Planning & Zoning Commission

PLANNING AND ZONING COMMISSION REGULAR MEETING DEKALB MUNICIPAL BUILDING CITY COUNCIL CHAMBERS 200 SOUTH FOURTH STREET WEDNESDAY – AUGUST 12, 2015 - 6:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA (Additions or Deletions) SPECIAL ITEMS 1. Election of Vice-Chair 2. Citizen Comments (OPEN FLOOR TO ANYONE W ISHING TO SPEAK ON RECORD) APPROVAL OF MINUTES July 15, 2015 Meeting Minutes OLD BUSINESS (NONE) NEW BUSINESS 3. Public Hearing on a request to amend the zoning for property described as the DeKalb County Shopping Center located at 2383 Sycamore Road, DeKalb with a rezoning request and approval of preliminary and final plans by Rich Fidler on behalf of Chipotle Mexican Grill, in order to legally establish an outdoor patio for the restaurant. CONSIDERATIONS 4. Review of Planning and Zoning Commission policies and standing rules. FUTURE CONSIDERATIONS (NONE) REPORTS / ITEMS FOR NEXT MEETING (NONE) ADJOURNMENT Assistive services will be provided upon request PZC068-15 This memo outlines the two policy and procedural Planning and Zoning Commission items for the regular Commission meeting of August 12, 2015. Election of Officers: The election of officers generally occurs at the first meeting in July, but action was deferred to the August 12 meeting. The Planning and Zoning Commission Chair should call the meeting to order, followed by nominations and election of the Vice Chair officer. Approval of Bylaws: The Commission’s Bylaws are to be reviewed and approved annually at the last regular meeting in July. Compiled comments would be brought back for adoption at the next regular meeting, Staff have provided the current By-Laws in the background of this packet. Additionally Staff has provided Commissioners a copy of Chapter 21 of the Municipal Code describing the purpose and membership of the Planning and Zoning Commission. Please feel free to contact the Community Development Department with any questions, comments or requests for additional information. PZC070-15 BY LAWS AND ELECTION OF OFFICERS MEMO.docx  DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING July 15, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on July 15, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Michael Welsh called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: Christina Atherton, David Castro, Matthew Crull, Deborah Nier, Roger Ruehling, and Chair Michael Welsh. Adam Katz was absent from the meeting. Also present: Derek Hiland, Principal Planner, Anne Marie Gaura, City Manager, Ellen Divita, Director of Community Development, and Natalie Nelson, Administrative Assistant. Also in attendance were Bill Bohne of Jacob & Heffner Associates, Mark Goode of Venture One Real Estate, Paul Borek, Executive Director of the DeKalb County Economic Development Corporation, and Amy Deegan a citizen. APPROVAL OF AGENDA C. Atherton motioned to approve the July 15th agenda. M. Crull seconded the motion. The motion to approve the agenda was approved by voice vote. APPROVAL OF MINUTES M. Crull made a motion to approve the minutes from the May 27th meeting. C. Atherton seconded the motion. The motion to approve the minutes was approved by voice vote. CITIZEN COMMENTS None OLD BUSINESS None NEW BUSINESS Public Hearing on a request by Park 88, LLC for an amendment to an Industrial Planned Development (PD-I), including: 1. an amendment to the development agreement as they relate to property east of existing Lot 11 in the Park 88 Planned Development, between Macom, Fairview and Peace to authorize major changes (as defined in the adopted Redevelopment Agreement) that allow for the proposed construction of a new building for 3M on a new Lot 12 2. approval of a Preliminary Plat of Subdivision for Lots 12, with conditions related to the final approval, and 3. approval of a final plan and plat for proposed Lot 12 for 3M, including conditions imposed on the Preliminary Plat approval. With the creation of Lot 12 (49.71 acre), the property owner can present a buildable lot to accommodate a new 978,120 square foot building in Park 88 for use by the 3M Corporation. CONSIDERATIONS D. Hiland stated that Lot 12 is being considered, and presented, as larger than first designed in the original plan, modifying the lot lines to accommodate the 978,000 sf building proposed. The preliminary plan, final plan, preliminary plat, final plat were presented in the Staff Report. The recommendation is to consider this plan, with acknowledgement of the past plans and the changes proposed. PUBLIC COMMENT B. Bohne, the civil engineer and surveyor working on the project since 1999, spoke. The proposed new 3M building will be to the east of the current 3M buildings. This will provide a campus of three buildings making interaction between the operations easier. This plan, as proposed, will modify access from Macon Drive, which allows greater capacity for inbound trucks and continued security checkpoint and four outbound lanes. Four hundred ten (410) parking spaces for cars will built immediately to allow for ease of shift changes. All of the infrastructure was already built during past projects: drainage exists, connection to storm sewers is already present, the water main will be connected, sanitary lines are already existing in two directions. Berming is already planned on the south and north to screen parking and loading areas. Trucks will exit from Lot 11. M. Goode expressed appreciation and thanks for the City of DeKalb being easy to work with, and especially how quickly the City has responded to get these plans in process. He spoke about the history of Park 88 vision, including the 3M partnership. The design of the building is coming from 3M, built-to-suit and meant to be efficient for 3M’s long-time usage. P. Borek, Executive Director of the DeKalb County Economic Development Corporation in Sycamore, Illinois, spoke in support of the re-subdivision for Lot 12 to enhance the business climate in DeKalb. The project will generate significant new revenue to all taxing bodies in the City of DeKalb and facilitate the retention of 250 jobs by 3M. This proposed expansion will allow 3M to end leasing buildings and free up those buildings to attract other businesses. A. Deegan of 235 Salem Drive, DeKalb, spoke about 14 acres of farm land she and her sister own at Route 38 and Peace Road to express concern about how Lot 12 will affect her farm land. She had received a letter from the City stating it might. M. Goode stated that the project would not affect her land, as it is at the south end of Park 88, so neither traffic nor storm-water drainage will be issues. E. Divita indicated that the public notification of this project was much wider than required; notices were sent to properties outside the perimeter of the entire park, not just in the area surrounding the parcel in question. However, when the Commission looks at concepts for future projects, closer to her land, they may affect her land in the future. Consequently, she should keep a look out for future notices within the next three to six months. M. Welsh invited comments or concerns from the Commission members regarding Lot 12 solely. D. Castro requested of D. Hiland a brief summary of the history of Park 88 development to put this project in context and referenced this summary which was included in the Staff Report: Generally, although Park 88 was established and has been expanded to the north from its original boundaries, platting has only been completed for Lots 1-7; and Lots 10-11, with actual final plans approved and projects built on Lots 1, 6, 7, 10 and 11. A brief summary of the approval history is provided below. Ord 04-53; Passed June 28, 2004: “Authorizing the Execution of a Development Agreement with DeKalb Associates Regarding Park 88.”  Regarding agreement for property generally bounded by the CNW on the west, Fairview on the South, Peace on the east, and the north property line of the existing Target site, except that the property currently shown on the City’s zoning map as residential is excluded. Ord 04-59; Passed June 28, 2004: “Rezoning Property to PD-I Planned Development Industrial and Approval of an Accompanying Preliminary Development Plan and Plat for Park 88”  Rezoned property described in Ord 04-53 above to PD-I and approved a preliminary plan and plat subject to conditions approved by ordinance 04-53 and a list of additional conditions. Ord 04-71; Passed July 26, 2004: “Approving the Final Plat of Park 88 Unit 1.”  Final Plat for Unit 1 created Lots 1-7 and Outlots A, B, and C; west and north of Macom Drive, but not all the way to Peace.  Units 6 and 7 were combined for zoning purposes for the Target site  It is assumed that the completion of right-of-way easement for Temecula Road is to be provided when properties to the east of Target and scheduled for development Ord 04-72; passed July 26, 2004: “Approving a Final Plan for Lots 6 and 7 of Park 88 Unit 1”  Final development plans for Target Ord 07-11; January 22, 2007: “Authorizing Execution of a Development Agreement with 1211 Fairview LLC, Regarding Lot 9 of park 88 (1211 Fairview Drive)”  It is implied from the preambles that the agreement waives engineering, development and building permit fees, and requires a deceleration lane for west-bound traffic on Fairview to be constructed by developer. Ord 07-39; passed April 9, 2007: “Approving the Final Plat of Unit 2 of Park 88, and Final Plan for Lot 9 of Park 88, Located on the North Side of Fairview Drive, West of Peace Road.”  Approved final plan and plat for first 3M building Ord 07-61; passed July 16, 2007: Authorizing the Execution of an Annexation Agreement with Park 88, LLC Regarding Property Located West of Peace Road and South of Illinois State Route 38.  Annexes the “Orr” property, to the north of the existing Park 88 Ord 07-62; passed July 16, 2007  Annexed remaining properties north of Park 88 up to State Route 38.  Ord 10-40; passed June 28, 2010: Approving the Final Plat of Lot 11 of Park 88 and Final Plan for Lot 11 of Park 88, Located on the North Side of Fairview Drive, West of Peace Road.  Final Plan and Plat approval for second 3M building D. Castro asked if this development looks consistent with the current development. D. Hiland assured that the design of the new building will be similar to the existing buildings. M. Goode explained that the original building was added onto in a style mirroring it, and this would continue to be the case in this development. C. Atherton stated that there was a citizen who wrote a letter to the Commission with a concern that there was a drainage issue. The letter is from Jean Smith, 1828 Lincoln Highway. E. Divita indicated this will be investigated. B. Bonhe stated that the developer is aware of this issue, but it is in an undeveloped area of the business park, which was studied and reviewed back in 1988 by Donahue. The study identified a larger tributary area, in the southeast corner and the neighborhood to the north of Route 38. The majority of the area is currently farmed. Recommendations from the Donahue study included a storm- water retention pond to help mitigate the issue when the area becomes developed. A plan is in the works to increase the size of the current retention pond to further benefit the neighborhood downstream, once the plans to develop are in place. This will be considered and addressed as part of the modifications to the preliminary plan and development agreement, which will come back to the Commission at a separate meeting. M. Welsh stated that he remembered the Donahue study and acknowledged that the drainage issue is a topic to be addressed in the future when the plans to develop that area are addressed. B. Bohne stated that Lot 12 is in a different watershed. Water retention is already in place and upsized for Lot 12. The current Lot 12 plan has no positive or negative impact on drainage in the area. R. Ruehling voiced concern regarding the original plan to have four exits to Fairview Drive, which are already in place. He asked about the need for additional exits. M. Goode replied that they would be proposing a gated emergency-only exit for safety reasons to Fairview so that Macom is not the only exit. D. Nier voiced support for this project. R. Ruehling also voiced support of the plans. M. Welsh acknowledge that the past plans for an indoor shopping mall were originally envisioned, but that this new vision of Park 88 is better suited and more realistic to the current economic environment. M. Goode was in agreement that users’ needs are important to consider as things change over time. Having 3M, Target, and Nestle all in the same area creates an excellent corporate environment for everyone. M. Welsh stated that the access from Peace Road to Route 88 in both directions makes this area attractive. M. Welsh asked if there was additional comments to be made from the audience and/or the Commission. Hearing and seeing none, he closed the Public Hearing at 6:17 p.m. M. Crull motioned to approve the entirety of the recommendations and conditions as written in the Staff Report. He read the entirety into the public record, as requested: Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council the following: 1. Approval of a major change to the Development Agreement regulated by Ordinance 04-53 authorizing modifications to the prior approved concept plans to allow for the approval of a Preliminary Plan and Plat for Unit 4; and 2. Approval of a Preliminary Plat for that portion of Unit 4 comprising Lot 12; and 3. Approval of a Final Plan and Plat for Lot 12, including authorization for the City to issue permits for mass grading and foundation subsequent to final engineering approval by the City, but prior to final approval of building permits, landscape plans, lighting plans, and other plans necessary as determined by the City. All subject to the following conditions: 1. The applicant’s acceptance and completion of all revisions identified in Exhibit 2 of the staff report prepared for the Planning and Zoning Commission’s July 15, 2015 meeting, to be submitted, reviewed and approved by the City prior to consideration by the City Council; 2. The applicant’s acceptance of the following terms in the revised Development Agreement authorizing the major change: a. No further final plats or plans for Park 88 will be considered or approved until a future amendment to the Development Agreement is negotiated and agreed upon; b. Notwithstanding the depiction of Lot 13 on the Preliminary Plat/Plans, this action shall not constitute preliminary or other approval of Lot 13; 3. Negotiation and execution of an amendment to the Development Agreement: a) relating to any proposed future development of any portion of Park 88; b) addressing certain developmental issues within the current Park 88; and, c) providing for the orderly improvement of Lot 13 at a future point in time; and, 4. Staff approval of the various items which have not yet been completed, as outlined above (e.g. architectural, lighting, parking lot design, and landscaping plans). C. Atherton seconded the motion. A voice vote passed the motion. In favor were, C. Atherton, R. Ruehling, M. Crull, D. Castro, D. Nier, and M. Welsh. COMMISSIONER COMMENT M. Welsh asked if anyone had any future items to discuss. He stated that the discussion is focused upon Lot 12 in particular, and a later meeting will address other projects. REPORTS/ITEMS FOR NEXT MEETING The July 29, 2015 meeting will be cancelled, with no business to bring before the Commission. A Public Hearing will be held on August 12, 2015. ADJOURNMENT M. Crull motioned to adjourn the meeting. C. Atherton seconded the motion. The motion passed by voice vote. The meeting adjourned at 6:30 p.m. Respectfully submitted, Natalie Nelson, Recorder Administrative Assistant ITEM #3 - CHIPOTLE  COMMUNITY DEVELOPMENT STAFF REPORT August 6, 2015 TO: DeKalb Planning and Zoning Commission RE: Outdoor Patio for Chipotle Mexican Grill / 2383 Sycamore Road, DeKalb I. GENERAL INFORMATION A. Purpose Amend the zoning of subject property to Planned – Development Commercial “PD-C” to construct a 265 square foot outdoor patio for a Chipotle Mexican Grill on Lot 2 of Parcel 1 of the DeKalb County Shopping Center. B. Location 2383 Sycamore Road C. Access Sycamore Road D. Size 1.07 acres (total property size) E. Existing Zoning “PD-C” Planned Development Commercial, Ordinance 00-72 F. Existing Land Use Vacant Building Space G. Proposed Land Use Chipotle Mexican Grill with an outdoor patio H. Surrounding Zoning and Land Use North: PD-C – Shopping Center South: PD-C – Shopping Center East: PD-C – Restaurant/Gas Station West: PD-C – Shopping Center I. Floodplain Not in the floodplain J. Comprehensive Plan Designation Commercial II. APPLICANT'S REQUEST In 2000, the Development Agreement and associated development plans for DeKalb County Shopping Center were approved. The final approved plans illustrated the building sites, signage plans, affiliated parking and landscaping islands. Fifteen years ago an outdoor patio was never contemplated for the restaurant location. In order for an outdoor patio to be allowed as a component of the restaurant, an amendment to the plans along with an amendment to the zoning ordinance of the property is required. Previously within the Unified Development Ordinance outdoor patios were allowed by right however a few years ago, the City brought forth an amendment to the UDO that requires that outdoor patios become a Special Use or approved as a condition of a Planned Development Zoning Ordinance. Chipotle Mexican Grill wishes to open another restaurant in the City of DeKalb with an outdoor patio but the agreement and ordinance must be amended in order to allow them to occupy the vacant space with an associated patio space. Sixteen outdoor seats are requested during the warmer months with seating to be removed during the colder months of the year. The proposed amendment to allow a 265-square-foot outdoor patio would be in keeping with elements of the Shopping Center Development and other provisions of the UDO. The petitioner should be prepared to address whether or not music would be played within the patio and then whether or not there should be any restrictions on the decibel levels allowed or the hours of operation. If the Planning and Zoning Commission is inclined to recommend approval of the amendment to the development agreement and site plans that the recommendation could include restrictions on the decibel levels allowed or the hours of operation for the patio. III. CHARACTERISTICS OF SUBJECT PROPERTY AND SURROUNDING LAND USES AND ZONING CLASSIFICATIONS The 1.07 acre property is located along the west side of Sycamore Road just south of the Barber Greene Road intersection. The parcel is zoned “PD-C” Planned Development Commercial. Currently the building (7,400 sq. ft) is divided into two storefronts: the former Qdoba Mexican Grill (2,285 sq. ft) and the Verizon Retail Store. The DeKalb County Shopping Center is on the south and west side of this parcel while the Oakland Place (Target Shopping Center) and Applebee’s are located to the north of this parcel. There are single family residential uses located nearby however none of which are located within 150 yards of the proposed development and are found on the other side of the DeKalb County Shopping Center and land owned by the DeKalb Park District. IV. ANALYSIS A. Comprehensive Plan The City’s Comprehensive Plan illustrates that this area will be developed with commercial uses. The proposed use will comply with the Comprehensive Plan. PZC069-15 CHIPOTLE PATIO SR.docx Page |2 B. Overlay District The property does not lie within an overlay district. C. Proposed Zoning / Principles of Planned Developments The proposed zoning amendment would remain “PD-C” Planned Development Commercial. The existing zoning ordinance did not contemplate an outdoor patio for the subject property therefore the only option is to amend the zoning and site plan for this site. The PD-C zoning gives the City the most control over the operation and aesthetics, physical layout, and other aspects of the proposed development along with allowing the petitioner the flexibility to work with the City and the surrounding property owners to bring a development that would provide an amenity that can be found at other restaurants around the community. D. Utilities This site is well-serviced with existing utilities that have sufficient capacity for the proposed development. E. Stormwater Management No changes are anticipated. Existing Stormwater management is present. V. STANDARDS OF REZONING A. The proposed rezoning conforms to the Comprehensive Plan, or conditions have changed to warrant the need for different types of land uses in that area. The proposed rezoning complies with the vision, goals and objectives set forth in the City’s Comprehensive Plan. B. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The purpose of the Planned Development district is stated in the UDO as: “to provide a means of achieving greater flexibility in the development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the design and future operations of the development.” The zoning amendment and associated final plans for the subject property provides a location for the restaurant’s outdoor patio. PZC069-15 CHIPOTLE PATIO SR.docx Page |3 C. The proposed rezoning will not have a significant detrimental effect on the long-range development of adjacent properties or adjacent land uses. The proposed rezoning will not have a detrimental effect on the adjacent properties or land uses as it entitles the subject property to commercial uses that are appropriate for the area along a commercial corridor. The proposed use and the design and layout of the site were considered in light of the property’s proximity to an intersection along a major street and the surrounding commercial uses. The improvements or patio furniture are not permanent and if needed to cease operating in the future for some reason could be easily removed. The PD-C zoning provides the mechanism to minimize the proposed commercial development’s impacts on the area while fulfilling the City’s vision for this and other commercial properties. D. The proposed rezoning constitutes an expansion of an existing zoning district that no longer meets the demand for the intended land uses. Amending the zoning of the property will allow the developer the flexibility to meet the needs of the restaurant while the City can insure that the project is accommodating to the surrounding properties. E. Adequate public facilities and services exist or can be provided. Adequate facilities exist. VI. CITIZEN INPUT To date two responses have been received which are letters of support for the project. VII. CONCLUSIONS AND RECOMMENDATIONS Staff recommends approval of the rezoning amendment and approval of the preliminary and final plans for the outdoor patio shown on the attached plans provided in the backup. Outdoor patios would require a Special Use Permit which would consider the externalities of the patio like music, lighting, hours of operation etc. In this particular case Single family residential housing is not located within 150 yards of the proposed patio. The restaurant is located along the busiest roadway in DeKalb and is surrounded by commercial buildings. A sample motion for the Planning and Zoning Commission’s consideration can be found hereafter: Sample Motion Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council the following: PZC069-15 CHIPOTLE PATIO SR.docx Page |4  1. Approval of an amendment to the Planned Development Zoning regulated by Ordinance 00-72 authorizing modifications to the prior approved plans to allow for the approval of a Preliminary Plan and Final Plan for Lot 2 of Parcel 1 of the DeKalb County Shopping Center; and 2. Approval of a Preliminary Plan for the subject property; and 3. Approval of a Final Plan for the subject property, including authorization for an outdoor patio. Respectfully Submitted, BY: Derek M. Hiland, Principal Planner PZC069-15 CHIPOTLE PATIO SR.docx Page |5 July 10, 2015 Dear Property Owner: The DeKalb Planning and Zoning Commission will consider a proposal by Rich Fidler on behalf of Chipotle Mexican Grill, in order to legally establish an outdoor patio for the restaurant. Chipotle is proposing to occupy the vacant space previously used by another Mexican grill restaurant located at 2383 Sycamore Road, DeKalb. The rezoning request is necessary because the development was approved fifteen years ago and at that time there was not a consideration for outdoor dining facilities and this request would modify the approved plan to allow for outdoor dining to occur on the subject premises only. The DeKalb Planning and Zoning Commission will hold the public hearing and review this request at its regular meeting on or after August 12, 2015 at 6:00 p.m. The meeting will be held in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within the area of the above-mentioned property, you are encouraged to attend this meeting to learn about and/or comment on the proposal. You may submit written comments regarding the request on the enclosed comment sheet by fax to 815-748-2091, by mail to the address listed above, or by e-mail to planning@cityofdekalb.com. All comments will be shared with the Commission and included in the public record. If you have any questions about this request, please contact me in the Community Development Department at (815) 748-2364. Sincerely, Derek Hiland Principal Planner Enclosures CC: Mayor, City Council, City Manager DeKalb Planning and Zoning Commission Petitioner’s Representative PZC063-15  Citizen Response Form CHIPOTLE OUTDOOR PATIO Owners Name: _____________________________________________________________ Property Address: ___________________________________________________________ Basic Input: □ I support the proposal. □ I support the proposal in general but would like to see specifics before I decide. □ I do not support the proposal. Written Comments: PZC063-15 PZC063-15  Petition for PLANNED DEVELOPMENT (Final Plan) A. GENERAL INFORMATION 1. Project Name: Chipotle Mexican Grill 2. Legal Description and Parcel # (s) (if necessary, briefly describe here and reference the full legal description on the plat: Parcel #: 08-12-376-011. Lot 2 Description Legal Description: Final Plat of DeKalb County Shopping Center, being a subdivision of part of the South half Section 12, Township 40 North, Range 4 East of the Third Principal Meridian, as recorded April 12, 2001, in Book "2" of Plats, page 627, as document number 20001005550, in DeKalb, Illinois, as is identified on drawing. See attached exhibit "x" for full legal description. 3. Street Address or Common Location: 2383 Sycamore Road, DeKalb, IL 60115 4. Size (sq. ft. or acres): 1.07 Acres 5. Existing Zoning (check all that apply): PD-R ( ) PD-C (X) PD-I ( ) B. APPLICANT INFORMATION 1. Applicant: Chipotle Mexican Grill Phone: (303) 595-4000 Address: 1401 Wynkoop Street, Suite 500 Fax: (303) 595-4014 Denver, CO 80202 Cell: Email: rfidler@chipotle.com 2. Petitioner’s Representative: Rich Fidler Phone:(303) 595-4000 Address: 6787 McVey Blvd. Fax: Columbus, Ohio 43235 Cell: Email: rfidler@chipotle.com 3. Engineer/Architect: Michael J. Wilkus, AIA Phone: (952) 843-5059 Address: 15 Ninth Ave. North Fax: (952) 941-2755 Hopkins, Minnesota 55343 Cell: Contact: Matt Wilkus Email: mmw@wilkusarch.com 4. Surveyor (if applicable): N/A Phone: Address: Fax: Cell: Email: L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Final Plan).doc Last updated 04/28/15 Page 1 of 3 C. CHECKLIST This checklist is of items considered to be the minimum necessary to properly process your applications. Each item must be checked by the applicant to signify that it is provided on the application form or on any other attached and/or supporting documentation. Failure to submit all required information will result in delays in the City’s consideration of this application [U.D.O. 5.13.10(7)]. If not applicable please indicate Check (X) Item N/A and explain NOTE: A completed checklist from the Subdivision – Final Plat application along with required submittals must be included if this Planned Development involves any subdivision activity. ___ 1. X Filing Fee: $300.00 (no added fee if subdivision is included) X ___ 2. Twenty (20) copies of Final Plat document ___ 3. X All information required on previous Preliminary Plan submittal ___ 4. X All information required in U.D.O. Art. 17.02 “Site Plan Review Requirements” ___ 5. N/A Twenty (20) copies of Final Landscape Plan with specific location, No landscape work is being size, and species of all plant material completed. ___ 6. X One (1) copy of Statement on Maintenance, Operation, Restrictions, etc. of any common, open space, etc. ___ 7. X One (1) copy of Statement that, with the exception of minimum lot requirements, all regulations of the U.D.O. have been complied with ___ 8. N/A If applicable, a completed checklist along with required submittals from the Subdivision-Final Plat application. X 9. Digital copy of plan sets, elevations, and other supporting documents. This information must be provided on a computer disc, dvd or usb flash. D. Request for Variance: List any requested allowable Variance(s) from the “UDO,” Unified Development Ordinance requirements and the reason(s) for the request (i.e. increased building height). Also provide explanation of compensating actions (i.e. increased building setbacks) where appropriate. N/A E. The applicant hereby agrees that this application will be placed on a Plan Commission agenda only if it is complete in full. Generally, this plan request will be considered by the Commission approximately 21 days after the applicant receives written notice from the Planning & Development Division that the application is completed in full. L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Final Plan).doc Last updated 04/28/15 Page 2 of 3  CHIPOTLE MEXICAN GRILL, INC. MAIN 303.595.4000 1401 WYNKOOP STREET, SUITE 500 WEB chipotle.com DENVER, CO 80202 12 June, 2015 City of DeKalb Community Development Department Planning and Zoning Commission 200 South Fourth Street DeKalb, Illinois 60115 Dear Planning and Zoning Commission: The proposed Chipotle Mexican Grill restaurant located in DeKalb, Illinois will be a Mexican restaurant primarily serving burritos, burrito bowls, tacos and salads. As part of the restaurant concept, outdoor seating is being proposed within an existing patio slab. The patio will be washed down every night, and the furniture will either be placed inside after closing or locked together with a cable on the patio. During the non‐patio seasons, all patio furniture will be stocked at an off‐site location. Sincerely, Rich Fidler, Design Manager Chipotle Mexican Grill 1401 Wynkoop Street, Suite 500 Denver, Colorado 80202 (303) 595‐4000  REZONING PETITION TO: Mayor, City Council & City Clerk of the City of DeKalb, Illinois FROM: Petitioner(s): Chipotle Mexican Grill Telephone: (303) 595-4000 Mailing Address: 1401 Wynkoop Street, Suite 500 Cell: Denver, CO 80202 Fax: (303) 595-4014 Email: rfidler@chipotle.com Petitioner’s Representative: Rich Fidler Telephone: (614) 832-2154 Mailing Address: 6787 McVey Blvd. Cell: (614) 832-2154 Columbus, Ohio 43235 Fax: Email: rfidler@chipotle.com 1. The petitioner hereby petitions the City of DeKalb to rezone the following property: A. Legal Description and Parcel # (s): (If necessary, please attach the full legal description on a separate sheet of paper) Parcel #: 08-12-376-011. Lot 2 Description Legal Description: Final Plat of DeKalb County Shopping Center, being a subdivision of part of the South half Section 12, Township 40 North, Range 4 East of the Third Principal Meridian, as recorded April 12, 2001, in Book "2" of Plats, page 627, as document number 20001005550, in DeKalb, Illinois, as is identified on drawing. See attached legal description and plat survey for more information. B. Street Address or Common Location: 2383 Sycamore Road, DeKalb, IL 60115 C. Size (square feet or acres): 1.07 Acres D. Existing Zoning District: Planned Development - Commercial (PD-C) E. Proposed Zoning District: Planned Development - Commercial (PD-C) (Amended) F. Reason for request: On a separate sheet of paper, describe the reasons for the rezoning request and the intended types of land uses, if any, for the property. Also, indicate whether or not the proposed rezoning would a) be in conformance with the City’s Comprehensive Plan and how the proposed rezoning may b) impact adjacent existing and future land uses, c) impact adjacent property values, and d) impact the general public’s health, safety and welfare. 2. The petitioner hereby submits the following information: (X) Vicinity map of the area proposed to be rezoned, (X) List of current owner, and their mailing addresses, of all property within 250 feet (exclusive of right-of- way) of the property proposed to be rezoned, (X) All files (e.g. site plans, building elevations, legal description, reasons for request) shall be provided on a CD, DVD or flash device that will become part of the application file. (X) Petition fee ($500.00). Planning/Forms & Documents/Petitions/Rezoning Petition  Petition for PLANNED DEVELOPMENT (Preliminary Plan) A. APPLICANT INFORMATION 1. Applicant: Chipotle Mexican Grill Phone: (303) 595-4000 Address: 1401 Wynkoop Street, Suite 500 Fax: (303) 595-4014 Denver, CO 80202 Cell: Email: rfidler@chipotle.com 2. Petitioner's Representative: Rich Fidler Phone: (303) 595-4000 Address: 6787 McVey Blvd. Fax: Columbus, Ohio 43235 Cell: Email: rfidler@chipotle.com 3. Engineer/Architect: Michael J. Wilkus, AIA Phone: (952) 843-5059 Address: 15 Ninth Ave. North Fax: (952) 941-2755 Hopkins, Minnesota 55343 Cell: Contact: Matt Wilkus Email: mmw@wilkusarch.com 4. Surveyor (if applicable): N/A Phone: Address: Fax: Cell: Email: B. GENERAL INFORMATION 1. Project Name: Chipotle Mexican Grill 2. Legal Description and Parcel # (s): (If necessary, briefly describe here and reference the full legal description on the Plat) Parcel #: 08-12-376-011. Lot 2 Description Legal Description: Final Plat of DeKalb County Shopping Center, being a subdivision of part of the South half Section 12, Township 40 North, Range 4 East of the Third Principal Meridian, as recorded April 12, 2001, in Book "2" of Plats, page 627, as document number 20001005550, in DeKalb, Illinois, as is identified on drawing. See attached legal description and plat survey for more information. 3. Street Address or Common Location: 2383 Sycamore Road, DeKalb, IL 60115 4. Size (sq. ft. or acres): 1.07 Acres 5. Existing Zoning: Planned Development - Commercial (PD-C) 6. Proposed Zoning District (check all that apply): PD-R ( ) PD-C (X) PD-I ( ) C. PRE-APPLICATION CONFERENCE A pre-application conference with City Staff is required prior to the acceptance of this application [U.D.O. 5.13.10(1)]. 1. Date of pre-application conference: TBD 2. Those in attendance: TBD L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Preliminary Plan).doc Last updated 4/25/15 Page 1 of 4 D. CHECKLIST This checklist is of items considered to be the minimum necessary to properly process your applications. Each item must be checked by the applicant to signify that it is provided on this application form or on any other attached and/or supporting documentation. Failure to submit all required information will result in delays in the City's consideration of this application [U.D.O. 5.13.10(4)]. If not applicable please indicate Check (X) Item N/A and explain NOTE: A completed checklist from the Subdivision -- Preliminary Plat application along with required submittals must be included if this Planned Development involves any subdivision activity. X ____ 1. Filing Fee: $500.00 (no added fee if subdivision is included) X ____ 2. Twenty (20) copies of Preliminary Plan document X ____ 3. Vicinity Map of the area proposed to be rezoned X ____ 4. List of current owners, and their mailing addresses, of all property within 250 feet (exclusive of right-of-way) of the property proposed to be rezoned X 5. Project report that explains the characteristics, operation, construction schedule, etc. of the proposed development 6. General Information X a. Project Name X b. Key Maps, North Arrow, Scale, Date X c. Gross Acreage of tract to be rezoned (to 0.1 ac) X d. Net Acreage of tract to be rezoned (i.e. gross acreage less acreage devoted to public rights- of-way and/or private streets), including a listing of land area designated for each use N/A e. Number of proposed dwelling units compared to the maximum number of dwelling units This is a non-residential allowed per the original zoning district project 7. Proposed Buildings, Structures, and Parking Areas X a. Location, gross floor area of, and distance between all buildings and structures This is a non-residential N/A b. Floor area devoted to each non-residential use project X c. Percentage of property covered by buildings and structures N/A d. Typical building elevations drawn with sufficient scale and detail to illustrate No exterior building work building mass and architectural features is being completed. N/A e. Location and details of all retaining walls, fences, and earth berms L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Preliminary Plan).doc Last updated 4/25/15 Page 2 of 4  If not applicable please indicate Check (X) Item N/A and explain X f. Location of all refuse collection facilities including screening to be provided X g. Number of off-street parking spaces proposed and the number required ____ X h. Percentage of the property covered by parking areas, streets and roads, sidewalks, and all other impervious surfaces 8. Open Space, Common Areas Landscaping N/A a. Location and general use of common ground, including recreational areas, plazas, pedestrian No landscape work is ways and major landscaped and buffer areas being completed. N/A b. Landscaping information including location, number, and approximate size of all plant No landscape work is material by general category (i.e. deciduous/ being completed. coniferous trees, ornamental trees, shrub masses, and ground cover) ____ X c. Tree survey (if applicable) d. Percentage of the property covered by pervious surfaces with individual percentages for usable open space areas and areas to be devoted to water retention/detention, floodplain and/or natural areas No parking or traffic areas ____ N/A 9. Traffic Survey (if required) are being modified No building construction is ____ N/A 10. Likely construction phases of development being completed. X 11. If applicable, a completed checklist along with required submittals from the Subdivision - Preliminary Plat application X 12. One digital copy of all materials submitted on a cd, dvd or usb disc drive E. Request for Variance: List any requested allowable Variance(s) from the “UDO,” Unified Development Ordinance requirements and the reason(s) for the request (i.e. increased building height). Also provide explanation of compensating actions (i.e. increased building set backs) where appropriate. N/A F. The applicant hereby agrees that this application will be placed on a Plan Commission agenda only if it is completed in full. Generally, this plan request will be considered by the Commission approximately 45 days after the applicant receives written notice from the Planning & Development Division that the application is completed in full. G. The applicant hereby agrees to permit City Staff access to the subject property for purposes of posting a temporary public notice sign. L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Preliminary Plan).doc Last updated 4/25/15 Page 3 of 4 ACREAGE TO BE REZONED GROSS: 1.07 ACRES NET: 0.94 ACRES SIZE AND AREA GROSS FLOOR AREA: 7,412 SQUARE FEET CHIPOTLE FLOOR AREA: 2,285 SQUARE FEET PATIO AREA: 265 SQUARE FEET PERCENTAGE OF SITE COVERED BY STRUCTURE: 14.9% PERCENTAGE OF SITE COVERED BY IMPERVIOUS SURFACES: 75.1% PERCENTAGE OF SITE COVERED BY PERVIOUS SURFACES: 10% PARKING SPACES: 71 . EXISTING MONUMENT SIGN N E RD ER ‐GREE BARB PROPERTY LINE VERIZON WIRELESS CHIPOTLE EXISTING TRASH ENCLOSURE MEXICAN GRILL RD. SYCAMORE PROPOSED PATIO 1 B FAX PARKING EXISTING MONUMENT SIGN N 1 SITE PLAN A 1" = 40'‐0" Chipotle Mexican Grill EXHIBIT A DeKalb Barber-Greene 2383 Sycamore Rd. PRELIMINARY PLAN DOCUMENT DeKalb, Illinois 60115 SITE PLAN 23 June, 2015  SIZE AND AREA PATIO AREA: 265 SQUARE FEET PATIO SEAT COUNT: 16 SEATS N 1 PATIO PLAN B 1/4" = 1'‐0" EXHIBIT B Chipotle Mexican Grill DeKalb Barber-Greene 2383 Sycamore Rd. DeKalb, Illinois 60115 15 JUNE, 2015  DRAWING NOT TO SCALE EXHIBIT C Chipotle Mexican Grill N DeKalb Barber-Greene 2383 Sycamore Rd. DeKalb, Illinois 60115 15 JUNE, 2015 ITEM #4 - PLANNING AND ZONING COMMISSION POLICIES AND PROCEDURES  BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSION ARTICLE I GOALS AND OBJECTIVES 1.1 GOALS AND OBJECTIVES. The goals and objectives of City of DeKalb Plan Commission are set forth in Chapter 21 of the Municipal Code for the City of DeKalb under the authority of Chapter 65, Article 11, Divisions 12 and 13 of the Illinois Compiled Statutes. ARTICLE II OFFICERS AND DUTIES 2.1 OFFICERS AND DUTIES. The Officers shall be a Chairperson appointed by the Mayor and a Vice-Chairperson to be selected from members of the Plan Commission by Plan Commission members. 2.2 SELECTION AND TENURE. The Vice-Chairperson shall be chosen at the first regular meeting in the month of July. The term of office shall be for two (2) years commencing from the time of election or until successor is selected and assumes office. The Vice-Chairman shall be eligible for re- election. 2.3 DUTIES. The Chairperson shall preside at all meetings and supervise the affairs of the Plan Commission with the professional direction and assistance of the Community Development Department. The Chairperson shall appoint such sub-committees as may be necessary to carry out the goals and objectives of the Commission. The Chairperson shall also be an ex-officio member of all committees so appointed. The Vice-Chairperson shall act in the capacity of the Chairperson in his absence or disability. In the event the Chairperson should become vacant the Vice-Chairperson shall serve as Acting Chairperson until a new Chairperson is appointed by the Mayor. The Vice Chairperson shall return to the position of Vice-Chairperson upon appointment of a new Chairperson, unless the Vice-Chairperson is appointed as Chairperson, in which case the Commission shall elect a new Vice-Chairperson at the earliest regular Plan Commission meeting. 2.4 SECRETARY. The position of Secretary of the Plan Commission shall be staffed by the Community Development Department Secretary. The Secretary shall have the responsibility to assure the recording and maintenance of the permanent minutes of the Commission. Copies of minutes shall be distributed to Commission members as a portion of the back-up materials prior to the next regularly scheduled meeting of the Plan Commission. Minutes shall also be forwarded to the City Manager, Community Development Director, the Mayor, all City Council Members, and Department Heads. In addition to minutes, the Secretary shall perform other such duties as the Commission may determine. PC091-07 approved.doc Page 1 of 6 Amended 7/7/05 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSION, CONTINUED In the absence of the Secretary, the Chairperson shall appoint a Secretary Pro-tem to perform Plan Commission duties. 2.5 OFFICIAL DOCUMENTS. The official minutes of the Plan Commission along with its recommendations shall be permanent records to be kept in the office of the Community Development Department. Any verbatim transcript of recording of the Commission's meetings which are supplemental to the official minutes shall be kept in the office of the Community Development Director for a period of seven (7) years and then may be disposed of by the Community Development Director. All petitions (or applications) for action by the Plan Commission or changes in the text of the Zoning Ordinance shall be kept by the City Clerk. The Community Development Department shall maintain copies of these petitions and applications together with letters and other file materials for a period of seven (7) years and then may be disposed of by the Community Development Director according to the procedures of the Local Records Commission of the State of Illinois. ARTICLE III MEETINGS 3.1 REGULAR MEETINGS. Regular Meetings shall be held on the Wednesdays following the Second and Fourth Mondays of each month at 7:00 P.M. in the City Council Chambers, 200 S. Fourth Street, DeKalb, Illinois, 60115. In the case of the meeting date falling on a recognized holiday, the Regular Meeting shall be held on the following Wednesday. Regular Meetings of the Plan Commission shall end by the hour of 10:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Regular Meeting. 3.2 SPECIAL MEETINGS. Special Meetings may be called by the Chairman or by any four (4) members of the Plan Commission. Notice of Special Meetings shall be given by the Secretary to the Members of the Commission at least forty-eight (48) hours prior to such meeting and shall state the purpose and time of the meeting. Special Meetings of the Plan Commission shall end by the hour of 10:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Special Meeting. 3.3 PUBLIC INVITATION. The Plan Commission is a public body appointed by the Mayor and approved by the City Council. All regular and special meetings and hearings shall be open to the public and all records, accounts and minutes of meetings shall be a matter of public record. 3.4 QUORUM. Four (4) members shall constitute a quorum for any regular or special meeting for the transaction of business and the taking of official action. Whenever a quorum is not present at a regular or special meeting, those present may adjourn the meeting to another day or hold the meetings for the purpose of considering such PC091-07 approved.doc Page 2 of 6 Last Amended 8/15/07 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSION, CONTINUED matters as are on the agenda. No action taken shall be taken at such a meeting. 3.5 ORDER OF BUSINESS - AGENDA. The Community Development Department shall prepare an agenda for each meeting and the Order of Business therein shall be as follows: a. Call to Order b. Roll Call c. Approval of Agenda Additions - Deletions d. Minutes of Previous Meeting(s) e. Old Business f. New Business g. Considerations h. Reports i. Adjournment Agenda items shall be classified as follows: OLD BUSINESS: Shall be any unfinished business which may be carried over from any previous Regular or Special Commission Meeting and requires a motion to approve, approve in part, amend or take other formal action on any matter before the Plan Commission. NEW BUSINESS: Shall be any business which requires the Plan Commission to hold public hearings, or requires action by the Plan Commission to entertain a motion to approve, approve in part, amend or take other formal action on any matter before the Plan Commission. CONSIDERATIONS: Shall be business which requires the attention of Plan Commission, but are items which do not necessarily require any formal action by the Commission. Typically, items for consideration require a consensus opinion as to how the Commissioners feel generally about a specific proposal. REPORTS: Report items shall be items which Staff feels should be brought to the attention of the Commission. However, the Commissioners may also report to Staff on items which the feel require further research and investigation or may be of general interest to the Staff. Parliamentary procedure in Plan Commission meetings shall be governed by Roberts Rules of Order except where these rules and regulations otherwise provide. 3.6 MOTIONS. Motions shall be restated by the Chair prior to a vote being taken. The names of the motion maker as well as the second shall be recorded. Additionally, the Chair shall have the right to make or second motions. 3.7 VOTING. All members shall have equal voting rights, and shall vote either yes or no on each matter to come before them, unless they disqualify themselves because of a conflict of interest when a matter comes before the Commission and abstain from the discussion and voting. PC091-07 approved.doc Page 3 of 6 Last Amended 8/15/07 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSION, CONTINUED Members shall disclose all direct personal financial interest in any proposal, project or development before the Commission and indicate any personal financial benefit that could result from a decision made by the commission. When concerned that there is a potential appearance of a conflict of interest or a public perception of conflict of interest the Commissioner should recuse him/herself from the particular proposal. When in doubt, the Commissioner may seek advice, for example, from the City Attorney, Planning Staff, other Commission members, or others to determine if a conflict or public perception of conflict might exist. Unless otherwise noted, voting shall be by roll call and shall be recorded by “yes” or “no.” The following actions may be approved by a majority of Commissioners present by voice vote, unless otherwise requested by a Commissioner: Approval of Agenda Additions – Deletions, Minutes of Previous Meeting(s), and Adjournment. The Chair may entertain a motion to approve, approve in part, amend or take other action on any matter before the Plan Commission. An affirmative vote of at least four (4) members of the Commission shall be required to pass any motion except that a majority of those voting shall be sufficient to approve a motion to adjourn. Any vote which does not receive affirmation by at least four (4) members of the Commission shall be considered to be denied. ARTICLE IV PROCEDURES 4.1 GENERAL PROCEDURES. General procedures to be followed at all Plan Commission Meetings are those described in attached Exhibit "A". 4.2 PUBLIC HEARINGS. A Public Hearing will be held or a matter will be taken up for consideration, by the Plan Commission provided that: a. No application for a recommendation or other action by the Plan Commission shall be considered until all information required by applicable laws or ordinances has been submitted. No item shall be placed on the agenda of the Plan Commission unless all information has been submitted not less than eighteen (18) days prior to the hearing. Where a longer period of time may be required for compliance with law or ordinance the item shall not be placed on the agenda unless compliance with applicable laws or ordinances can be obtained. b. Where action is mandated by law or ordinance to be taken by a certain date and all information has not been submitted, it shall be the policy of the Plan Commission to deny or recommend denial of an application or petition on grounds that the requirements of applicable laws or ordinance have not been met. c. Following initial consideration of an item of business, at the discretion of the Plan Commission, additional information pertinent to that business may be requested and considered prior to a decision on it. PC091-07 approved.doc Page 4 of 6 Last Amended 8/15/07 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSION, CONTINUED d. Any motion to approve, approve in part, amend or take other action on certain petitions requiring a public hearing (i.e., rezoning or special use permits) shall include, as part of the motion, a "Findings of Fact" statement prepared and formatted as provided by law. e. For all recommendations or actions to be taken by the Plan Commission after January 1, 1976, involving lands outside the corporate limits of the City of DeKalb, no action shall be taken until thirty (30) days after a copy of the petition for such action has been filed pursuant to 70 ILCS 405/22.02a. PC091-07 approved.doc Page 5 of 6 Last Amended 8/15/07 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSION, CONTINUED ARTICLE V MATTERS TO BE CONSIDERED 5.0 MATTERS TO BE CONSIDERED BY THE PLAN COMMISSION. The Commission shall consider and make recommendation on the following matters. The Commission's action on these matters is advisory only, with all recommendations to be considered for formal action by the City Council. a. Petitions and Staff proposals for changes in the zoning ordinance. Action to be taken on Petitions and Staff proposals are to be done in accordance with Section IV of these By-Laws. b. Petitions on rezoning and special use permits. Action to be taken on Petitions on Rezoning and Special Use Permits are to be done in accordance with Section IV of these By-Laws. c. Approval of preliminary and final subdivision plats. d Recommend land suitable for annexation and to recommend zoning classification of such land upon annexation. e. Approval of all plans prior to publication and general circulation including but not limited to the Comprehensive Plan for the City. f. Recommendations to the City Council on street and alley vacations in accordance with Section IV of these By-Laws. g. Other such matters which may be advisable or essential to receive Plan Commission consideration. ARTICLE VI AMENDMENTS 6.0 AMENDMENTS. These rules and regulations of organization and procedures may be amended at any regular or special meeting at which a majority of the Plan Commission are present and consent thereto. These rules shall be reviewed and re-adopted annually, with or without amendment at the last regular meeting in July. Passed as amended by the Plan Commission of the City of DeKalb at its Regular Meeting held on the 15 day of August , 2007. ________________________________________________ John Guio, Chairman City of DeKalb Plan Commission PC091-07 approved.doc Page 6 of 6 Last Amended 8/15/07  Municipal Code - City of DeKalb Chapter 21, “Combined Planning and Zoning Commission” Chapter 21 COMBINED PLANNING AND ZONING COMMISSION Latest Revision: 1-10-11 (11-01) Sections: 21.01 COMBINED PLANING AND ZONING COMMISSION. 21.02 POWERS AND DUTIES. 21.03 LAND SUBDIVISION OR RESUBDIVISION AND THE OFFICIAL MAP. 21.04 IMPROVEMENTS. 21.05 APPEALS AND VARIENCES. 21.06 COMMISSION EXPENDITURES. 21.01 COMBINED PLANING AND ZONING COMMISSION. (11-01) a) Creation. There is hereby created a Combined Planning and Zoning Commission to be known as the City of DeKalb Planning and Zoning Commission whose purpose it shall be to prepare a Comprehensive Plan for the guidance, development or redevelopment of the City of DeKalb and contiguous territory not more than one and one-half miles beyond the corporate limits and not included within any other municipality and to take action on certain appeals and variances, as provided for in Chapter 23, “Unified Development Ordinance,” of this Municipal Code. (11-01) b) Membership. The Planning and Zoning Commission shall consist of seven (7) members appointed by the Mayor, on the basis of their particular fitness for their duty on said Commission, and subject to the approval of the City Council. Members of the Planning and Zoning Commission shall reside within the municipality or within the territory contiguous to the municipality and not more than one and one-half miles beyond the corporate limits and not included within any other municipality. No more than one member at any particular time shall reside outside the corporate boundaries. The chairman shall be appointed by the Mayor with the advice and consent of the City Council for a term of two (2) years. (05-38, 06-41, 11-01) c) Terms of Office. The terms of office for a member of the Planning and Zoning Commission shall be five (5) years with at least one (1), but not more than two (2) member’s term expiring June 30 each year of a five (5) year consecutive period. No members shall serve for more than ten (10) consecutive years except when a vacancy has been created by the resignation or death of an appointed member of the Planning and Zoning Commission. In the event of the death or resignation of a duly appointed commissioner, an appointment of a new member shall be made. If the remainder of the unexpired term is two (2) years or less, the newly appointed commissioner shall be entitled to two (2) full consecutive five (5) year terms. Should the reminder of the unexpired term exceed two (2) years, then the remainder of the unexpired term, shall be considered as part of the first term of the newly appointed commissioner. No commissioner shall be allowed to serve more than twelve (12) consecutive years regardless of the circumstances of appointment. (88-92, 99-14, 06-41, 11-01) d) Code of Ethics. Planning and Zoning Commission members shall abide by a code of ethics as follows: (03-18, 11-01) 1. Members shall exercise impartial and independent judgment in their roles as advisors to the City Chapter 21 - 1  Municipal Code - City of DeKalb Chapter 21, “Combined Planning and Zoning Commission” Council. 2. Members shall be adequately prepared to render thorough and diligent service and to fairly apply facts and information to the decision at hand. 3. Members shall disclose all direct personal financial interest in any proposal, project or development before the Commission and indicate any personal financial benefit that could result from a decision made by the commission. When concerned that there is a potential appearance of a conflict of interest or a public perception of conflict of interest the Commissioner should recuse him/herself from the particular proposal. When in doubt, the Commissioner may seek advice, for example, from the City Attorney, Planning Staff, other Commission members, or others to determine if a conflict or public perception of conflict might exist. 4. Members shall not seek nor accept gifts or favors under circumstances in which it could be reasonably inferred that the gifts or favors could influence the Commissioner’s decisions or actions. 5. Members shall not use confidential information acquired in the course of their duties to further a personal financial interest and that any information available under the “FOIA,” Freedom of Information Act shall not be viewed as confidential. 6. Members shall refrain from deliberating and voting on any petition for annexation, rezoning, variance, special use permit, appeal of a zoning decision or subdivision plan in which the Commissioner has in the last 365 days participated in a personal capacity as an advisor, director, board member or paid advocate. This restriction shall not apply to a Commissioner’s participation in a City-sponsored Board or Committee charged with advising the Commission or City Council on a particular matter. (07-49, 11-01) 7. Members shall avoid discussions with parties having financial interest or their representatives regarding a specific request for an annexation, rezoning, variance, special use permit or subdivision approval that is either before the Commission, or is intended to be presented to the Commission, unless said discussions occur in a public meeting. This shall not apply to discussion with City Staff members. (07-49) 8. Members shall not make any statements of position (outside of Planning and Zoning Commission meetings) on matters before the Commission until after the item(s) has been presented to the Commission and a Commission recommendation has been made on the item. (07-49) e) Removal. Planning and Zoning Commission members may be removed from appointed office under the provisions of 65 ILCS 5/3.1-35-10. (03-18, 11-01) 21.02 POWERS AND DUTIES. The Planning and Zoning Commission shall have the following powers and duties: a) To prepare and recommend to the Council a comprehensive plan for the present and future development or redevelopment of the City of DeKalb and contiguous unincorporated territory not more than one and one-half miles beyond the corporate limits of the City and not included in any other municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted shall be the official comprehensive plan or part thereof, of the City of DeKalb. Such plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the Council. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds and filing of the plan and ordinances with the City Clerk shall be complied with as provided for by law. Chapter 21 - 2  Municipal Code - City of DeKalb Chapter 21, “Combined Planning and Zoning Commission” To provide for the health, safety comfort and convenience of the inhabitants of the City of DeKalb and contiguous territory such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvement as herein defined and shall establish reasonable requirements governing the located, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance. b) To designate land suitable for annexation to the City and the recommended zoning classification for such land upon annexation. c) To recommend to the Council from time to time, such changes in the Comprehensive Plan or any part thereof, as may be deemed necessary. d) To prepare and recommend to the Council, from time to time, plans and/or recommendations for specific improvements to improve the official Comprehensive Plan. e) To give aid to the officials of the City charged with the direction of projects for improvement embraced within the official plan, or parts thereof; to further the making of such improvement and generally to promote the realization of the official Comprehensive Plan. f) To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding. g) To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area. h) To take action on certain appeals and variances, as provided for in Chapter 23, “Unified Development Ordinance,” of this Municipal Code. (11-01) i) To exercise such other powers germane to the powers granted under authority of the Illinois Municipal Code as may be conferred by the Council. 21.03 LAND SUBDIVISION OR RESUBDIVISION AND THE OFFICIAL MAP. At any time or times, before or after the formal adoption of the official Comprehensive Plan by the Council, an official map may be designated by ordinance, which may consist of the whole area included within the official comprehensive plan, or one or more separate geographic or functional parts and may include all or any part of the contiguous or unincorporated area within one and one-half miles from the corporate limits of the City of DeKalb. All requirement for public hearing, filing of notice of adoption with the County Recorder of Deeds and filing of the plan and ordinances, including the official map, with the City Clerk shall be complied with as provided for by law. No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the City of DeKalb or within contiguous territory which is not more than one and one-half miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown thereon provides for standards of design and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to be used for residential purposes, storm and flood water runoff channels and basins, water supply and distribution, sanitary sewers, and sewage collection and treatment, in conformity with the applicable requirements of the ordinances, including the official map. Chapter 21 - 3  Municipal Code - City of DeKalb Chapter 21, “Combined Planning and Zoning Commission” 21.04 IMPROVEMENTS. The City Clerk shall furnish the Planning and Zoning Commission, for its consideration, a copy of all ordinances, plans and data relative to public improvement of any nature. The Planning and Zoning Commission may report, in relation thereto, if it deems a report necessary or advisable, for the consideration of the City Council. (11-01) 21.05 APPEALS AND VARIANCES. The Planning and Zoning Commission shall hear certain appeals and variances in accordance with the procedures set forth in Chapter 23, “Unified Development Ordinance,” Article 18, “Appeals and Variances.” No decision of the Commission on appeals and/or variances shall be subject to review, reversal or modification by the City Council, but shall be subject to judicial review, pursuant to the provisions of the Illinois Code of Civil Procedure concerning Administrative Review Law. (11-01) 21.06 COMMISSION EXPENDITURES. The City Manager, or his designee, shall appoint such staff to provide support and secretarial services to the Commission as may be necessary from time to time. (11-01) If the Plan Commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the Council and appropriations by the Council therefor. Chapter 21 - 4