provided upon request PC066-14  DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING August 13, 2014 The City of DeKalb Planning & Zoning Commission held a regular meeting on August 13, 2014 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Welsh called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: Christina Atherton, Roger Ruehling, Matthew Crull, David Castro, Deborah Nier, Adam Katz and Chair Welsh. Also present: Derek Hiland, Principal Planner, Jared Heyn, Administrative Intern, Mark Eddington, DeKalb Sanitary District Manager and Mike Holland, Assistant Manager Engineering. APPROVAL OF AGENDA Modification – moving the public hearing to the first item on the agenda. Nier motioned to approve the July 16th agenda with the change. The motion was seconded by Atherton and approved by voice vote. APPROVAL OF MINUTES There are no minutes to be approved. CITIZEN BUSINESS None OLD BUSINESS None NEW BUSINESS Public hearing - Mooney property - Frieders said the City is taking on additional discussion with the property owner and wishes to table the item. After consideration by the Commissioners the item was tabled indefinitely by a unanimous vote. Public Hearing – Lift Station fencing – Heyn gave history from the previous meeting regarding screening for the Sanitary Lift Station on Redwing Drive. The options that were previously given PC065-14 Page 1 of 9 were a wood privacy or a wrought iron fence. Staff researched vinyl options for better screening and lower maintenance at resident’s suggestion. Hiland noted that staff looked into fencing options as well as permeable paving for driveway access. Currently the drive is asphalt. One of the permeable paving options is called “Driveable Grass” and one is called “Grasscrete”. Hiland suggested that in theory this type of permeable pavement would allow for a green lawn to surrounding the lift station and soften the views for the neighboring property owners.. PUBLIC COMMENT Homeowners, Dennis Ervin -458 Red Wing Ln, Michelle Brantley – 459 Red Wing Ln voiced their concerns and thoughts. Brantley noted that she would prefer to have the fencing installed sooner than later and would not want the installation delayed because of the permeable paving decision. Mike Holland, Engineer DeKalb Sanitary District, 303 Hollister Dr. Holland asked if we are talking about relocating the Lift Station and said that he’s not sure what to do with that conversation since the Sanitary District inherited a Lift Station that was built by the developer. The Sanitary District was not instrumental in the placement. He also noted the Sanitary District obtained approval and a permit to put the driveway in. Holland said it was his understanding that the discussion for the meeting was intended to be on fencing options and not discussing the location of the generator or tearing out the driveway and putting in new material. COMMISSIONER COMMENT Chair Welsh noted that we want to have the fence installed as soon as possible. Frieders said that making the turf a condition a part of the recommendation on the variance would be the preferred way to go rather than postponing a decision on a part of this project. Crull proposed a variance for an 8’ vinyl fence surrounding the Lift Station with 2 gates. Katz seconded the motion. It was approved by voice vote. Crull proposed the original landscaping plan with the plantings along the sides of the Lift Station with lower plantings along the drive out to the road. Atherton seconded the vote. It was approved by voice vote. Crull proposed as a condition of the variance that the Principal Planner would be authorized to make a determination about the availability and reasonableness of using an alternate paving system at the entrance to the property. This would relieve the need for shrubbery along from the fence to the street. Nier seconded the vote. It was approved by voice vote. Atherton motioned to accept the three proposals that were put forth as conditions of the variance. Crull seconded the motion. It was approved by voice vote. Public Hearing - Approval of rezoning the University Plaza from “MFR” Multi-Family Residential to “PD-R” Planned Development Residential, and approval of preliminary and final development plans for University Plaza PUD. The Applicants propose to convert the 1,100 capacity rooming house into 322 multi-family dwelling units, arranged into one, two and three bedroom apartment style buildings. PC065-14 Page 2 of 9 Hiland said the University Plaza dormitories are privately owned and have existed for fifty years noting that the proposed plan will change the density from a licensed 1,100 capacity to 322 apartments, which reduces the number from 1,100 to 511 people. This plan will reduce density while increasing the ratio of parking. Hiland said details of the plan are highlighted in the development agreement. Hiland said University Plaza plan doesn’t fit within any of the City’s current zoning districts, as proposed. What is before the commission is a proposed planned development with a planned development agreement that has outlined a number of conditions that have been crafted to address the public health, safety and welfare of the community. Gene Lowery, Chief of Police said that in vertical housing it’s much more difficult to respond to calls. He noted there are considerations in de-densifying the area. 900 Crane Drive has held the highest population density with the most calls for service with the police department. Lowery said through lighting and environmental design crime prevention will be more effective also adding a closed circuit security system on site. Lowery noted that having the common areas patrolled would aid in identifying those that have been banned from the building. Placing a resident officer on site would allow for additional safety. Lowery said that currently University Plaza is one of the best kept places in the city. Capstone also has an excellent record across the country. Chief Lowery supports the project. Chief Hicks, Fire Chief supports the project. Hicks said the building doesn’t have a suppression, alarm system or fire sprinkler system, only smoke detectors. He said the elevators don’t reach all levels of the building. The developer has agreed to sprinkle the building and the alarm system will be fully upgraded to pinpoint the location of a fire as firefighters walk in the door. The alarm system will also notify the dispatch center. Upgrades to elevators will take place and will accommodate stretchers. The available staff in DeKalb to fight a high-rise fire is about thirteen while high-rise fires typically are fought with over one hundred fire-fighters. Hicks said the upgrades will make the building much safer for all residents. T.J. Moore, Public Works Director, supports the project noting that the upgrade will be an improvement in how the students transverse the property. The improvement of the crosswalks with the addition of LED lights will direct everyone to use one particular crosswalk and will make it a safer area. Drivers will be expecting movement and crossing in one particular area. The parking bank drainage changes will also be beneficial. Frieders suggested taking in all info tonight and making a decision without postponing the decision as delaying it would be detrimental to the project. Hiland informed the commission that there are variance requests that are no longer needed as the plans now support what the U.D.O. requires. Mark Strauss, Foster Buick Law Group, legal counsel representing the applicant, Capstone and the current ownership. Strauss introduced the team as John Chapman and Christopher Mouran of Capstone, Donna Chudacoff and Jeff Crane, current owners, Lisa Sharp and Jeff Keppler as Project Architects with Sharp Architects, David Weber of Wendler Engineering as Site Engineer and Brian Slovacek, Site to Place as Landscape Architect. PC065-14 Page 3 of 9 John Chapman, Capstone Real Estate Investments. Chapman noted the critical timeframe saying there’s a hard date set to get things constructed and reoccupied by student residents. Chapman said University Plaza has been a gracious fixture in DeKalb since the 60’s and that the intent is to bring this fixture in the community into the modern era. In a brief overview he said that Capstone has been in business for thirty years and is a privately held family business from Birmingham, Alabama and is national in scope having in excess of 74,000 beds across 60 campuses, a $4,100.000 business with thirty years of track record exclusive to the student housing market. Capstone is a multi-generational firm much like the original owners of University Plaza. University Plaza was developed in the 60’s, has been maintained in great order and operates at very high level. Chapman expressed he hopes the City will find great confidence in the joint venture with Capstone and current owners. Chapman said the building has become dated and functionally obsolescent as an off campus dorm style hall with a cafeteria. Currently there is little privacy for residents, RA’s are on every hall and there are many life safety issues. Capstone is wanting to repurpose the existing structure with the residence style hall shifting to an apartment style option saying it will be the most highly amenitized student housing product on the market with high speed internet, cable, indoor pool upgrades. The fitness center will be brought into the central building on the main level and will be a focal point exuding great energy. Available will also be a business center, a conference facility, individual study rooms, a tanning facility, gaming options, social gathering options, secured access, private bedrooms and end unit kitchens. The Plaza will be a student only rental, leased only by the bed, not by the unit. All occupants will be required to carry a parental guarantee. Credit and criminal background checks will be performed. The units will be fully furnished. Lease terms run from mid-August to July 31st. Four strong bullet points: • Structure - From the curb there will not be much change with most changes contained within existing skin. Some open air facilities will be being enclosed with some cosmetic improvements but structurally no changes. • Density –There are currently 1,100 occupants in the rooming house and could have potentially 1,100 vehicles. The proposed plan will reduce the occupant load from 1,100 to just under 500 resident occupants. This is a huge benefit for the quality of life • Parking – There are currently 400 plus parking spaces. This year averaged 36 % utilization. The reality is that students will not have more than one vehicle. Utilization rate shows that present parking will be adequate. Geographically speaking the proximity to core campus is within the bullseye around campus. Chapman feels the parking spaces will be adequate. • Life Safety – Within improvements provided will be a sprinkled suppression system, fully addressable fire alarm, Knox boxes, resident officer program and a no trespass agreement. The City will also have access to camera systems. Lisa Sharp, Sharp Architects - Sharp expressed that she is pleased to see the amount of effort and investment Capstone is willing to put into a property that is at the end of its business model. She said although it’s been well run, if the property is not made to be financially viable there could be future problems. Building Design – There are two towers with a central building in the middle. The central building has a full basement while the towers don’t. The intent is to redevelop the first floors of each tower which is currently common space, laundry and maintenance space, and convert to apartments, 16 units 26 beds in each tower with shared amenities and lounge, etc. There are seven additional floors in each tower that will be gutted to create twenty new apartment units with a total of twenty-nine beds. The central building currently has the cafeteria and a large commercial kitchen. With each PC065-14 Page 4 of 9 apartment having a kitchen, the commercial kitchen won’t be required. The fitness center will be brought up from the basement and then will develop ten units with a total of thirty-eight beds with some having double occupancy. All will be fully sprinkled with a fire alarm system, and stair and railing improvements. Entry - The desire is to create a new entry feature as it is currently not clear where to enter the building. Options for the entry will be either the northwest corner of the central building or straight down the middle. Site – A.D.A. needs improvement. The plan allows for new pavement for handicap spaces and repaving the central driveway. There are currently accessibility issues that will be resolved with this development. Presently University Plaza is not easily noticed because it’s 500 feet from the road. Within the plan 3 flagpoles would be added at the center point that will draw some attention and help to brand the development. New monument signs will be placed at the corner of Crane Drive and Annie Glidden Rd and Crane Drive and Russell Road. Also to the south there is a pathway. Lighting will be added to the pathway. To the east there is proposed land-banked parking. Currently the west half has 407 park spaces. If needed an additional 203 parking spaces can be added to the property. Landscape Design - Brian Slovacek, Landscape Architect, says the frontage is stark so required plantings will be clustered at the central parking lot to create an identity. Three flagpoles will be proposed to draw attention to the property. A ground sign will have plantings to help reinforce the location of the entry. The current islands will remain and more will be added. Trees will break up the expanse of asphalt. There will be gates and a fence around the dumpster enclosures. To the east there will be an employee parking lot. At Russell Road and Crane Drive will be another ground sign. At the back of the building there will be trees to add a sense of privacy and offer shade. Lisa Sharp, Sharp Architects - Sharp made note that there are five variances up for consideration. Parking Lighting –Will provide photo-metrics to show that the U.D.O. requirement of 1.5 – 2.0 foot candles is met. The request is being made to use 30’ poles. On the west property 30’ poles are already in use. Given the scale of the parking lot, 30’ is reasonable. If 15’ is used it would be necessary to triple the number of poles. The intention is to reuse and supplement the 30’ poles. For the pedestrian area will scale down to 15’. Sharp said a survey will be done to determine where there are dark spots. Landscape – Typically landscape strips are required every four aisles. What is being suggested is placing every three and five strips so lands strip aligns with the west entrance to the parking lot while meeting spirit of the U.D.O. requirement. Parking – Sharp noted that this is the major variance being requested. University Plaza has tracked historical data for years and years. Last year there were 173 parking permits for the property and 199 the year before. Thirty six to fifty six percent of residents have needed parking spaces. There has been no problem with parking along Crane Drive. Sharp said her opinion is that it would be unwise to spend money on parking lots that will remain empty as it wouldn’t be desirable to have a sea of asphalt. She noted the proximity to NIU cannot be underscored with University Plaza being within a PC065-14 Page 5 of 9 one mile radius of the central part of NIU. This is a prime location for those who don’t want to spend money on a car and would rather walk or bike. Sharp said adding parking to the proper is in conflict with sustainable design strategies. It’s understood that parking needs must be accommodated but adding pavement that will stand empty is not smart. Signage – Ground mounted signs – What is currently allowed under the U.D.O. is six square feet for this property. A variance is being requested to increase to the size to forty square feet, externally lit at both entrances. Wall mounted signs – Currently sixteen feet of non-illuminated wall signs would be allowed but from five hundred feet away these can’t be read. There are two proposed locations for wall signs, the first on the north tower, the third floor, south edge. These locations seemed to be the most advantageous. The second proposed location being over the main entry point, internally lit. Sharp said that it is necessary to brand this property. John Chapman, Capstone shared with the Commission a proposed construction schedule. Phase I – South Tower – August – December 2014. This tower has been held off-line in hopes of starting work. Phase II – North Tower – January – August 2015 Phase III – Central Building – August – October 2015 Public Comments John Hartman, 602 Russell Rd– Hartman had a few concerns. He said the sidewalk is narrow in that area and only one person can pass at a time. He was also concerned about maintaining the green space. He noted that University Plaza is directly across from University Village and wondered about the impact having such a disparity in facilities and the safety factor. Jeffrey Crane – Crane noted he is one of the general partners of the existing owners of University Plaza. He gave the background saying the property was developed in the mid 60’s by local residents Joe Katz, Mort Crane and Ralph Michaelson. Crane said they were looking at what would be the best choice for this property and understand that the current configuration of dorm style rooms is not what is in demand by the student population right now. Their research let them exclusively to Capstone who is similar in philosophy and background to the current ownership who will continue to participate but will take a backseat in the operations Crane noted the University Plaza has had the same ownership since it was first developed and is now into the second generation of leadership. Within the proposed plan apartment living would be created while running it in a dorm style Crane said he can’t express how important it is for this building to make this transition. They want to do what they can to ensure that this property will be a success and will be a property the City of DeKalb will be proud of. Chair Welsh asked about the joint venture. Crane replied that the existing partnership will stay but will be bringing in Capstone noting they are each making contributions and will both remain as long as the building is in existence. PC065-14 Page 6 of 9 Bonnie Jensen – Pheasant Run – Jensen said she moved onto Pheasant Run in 2000 and noted that in that time University Village has gone from quiet place to having a lot of police activity. She said that University Plaza has always remained a quiet good place to live and assumes it’s because of the supervision and is concerned about the giving up some of that supervision. Jensen also was concerned about the lack of transportation wondering how residents will be able to get to the grocery store noting without having a cafeteria there will be a definite need for transportation. She asked if they have they considered a café? Chapman answered the questions presented. – Security – While they won’t maintain the supervision that’s in place with R.A.’s on every floor, it will still be secured saying those allowed in the facility will only be residents and that the camera system will be upgraded. Regarding in unit kitchens Chapman said this will enable students to prepare the food of their choice. He noted there is a bus stop close by that students can use for transportation to the store. Hiland made remark regarding the 3.2acre of green space on east side of the property. For clarification he noted it is currently two ball fields. Hiland said the City believes in maintaining green space as well. As part of the development agreement Frieders was correct to point out we have landbanked parking areas that if a threshold of 80% of the parking is ever exceeded then the developer would be obligated to add the remaining 206 parking spaces. Hiland noted when the Planning and Zoning Commission considered a Special Use Permit for the Nehring-Ellwood House Museum campus a solution was offered for them to do a survey over the next two years verifying whether or not the parking need was met. Hiland thinks the parking lot is currently about being utilized at one third its capacity but as the Plaza becomes more popular this would likely change. He recommended keeping a log and reviewing the parking needs twice a year to determine if it reaches 80% capacity, the trigger point for building additional parking. Hiland said there are five waivers being requested. Lighting - requesting the use of 30’ poles as opposed to 15’. Hiland said he can support that as long as photometric plan shows the foot candles are within the range for residential properties. Parking – Hiland said the conditional waiver is for one parking stall per bedroom and one half space per unit. Signage – Hiland noted the property currently has residential zoning while the proposal before them is consistent with commercially zoned proper. Given the expanse of land at 11.1acres, the request is reasonable for the two ground signs and two wall mounted signs. Landscaping – Hiland said the requirement is for one landscaping strip for every four rows. Because of the access points and orientation of the landscaping strips and traffic flow the request if for one every three and five rows. Density – Hiland noted that the Comprehensive Plan calls for twelve dwelling units per acre but the proposed plan is closer to twenty nine units per acre. Chair Welsh closed the Public Hearing. Chair Welsh asked about the current parking process, is there a cost and a permit? If so, how much is it? Chapman said that currently the pass is $75 per semester and that a commuter pass is $80 per semester. He said he’s concerned about the fee and that most apartments don’t charge $75 to park and doesn’t want to see parking increase in front of residential properties with students not wanting to pay the fee. Welsh said he was also concerned about bringing ventilation to a building constructed in 1965. Also, Welsh wonders about security and not having an R.A. on each floor saying that people have come to PC065-14 Page 7 of 9 trust University Plaza. Chapman answered the concerns saying that while supervisory functions will be reduced there will be specific rules with the lease agreement to adhere to in order to be a resident which will provide a level of security. Parents will be held responsible and must sign the lease as well. Residents will be paying good money to stay in the facility. All will be expected to abide by the rules. Atherton asked if there will there be a manager in residence. Chapman answered yes as well as a management presence. Nier asked if there will be coordination with the Police Department for the resident police program. Chief Lowery said this could be a very viable option. Chair Welsh asked Chief Hicks why a sprinkler system had not been added. Hicks answered that it wasn’t required when the building was built and that it has been grandfathered in. He noted in 1994- 95 smoke detectors were added as part of the rooming house code at the time. Castro inquired about the rental cost wondering if the population drops by half if the cost would be doubling. Chapman said this would not be the case noting residents presently are paying for room and board thus the total cost will be comparable because the food/dining element goes away. Welsh asked about the population in the building over the last 10 years. Chudacoff said the number of students has gone down over the last ten years from seven hundred to four hundred in that facility and noted that the trend is to move toward single occupancy. Atherton asked if the facility is just for NIU students or would any students be able to live there. Chapman answered that it will be open to any student who meets the requirements of criminal and background checks with parental backing. Castro asked about the close circuit TV and if we have experience with this in DeKalb. Chief Lowery said there are many locations that have cameras within DeKalb and that University Plaza has had cameras for a long time. The Police Department has been allowed to access them however we cannot monitor them 24/7. Chair Welsh made comment about the signage at University Plaza and wondered if the new signage could be set back further than it is. Sharp said they would definitely want to maintain the vision triangle. Chair Welsh commented on the A.D.A. requirements and noted that the structure had not been grandfathered in and is not exempt from the requirements. Sharp said with the scope of the work the entire building has to be brought up to meet the accessibility code. Theoretically they should be making 20% of the units adaptable. On the lower floors they will be able to make 13% accessible but it is more difficult with the other floors. Sharp said discussions are being made with the State regarding the requirements but first and foremost a commitment is needed from the City in order to move forward. CONSIDERATIONS Chair Welsh asked about the twenty nine units per acre saying this is the most densely populated area in DeKalb. He said twenty nine units per acre could possibly be more than this community needs. He prefers twelve units per acre being the maximum allowed and wondered if this had been discussed and negotiated. Hiland said the current density as a licensed rooming house is 1,100 for the 11.1 acres. Conversely at twelve units per acre that would come out to 138 units in total. Hiland said if the density is kept at twelve per acre he’s not sure how that would affect this project. Possibly the PC065-14 Page 8 of 9 buildings would have to be razed. By decreasing the overall density to 322 units of which the majority are one-bedroom apartments. Hiland said this is a project the City can support. Chair Welsh asked about the greenspace to the east again and the ability to maintain it as greenspace. Frieders said it would remain greenspace because as a part of the Planned Development the plans are being approved that show the footprint of the building and parking lot. He said doing anything different with it than what is in the agreement would require the property to be rezoned. Hiland said the development agreement is part of the PUD which limits the uses allowed. He noted that the U.D.O. has a list of twenty-some items that are permitted and/or special uses which would be prohibited in this ordinance unless called out in the agreement. Atherton motioned to extend the meeting until 10:00. Crull seconded the motion and approved by voice vote. Nier motioned to accept the proposed finding of fact and recommended conditional approval of the application. Atherton seconded the motion. Roll call vote – Atherton-yes, Ruehling-yes, Crull-yes, Castro-yes, Nier-yes, Katz-yes, Chair Welsh-yes. REPORTS/ITEMS FOR NEXT MEETING None. Hiland advised the next meeting will be held on August 27th. ADJOURNMENT Atherton made a motion to adjourn the meeting. Crull seconded the motion and it was approved by voice vote. The meeting adjourned at 9:00 p.m. Brenda Hart, Recorder Administrative Assistant PC065-14 Page 9 of 9  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING August 27, 2014 The City of DeKalb Planning & Zoning Commission held a regular meeting on August 27, 2014 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chair Welsh called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: Adam Katz; Matthew Crull; David Castro; Deborah Nier; and Chairman Michael Welsh. Planning & Zoning Commission members absent: Roger Ruehling and Christina Atherton Also present: Derek Hiland, Principal Planner, Jared Heyn, Planning and Zoning Intern, and Pat Klein, Administrative Associate. APPROVAL OF AGENDA Chairman Welsh called for an approval of the agenda. Deborah Nier motioned to approve the agenda. The motion was seconded by Mr. Crull and approved by voice vote. APPROVAL OF MINUTES David Castro made a motion to accept the minutes of the July 16, 2014 meeting. The motion was seconded by Matthew Crull and approved by voice vote. CITIZEN COMMENTS None OLD BUSINESS None NEW BUSINESS Public Hearing on a proposal by the City of DeKalb for text amendments to articles 5, 7, 13, 17, and 19 of the City of DeKalb Unified Development Ordinance. Derek Hiland spoke of the changes needed to the UDO regarding solar energy, medical cannabis, and the retail sale of firearms and tobacco. Derek Hiland spoke first of Article 7, Supplemental District Regulations, page 7-9 regarding Home Occupations and the criteria permitting home based businesses in residential areas. The first amendment is prohibiting firearm retailers, firearm dealers, and other similar uses in residential areas. Mr. Hiland said he has received several calls requesting permission for home based retail sale of firearms which would currently prohibits the use but a change to the ordinance would support and clarify the prohibition. The addition of the word “other” was discussed. Derek Hiland then discussed changes to article 7.08, Antenna and Satellite Dish Regulations (Wireless Communications Ordinance). Proposed changes would amend same to eliminate the permitted co-locating antennas on existing towers in Industrial or Commercial Zones or on Publicly Owned property except City of DeKalb property. Currently, the colocation of adding antennas is not required to come before the Planning and Zoning Commission; this would require the colocation of additional antennas to come before the Commission. The next discussion was regarding page 7-12, number 3, adding color requirements of the wiring and all related facilities and appurtenances to match the communications antenna and number 4, the change of naming Plan Commission to Planning and Zoning Commission to match the existing name of the commission throughout the Unified Development Ordinance. Speaking to telecommunications equipment, Derek Hiland spoke of Page 7-13, paragraph 8. The amendment adds “Building or tower mounted antenna and related facilities and appurtenances shall be screened by an appropriate material which either: a) matches the building to which it is mounted (in the case of building-mounted structures); or. b) provides an alternate facade that screens the appearance of the facilities and provides a positive appearance/benefit to the public (e .g. an aesthetically appropriate analog clock tower)” to number 8, Landscaping and Screening. Mr. Hiland spoke of the amendment to Page 7-17 changing the term Plan Commission to the Planning and Zoning Commission in number 4. Hiland proceeded to Page 7-24 adding the section 7 .16, Solar Energy Systems (SES) Ordinance. This began at the Environmental Commission to aid sustainability. Derek Hiland introduced Bill Oleckno, Chairman of the Environmental Commission, who spoke regarding the change to the solar energy ordinance. Mr. Oleckno gave background concerning the ordinance change. Residents have had questions regarding solar panels that had no coverage in the current ordinance. The Environmental Commission approved the change in June, 2014. Mr. Oleckno stated the ordinance encourages adding solar energy with controls in place to avoid sub- standard installations. Mr. Oleckno said the ordinance will cover various different solar systems as well as vision obstructions and environmental impact. Mr. Oleckno and Chairman Welsh discussed similarities with the Wind Energy ordinance. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.2 PC064-14 Deborah Nier questioned who will be responsible for declaring a solar system abandoned. Mr. Oleckno thought it may require a complaint to the City from an individual unless City personnel observe the abandoned system. Chair Welsh stated the Commission will need to make notes and bring back their thoughts regarding this ordinance for further consideration. Mr. Oleckno asked if there was precedence regarding structure abandonment elsewhere in ordinance. Hiland spoke of accessory structures deteriorating, falling down, or becoming a nuisance and said that is covered by the City’s nuisance ordinance or Property Maintenance Code. Mr. Hiland then moved on to the addition of articles 7.17, Retail Sale of Tobacco and Related Products, 7.18, Medical Sale of Cannabis, and 7.19, Retail Sale of Firearms. Mr. Hiland said these initiatives are in response to direction by the City Council and calls inquiring about particular uses including medical cannabis, hookah bars, and the retail sale of tobacco and electronic cigarettes. Hiland said these proposed amendments are intended to establish permitted zoning districts and setbacks for these uses. Mr. Hiland brought attention to page 7-28 stating Retail Tobacco Stores shall be a special use in the following zoning districts: LC, GC, ORI, LI, HI and the various prohibited areas for sales of tobacco in the maps included in the backup. Chairman Welsh questioned if there were prior zoning ordinances concerning retail tobacco stores specifically. Hiland said no, there are presently no codes specifically dealing with retail tobacco stores. Chairman Welsh discussed the fact that several other convenience stores and fuel stations also sell tobacco and are not subject to the same zoning districts. Ms. Nier pointed out that retail tobacco stores are exclusively for the sale of tobacco and e-cigarettes, and are marketed to youth. Chairman Welsh asked if retail tobacco stores currently exist within these prohibited zones. Mr. Hiland said there are no current ordinances specifying retail tobacco stores; they were included in other similar types of uses. There was further discussion regarding the fact that other businesses sold tobacco and liquor and were not subject to these zoning districts. It was agreed to bring this matter back to the next meeting for further discussion and decisions. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.3 PC064-14 Mr. Hiland pointed out that this was in response to the City Council’s recent adoption of retail tobacco regulations and the Commission should determine where and how far away from other uses (the buffer) and in what districts or if there should be a special use permit required or not. Mr. Hiland next spoke of 7.18 Medical Cannabis. The City currently hasn’t any regulations in place. The proposed amendment is separated into two categories: cultivations centers and dispensaries. Mr. Hiland explained the Illinois State laws regarding the cultivation and dispensing of Medical Cannabis. He has received several calls regarding both cultivating and dispensing Medical Cannabis. Hiland referred the Commission to buffer and zoning maps in the backup material. The cultivation centers and dispensaries have different buffer zones. Mr. Hiland detailed the various sections of the new article, 7.18 Medical Cannabis. Mr. Castro discussed the restrictions in the zoning maps. Mr. Hiland spoke of various requests by callers for different sizes of businesses and his response to the callers. The zoning and buffer restrictions set by the Commission will adjust the restrictions shown in the maps. Ms. Nier asked if the requirements for Medical Cannabis buffer zones could be the same as for retail tobacco sales. Mr. Hiland said yes, they could be the same; the Commission may add or subtract restrictions as they see fit. Derek Hiland next spoke of Section 7.19, Retail Sale of Firearms. This was previously not specified in the UDO. This zoning text addition has similar restrictions to consider including buffer and zoning maps. Ms. Nier questioned the firing range restriction and asked if that would include a test firing range in a retail store. Mr. Hiland said this would need to be researched and brought to the City attorney. Chairman Welsh questioned the hours of operation for an indoor firing range. Mr. Castro asked if the Chief of Police would be able to provide feedback. Mr. Hiland said that yes, the Chief of Police has been consulted regarding this issue. The Commission discussion then focused on amendments to Article 5, Light Commercial District, and on UDO pages 5-27 where the changes proposed begins. Mr. Hiland said changes to 5.07.02 Permitted Land Uses and Developments, omits Cemeteries and mausoleums, Community Residences, and Libraries. Mr. Hiland said the change to 5.07.03 Special Land Uses and Developments, number 2 specifically excludes firing ranges from amusement establishments. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.4 PC064-14 Mr. Hiland said that number 19 adds Retail Tobacco Stores as a special use in light commercial zoning. Mr. Hiland explained the definition of a Community Residence as omitted in 5.07.02, Permitted Land Uses and Developments, for Chairman Welsh. Chairman Welsh questioned the omission of Libraries from permitted uses and the definition of library. Mr. Hiland suggested moving libraries to special uses; this will necessitate libraries to come before the Commission for a special use permit. Ms. Nier questioned cemeteries being allowed anywhere in ordinance. Mr. Hiland said cemeteries were allowed with special use permits. Mr. Hiland then spoke of moving Amusement Establishments to Special Lane Uses and Developments and eliminating Taxidermists from the General Commercial Zoning District and adding Retail Tobacco Stores. Derek Hiland moved on to adding Outdoor Patios to 5.09.03 Special Land Uses and Developments so that the Planning and Zoning Commission will need to hear each request for an outdoor patio. Mr. Hiland said proposed changes include adding Firearm Retailers I Firearm Dealers and Medical cannabis dispensaries to 5.09.04 Prohibited Uses. Next, Hiland mentioned the change of adding Firearm Retailers and Retail Tobacco Stores to 5.10.03 Special Land Uses and Developments to 5.10 "ORI" Office, Research, and Light Industrial District. Mr. Hiland spoke of the changes to 5.11.02, Permitted Land Uses and Developments, adding Firearm Retailers, Indoor Firing Ranges, Medical Cannabis Cultivation Centers and Dispensaries, and Retail Tobacco Stores to 5.11.03 Special Land Uses and Developments. Proposed changes to page 5-53 were discussed by Mr. Hiland. This eliminates “disassembly” from 5.12.02 Permitted Land Uses and Developments and moves it to special permits along with firearm dealers, firing ranges, recycling centers, medical cannabis cultivation centers and dispensaries, and retail tobacco stores. Mr. Hiland spoke of the request to change Plan Commission to Planning and Zoning Commission on pages 5-57, 5-60, 5-61, 5-62, 5-64, 5-65, 5-66, and 5-67 and on page 5-67 also changing Director of Planning to Community Development Director. There were no questions or discussion regarding these changes. Mr. Hiland mentioned the proposed change to page 13-9 that refers to Medical Cannabis signage. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.5 PC064-14 Mr. Hiland spoke of the proposed change to 17.01 Developments Subject to Site Plan Review and discussed that a change in the tenant, occupant, or use of the property would require a site plan review. Derek Hiland then read the additions and changes to UDO pages 17-3, 17-4, and 17-5, and discussed the same. Proposed changes will require classifying site plans as Low Intensity or High Intensity by the Community Development Director. High Intensity applications will then come before the Planning and Zoning Commission and the City Council for either a Variance, a Special Use, a Rezoning, or a Planned Unit Development designation Mr. Hiland’s discussion moved to pages 19-1 and 19-2 changing the length of abandonment time on a non-conforming use of a parcel from one year to 90 days. Chair Welsh questioned if a seasonal business should be excluded. The Commission questioned definitions of closed or abandoned. It was agreed to review all proposed changes to the UDO, continue the public hearing, and meet again in two weeks on September 10th, 2014. Mathew Crull made a motion to continue the public hearing to September 10th, 2014. The motion was seconded by Adam Katz and approved by voice vote. Mr. Crull made a motion to adjourn. The motion was seconded by Mr. Katz. The meeting was adjourned at 8:01 p.m. Pat Klein, Recorder Administrative Associate 082714 Planning and Zoning Commission Regular Meeting Minutes/p.6 PC064-14 COMMUNITY DEVLEPMENT MEMO PC067-14 DATE: October 10, 2014 TO: Planning and Zoning Commission FROM: Derek Hiland, Principal Planner RE: Regular Meeting of October 15, 2014 The meeting of October 15, 2014 would be the third discussion regarding the proposed amendments to the Unified Development Ordinance Article (UDO) Article 5 “Zoning District Regulations”, Article 7 “Supplemental District Regulations”, Article 13 “Signs”, Article 17 “Site Plan Review Requirements” and Article 19 “Non-Conforming Situations”. The proposed text amendments would add Articles 7.16 “Solar Energy Systems (SES)”, 7.17 “Retail Sale of Tobacco and Related Products”, 7.18 “Medical Cannabis” and 7.19 “Retail Sale of Firearms”. As the discussion surrounding these amendments continues the Commissioners are charged with continuing their review and are asked to bring questions or recommendations on the proposed draft language that would ultimately act to resolve inconsistencies and direct policy issues in the UDO at their next regularly scheduled meeting. Therefore this memo outlines the action items and related background information for the regular Commission meeting of October 15, 2014. 1. Continued Public Hearing on a request by the City of DeKalb to add Article 7.16 “Solar Energy Systems (SES)”. In order to address emerging issues with solar structures and technology, otherwise known as Solar Energy Systems (SES), and to address concerns raised by the City of DeKalb’s Environmental Commission members, City staff along with the Environmental Commission prepared the drafted amendments to the City’s Unified Development Ordinance. At this time it appears as though the Planning and Zoning Commission has given its final recommendation on SES however since this public hearing has continued so too can the discussion regarding Solar Energy Systems. 2. CONTINUED PUBLIC HEARING on a request by the City of DeKalb to add Articles 7.17 PC067-14 Page 1 of 2  “Retail Sale of Tobacco and Related Products”, 7.18 “Medical Cannabis” and 7.19 “Retail Sale of Firearms”. City staff are proposing these additional sections because in recent months the City of DeKalb has had several inquiries regarding firearm sales, liquid nicotine sales and regulations surrounding Medical Cannabis. Therefore these changes are offered as a follow-up initiative to these previous inquiries regarding DeKalb’s Unified Development Ordinances regulations that until this proposed language would be prohibited in the City. The code additions provide thorough direction and definitions for these commercial endeavors and protects the City with clearer requirements for business activities with management by proprietors and property owners to control “Retail Sale of Tobacco and Related Products”, “Medical Cannabis” and “Retail Sale of Firearms”. 3. CONTINUED PUBLIC HEARING on a request by the City of DeKalb to amend Article 5 “Zoning District Regulations”, Article 7 “Supplemental District Regulations”, Article 13 “Signs”, Article 17 “Site Plan Review Requirements” and Article 19 “Non-Conforming Situations” of the City of DeKalb Unified Development Ordinance to provide for consistency throughout the Ordinance and bring forward amendments that are consistent with the City Council’s vision for the community. These amendments are important to City staff because it has been found that trying to implement the current regulations has been challenging at times based on inconsistent regulations and unrealistic timeframes. The proposed amendments will clarify some inconsistencies within our Unified Development Ordinance and the applicability on real property within the City of DeKalb. The previous meeting allowed the Planning and Zoning Commission to work through a majority of the proposed text amendments leaving for consideration at this time a discussion on changes to Articles 17 and 19. If Commissioners have any questions, or need any further information, please contact the Community Development Department. PC067-14 Page 2 of 2