Planning & Zoning Commission

Council Chambers 200 South Fourth Street DeKalb, IL 60115 AGENDA Planning and Zoning Commission January 25, 2017 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) D. APPROVAL OF MINUTES 1. January 11, 2017 meeting E. OLD BUSINESS F. NEW BUSINESS 1. Public Hearing on an application from Weaver Enterprises LTD/Seth Wolken - Boom Real Estate Development for an amendment to the special use permit for a restaurant with drive-through approved via Ordinance No. 06-25; variance to reduce the number of required parking spaces from 41 to 31 and approval of a site plan to allow for the development of a new Sonic Restaurant with drive-through at 1115 West Lincoln Highway. G. REPORTS/ITEMS FOR NEXT MEETING H. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION January 11, 2017 The Planning and Zoning Commission held a Meeting on January 11, 2017 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the meeting to order at 6:01 PM. A. ROLL CALL Natalie Nelson called the roll and the following members of the Planning and Zoning Commission were present: David Castro, Deborah Nier, Jerry Wright, Vicki Buckley, and Chair Christine Atherton. Member absent at roll call was: Matthew Crull. City staff present were Community Development Director Jo Ellen Charlton, Interim Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson. B. APPROVAL OF THE AGENDA (Additions/Deletions) Interim Principal Planner Dan Olson announced that item D1, under Approval of Minutes, should be corrected to read November 30, 2016, not November 20. Chair Atherton requested a motion to approve the January 11, 2017 agenda as amended. D. Castro motioned to approve the agenda as amended, J. Wright seconded the motion, and the motion was approved by unanimous voice vote. C. CITIZEN COMMENTS (Open Floor to Anyone Wishing to Speak on Record) None. D. APPROVAL OF MINUTES 1. November 30, 2016 meeting minutes Chair Atherton requested a motion to approve the minutes for the November 30, 2016 meeting. J. Wright motioned to approve the minutes as noted, D. Castro seconded the motion, and the motion was approved by unanimous voice vote. 2. December 14, 2016 meeting Chair Atherton requested a motion to approve the minutes for December 14, 2016 meeting. D. Castro motioned to approve the minutes as noted, J. Wright seconded the motion, and the motion was approved by unanimous voice vote. Planning and Zoning Commission January 11, 2017 Page 2 of 6 E. OLD BUSINESS None. F. NEW BUSINESS Before addressing the Public Hearing, Chair Atherton welcomed new commissioner Vicki Buckley. Commissioner Buckley provided an overview of her work experience and community involvement. 1. Public Hearing on Text Amendments to Article 7.14 “Design Requirements for New Residential Construction” of the Unified Development Ordinance. Interim Principal Planner Dan Olson provided City staff comments. He reported that the Mayor and City Council have been working to consolidate the commissions, boards, and committees to avoiding duplication of duties and improve efficiency. The purpose of the Design Review Committee (DRC) was to review design plans for new homes. The DRC has not met for over seven years. The proposed amendments will remove the DRC from the municipal code and assign its duties to the Landmark Commission or the Community Development Director. D. Olson referred to Exhibit 1, which contains the proposed changes to Article 7.14 of the Unified Development Ordinance (UDO). He explained that the DRC was developed to review new homes in subdivisions approved after 1990 and built out to more than 90%. Currently, most subdivisions built since 1990 are either completed or have not yet reached the 90% built out. The DRC also was tasked with reviewing plans for homes either in a historic district or historic landmark, after the Landmark Commission’s comments. D. Olson provided an overview of the changes involved in the transfer of the DRC duties. He explained that the design guidelines and checklist in Article 7.14, which requires a 75% score for approval, will remain in place. Plans for homes in a historic district or a historic landmark will be reviewed and scored by the Landmark Commission. Plans for homes not in a historic district or a historic site, or in subdivisions approved after 1990 that are beyond 90% built out, will be reviewed and scored by the Community Development Director or designee. D. Olson added that if a plan is denied by either the Landmark Commission or the Community Development Director or designee, the applicant may still appeal to the City Council as was the case previously. City staff recommends approving the proposed changes to the Municipal Code, including deleting Chapter 48 and amending Chapter 44 and Chapter 23, Article 7.14.  Planning and Zoning Commission January 11, 2017 Page 3 of 6 PUBLIC PARTICIPATION At 6:10 PM, Chair Atherton announced that she would invite the public to speak but noted that no public was present. COMMISSION DISCUSSION Chair Atherton asked City staff if the Landmark Commission meeting schedule is regular. Director Charlton explained that the Landmark Commission meets on an ad hoc basis, so a meeting would be called if a petition required its review and approval. Commissioner Castro asked for clarification of the role of the Landmark Commission versus the Community Development Director or designee. D. Olson responded that the location of the new home governs whether the Landmark Commission or the Community Development Director or designee review and approve or deny design plans. If a new home is located in a historic district or a historic site, only the Landmark Commission is responsible for determining if the design plans are acceptable. If the new home is located outside a historic district and not a local landmark and in subdivisions approved after 1990 and beyond 90% built out, only the Community Development Director or designee reviews the plan. Planner Olson explained that the proposed amendments to Appendix 7-A in the meeting packet did not include the tracked changes to the fourth and fifth columns, which had previously read “Staff” and “DRC,” respectively. City staff will provide a revised Appendix 7-A with redlined text included when presented to the City Council. MOTION Commissioner Wright motioned that, based on the submitted petition and testimony presented, that the Planning and Zoning Commission recommend to the City Council approval of the text amendments to Article 7.14 of the UDO to absorb the Design Review Committee’s duties into the Landmark Commission or the Community Development Director or designee as indicated in Exhibit I and Appendix 7-A. The motion was seconded by Commissioner Castro. VOTE A roll call was vote taken. Yes votes were voiced by D. Castro, D. Nier, J. Wright, V. Buckley, and Chair Atherton. No no votes were voiced. The motion passed unanimously. Chair Atherton closed the public hearing at 6:17 PM. Planning and Zoning Commission January 11, 2017 Page 4 of 6 2. Discussion on Video Gaming D. Olson provided background information on video gaming regulations. In 2009, the State of Illinois passed the Video Gaming Act, which authorized the placement of up to five video gaming terminals in licensed retail establishments, truck stops, and veteran and fraternal establishments, all of which must have liquor sales. The City of DeKalb opted in to allow video gaming. As of November 2016, the City of DeKalb had 18 video gaming establishments with 76 terminals in the City. Initially bars and fraternal organizations added video gaming machines to their locations as accessories. Soon, primary use video gaming establishments began to spread across Illinois and chains of video gaming establishments developed. These types of locations often occupy in small units in multi- tenant commercial buildings in high traffic areas. D. Olson reported that last summer the City Council discussed at length their concerns and those of the citizens regarding the proliferation of video gaming establishments. Copies of City staff memos to the City Council are included in the meeting packet. In September 2016, City Council placed a moratorium on new video gaming terminals to allow time to study the issue and develop regulations for principal use video gaming establishments. The moratorium is scheduled to expire on March 13, 2017. The City Council and City staff requested the Planning and Zoning Commission to provide guidance and direction for drafting an amendment to the Municipal Code. A public hearing before the Planning and Zoning Commission is planned for February 15, 2017, in preparation for the City Council’s consideration by the time the moratorium expires. City staff requested that this Commission consider the following amendments to the UDO: 1) Creating a new zoning classification and definition for video gaming/modifying the definitions for accessory and principal use, 2) Determining which zoning districts should allow principal use video gaming as a permitted use, a special use, or prohibited, and 3) Limiting the distance between video gaming establishments to avoid clusters. D. Olson added that video gaming is currently allowed in zones wherever bars and fraternal organizations are allowed, including in the downtown Central Business District (CBD) area. Discussion among the Commission members took place. Chair Atherton confirmed with City staff that the liquor license classification governs the location and hours of operation of video gaming establishments. Director Charlton offered to provide to the Commission at the next meeting a map that shows the video gaming locations as well as other liquor license locations.  Planning and Zoning Commission January 11, 2017 Page 5 of 6 Planner Olson explained that if the ordinance for a Planned Development-Commercial site (PD-C) allows bars, video gaming is also allowed. Director Charlton recommended that regulating video gaming be considered during the creation of future planned developments. Commissioner Castro suggested considering whether the City should regulate video gaming or should the market be allowed to determine the number of establishments and their proximity to each other. Commissioner Nier asked if the City can reduce the number of video gaming terminals allowed to less than the five allowed by the State. Director Charlton responded that a municipality cannot impose a lower limit. She added that municipalities that require kitchen food service for a liquor license are less desirable for video gaming due to the increased start-up investment costs. Kitchen food service is not required for a bar liquor license in DeKalb, so it is attractive for these establishments to locate here. It was noted that, the monies patrons spend on alcohol at DeKalb’s primary use video gaming establishments is far less than the amount patrons gamble on the video gaming terminals. The Commission requested that definitions for video gaming be clarified since these are not traditional arcade games. Multiple Commission members stated they wished to prohibit principal use video gaming establishments in the downtown Central Business District (CBD) area and continue to encourage primarily retail uses in that area. They also discussed the option of limiting new video gaming establishments elsewhere in the City by instituting a minimum distance between them or limiting the number allowed in a certain area. Director Charlton explained to the Commission that the memo dated July 6, 2016, included in the meeting packet, states that three video gaming establishments on Sycamore Road were pending approval. Between the time that memo was written and the beginning of the moratorium, all three were approved. Any amendment to the UDO made now would allow existing video gaming establishments to continue operating as legal non-conforming, provided that ownership or use do not change, and the building is not destroyed beyond 50%. Commissioner Castro asked whether DeKalb has a history of restricting the location of any other types of businesses. Director Charlton related her experience in another community that sought to limit the proliferation of beauty supply stores in a downtown area by implementing a minimum separation distance. Planner Olson reported that DeKalb requires a minimum distance between principal use retail tobacco establishments and between retail tobacco establishments and other uses. The Commission and City staff agreed that limiting the number of video gaming establishments could be achieved with distance restrictions and/or setting a maximum percentage of a building that could be occupied by video gaming. Planning and Zoning Commission January 11, 2017 Page 6 of 6 Commissioner Nier asked if additional video gaming businesses have inquired about locating to DeKalb since the moratorium was enacted. Director Charlton reported that a developer had expressed interest in locating a video gaming establishment in the strip center next to Schnuck’s. She added that per the Planned Development Agreement bars are not allowed; therefore, video gaming could not be a permitted or special use without an amendment. Natalie Nelson reported that a fraternal organization inquired if they could to keep their current video gaming terminals if they relocated. They were advised by that since their terminals are dependent upon their liquor license, and relocating would require a new liquor license, their terminals would not be permitted at a new location during the moratorium. The Commission asked City staff to investigate video gaming restrictions in surrounding communities, namely Sycamore, Rochelle, and Maple Park. City staff will also present to the Commission at the next meeting a draft text amendment with language to prohibit video gaming establishments in the CBD as neither a permitted use nor a special use, to clarify definitions of video gaming, and to suggest location restrictions. City staff will also report upon surrounding communities’ treatment of video gaming and what non- conforming situations will be affected by instituting separation restrictions. G. CONSIDERATIONS None. H. REPORTS / ITEMS FOR NEXT MEETING City staff reported that several petitions are in the Commission’s queue. To avoid a very long meeting, City staff asked to schedule an additional meeting on February 22, 2017. Commissioners will confirm availability with City staff. The next meeting of Commission, scheduled for January 25, 2017, will include a Public Hearing regarding a Sonic restaurant on West Lincoln Highway. I. ADJOURNMENT Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn. D. Nier motioned to adjourn, D. Castro seconded the motion, and the motion was unanimously approved by voice vote. The meeting adjourned at 7:08 PM. Respectfully Submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on .  STAFF REPORT January 20, 2017 TO: Planning and Zoning Commission (Board of Appeals) RE: Sonic – Amendment to Special Use Permit, Variance and Site Plan (1115 W. Lincoln Highway) I. GENERAL INFORMATION A. Purpose Amendment to special use permit for a restaurant with drive-through approved via Ordinance No. 06-25; variance to reduce the number of required parking spaces from 41 to 31 and approval of a site plan to allow for the development of a Sonic Restaurant with drive-through. B. Owner/Applicant Weaver Enterprises LTD/Seth Wolken - Boom Real Estate Development C. Location and Size 1115 W. Lincoln Highway; .8 acres D. Access W. Lincoln Highway and Annie Glidden Road via private drive E. Existing Zoning and Land Use “GC” General Commercial with a special use permit for a drive-through restaurant/ former KFC/Long John Silver’s F. Surrounding Zoning and Land Use North– “GC” General Commercial; gas station, restaurant, NIU South – “LC” Light Commercial; former motel and car wash East – “GC” General Commercial; various commercial uses West – “GC” General Commercial; restaurant with drive-thru, various commercial uses. G. Comprehensive Plan Designation Commercial PZC030-16 Sonic SU,VAR, Site Plan - SR II. APPLICANT'S REQUEST Boom Real Estate Development has submitted development applications that, if approved, would result in establishment of a Sonic Restaurant in an existing 3,480 sq. ft. building at 1115 W. Lincoln Highway. The property is zoned “GC” General Commercial and is the site of a former KFC/Long John Silver’s, which closed in late 2015. A Wendy’s Restaurant had occupied the site prior to the KFC/LJS before being destroyed by fire. In 2006, the City approved a special use permit to allow for a restaurant with a drive-through facility on the subject site for KFC/LJS. The ordinance that approved the special use had several conditions including approving a specific plan and requiring certain building materials and landscaping. The applicant is not proposing to change the general layout of the site, however proposed improvements to the building elevations, and adding new signage and landscaping requires an amendment to the existing special use permit. In addition, a variance is being requested to reduce the number of required parking spaces on the site. PZC030-16 Sonic SU,VAR, Site Plan - SR Page 2 of 8 III. DISCUSSION AND ANALYSIS Site Layout and Roadway Access The general layout of the site will remain and no changes are proposed to the existing access points off of Lincoln Highway. There is a one-way traffic flow around the building with vehicles entering the site at the eastern access point off of Lincoln Highway and exiting at the western access. Access can also be gained to the northeast portion of the site through a private parking lot that connects to Annie Glidden Road. The drive-through access and lane will remain and can accommodate over 5 vehicles. A pedestrian access is proposed to be added from the existing sidewalk along Lincoln Highway to the front of the building. Architectural Elevations The applicant is proposing changes to the building elevations to accommodate the new Sonic Restaurant. They have worked with staff and have added additional masonry materials to the building from their original submittal. The existing brick columns at the base of the building will remain and several areas of EIFS (dryvit) and tile on the building will be replaced with Kurastone material (stacked stone wall panels). Current Building Elevation- From Lincoln Highway PZC030-16 Sonic SU,VAR, Site Plan - SR Page 3 of 8  Proposed Elevations Signs Sonic will be keeping the former ground sign the KFC/LJS had and will be installing a new sign panel with the Sonic logo. The ground sign is 50 sq. ft. and nine foot in height and meets the standards of the UDO. Wall signage reflecting the Sonic brand will be added to the building and signage will be placed on the property directing vehicles in and out of the site and to the drive-through. Landscaping The existing landscaping on-site will remain and the applicant will be adding six trees on the site to be in further compliance with the UDO. The trees will be added along the east and west perimeter yards and to the north parking lot island. PZC030-16 Sonic SU,VAR, Site Plan - SR Page 4 of 8 Street and Parking Lot Lighting The developer has agreed to donate $5,000 to the City for the purpose of paying for a portion of the costs of future decorative lighting within the Lincoln Highway Right-of-Way. At the request of the Police Department, the applicant is proposing to add a parking lot light at the far north end of the site to increase the illumination for the northern parking area. The lighting on the site meets the standards of the UDO. Parking – Variance Request (Reduce the number of required parking spaces from 41 to 31). The parking formula, per the UDO, for fast food restaurants is one space for every two seats, plus one spaces for every employee on the maximum shift. The proposed floor plan provided indicates 70 seats (reduced from 80 seats with the KFC/LJS) with six employees on the maximum shift resulting in 41 required parking spaces. There are 31 existing spaces on the site and the applicant is proposing to maintain them. Four parking spaces at the north end of the parking aisle along the east side of the building will be turned into canopy stalls with the drive-in service islands. During the review of the KFC/LJS in 2006, the number of required spaces was just over 40 (based upon 80 seats) and the number of spaces provided on the plans was only 22. The staff and Plan Commission recommended a minimum of 30 parking spaces be provided on-site and the ordinance approving the special use stated as one of the conditions of approval “The number of parking spaces provided on-site is maximized as safely as possible”. Additional parking was added to the north end of the site and the total number of spaces increased to 31. City documents at that time recognized that the project was a redevelopment of a lot that was limited in size, with no opportunity to add parking spaces. As part of their variance petition submittal, the applicant submitted documentation to support the variance request. The applicant provided an exhibit showing an existing Sonic Restaurant that has 66 seats and 6 employees on the maximum shift that would result in 39 required spaces per our UDO requirements. The site has 20 parking spaces, which is 19 fewer than required if DeKalb’s’ standards were used. The applicant’s variance request is for 10 fewer parking spaces than required. IV. STANDARDS OF FINDING OF FACT FOR VARIATIONS The applicant is requesting a variance to reduce the number of required parking spaces from 41 to 31. The request has been reviewed using the criteria regarding variances stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. The proposed restaurant with drive-through will be locating on a site that previously contained the same use. The subject property is narrow and small for a restaurant with drive-through with no room for additional parking spaces. It is anticipated the subject site will have more drive-through traffic and walk up customers than a standard Sonic Restaurant. The applicant provided a site plan from a similar Sonic Restaurant that has PZC030-16 Sonic SU,VAR, Site Plan - SR Page 5 of 8 a larger gap between required and provided parking spaces than the subject site. The strict enforcement of the parking regulations on this narrow lot will impede the redevelopment of the property with a quick service restaurant. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The subject site has contained two previous fast food restaurants with a drive-through and the last tenant was allowed to have a reduction in parking via a special use permit approved by Ordinance No. 06-25. The existing conditions are not a result of the applicant, rather due to the characteristics of the lot and the past development of the property as a fast food restaurant with drive-through. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The subject property is narrow and small, however the previous restaurant with drive- through, approved via Ordinance No. 06-25, functioned in a manner that was not detrimental to the public health and safety. Being required to comply with the UDO would prevent the applicant from reusing the subject property since there is limited space to add parking spaces. 4. The denial of the proposed variance will deprive the applicant of the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. The other fast food restaurants with drive–trough’s along W. Lincoln Highway have larger lots than the subject property (.8 acres) including Popeye’s at 1.5 acres (shares parking with adjacent lot), Taco Bell at .86 acres and Culvers with 1.3 acres. Denial of the request will severely reduce the size of the dining room seating creating a site no longer viable for the use it was developed for. 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. The proposed variance relates to parking and will not affect the structure on the subject property. VII. CONCLUSIONS AND RECOMMENDATIONS The proposed amendment to the special use permit, variance request and site plan will allow the redevelopment of a former fast food restaurant with drive-through into the same use and will offer improvements to the site including the building, landscaping and lighting. Two separate actions are required by the Planning and Zoning Commission, a recommendation to the City Council regarding the special use permit and site plan, and PZC030-16 Sonic SU,VAR, Site Plan - SR Page 6 of 8 action on the parking variation request. Two sample motions are provided for the PZC’s consideration: Sample Special Use Permit and Site Plan 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 an amendment to a special use permit for a restaurant with drive-through approved via Ordinance No. 06-25, and approval of a site plan, as listed on Exhibit I, to allow for the development of a new restaurant with drive-through and subject to the following conditions: 1. A revised photometric plan shall be submitted indicating a new parking lot light along the northern portion of the subject property. 2. Within one year after approval of the special use permit, the applicant shall donate the sum of $5,000 to the City for the purpose of paying a portion of the cost of future decorative lighting within the Lincoln Highway Right of Way. Sample Variation Motion: Based on the submitted petition, testimony presented and findings of fact, I move that the Planning and Zoning Commission approve a variation to reduce the number of required parking spaces from 41 to 31 on the property subject to the following conditions: 1. The subject site is developed per the Site Plan (Sheet SP 1) prepared by Sonic Corp. dated 1-16-17. PZC030-16 Sonic SU,VAR, Site Plan - SR Page 7 of 8  Exhibit I Site Plan • Site Plan (Sheet SP1) prepared by Sonic Corp. dated 1-16-17 • Architectural Elevations prepared by Arc Vision, Inc. dated 1-17-17 • Landscape Plan (2 sheets) prepared by Arc Vision, Inc. dated 1-17-17 • Photometric Plan prepared by Sonic dated 12-30-16 • Sonic Ground Sign Detail Sheet prepared by Cook Sign and Service dated 1-16- 17 • Wall Sign Detail prepared by Sign Resource dated 8-20-15 • Directional Sign Detail prepared by Sign Resource dated 8-20-15 • Canopy Detail prepared by the Howard Company received on 1-13-17. 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