Planning & Zoning Commission

MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING April 13, 2016 The City of DeKalb Planning & Zoning Commission held a regular meeting on April 13, 2016 in the City Council Chamber of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Atherton called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: David Castro, Jerry Wright, Roger Ruehling and Chair Christina Atherton. Members absent: Deborah Nier, Matthew Crull and Adam Katz. Also present: Derek Hiland, Principal Planner and Natalie Nelson, Administrative Assistant. APPROVAL OF AGENDA A motion was made by R. Ruehling to approve the April 13, 2016 agenda. The motion was seconded by D. Castro and approved by voice vote. CITIZEN COMMENTS None. APPROVAL OF MINUTES A motion was made by D. Castro to approve the March 2, 2016 Special Meeting minutes, as amended. The motion was seconded by J. Wright and approved by voice vote A motion was made by J. Wright to approve the March 16, 2016 meeting minutes. The motion was seconded by D. Castro and approved by voice vote. OLD BUSINESS None. NEW BUSINESS 1. Public Hearing on two Variance Requests for 1215 Market Street by Ryan and Diane Kelly on a conversion of an accessory structure into a single family dwelling unit. A variance to UDO 5.14.07(1) to permit more than one principal building on a lot, and a variance to UDO 5.14.05(2)(c) to permit a rear yard of 9.7 feet instead of the required 30 feet. D. Hiland presented the City’s comments upon this request. He provided a history upon the property in question. The petitioners acquired the property approximately one year ago and performed substantial work on principal building, which is the original single-family house. A former owner of the property used the accessory structure in the rear of property, just off the alley, as an upholstery business. The previous owner arranged to have water, sewer, and electricity hooked up. The current owners of the property desire to convert the accessory structure into a dwelling. City Staff recommended denying the request for both variances. The author of the staff report (Robert Hupp, Consulting Planner) wrote the staff report, and D. Hiland stated that he would be able to answer any questions that arise. Since this is a concurrent review, D. Hiland reminded the commission that they would be acting as the Zoning Board of Appeals and decisions regarding the variances requested are final. He stated that if the variance requests in Item 1 are not approved by the Zoning Board of Appeals, the Special Use Permit in Item 2 cannot be approved by the Planning and Zoning Commission. Atherton asked for clarification on how to move forward if they deny the two variance requests, and whether Item 2 would be void. D. Hiland replied that the two variance requests must be approved in order to approve the Special Use Permit request. Chair Atherton asked if the commission members had any questions before opening the discussion. There were none. Diane Kelly and Ryan Kelly, both of 3434 Roseman Lane, spoke upon their intentions regarding their property at 1215 Market Street. Mr. Kelly stated that they purchased the property as an opportunity to take care of his grandparents, and in the future his mother. He stated that the sewer, toilet, sink, furnace, and water heater were already in place. The one-car garage already part of the structure would not change. A lot of improvements were made to the exterior of the principal structure, including removal of trees and updating the building exterior, which has increased the property value as well as the value of the properties around it. He stated that they did not believe that their plans for the property would have a big effect upon the neighborhood. The accessory building’s interior walls would not be changed; the only work planned is to make the building appear more presentable and repairing the roof. Ms. Kelly spoke upon the objections to the variances in the staff report and citizen responses. The building is larger than a typical garage and served by utilities, and toilet, sink, water heater, and sewer access existed prior to the RC-1 zoning designation. She responded to an objection to another rental property: this structure would not be rental, rather they would live in it, making it an owner- occupied residence. She addressed concern about parking difficulties. The property is near the end of Market Street where it is less congested. They plan to use the one-car garage and the concrete pad outside of the garage, not the alley, for parking their own vehicles, and they plan to use street parking for the principal building. She stated that the citizen’s concern about drug dealing in the alley where it is less conspicuous would not be an issue since they would be living in the building, not renting it out. She asked that the board consider the fact that all of the utilities are already present. Citizen Comments Jim Schneider of 1139 State Street recounted how he grew up in the neighborhood where there are residences on the alleyway that were once used as small shops. He stated that he and other neighbors do not support the variance, because approving this plan would be a slippery slope to approving more of them. The alley is already in poor condition due to garbage trucks and due to the slope of the lot the property in question often floods. He supports keeping the property as one- family, as it was intended. Keith Rebhorn of 1203 Market Street thanked the Planning and Zoning Commission for taking the proper steps for addressing the variance request and allowing neighbors to voice their concerns. Besides parking and crime issues, he has other concerns. He is concerned that the neighborhood, and the City, would look shabbier and experience lower property values for everyone if the variance requests were approved. He voiced concern about what would happen when the Kelly family sells the property as a two-family lot. He cited the City of DeKalb requirements that residential buildings are setback no less than the 20 feet; the proposed second home is set back only 9-1/2 feet from the alley. The lot, which is 8,400 sf, is too small to accommodate two homes, as City requires a lot for one home to be at least 6,000 sf. He stated if the variance requests were approved, only the owners of 1215 Market Street would benefit financially. The surrounding homeowners’ property values would decrease while the density in the area would increase. He recounted that there are more rental homes than owner-occupied homes in the area, which negatively affects the property values. Chairman Atherton asked for additional comments from citizens. There were none. Chairman Atherton invited the petitioners to respond. Mrs. Kelly stated that they understand the concerns of the neighbors and have responded to each concern. She said that she appreciates that the City has rules in place but also may make allowances for variances when appropriate. She thanked the commission for considering their request. Chairman Atherton made one last call for comments. There were none. She closed the citizen comments session and turned to the commission members to invite them to ask questions or provide thoughts or comments. D. Castro asked D. Hiland to provide a brief explanation of the RC-1 zoning district. It was established in 2007 and 2008 to preserve the character and “original residential use” of older DeKalb neighborhoods. Previous to RC-1 rezoning, these particular neighborhoods were either zoned two-family or multi-family residential while the land use was predominantly single-family residential. Many of the homes in these neighborhoods were converted in the 1950s and ‘60s to two-family residences either by right or through presenting permits to the City. When this zoning district was instituted, the properties were cataloged and if the buildings were currently legal, they were allowed to remain as “legal-nonconforming.” If a building(s) were torn down, sold, or vacated, the building would revert to its original single-family residential use. Prior to the RC-1 zoning, some properties with accessory structures used as dwelling units were allowed, some of which still remain today. D. Castro asked if the former upholstery business ever had someone living in the shop. D. Hiland stated that the structure is missing one requirement from the dwelling unit definition in the City’s Code; it has no kitchen area. D. Hiland also spoke on the accessory structure’s setback, which was likely sufficient, as it was not used as a principal structure. The setback requirement for the two principal structures is 30 feet, but for the accessory structure off the alleyway is 5 to 10 feet. D. Castro referred to the figures in the meeting packet regarding the percentages of properties that are single-family and two-family. He asked what the percentage of properties are zoned multi- family residential in the entire City of DeKalb. D. Hiland pointed to two multi-family zoned areas of the City: east of the lagoon in the College-John-August area and north of campus in the Greenbrier-Blackhawk-Kimberly area off of Normal Road. The character and density of these neighborhoods are very different from the area surrounding the property in question. Castro stated that zoning and structurally the area in which the Kelly family wishes to build is not similar to those. R. Ruehling pointed out that the staff report cited that only 3 of 830 parcels that are similar to the property in question, with two separate principal dwelling units on one lot, which is less than 1%. J. Wright asked if the upholstery business would have had to get appropriate zoning approved. D. Hiland stated that the business existed for decades, 40 or more years and was not sure if zoning approval was ever granted for the upholstery business. Keith Rebhorn, from the audience, stated that the accessory structure was built in the mid-1950s when the City did not have zoning regulations. He personally knew the family that built the home and the accessory building. J. Wright asked if the accessory building was built as a business. Mr. Rebhorn confirmed that Bud Smith set up and ran his upholstery business from that building starting in the ‘50s until the late ‘70s when it was mainly used for storage. J. Wright asked if anyone currently lives in the garage. Mr. Kelly stated that nobody lives in the garage structure; his grandparents presently live in the principal structure. He pointed out that in the plans, the accessory structure is not laid out with open space like a garage. There is an area that could be a kitchen, a bathroom area, and a 12x15 bedroom. The building is concrete block. Mr. Kelly confirmed that the sewer does run from the garage to the home, not to a septic tank. D. Castro stated that this was a very difficult case. He stated he could easily see himself in the same situation as Mr. and Mrs. Kelly, discovering after purchasing a property that regulations prevent changing the property in the way they propose. He asked about what mechanisms the City has in place to minimize this situation from happening in the future. He stated he did not support approving the variance requests. He stated he does support the City’s effort to contain the multi- family residential areas. R. Reuhling said he has been on the commission for many years and never had a case like this before, so there is no precedent to cite. He said he is not in favor of approving the variance requests. J. Wright stated that the residents in the neighborhood have good points. He stated that he understood that the future of the property is in question, after it is sold. He stated he does not support this variance. Chairman Atherton commended Mr. and Mrs. Kelly for presenting their plans to the City. She recounted that she has recently purchased a home in the RC-1 area and found properties with two residences, which she shied away from considering for purchase. She stated she was concerned about the difficulty to resell a property like that in the future. Chairman Atherton asked for guidance from D. Hiland on how to vote on both of the variance requests. D. Hiland responded that both variance requests could be considered and voted upon at the same time. She asked for a motion to approve or deny the variance requests. R. Ruehling motioned to approve the variance requests. D. Castro seconded the motion. A roll call vote was taken: R. Ruehling—No, D. Castro—No, J. Wright—No, and Chairman Atherton—No. Yes-0, No-4. Motion failed. 2. Public Hearing on a Special Use Permit Request for 1215 Market Street by Ryan and Diane Kelly for a Two Family Unit at 1215 Market Street, DeKalb, Illinois 60115 which would allow for the accessory structure on the parcel to be converted into a single family residence. Chair Atherton asked for comments for the public hearing. There were no comments. R. Ruehling motioned to approve the Special Use Permit request. D. Castro seconded the motion. A roll call vote was taken: D. Castro—No, R. Ruehling—No, J. Wright—No, and Chairman Atherton—No. Yes-0, No-4. Motion failed. 3. Public Hearing on a zoning amendment for 2944 Greenwood Acres Drive to authorize a modification of the campus roadway plan around the new addition to the Oak Crest Retirement Center, by amending the Planned Development Residential Zoning Ordinance, including Preliminary Plan and Final Plan approval. D. Hiland stated that Oak Crest came before the commission a few months ago to rezone part of their campus plan and approve the PUD to build an addition to the facility. The amended plan presented to the commission includes eliminating one of the private roadways and expanding the retention pond. City staff and the City’s attorney determined this was a major amendment to the PUD, which requires commission approval. Presented tonight was the revised landscaping plan, which increases the amenities that embraces the size of the pond, making the north access point to the property more attractive. The retirement center provided revised plans for landscaping, signage, and sidewalks. D. Hiland stated that City staff supports this zoning amendment. Chair Atherton opened discussion from the floor. Steve Cichy, Executive Director of Oak Crest DeKalb Area Retirement Center, stated they were surprised and disappointed to learn that the roadway modification would require additional review and approval. Mr. Cichy explained that there were two ways in which the traffic could go to enter and exit the campus. Instead of having the existing roadway divide two ponds, they made the decision to have one pond and the cars proceed from the garage to the left. This change would allow Oak Crest to maintain the area better, provide for more green space, and make the area more attractive to visitors and residents. Chair Atherton opened the discussion from the floor. Mike Larson of 633 Oakland Drive, soon to be a resident at Oak Crest, voiced support for this revised plan. Chair Atherton closed public hearing and turned to the commission for comments. D. Castro asked D. Hiland, for future reference, what triggered the need to bring this issue to the commission. Mr. Hiland explained the differences between minor amendments, which can be approved by City staff, and major amendments, which require commission action. Changing rights-of-way, access, and traffic constitutes a major amendment. D. Castro recalled that there was a resident who questioned this revised plan. D. Hiland responded that the resident, who lives near the southern end of Oak Crest, approached him before tonight’s meeting. When the resident saw on a map the proposed changes, he was relieved to learn they would not affect him. Chair Atherton requested a motion to accept the zoning amendment. J. Wright motioned to approve the zoning amendment. R. Reuhling seconded the motion. A roll call vote was taken: J. Wright—Yes, R. Ruehling—Yes, D. Castro—Yes, and Chairman Atherton—Yes. Yes-4, No-0. Motion passed. CONSIDERATIONS None. FUTURE CONSIDERATIONS None. REPORTS/ITEMS FOR NEXT MEETING 1. Consideration of requests by Greenwood Acres PUD, LLC for approval of the Final Plan / Final Plat and development plans for the subject property on a proposed multitenant development at 2023 Sycamore Road (SW corner of Greenwood Acres Drive and Sycamore Road). D. Hiland reminded the commission that Ron Breese, d/b/a Greenwood Acres PUD, LLC, presented a preliminary plan for development of the southwest corner of Greenwood Acres Drive and Sycamore Road, which the commission approved a few meetings ago. The petitioner’s engineer responded quickly to the concerns brought forth by the commission. Mr. Breese instructed his team to move forward with developing the final plan / final plat for the commission to approve prior to the City Council’s annexation hearing meeting. Chair Atherton confirmed with D. Hiland that this item would likely appear on the agenda at the April 27, 2016 meeting. ADJOURNMENT Seeing and hearing no more comments, Chair Atherton requested a motion to adjourn. A motion was made by J. Wright. The motion was seconded by D. Castro and approved by voice vote. The meeting adjourned 7:08p.m. Respectfully submitted, Natalie Nelson, Recorder Approved at May 25, 2016 Planning and Zoning Commission Meeting.