Planning & Zoning Commission

AGENDA Planning and Zoning Commission November 30, 2016 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. CITIZEN COMMENTS (OPEN FLOOR TO ANYONE WISHING TO SPEAK ON RECORD) D. APPROVAL OF MINUTES 1. NOVEMBER 16, 2016 MEETING E. OLD BUSINESS F. NEW BUSINESS 1. Public Hearing (continued from November 16, 2016 meeting), on requests by Pearl Street Commercial represented by Steven Schwartz for a proposed Lincoln-Peace Planned Development resubdivision which requires a zoning map amendment to PD-C Planned Development Commercial zoning and approval of preliminary plats/plans for the subject property located at 2111-2131 E. Lincoln Highway, DeKalb. G. CONSIDERATIONS H. FUTURE CONSIDERATIONS I. REPORTS / ITEMS FOR NEXT MEETING J. ADJOURNMENT PZC083-16  DRAFTED MINUTES CITY OF DEKALB Planning and Zoning Commission November 16, 2016 6:00 PM The Planning and Zoning Commission held a regular meeting on November 16, 2016 at City of DeKalb Municipal Building, 200 South Fourth Street in the Council Chambers. Chair Christina Atherton called the meeting to order at 6:00 PM. A. ROLL CALL Derek Hiland called the roll. Members of the Planning and Zoning Commission present at roll call: Chair Christina Atherton, David Castro, Matthew Crull, Deborah Nier, and Jerry Wright. Also present from the City of DeKalb were: Community Development Director Jo Ellen Charlton, Long Range Planner Derek Hiland, and Administrative Assistant Natalie Nelson. B. APPROVAL OF AGENDA (Additions or Deletions) Chair Atherton requested a motion to approve the agenda for November 16, 2016. M. Crull motioned to approve the agenda, J. Wright seconded the motion, and the motion was approved by voice vote. C. CITIZEN COMMENTS (Open Floor to Anyone Wishing to Speak on Record) None. D. APPROVAL OF MINUTES Chair Atherton requested a motion to approve the minutes for October 12, 2016. D. Castro requested a revision to the date in the first paragraph. J. Wright motioned to approve the minutes as amended, D. Castro seconded the motion, and the motion was approved by voice vote. E. OLD BUSINESS None.  Planning and Zoning Commission November 16, 2016 Page 3 of 5 Director Charlton confirmed that notices of the proposal were sent to property owners within 250 feet of the church, with an invitation to comment on the project, and no responses opposing the proposal were received. Bob Snow clarified that while available street parking for the church has been reduced, the church currently has enough parking to accommodate the parishioners. The issue is that most available parking is farther from the entrance, notably in the lot on the south side of the library and the church’s parking lot at the northwest corner of Fourth and Pine Streets. Gerald Sanderson, resident of 7068 Rich Road and member of First Lutheran Church, reported that the wind current around northwest side church has changed as a result of the library addition, causing snow to build up around the church entrance. The proposed canopy will provide shelter from the elements to the entrance and to senior citizens’ who exit their cars beneath it. William Sanders, resident of 1631 Schifly Lane and member and property chairman of First Lutheran Church, reported that the proposed canopy will help parishioners who exit cars and use walkers to safely enter the building. J. Charlton pointed out to the Commission that the drawing of the proposed canopy that was displayed on the screen was narrower than the proposed 32 feet width. She asked the petitioner if 32 feet will be sufficient, as the Commission’s recommendation will state the allowable width. Architect Don Whitmore responded that a standard parking space is 20 feet, so the proposed canopy’s width will provide 6 feet at the front and 6 feet at the back of a parked car. At 6:18 PM, Chair Atherton closed public hearing and asked the Commissioners for comments. M. Crull suggested to the petitioner consider a future additional removable canopy to cover the area near the edge of the nearby handicapped parking. Chair Atherton asked if the Commissioners accepted the findings of fact as presented in the staff memo and approved of the variation and the special use requests. M. Crull motioned to approve the variation as follows: Based on the submitted petition and testimony presented and the findings of fact by the City, he moved that the Planning and Zoning Commission approve a variation to reduce the required setback in the west yard of the Subject Property located at 324 N. 3rd Street from 25’ to 0’ for a distance not to exceed 32’ to accommodate a canopy structure over an existing driveway subject to the following conditions: 1. Final design is subject to the review and approval of the Community Development Director to determine substantial compliance with the “Concept Planning and Zoning Commission November 16, 2016 Page 2 of 5 F. NEW BUSINESS 1. Public Hearing on requests by David Olsen representing First Lutheran Church, 324 North Third Street, for approval of a special use permit for an existing church and a variation request to reduce a front yard setback from twenty-five feet (25’) to zero feet (0’) along Third Street for a distance of approximately 32’ to accommodate an the addition of an attached canopy over the Third Street building entrance. Planner Hiland reminded the Commission that this case requires them to act as both the Planning and Zoning Commission and the Zoning Board of Appeals. He advised them to consider first the variance request, for which the Zoning Board of Appeals makes the final determination, and second the special use request, which will result in a recommendation to City Council. At 6:02 PM, Chair Atherton opened the Public Hearing. D. Hiland provided an overview of the history of the church building, which predates the City’s zoning ordinance, and the two-part proposal brought before the Commission. The Commission considered the request for a variance to allow a 25 feet by 32 feet canopy to be built on the west side of the building so that parishioners may exit their cars and enter the building while protected from the elements. On the large monitor, photos and drawings were displayed of the current building and the proposed canopy, which will be slightly wider than it was drawn. The design of the canopy complements the design of the building and will include support pillars, which will be placed at the property line. No other part of the church building may be expanded or placed at the property line in the future. If a disagreement arises regarding the Zoning Board of Appeals’ decision, the appellate court would be the venue to resolve the disagreement. The Commission considered the request for a special use to allow the church to continue existing as a special use in the RC-1 zoning district. The Planning and Zoning Commission was instructed to make a recommendation to the City Council. The building is currently nonconforming and the request before the Commission increases the nonconformity through the installation of the canopy. Chair Atherton invited members of the audience to speak. Tom Weaver spoke in support of the proposed canopy. Bob Snow, resident and member of First Lutheran Church and former president of the congregation, reported that the nearby library expansion and the closing of Third Street affected the church’s parking situation, reducing the amount of available nearby parking for parishioners. Currently the church offers a kind of valet parking service in the circle drive for those who have limited mobility. Planning and Zoning Commission November 16, 2016 Page 4 of 5 Illustration” provided in the staff report prepared for the November 15, 2016 meeting. Specifically, the improvement must include the following: a. Brick piers that are consistent with materials on the existing building b. The structure must be open on the north, south and west sides (no walls) and contain hip roof that is centered under and emulates the roof line of the existing building above the proposed canopy. Plans for the approved final design must be submitted to the Building Division of the Community Development Department for review and approval. The motion was seconded by J. Wright, and a roll call vote was taken. Yes votes were cast by D. Castro, D. Nier, J. Wright, M. Crull, and Chair Atherton. The motion passed 5-0-0. D. Castro motioned to approve the special use as follows: Based on the submitted petition and testimony presented and the findings of fact by the City, he moved that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the special use associated with Case PZC 17-2016 subject to the following conditions: 1. Final design is subject to the review and approval of the Community Development Director to determine substantial compliance with the “Concept Illustration” provided in the staff report prepared for the November 15, 2016 meeting. Specifically, the improvement must include the following: a. Brick piers that are consisting with materials on the existing building b. A hip roof that is centered under and emulates the roof line of the existing building above the proposed canopy 2. Plans for the approved final design must be submitted to the Building Division of the Community Development Department for review and approval. The motion was seconded by M. Crull, and a roll call vote was taken. Yes votes were cast by J. Wright, D. Nier, M. Crull, D. Castro, and Chair Atherton. The motion passed 5-0-0. 2. Public Hearing on requests by Pearl Street Commercial represented by Steven Schwartz for s proposed Lincoln-Peace Planned Development re- subdivision which requires a zoning map amendment to PD-C Planned Development Commercial zoning and approval of preliminary and final plats/plans for the subject property located at 2111-2131 E. Lincoln Highway, DeKalb.  Planning and Zoning Commission November 16, 2016 Page 5 of 5 D. Hiland provided comments from City staff. He referred to the email from petitioner Steven Schwartz, a copy of which was provided in the meeting packet, in which he requested addition time to complete on final details. Chair Atherton opening the public hearing at 6:26 PM and requested a motion to continue if so desired. M. Crull moved to continue the request of Pearl Street Commercial, represented by Steven Schwartz, for the proposed Lincoln-Peace planned development resubdivision for commercial zoning and approval of preliminary and final plats to the subject property located at 2111-2131 East Lincoln Highway to be moved to the November 30, 2016, meeting of the Planning and Zoning Commission. The motion was seconded D. Nier, and a roll call vote was taken. Yes votes were cast by D. Castro, J. Wright, D. Nier, M. Crull, and Chair Atherton. The motion passed 5-0-0. G. CONSIDERATIONS None. H. FUTURE CONSIDERATIONS Item 2 above will be continued at the November 30th meeting. Derek Hiland announced his last day at the City as Friday, November 18th. He will assume a new position locally. Chair Atherton and Commissioners M. Crull, D. Castro, J. Wright, and J. Wright individually and collectively expressed sincere appreciation for the years of support Mr. Hiland has provided to the Commission and his passion for working for the City. Mr. Hiland returned the sentiments and thanked the Commissioners for their professionalism and hard work. I. REPORTS / ITEMS FOR NEXT MEETING None. J. ADJOURNMENT Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn. M. Crull motioned to adjourn, D. Castro seconded the motion, and the motion was approved by voice vote. The meeting adjourned 6:30 PM. Respectfully submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on [DATE].  STAFF REPORT November 23, 2016 TO: DeKalb Planning and Zoning Commission RE: Lincoln - Peace PD - 2111-2131 E. Lincoln Highway (Pearl Street Commercial LLC) (Casey’s General Store) I. GENERAL INFORMATION A. Purpose Rezone to Planned Development-Commercial “PD-C” and subdivide land to create the Lincoln – Peace PD with Preliminary Plat/Preliminary Development Plan; Development of a 4,356 square foot Casey’s General Store with 16 fuel dispensers and maintain existing self-storage facility. B. Owner/Applicant James and Doris Kaelin/Pearl Street Commercial, LLC (contract purchaser) C. Location and Size Northwest corner of E. Lincoln Highway and Peace Road (2111-2131 E. Lincoln Highway); 4.955 acres D. Access Lincoln Highway (Full access) and Peace Road (Right-in/Right-out access) E. Existing Zoning and Land Use “GC” General Commercial and “LI” Light Industrial; florist business (DeKalb Florist); self- storage facility (J&D Self Storage) F. Surrounding Zoning and Land Use North– County “MC” Manufacturing Conservation; vacant, overhead utility lines South – County “A-1” Agricultural; vacant East – HI- Heavy Industrial; vacant, manufacturing West – County “A-1” Agricultural, “GC” General Commercial and “LI” Light Industrial; overhead utility lines, single-family home and vacant G. Comprehensive Plan Designation Commercial PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR II. APPLICANT'S REQUEST Pearl Street Commercial, LLC have submitted development applications that, if approved, would result in the demolition of the existing structures associated with DeKalb Florist and development of a new 4,356 square foot Casey’s General Store with 16 fuel dispensers at the northwest corner of E. Lincoln Highway and Peace Road. In addition, the existing self-storage facility to the north of the florist shop would remain and be owned by Pearl Street Commercial, LLC. The applicant has requested approval of a re-zoning to the PD-C Planned Developmement – Commercial District and approval of a preliminary plan and preliminary plat for a proposed two lot re-subdivision that would accommodate the proposed Casey’s General Store on Lot 1 (1.635 acres) and the existing self-storage facility on Lot 2 (3.320 acres). It is anticipated that work would begin in early spring and will take a few months to complete the building and site. PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 2 of 16 The subject property was annexed in 2004 in conjunction with the development of the self-storage facility. An annexation agreement was also approved at that time and will need to be amended to accommodate the proposed changes in relation to the new gas station. The amendment to the annexation agreement is not under the review of the Commission, however the development provisions are discussed in the report and will be included in the Ordinance approving the re- zoning of the site and the plans. At the November 16th meeting, the Planning and Zoning Commission opened and continued the public hearing at the applicants request to the November 30th meeting. The petitioner had requested the continuation in order to finalize the plans and work through a few remaining details before the items were brought to the Commission for consideration. III. CHARACTERISTICS OF SUBJECT PROPERTY AND SURROUNDING LAND USES AND ZONING CLASSIFICATIONS The subject property is approximately 5 acres in size and consists of structures associated with the DeKalb Florist business and the J&D Self-Storage facility. Upon approval of the project, DeKalb Florist will close and the associated structures, including a former house, will be demolished for the new gas station development. The self-storage facility was developed in 2004 and contains eight (8) buildings. The northern portion of the subject property covering the self-stroage facility is zoned “LI” Light Industrial and the southern portion of the property is zoned “GC” General Commercial. The immediate area consists of vacant property to the north and south, with overhead ComEd utility lines and a single-family home directly west of the subject property. To the east is vacant property at the northeast corner of Lincoln Highway and Peace Road and a manufacturing operation (Algus Packaging) to the northeast across Peace Road. IV. ANALYSIS 1. PROPOSED ZONING AND LAND USE The applicant proposes to develop the 4.95 acres as a two lot subdivision with a 4,356 square foot Casey’s General Store with 16 fuel dispensers on the proposed Lot 1 (1.635 acres) and the existing self-storage facility on Lot 2 (3.320 acres). The proposed zoning of “PD-C” Planned Development Commercial and land use would be in conformance with the 2005 Comprehensive Plan, which calls for “Commercial” uses for the property. In addition, the proposed zoning would be in conformance with the East Lincoln Highway Corridor Plan from 2005, which designates the site in the Four Corners Gateway area and recommends retail/commercial uses. This Plan calls for the “Four Corners” area to be -developed into a modern, but historically themed roadside oasis that serves as a service center for surrounding commercial off users and highway travelers. New development should be compact in overall form to protect the strong contrast between the City and surrounding countryside. The East Lincoln Highway Corridor Plan recommends new ornamental street lighting, Lincoln Highway markers and new sidewalks. Future development in the area presents an opportunity to set an entirely new economic and aesthetic tone for the corridor and community. The “PD-C” Planned Development - Commercial zoning designation provides the City and the PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 3 of 16 developer with many benefits beyond that of traditional zoning. These include flexibility in uses and site layouts, the ability to mix uses that would typically be in separate zoning classifications, and the ability to develop the property in accordance with the development plan. For both Lots 1 (gas station lot) and 2 (self-storage facility), the permitted and special uses listed under the “GC” General Commercial District will be added to the Ordinance for the site, with the exception of several prohibited uses such as adult oriented uses, bars, head shops or hookah bars, pawn shops or residential dwelling units. A self-service storage facility is a permitted use only in the “LI” Light Industrial and “HI” Heavy Industrial Districts. Under the PD-C designation, however, the self-storage facility will be allowed as a permitted use and can remain on the property. The redevelopment of this property is desirable to the City and would provide sales tax and property tax revenue, and development of a very important intersection that should lead to continued commercial development in the area. Planned Development Exceptions The approval of a PD Development Plan may provide exceptions from the regulations of the UDO as may be necessary or desirable to achieve the objectives of the proposed planned development. In accordance with Article 5 of the UDO, most of the PD requirements have been satisfied through the plan in the backup materials. However certain criteria remain to be met and if the overall proposal receives a positive recommendation from the Planning and Zoning Commission, staff suggests that approval be conditioned on meeting all applicable requirements for a Planned Development. 1) Article 13.07.02 (3) Business Signs – Wall The total allowable area of wall signs shall not exceed one (1) square foot per lineal foot of building frontage upon which the sign is affixed up to a maximum of 300 square feet. The frontage of the building along E. Lincoln Highway is about 105 feet, allowing wall signage not to exceed 105 square feet on this frontage. The front (south) elevation of the proposed Casey’s store indicates three wall signs including one 64 square foot “Casey’s General Store” sign and two (2) “Home To Go” wall signs not exceeding 8 square feet for a total of 80 square feet. Per the definition for calculating sign area in the UDO, the total square footage of signage includes a continuous rectangle and would result in a sign of about 252 square feet. In exchange for additional wall signage, the applicant has revised the architectural elevations to include additional windows on the front elevation to break up the facade. Staff support this request. 2) Article 13.07.05 (1) Gasoline Station Canopy Signs a. A gasoline station with a permitted canopy may have no more than one (1) sign, attached on each of any two (2) sides of the vertical face of the canopy. The area of each sign shall not exceed 10 square feet. The plans for the canopy indicate signs on the three (3) of the elevations and are 17.5 square feet each. Staff would support this exception since the proposed Casey’s will be on a corner lot and the signage is not excessive and matches the design of the other signs. PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 4 of 16 2. DISCUSSION Regarding the plans and the development proposal, the following items are raised for Planning and Zoning Commission discussion and consideration. A. Subdivision Design and Uses The subject property would be subdivided into two lots. Lot 1 will be 1.635 acres and include a 4,356 square foot Casey General Store with 16 fuel dispensers. Lot 2 will be 3.320 acres and will encompass the existing self-storage facility. Lot 2 will not have direct access onto Lincoln Highway or Peace Road, however a cross-access easement will be established to allow access across the Casey’s lot to the self-storage facility. The Planned Development will include all “GC” General Commercial District permitted and special uses for Lots 1 and 2. Language will be added to the approving documents to allow the existing self-storage facility to remain on Lot 2 as a permitted use. B. Building Designs The developer has provided building exhibits depicting the proposed facade for the Casey’s General Store building and fuel canopy. The prototypical Casey’s elevation was originally submitted but was revised to include a hip roof element and is a custom store specific to this location. The revisions were done to the elevations as requested by staff per the recommendations in the East Lincoln Highway Corridor Plan. The building will be constructed of antique red face brick and accented with salt white EIFS. Rooftop mechanical equipment will be screened from view. The canopy over the fuel dispensers will be constructed of tan fascia and will include brick columns to match the building, similar to what was required at the Mobile Gas Station just to the west along E. Lincoln Highway. C. Signs The Casey’s ground sign proposed along Peace Road will be about 45 square feet (90 square feet including masonry) and 10’ in height. The sign was revised from the standard Casey’s ground sign to include additional masonry to make it more aesthetically pleasing. The Casey’s/Self Storage ground sign near the entrance to E. Lincoln Highway will be about 65 square feet (122 square feet including masonry) and 13’6” in height. The applicant also increased the amount of brick to this sign from the initial submittals to enhance the appearance of the sign. The developer is also requesting that a new self-storage ground sign replace the existing v- shaped wooden J&D Storage sign along Peace Road. The existing v-shaped sign is approximately 24 square feet and 6 feet in height and the proposed sign will be double-faced and PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 5 of 16 about 37 square feet per side and 5’2” in height and be placed in approximately the same location as the existing sign. The proposed new sign meets the requirements of the UDO. Exceptions to the sign regulations related to the wall signs and canopy signs are discussed under Planned Development Exceptions in this report. The developer has agreed to donate $5,000 to the City for a future City of DeKalb monument entrance sign at the Peace Road and E. Lincoln Highway intersection along with the establishment of a sign easement. The easement will allow for the City to install and maintain such monument sign. The developer will also provide electrical service to the monument sign and shall be responsible for all cost of illuminating the sign, as well as maintaining the landscaping around the sign. D. Engineering Plans The development application for the project are accompanied by preliminary engineering plans, which depict the overall development plans and the infrastructure required to serve it. The overall utility plan shows that the project will be served by a 16-inch water main located on the west side of Peace Road. A six-inch sanitary sewer extending along E. Lincoln Highway will carry wastewater from the site. The proposed Casey’s site features four (4) watersheds. The vast majority of the watershed will drain to a proposed underground detention facility on-site before being released at a controlled rate to a storm sewer in the E. Lincoln Highway ROW. The self-storage facility drains to an existing wet retention basin on the north end of the property. A 10 foot wide Utility Easement is required around the perimeter of each lot. The width of the easement will be reduced to 5 feet where there is a ground sign encroaching on the easement. The two existing overhead electrical wires across E. Lincoln Highway to the site will be removed. The developer will be installing underground electrical service to the site along the west side of the property. The City’s engineering consultants have reviewed the preliminary plans and their remaining comments are provided in Exhibit III. The DeKalb Sanitary District has also reviewed the plans and provided comments, which are listed in Exhibit III. E. Landscaping The landscape plans indicate plantings meeting the requirement of the UDO, with additional plantings added to the Casey’s site near the intersection. The applicant has also provided additional plantings along the east side of the self-storage facility site to enhance the existing plantings and berm along Peace Road. Street trees along Lincoln Highway will be located in the right-of-way, and along Peace Road they will be placed on the private property to avoid a proposed 10’ wide utility easement. F. Roadway Access The preliminary plans show that the site would be serviced by a full access point onto E. Lincoln Highway and a right-in/right-out access along Peace Road. The developer worked with City staff to address several concerns to ensure safe traffic movements into and out of the site. Improvements include a de-acceleration lane for southbound traffic along Peace Road and a raised median along the centerline of the road to ensure no left turns occur in or out of the site. The annexation PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 6 of 16 agreement from 2004 restricted access from Peace Road, so the agreement will need to be amended to accommodate the new access. The proposed access off of E. Lincoln Highway has not been approved in its final form by IDOT yet, however should be acceptable as it is replacing an existing full access. In addition, two other existing full access points along E. Lincoln Highway will be removed. A cross access easement will be established on the preliminary plat for access from E. Lincoln Highway to the self-storage facility. G. Traffic Study The applicant provided a traffic study and a copy is on file. The report concludes the development will not negatively impact the existing traffic flows or intersection operations, with the proposed improvements. H. Self-Storage Facility –Fencing The existing self-storage facility will remain and will be covered under the Planned Development. Staff has recommended that if a fence is constructed in the future, it shall be a 6’ tall black vinyl coated chain link fence as indicated on the Fence Exhibit Sheet and include an opticon activated gate. The proposed location is near the pavement line because it will place it behind the berm and landscaping and it will therefore be more screened from Peace Road. I. Street Lighting The developer has agreed to donate $10,000 to the City for the purpose of paying for a portion of the costs of future decorative lighting within the E. Lincoln Highway ROW. J. Annexation Agreement Amendment An annexation agreement was approved in 2004 when the self-storage facility was constructed. Although the amended annexation agreement is not reviewed by the Commission, we have provided some of the provisions that will go into the agreement. The first amendment to the annexation agreement includes the following major terms: • The City agrees to zone it in accordance with the agreement (in this case Planned Development - Commercial) and provide services to the property; • The developer agrees to develop the property in accordance with the Development Plan and the terms of the agreement; • The agreement will be for 40 years (extended 28 years), however if it cannot be enforced, then it will be for 20 years. • The City will establish a backup special services areas to provide a funding mechanism should the management entity fail to address a situation and the City is required to step in to correct the deficiency; • The developer agrees to adopt private Covenants, Conditions and Restrictions which regulate the subsequent development of the Property and are subject to the review and approval of the City; • The agreement lists the allowed uses, prohibited uses, necessary waivers or variations, and similar zoning terms. Lot 1 will be permitted to have a gas station and convenience store and Lot 2 will be allowed to have a self-storage service facility with no outdoor storage. Any other uses proposed in the future will require an amendment to the Agreement. PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 7 of 16  • A contribution of $5,000 for a future City of DeKalb monument sign to be located in the designated sign easement as shown on the Final Plans. Donation to be made at time of request by the City, but no later than one year after the approval of the agreement. • A contribution of $10,000 to future installation of light poles within the E. Lincoln Highway ROW. Donation to be made at time of request by the City, but no later than one year after the approval of the agreement. • If a fence is to be constructed on the proposed Lot 2 (self-storage lot), it shall be a 6’ tall black vinyl coated chain link fence in a location as shown on the Fence Exhibit • The Agreement requires any changes to the agreement to be reviewed and approved by the Planning and Zoning Commission and City Council; • The Agreement calls for appropriate infrastructure improvements, security for said improvements and dedications of road right-of-ways, utility easements, and other dedications; • The Agreement includes many other legal and technical terms intended to protect the City and the Developer in the case of disagreement, bad weather, failure to perform, or similar problems. • In addition to the engineering plans, the agreement will include exhibits and covenants that will control the appearance/design of buildings constructed on the property, the landscaping, signage, and lighting. Some of the exhibits have been reviewed, though they may require further revision based on the Planning and Zoning Commissioners’ comments and the finalized versions will be included as attachments to the document to be recorded. V. STANDARDS OF REZONING 1. 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 2005 Comprehensive Plan and East Lincoln Highway Corridor Plan indicate that this area should be developed for commercial purposes. Staff believes that the proposed development meets the intent of the Comprehensive Plan and East Lincoln Highway Corridor Plan. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The intent and purpose of the Planned Development zoning district states: The purpose of the Planned Development Districts is to provide a means of achieving greater flexibility in 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 operation of the development. The rezoning of the subject property to the PD-C District provides the opportunity to more directly shape the re-development of the former florist operation and allow the continued use of the self- storage facility. The PD-C classification will also allow the use and appearance of this property to be in accordance with the City’s design criteria and Comprehensive Plan. The Planned PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 8 of 16 Development allows the developer and the city the flexibility to agree to a development plan that seeks exceptions from the Unified Development Ordinance regarding signage. 3. The proposed rezoning will not have a significantly detrimental effect on the long- range development of adjacent properties or adjacent land uses. The proposed rezoning should not have a detrimental effect on the adjacent properties or land uses as it entitles the subject property to a commercial use that is complementary with existing, adjacent and proposed land uses along E. Lincoln Highway and Peace Road. The PD-C zoning provides the mechanism to provide an appealing commercial development at an important intersection and improve the appearance of the existing self-storage facility that will have a positive effect on the surrounding area while providing relief to the applicant that will allow the redevelopment of the subject property. The project should spur additional commercial development in the area. 4. The proposed rezoning constitutes an expansion of an existing zoning district that no longer meets the demand for the intended land uses. The subject property is currently zoned “GC” General Commercial District and “LI” Light Industrial District. Rezoning the property to “PD-C” Planned Development-Commercial will allow for a well-designed development and will allow for flexibility by the applicant to redevelop the property in a manner that will enhance the surrounding area and spur additional commercial development along the East Lincoln Highway Corridor. 5. Adequate public facilities and services exist or can be provided. As discussed in this report, adequate public services can be provided to this property. The developer is responsible for necessary utility improvements, which can be readily made. This property lies within adequate service areas for other City services, such as police and fire protection. Adequate utilities are located nearby. VI. CITIZEN INPUT There was no correspondence received as a result of the mailing that went out for this public hearing. VII. CONCLUSIONS AND RECOMMENDATIONS The proposed zoning and Preliminary Plat/Development Plans are compatible with the recommendations of the 2005 Comprehensive Plan and East Lincoln Highway Corridor Plan and should spur additional commercial development in the area. The amendment to the annexation agreement and the plans will require further refinement, though the documents have progressed incrementally closer to being completed to a point where only few minor comments remain. Overall, the zoning details, land plan, draft agreement, and related documents are sound, and the items within the typical purview of the Planning and Zoning Commission are ready for consideration and approval. Since the applicant has only submitted preliminary plans, they will be required to submit a Final Plat and Final Plans that will require review by the Planning and PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 9 of 16 Commission. The applicant plans to submit Final Plans the last week of November, which may allow review by the Commission at the December 14th meeting. Sample Motion: Based upon the submitted petition and testimony presented, I move that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a zoning map amendment from the “GC” General Commercial and “LI” Light Industrial Districts to the “PD-C” Planned Development – Commercial District for the subject property and approval of a Preliminary Plat and Preliminary Development Plan as described in Exhibit I and subject to the following conditions: 1) Lot 1 will be permitted to have a gasoline service station with associated convenience store. Uses listed in Exhibit II shall be prohibited. No additional outdoor storage, sales or activity shall be permitted except adjacent to the proposed convenience store building and no storage shall exceed 4 feet in height, block any windows and a 3 foot wide minimum pedestrian access shall be maintained. 2) Lot 2 will be permitted to have a self-storage facility. Uses listed in Exhibit II shall be prohibited. No additional outdoor storage, sales or activity shall be permitted, and no outdoor storage of vehicles, trailers, RV’s or other items shall be permitted. 3) Final Engineering Plans and a Final Plat shall be submitted with proper applications. 4) That the remaining comments as listed in Exhibit III shall be addressed to the satisfaction of staff or outside agency. 5) That a waiver of Article 13.07.02 (3) Business Signs – Wall, to allow for three (3) wall signs on the south building elevation including one 64 square feet “Casey’s General Store” sign and two (2) “Home To Go” wall signs not exceeding 8 square feet each in lieu of the allowable 105 square foot sign be approved per the details provided in the Casey’s Sign Packet dated 11-23-16. 6) That waiver of Article 13.07.05 (1) Gasoline Station Canopy Signs, to allow three (3) 17.5 square foot Casey’s General Store canopy signs in lieu of the allowable two (2) canopy signs at a maximum of 10 square feet be approved per the detail provided in the Casey’s Sign Packet dated 11-23-16. 7) No other permanent sign are allowed on the subject property and temporary signs shall only be allowed per Article 13.05.06 of the Unified Development Ordinance. PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 10 of 16  Exhibit I Preliminary Plat and Development Plan • Preliminary Lincoln-Peace PD and Subdivision Plat (2 sheets) prepared by ARC Design dated 11-09-16 • Zoning Exhibit prepared by ARC Design dated 08-10-16 • Dumpster Enclosure Detail prepared by Casey’s Construction Division dated 03-01-16 • PD Preliminary Plan (11 sheets) prepared by ARC Design dated 11-09-16 • Photometric Plan (2 sheets) prepared by Red Leonard Associates dated 8-25-16 • Casey’s General Store Sign Packet (12 sheets) dated 11-23-16 • Architectural Elevations (2 sheets) prepared by Red Leonard Associates received on 11- 14-16 • Canopy elevation prepared by Casey’s General Store dated 11-10-16 PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 11 of 16  Exhibit II Prohibited Uses 1) Adult oriented uses; adult bookstores or other establishment displaying, leasing, trading, selling pornographic materials as defined in the UDO, whether as a principal use or accessory to an allowed principal use; 2) Animal boarding; 3) "Second-hand", resale or consignment store; 4) Fire, bankruptcy sale, wholesale, overstock auction house or their equivalent; 5) Massage parlor; 6) Dollar stores, discount department stores, or wholesale establishments; 7) Currency exchange, money wiring, check cashing facility or equivalent; 8) Auto title loan or post dated check or payday loan facility or equivalent, unless associated with and incorporating the full-services of a federally-insured bank, credit union or savings and loan; 9) Bar, tavern, package liquor store, dance hall or any other facility; 10) Drug paraphernalia or “head shop” or a retail establishment that permits the sale of drug paraphernalia as defined by City Code or state law; 11) Community residences; 12) Tobacco, pipe, cigar or cigarette sales, retail tobacco sales, “hookah bar” or other establishment that permits the indoor consumption of any product regulated under Chapter 64 of the City Code; 13) Group homes; 14) Parking lots, as a principal use; 15) Pawn shops; 16) Cemeteries and mausoleums; 17) Funeral homes and mortuaries; 18) Rooming houses or lodging houses; 19) Automobile or motor vehicle/recreational vehicle/implement repair, service, sales, rentals or maintenance; 20) Contractor offices associated with onsite storage of vehicles, supplies or equipment, building material or equipment sales, building or equipment service or maintenance offices, or the equivalent; 21) Warehouses, whether accessory to a retail use, or self-service storage; 22) Church or religious uses; 23) Residential uses; 24) Tattoo, body art or body modification related uses; 25) Car washes, drive-thrus; PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 12 of 16  26) Outdoor, drive-thru or standalone automatic teller machines (except for ATMs wholly concealed within the primary structure on the Property and accessible only from within the structure). 27) Any use not expressly identified as a Permitted Use. PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 13 of 16  Exhibit III Staff Comments 1) Language for the proposed cross access easement from E. Lincoln Highway to Lot 2 should be shown on the Final Plat. 2) Language for the proposed sign easement on Lot 1 should be shown on the Final Plat. 3) Full size black and white architectural elevations of the proposed convenience store building and fuel island canopy indicating proposed colors and materials should be provided at the time of submittal of the Final Plans. 4) The calculation of the “site coverage” area as defined in the UDO shall be provided on the plans. 5) If a fence is to be constructed on the proposed Lot 2 (self-storage lot), it shall be a 6’ tall black vinyl coated chain link fence in a location as shown on the Fence Exhibit Sheet as part of the Development Plan. A detail of the fence should be provided with the Final Plans and shall not include barbed-wire. 6) Details of the security gate for the self-storage facility shall be provided on the Final Plans and include an opticon activated gate. 7) The Utility Plan should indicate electrical service to the future City monument sign at the intersection of E. Lincoln Highway and Peace Road. Consulting Engineering Comments - WBK Preliminary Plat 1. Provide a ten foot Public Utility Easement around the perimeter of each lot except where proposed buildings or signage is proposed. A reduced easement is acceptable where signage is prposed. Preliminary Engineering Plans – No comments Final Engineering Plans 1. A new fire hydrant has been added to the plans. During final engineering design for the project the point of connection to the existing 16” water main, adequacy of hydrant coverage and the requirement for an easement will be further evaluated. DeKalb Sanitary District Comments Plan Review 1) Plat Sheet 2 of 2: Application Sanitary District should be “DeKalb Sanitary District. PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 14 of 16 2) Sheet C10: Why is there an offset in the sanitary sewer alignment? The District would prefer to minimize sanitary manholes unless this is absolutely necessary. 3) If there is a future possibility for redevelopment of the property to the north that would require sanitary sewer service, it would be in the owner’s best interest to extend an 8” line to the north. 4) DeKalb Sanitary District's Standard Notes and Details (all 5 sheets) are to be attached to your site plans, verbatim. Electronic versions are available at DSD web site in PDF format (http://www.dekalbsd.com/dsdnotesanddetails.html) District Notes and Details are in addition to “Standard Specifications for Water and Sewer Main Construction in Illinois” and “Illinois Design Standards For Sewage Works” and shall be incorporated in this project. District Notes and Details, as well as the state specifications, will govern acceptable materials and quality assurance testing and inspections. 5) Please provide an electronic copy of plans to Mike Holland at mholland@dekalbsd.com as well as any future revisions. Administration 1) Annexation: The proposed site at the northwest corner of Peace Rd. and Lincoln Hwy. is not annexed to the DeKalb Sanitary District. For sanitary sewer service to be provided, annexation to the sanitary district is required. The DeKalb Sanitary District’s annexation process is separate from that of the City of DeKalb’s and further described on the attached “Procedure for Annexations to DeKalb Sanitary District”. Please note that the annexation fee is currently $3,000 per acre, which would equate to a $4,905 annexation fee for the proposed 1.635 acre General Commercial Lot. Annexation Required. 2) Plan Review, Project Administration and Inspection Fees: A minimum non-refundable administration fee of $1,000.00 is due, as required per District Ordinance No. 496. This Administration Fee is to address the costs involved in staff review and consultation regarding project plans and documents and shall be paid in full prior to District sign-off on the City of DeKalb’s Building Permit Application or Illinois EPA Permit Application. $1,000 Administration Fee due prior to District sign-off on IEPA Permit Application. 3) Connection Fee: The DeKalb Sanitary District Connection Fee is currently $400 per Population Equivalent (P.E.). One P.E. = 100 gallons per day of water usage containing 0.17 pounds of BOD5 and 0.20 pounds of suspended solids. Please submit proposed water usage based on water usage records or billings of a similarly sized facility for at least 2 consecutive months. The District will determine whether the sanitary loading of the proposed building will be similar to that of the existing building’s use. The District may require an additional connection fee if the sanitary loading increases. The connection fee will be due to the District prior to attaining a District sign-off on the City of DeKalb’s Building Permit application PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 15 of 16 4) IEPA Permitting: Illinois Law requires an Illinois Environmental Protection Agency (IEPA) Sewer Construction Permit for any sanitary sewer extension of if the project will be connecting a load equal to or greater than 15 PE (1,500 gallons/day). In the event that this is the case, submission of two District-approved “FINAL” or “ISSUED FOR CONSTRUCTION” plan sets and at least three (original signatures) IEPA Construction Permit Applications (with appropriate schedules) will be required prior to the District’s approval and “sign-off” on the IEPA applications. Note that your final administration/inspection fee is due at this juncture. IEPA Permit Required for Sanitary Sewer Extension. PZC079-16 Peace-Lincoln PUD (Caseys) RZN, PDC - SR Page 16 of 16 October 27, 2016 Dear Property Owner: The DeKalb Planning and Zoning Commission will consider a request by Pearl Street Commercial represented by Steven Schwartz for a proposed Lincoln-Peace Planned Development resubdivision for a proposed Casey’s General Store which requires a zoning map amendment to PD-C Planned Development Commercial zoning and approval of preliminary and final plans for the subject property located at 2111-2131 E. Lincoln Highway, DeKalb. The DeKalb Planning and Zoning Commission will review these requests and hold a public hearing on or after their regular meeting of November 16, 2016, at 6:00 p.m. The meeting will be at the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within 250 feet of the above-mentioned property, I encourage you to attend this meeting to learn about and comment on the proposal. I also welcome you to submit any written comments you may have on the proposal no later than Wednesday, November 9, 2016. You may submit written comments regarding the request on the enclosed comment sheet by fax to (815) 748-2359, by mail to the address listed above, or by e-mail to dhiland@cityofdekalb.com. All comments will be shared with the Commission and included in the public record. The alderman for the Fourth Ward is Bob Snow. Alderman Snow can be reached at (815) 758-3376, or by e-mail at bob.snow@cityofdekalb.com. If you have any questions about this request, please feel free to contact the Community Development Department at (815) 748-2060. Sincerely, Derek Hiland Derek Hiland Planner Enclosures CC: Mayor City Council City Manager Planning and Zoning Commission Applicant PZC080-16  Citizen Response Form Lincoln-Peace Planned Development Owners Name: _____________________________________________________________ Property Address: ___________________________________________________________ Basic Input: □ I support the proposal to create the Lincoln-Peace Planned Development Subdivision □ I support the proposal in general but would like to see specifics before I decide. □ I do not support the proposal. Written Comments: PZC080-16 Peace-Lincoln PUD (Caseys) RZN, PDC - NPN Page 2 of 6 LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on or after Wednesday, November 16, 2016, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on petitions by Pearl Street Commercial represented by Steven Schwartz for s proposed Lincoln-Peace Planned Development resubdivision which requires a zoning map amendment to PD-C Planned Development Commercial zoning and approval of preliminary and final plans for the subject property located at 2111-2131 E. Lincoln Highway, DeKalb. The subject property is legally described as: ALL OF LOTS 57, 58, AND 59, AND PART OF LOTS 56 AND 60, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 67 OF THE M.D. SHIPMAN FARM PLAT IN THE CENTER OF EAST LINCOLN HIGHWAY; THENCE WESTERLY ALONG THE CENTERLINE OF SAID HIGHWAY 145.2 FEET; THENCE NORTHERLY AND PARALLEL WITH THE WEST LINE OF SAID LOT 67, 977.3 FEET; THENCE EASTERLY AND PARALLEL TO THE CENTERLINE OF SAID HIGHWAY, 99.5 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, AND GARY RAILWAY; THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY LINE, 101 FEET TO A POINT WHERE THE WESTERLY LINE OF SAID LOT 67 EXTENDED NORTHERLY WILL INTERSECT SAID RIGHT OF WAY LINE; THENCE SOUTHERLY 887 FEET TO THE PLACE OF BEGINNING; ALL ACCORDING TO THE M.D. SHIPMAN FARM PLAT, SITUATED IN SECTION 24, IN TOWNSHIP 40 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE COUNTY OF DEKALB AND STATE OF ILLINOIS; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: PART OF LOT 60 OF THE M.D. SHIPMAN'S FARM PLAT IN SECTION 24, TOWNSHIP 40 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, DEKALB COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 67 OF SAID FARM PLAT; THENCE NORTHWESTERLY ALONG THE SOUTH LINE OF LOT 60 OF SAID FARM PLAT, A DISTANCE OF 14.28 FEET TO A POINT THAT IS 94.0 FEET WEST (AS MEASURED PERPENDICULARLY) OF THE EAST LINE OF THE SOUTHWEST 1/4 SAID SECTION 24 FOR THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 24, A DISTANCE OF 541.5 FEET TO A POINT THAT IS 145.2 FEET WESTERLY (AS MEASURED PERPENDICULARLY) OF THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 67 OF SAID FARM PLAT; THENCE SOUTHWESTERLY PARALLEL WITH THE WEST LINE OF LOT 67 OF SAID FARM PLAT A DISTANCE OF 525.0 FEET TO THE SOUTH LINE OF LOT 60 OF SAID FARM PLAT; THENCE PZC080-16 Peace-Lincoln PUD (Caseys) RZN, PDC - NPN Page 3 of 6 SOUTHEASTERLY ALONG THE SOUTH LINE LOT 60 OF SAID FARM PLAT, A DISTANCE OF 130.92 FEET TO A POINT OF BEGINNING; ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF LOT 60 OF THE M.D. SHIPMAN FARM PLAT IN SECTION 24, TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 67, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID FARM PLAT, 14.07 FEET TO A POINT WHICH IS 94 FEET WEST (MEASURED PERPENDICULARLY) TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 24; THENCE NORTH AND PARALLEL WITH SAID EAST LINE, 542.67 FEET TO A POINT WHICH IS 145.20 FEET WESTERLY (MEASURED PERPENDICULARLY) OF THE WESTERLY LINE OF SAID LOT 67, EXTENDED NORTHERLY; THENCE NORTHEASTERLY AND PARALLEL WITH SAID WESTERLY LINE, 389.01 FEET TO A POINT ON SAID EAST LINE WHICH IS 943.55 FEET NORTH OF THE SOUTH LINE OF SAID FARM PLAT; THENCE SOUTH ALONG SAID EAST LINE, 600.89 FEET TO THE INTERSECTION OF SAID WESTERLY LINE OF LOT 67 AND SAID EAST LINE; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE OF LOT 67, 332.50 FEET TO THE POINT OF BEGINNING, SITUATED IN THE COUNTY OF DEKALB AND STATE OF ILLINOIS, (EXCEPT THAT PART CONVEYED IN DOCUMENT NO. 97000333 TO DEPARTMENT OF TRANSPORTATION). ALSO KNOWN AS: A PART OF LOTS 56, 57, 58 AND 59 IN M.D. SHIPMAN'S FARM PLAT, SAID SUBDIVISION BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 19, 1906 AS SHOWN IN PLAT BOOK D, PAGE 15, IN THE RECORDER'S OFFICE OF DEKALB COUNTY, ILLINOIS, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO‐WIT: BEGINNING AT A POINT AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 58 AND THE NORTH RIGHT‐OF‐WAY LINE OF E. LINCOLN HIGHWAY SAID POINT BEING 98.14 FEET LEFT OF E. LINCOLN HIGHWAY STATION 116+70.22; (NEXT THREE COURSES ALONG THE SAID NORTH RIGHT OF WAY LINE) THENCE SOUTH 14°24'41” WEST, A DISTANCE OF 33.14 FEET; THENCE NORTH 82°42'29” WEST, A DISTANCE OF 121.15 FEET; THENCE NORTH 75°35'44” WEST, A DISTANCE OF 207.93 FEET; THENCE NORTH 00°16'38” EAST, A DISTANCE OF 895.44 FEET; THENCE NORTH 14°17'29 EAST, A DISTANCE OF 62.55 FEET; THENCE SOUTH 75°42'31” EAST, A DISTANCE OF 99.70 FEET; THENCE SOUTH 12°27'12” EAST ALONG THE EAST LINE OF SAID LOTS 56, 57 AND 58, A DISTANCE OF 989.72 FEET TO THE POINT OF BEGINNING, CONTAINING 4.955 PZC080-16 Peace-Lincoln PUD (Caseys) RZN, PDC - NPN Page 4 of 6 ACRES (215,844 SQUARE FEET), MORE OR LESS, ALL BEING SITUATED IN THE COUNTY OF DEKALB AND STATE OF ILLINOIS. The aforementioned legal description is comprised of Parcel Identification Numbers (PINs) 08-24-451-005 and 08-24-451-002 and are generally bound by the railroad on the north, Peace Road on the East, Lincoln Highway on the south and ComEd utility lines on the West. The property is commonly known as the DeKalb Florist and the J & D Mini Storage facility to the north of the florist shop. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on these proposals to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, November 9, 2016. Further information is available from the Community Development Department, (815) 748-2060. Christina Atherton, Chairman DeKalb Planning and Zoning Commission PZC080-16 Peace-Lincoln PUD (Caseys) RZN, PDC - NPN Page 5 of 6 2111-2131 E. Lincoln Highway – Casey’s Redevelopment PZC080-16 Peace-Lincoln PUD (Caseys) RZN, PDC - NPN Page 6 of 6