Planning & Zoning Commission

Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission June 21, 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. May 17, 2017 E. OLD BUSINESS F. NEW BUSINESS 1. Public hearing on a petition for a Special Use Permit for Littlejohn Elementary School (1121 School Street) to bring the site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom to the west of the existing school building. 2. Public hearing on City initiated miscellaneous text amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code. 3. Public hearing on a petition by Cademon Brewing Co. Inc. represented by Andrew Nordman for approval of a text amendment to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3 “Definitions” to add the use and a definition for “Micro-Distillery”; Article 5 “Zoning District Regulations” to add “Micro-Distillery” as a permitted use in the “GC” General Commercial District and the “CBD” Central Business District; Article 12 “Off-Street Parking, Loading and Storage Requirements” by establishing a minimum parking requirement for “Micro-Distillery”. G. REPORTS/ITEMS FOR NEXT MEETING H. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION May 17, 2017 The Planning and Zoning Commission held a Meeting on May 17, 2017 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the meeting to order at 6:00 PM. A. ROLL CALL Natalie Nelson called the roll. Members of the Planning and Zoning Commission present at roll call: Katharina Barbe, Vicki Buckley, David Castro, Matthew Crull, Deborah Nier, Jerry Wright, and Chair Christina Atherton. No members were absent. Elected official present was Mayor Jerry Smith. City staff present were Community Development Director Jo Ellen Charlton, Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Atherton requested a motion to approve the May 17, 2017 agenda as presented. M. Crull motioned to approve the agenda, K. Barbe seconded the motion, and the motion was approved by unanimous voice vote. C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) Jerry Smith, resident of 139 Buena Vista Drive and DeKalb’s Mayor Elect, introduced himself. He stated he would be meeting with each commission and board. He commended the Planning and Zoning Commission members for their attendance and willingness to serve the community and praised City staff who work with the Commission. Chair Atherton said she is proud to serve with the Commission members, and she thanked Mayor Smith for attending. D. APPROVAL OF MINUTES 1. April 26, 2017 – V. Buckley motioned to approve the minutes as presented, D. Castro seconded the motion, and the motion was approved by unanimous voice vote. E. OLD BUSINESS None F. NEW BUSINESS 1. Workshop regarding text amendments to the Unified Development Ordinance. Planning and Zoning Commission May 17, 2017 Page 2 of 8 DISCUSSION Principal Planner Dan Olson presented to the Commission proposed amendments to the Unified Development Ordinance (UDO). UDO Article 3 “Definitions” and Article 5 “Zoning District Regulations” Mr. Olson asked for feedback and direction for improving the regulations for Social Clubs and Banquet Halls. He reported that Municipal Code Chapter 32 “Business Regulations” addresses Social Clubs, including definitions and licensing regulations, one of which is a prohibition against having a liquor license. He stated that the UDO does not include Social Club as a permitted or special use in any zoning district. He noted a concern with the current language, a Social Club could be categorized as a Banquet Hall. He noted that Banquet Halls are a special use in LC and a permitted use in the CBD and GC districts. He asked the Commission consider the following: • Adding to a definition for Banquet Hall in Article 3, • Categorizing Banquet Hall as a special use in the CBD and GC districts, • Adding a definition for Social Club, similar to Chapter 32, • Categorizing Social Club as a special use in the GC district or any other zoning district the Commission desires. He stated an existing Banquet Hall would become legal non-conforming and subject to the provisions in Article 19 if the Commission approves the proposed amendments. D. Nier asked for clarification of the difference between a Banquet Hall and a Social Club. D. Olson responded that a Banquet Hall may obtain a liquor license, but a Social Club cannot. He noted that the Commission may add other differentiating criteria. D. Castro asked if a Banquet Hall currently exists. D. Olson responded that Faranda’s operates as a Banquet Hall in the CBD. He stated that creating a Banquet Hall definition is not intended to exclude existing establishments. He added Faranda’s would become a legal non-conforming use if the Commission moves it to a special use in the CBD district. V. Buckley asked if a Social Club currently exists and whether problems prompted the discussion. Director Charlton reported that a business claiming to be a Banquet Hall recently located downtown but actually operated more like a Social Club. She reported that the lack of clarity in the Municipal Code and the UDO prevented the City from regulating the business appropriately, which is the reason for the discussion. The differences between a Social Club and a Banquet Hall were further discussed. Director Charlton cited the Social Club definition in Chapter 32, which prohibits liquor of any kind under any circumstances. She reported that original intent for the Social Club category was for venues serving patrons under the age of 21, but the Banquet Hall category is for venues serving all ages. She stated that a Banquet Hall is typically a meeting place rented for a specific event while a Social Club provides regular  Planning and Zoning Commission May 17, 2017 Page 3 of 8 entertainment like a bar, but without alcohol. She noted that the City met recently with NIU students, and they requested more liquor-free venues and events. D. Nier suggested that a Social Club’s primary purpose is to host entertainment while a Banquet Hall’s primary purpose is to host special events and meetings that serve food. K. Barbe asked if fraternal organizations are categorized as Banquet Halls since they are allowed to serve liquor and rent out their facilities for special events. Director Charlton responded that they are a different category in the UDO, and renting out their facilities for special events is considered an accessory use, not a primary use. M. Crull recommended carefully crafting language for each category’s definition to include a list of criteria and the number of items that must be fulfilled for each category. He suggested designating the number of events during a certain period might be a useful for differentiating between a principal use and an accessory use. V. Buckley suggested that the definition for Social Clubs might specifying that patrons under the age of 21 are permitted. J. Wright asked if fraternal organizations are categorized as Social Clubs. Planner Olson responded that they are not; they are categorized as Clubs, Lodges, and Meeting Halls in the UDO. J. Wright asked how the proposed revisions will affect the Social Club that prompted the discussion. Director Charlton responded that the business owners have already ceased operation at the current location for a variety of reasons. J. Wright asked if the CBD district is the only one under discussion. Planner Olson responded that Banquet Halls are a permitted use in the CBD district and a special use in the LC district. He recommended Social Clubs be a special use in the GC district where zoning regulations for lighting, visibility, and sufficient parking are more easily met. He stated that the LC district is often closer to residential uses and not suitable for the use and the LI district does not usually provide adequate visibility and parking. Planner Olson reiterated that Faranda’s will not be affected if the Commission decides Banquet Hall should remain a permitted use in the CBD district. Chair Atherton asked if a Banquet Hall was denied a liquor license could it operate as a Banquet Hall without a liquor license. Director Charlton responded that liquor license approval is treated separately from zoning. She did not recommend including liquor license approval in the Banquet Hall definition. She said she would consult with the City Attorney for guidance about including liquor license regulations in the Social Club definition. V. Buckley asked for the chronology of liquor license and zoning approval. Planner Olson responded that both applications can be submitted at the same time, but they are considered separately initially. When presented to the City Council for final approval, they are usually presented at the same meeting. Planning and Zoning Commission May 17, 2017 Page 4 of 8 Article 14 Permits and Article 18 Appeals and Variances Planner Olson explained that for each Special Use, Rezoning, and Variance petition, the City requires public notification in the newspaper and letters to surrounding property owners. The City currently prepares and publishes the notice in the newspaper and mails the notice to property owner. Mr. Olson asked the Commission to consider approving the following procedural changes to reassign these tasks to applicants: • Notice of Public Hearing: Applicants would arrange and pay for the newspaper to publish their notices; City staff would continue to draft the text of the notices. • Property Owner Notification Letters: Applicants would print and pay the postage for the property owner notification letters; City staff would continue to review the address list, draft the text of the letters and provide the map(s) to be included in the letters. Director Charlton added that many municipalities already require applicants to perform these tasks, which protects the City from liability if a public hearing is delayed or if notification is questioned, and it will save City staff time and money. Chair Atherton asked what happens if an applicant does not publish a notice on time. Planner Olson responded that the applicant would receive instructions from the City for publishing the public notice and provide a copy of the certification of publication provided by the newspaper. The applicant will also sign an affidavit attesting to when and to whom the property owner notification letters were mailed. He stated that the City will inform the applicant of the deadlines that must be met, but if the applicant does not meet them, the hearing would need to be rescheduled, and the applicant would need to republish the notice and re-mail the letters. Planner Olson also asked the Commission to consider removing the requirement to include property legal descriptions in the notices, which state law no longer requires to be included, as long as a property’s common address and PIN is provided. He noted that the cost of publishing and mailing the notices for applicants will be less if lengthy legal descriptions are omitted. Article 20 Amendments Planner Olson stated that currently only the Planning and Zoning Commission and City Council can initiate petitions for text amendments and zoning map (rezoning) amendments. He asked the Commission to consider allowing City staff to initiate these petitions as well, which would speed up the hearing and approval processes. He noted that the public hearing process would continue to occur. In addition, he asked for approval of the following provisions: • If anyone other than City staff initiates a text amendment petition, that person would be responsible for the public hearing notice publication; City staff would continue to draft the notice text. • If anyone other than City staff initiates a zoning map (rezoning) amendment, that person would be responsible for printing and mailing the property owner notification letters; City staff would continue to draft the letter text, review the address list, and provide the timeline.  Planning and Zoning Commission May 17, 2017 Page 5 of 8 He added that City staff would provide instructions and deadlines for the applicant, and the applicant would be required to sign an affidavit indicating the mailing was performed and a copy of the notification letter was sent to the City. D. Nier asked if there are disadvantages to these proposed amendments. Planner Olson responded that if the City oversees these processes, he anticipates no problems. He stated that it is possible but very unlikely for an applicant to make a mistake discovered afterwards. Mr. Olson assured the Commission that City staff would continue to help first-time applicants with each step of the process. D. Castro asked how much the notices cost the City. Planner Olson replied that the cost of publishing the notice varies depending on the length of the legal description, and the cost sending the letters varies depending upon the number of properties within 250-foot of the subject property. Director Charlton added that omitting the legal description in the newspaper notice and the letters will make them shorter and less expensive for applicants. D. Castro also voiced concern about relying upon the applicants to perform these tasks, especially ones unfamiliar with the process who are more likely to make a mistake. Planner Olson responded that the City would provide detailed instructions and provide help to the applicant whenever necessary. He added that he worked in a community where applicants performed these same tasks without significant difficulty. Director Charlton acknowledged that big developers have more experience than homeowners. She reported that City staff meets more frequently with less experienced applicants to ensure the process moves along smoothly. Mr. Planner Olson agreed that the City would continue to provide oversight to ensure completion of each step. Chair Atherton recommended that the City provide to applicants a document that outlines the process and a checklist and make it available online as well. V. Buckley related her experience in Ft. Lauderdale, Florida, where online documents and processes were available to applicants, who had no difficulty with the processes. Chair Atherton voiced concern about applicants having difficulty. Planner Olson explained that only the responsibility for delivery and payment for these items would change. The City would still draft the text to ensure the language is accurate. M. Crull recommended staff to put in place a vigorous verification process to ensure no property owner is excluded from the mailing. He asked how the City would address a complaint that someone had been excluded from the mailing. Planner Olson responded that the likely course of action would be to continue the hearing to a later date, with publication of an updated public meeting notice and mailing of updated letters. Director Charlton added that the burden would be placed upon the complaining party to provide evidence of being harmed by not receiving the notice letter. Planning and Zoning Commission May 17, 2017 Page 6 of 8 M. Crull asked for clarification of how the City would confirm a mailing was performed. Planner Olson responded that the applicant’s signed affidavit with the list of addresses will be sufficient. Director Charlton added that the applicant would also mail the letter to the City, which will postmarked. Article 19 Non-Conforming Situations – Non-conforming Use of a Building Planner Olson ask the Commission to consider amending the UDO requirement that a nonconforming use of a building be discontinued upon change of ownership, use, or tenancy. He stated that the City does not receive notification prior to a change of ownership on properties, so this is difficult to enforce. He recommended retaining the requirement for nonconforming uses to discontinue upon change of use or tenancy or if the nonconforming use is discontinued for more than six months. Director Charlton added that this problem arises often when a single-family residential zoned property with a nonconforming two-flat changes ownership. She reported that the new owner has two options: (1) to discontinue the two-unit use or (2) petition for rezoning. She noted that the City does not require a property transfer stamp, so 90% of property ownership changes go unnoticed by the City. Chair Atherton recalled when the Commission discussed if a restaurant’s nonconforming patio would be allowed to continue to be used if a new owner purchased the restaurant. She also recalled when the Commission decided that a nonconforming two-unit home was not allowed to continue to be used by a new owner. D. Castro asked if allowing nonconforming uses to continue after a sale would prevent neighborhoods from moving toward the goal of conformity with the UDO. He stated that his neighbors want nonconforming two-units in his neighborhood to revert to single- family homes. He stated that allowing new owners to inherit a legal nonconforming status may not be beneficial to the City. He suggested that better tracking of property sales, which is public information, could help the city enforce nonconforming use regulations. Planner Olson responded that property sales are public information after a sale is final, and it would not be ideal to notify a new owner of the requirement to end a property’s nonconforming use after the fact. D. Nier suggested that allowing a nonconforming uses to continue after a sale conflicts with the Comprehensive Plan’s goal to remove undesirable and incompatible land uses. She voiced concern that grandfathering nonconforming uses as legal for new owners could be detrimental to surrounding properties. D. Castro suggested that if the City does not enforce the regulation for nonconforming uses to revert to conforming uses, the whole City could become legal nonconforming. Director Charlton stated that the best means to enforce the regulation of nonconforming uses would be to institute a property transfer stamp, which the Commission could discuss with the City Council.  Planning and Zoning Commission May 17, 2017 Page 7 of 8 D. Nier noted that other municipalities require a transfer stamp, but it is not a popular discussion. She added that if even 1% of properties sold with nonconforming uses are reverted to conforming uses, the regulation can be considered successful. V. Buckley said that many homes in her neighborhood were divided into multiple units long ago, and requiring new owners to renovate these back into single-family may be difficult. Director Charlton reported that bank and insurance agents frequently contact the City to ask if a nonconforming building is destroyed can it be rebuilt as it is today. She explained that extensive supporting documentation from the owner would be necessary to confirm if a nonconforming use were legally established. She added that many new owners are unaware they have purchased properties with nonconforming uses, and they are unhappy when they call the City for assistance to learn they must discontinue nonconforming uses. D. Castro stated that some real estate agents educate buyers about nonconforming use regulations while others are motivated to make sales without regard to those regulations. V. Buckley asked if legal nonconforming properties are currently a big problem or if the City is looking forward to possible future issues. Planner Olson responded that it is hard to tell how many nonconforming uses continue after ownership changes, but the City does receive many phone calls asking if they are allowed. He noted the RC-1 zoning district allows nonconforming uses to continue provided the designated land use category allows it, but single-family zoning districts currently require multi-unit uses be discontinued upon change of ownership. Director Charlton added that tracking illegal nonconforming uses is also a challenge. She explained that illegal uses are never transferrable to new owners. She reported that the City often becomes aware of illegal uses when buyers ask the City if building permits were issued for the renovations that created additional units. She explained that the burden is upon the property owner to prove a nonconforming use is legal. If no proof exists, owners must discontinue illegal uses and make the property comply with zoning regulations. V. Buckley asked if current property owners are creating new nonconforming uses. Planner Olson responded that these are hard to track unless an owner applies for rezoning or a permit. Director Charlton added that when the City discovers new nonconforming or illegal uses, the City cites owners for code violations and instructs them they must discontinue the nonconforming uses and bring the properties back into compliance. V. Buckley asked if the City approves new legal nonconforming uses. Planner Olson responded that the City is not normally aware when a new nonconforming use is created. Director Charlton added that the City does not grant legal nonconforming uses, but a property owner may apply to rezone the property. Planning and Zoning Commission May 17, 2017 Page 8 of 8 Director Charlton reported that the City recently became aware of an illegal nonconforming dwelling above a garage. A former property owner obtained a building permit to construct a new garage with storage space above. Years later, when a new property owner applied for a building permit to perform work in the unit above the garage, the City informed him that it was an illegal use and required him to discontinue using it. All Articles of UDO Planner Olson reported that current positions, titles, departments, commissions, and the name of the Kishwaukee Water Reclamation District should be updated in the UDO. G. REPORTS / ITEMS FOR NEXT MEETING Upcoming Commission meetings • June 7 – No hearings are scheduled, but a meeting may be necessary. • June 21 – Public hearing on proposed UDO text amendments. City Council action • May 8 – Mobil gas station proposed at N. First St. and Hillcrest Dr. I. ADJOURNMENT K. Barbe motioned to adjourn, V. Buckley seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 7:11 PM. Respectfully Submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on .  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT June 16, 2017 TO: DeKalb Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Special Use Permit for a Public School and Modular Classroom – 1121 School St. (Littlejohn Elementary School) I. GENERAL INFORMATION A. Purpose Approval of a Special Use Permit for a Public School to bring the site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom just to the west of the existing school building B. Location/Size 1121 School St./11.11 acres C. Petitioner DeKalb Community School District 428 D. Existing Zoning SFR2 Single Family Residential District. E. Existing Land Use Public Elementary School F. Proposed Land Use Public Elementary School – Addition of modular classroom G. Surrounding Zoning and Land Use North: SFR2– Single-Family Residential South: SFR2– Single-Family Residential East: SFR2– Single-Family Residential West: SFR2– Single-Family Residential H. Comprehensive Plan Designation Institutional II. APPLICANT'S REQUEST The applicant, DeKalb Community School District 428 (School District) , is requesting approval of a special use permit for a public school to bring the subject site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom (mobile classroom) just to the west of the existing school building III. BACKGROUND AND ANALYSIS The School District would like to add a 70’ x 24’ mobile classroom just to the west of Littlejohn Elementary School building and just south of the hard surfaced play area. In the “SFR2” Single- Family Residential District, public schools are a special use. There are no records indicating that Page 2 of 8 the school was issued a special use permit for the site. The school was constructed in 1954. An Illinois Supreme Court case in 2015 ruled that school districts must comply with local zoning laws. In August, 2016 the State passed Public Act 99-0890, which makes clear that Illinois public school districts are subject to local government zoning ordinances. Littlejohn Elementary School has about 450 students in grades K-5. Due to growth in enrollment, the school needs additional space inside the existing building for a fifth grade classroom. In addition, the school needs more space for student support meetings and breakout areas. The new modular classroom will provide space for the current music room and media center which will allow room needed inside the building for the fifth grade classroom and additional support areas. The School District is indicating that based upon projected growth, they will need the modular classroom for three (3) years. Per Illinois law, the Regional Office of Education (ROE) issues all building permits and conducts inspections for public school facilities. The modular classroom will not require a building permit or an inspection from the City. The ROE has received an Application for Approval for Use of New Temporary Facility from the School District for the classroom. The ROE is in the process of receiving a building permit application from the School District to lay the foundation and construct the mobile classroom. The School District plans on placing the mobile classroom on the site in early August and will be ready when school starts on August 23rd. The mobile classroom will be located parallel and just to the south of the hard surfaced play area west of the school building. A site plan is provided indicating the location of the classroom. A previous mobile classroom was located in the same place and was moved to Lincoln Elementary Page 3 of 8 School a few years ago. The classroom will be constructed of a wood based siding product and will be Hampton Gray in color. An image of the proposed classroom is provided in the packet. The School District has provided updated parking requirements for the site. Based upon the parking formula in the UDO, there are 62 required parking spaces required and there are currently 72 spaces on the site with 3 handicap spaces. Citizen Response Forms indicating their support for the request were received from Lawrence and Dorothy Knudson of 143 Oak Dr., Dennis Martha of 147 Oak Dr., and a response from Tom Kedzie of 1321 N. 14th St. indicating support of the proposal if it won’t raise property taxes. View from School Street Looking North IV. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The school has been located on the subject property since the 1954. The subject property is zoned “SFR2” Single-Family Residential, which requires a special use for public school buildings. There are no records indicating that a special use permit was issued for the property. Granting of the special use will bring the site into compliance with the UDO. The proposed mobile classroom will meet all setback and other zoning requirements of the “SFR2” District and the UDO. Page 4 of 8 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on the adjacent properties or land uses. An elementary school has existed on the site since the 1950’s. The proposed modular classroom will be situated at a location that meets all zoning requirements and formerly contained a mobile classroom that was not injurious to the surrounding neighborhood. A photometric plan will be required to be submitted reflecting additional lighting along the west side of the school building and near the hard surfaced play area and proposed modular classroom. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The special use will not dominate the immediate area and will not prevent development on the neighboring properties. The surrounding areas is already developed with single-family residential uses and the school has existed on the site since 1954. The mobile classroom will be located in area that previously contained a mobile classroom and meets the requirements of the UDO. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate public services are already provided to the subject site. The appropriate utilities will be provided to the mobile classroom and additional lighting will be added to the area between the school building and mobile classroom. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. A mobile classroom was formerly situated in the same location as the one proposed and operated in a manner that was compatible with the surrounding area. The mobile classroom will allow the school district to serve the educational needs of the community, which promotes the public health, safety and general welfare of the City. Page 5 of 8 V. CONCLUSIONS AND RECOMMENDATIONS Staff would recommend approval of the special use request, which will allow the site to be brought into compliance and allow the approval of the modular classroom. The special use will be incompliance with the UDO and will not be detrimental to the surrounding area. Sample Special Use Permit 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 Special Use Permit for a Public School on the subject property in order to bring the site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom just to the west of the existing school building, subject to the conditions listed on Exhibit A. Page 6 of 8  Exhibit A The modular classroom shall be located in the area as indicated on the Site Plan dated June 15, 2017, prepared by Richard L. Johnson Associates and labeled as Exhibit B. The modular classroom may remain on the subject site in the location as shown on Exhibit B for no more than three (3) years of the date of approval of the Ordinance granting the Special Use Permit. A photometric plan indicating additional lighting along the west side of the school building and near the hard surfaced play area and proposed modular classroom shall be submitted reflecting compliance with the Unified Development Ordinance within 30 days after approval of the Ordinance granting the Special Use Permit. All trash dumpsters on the subject site shall be screened per the provisions of Article 7.11 of the Unified Development Ordinance within 60 days after approval of the Ordinance granting the Special Use Permit. Page 7 of 8 EXHIBIT B June 1, 2017 Dear Property Owner: The DeKalb Planning and Zoning Commission will consider a request on a petition by DeKalb Community School District 428 for approval of a Special Use Permit to bring the subject site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom just to the west of the existing school building for the 11.11 acre site located at 1121 School Street (Littlejohn Elementary School) in DeKalb, IL 60115. The DeKalb Planning and Zoning Commission will review the request and hold a public hearing at its regular meeting on Wednesday, June 21, 2017 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, you are encouraged to attend this meeting to learn about and comment on the proposal. You are also welcome to submit any written comments you may have on the proposal no later than Wednesday, June 14, 2017. You may submit written comments regarding the request on the enclosed comment sheet by mail to the address listed above, or by e-mail to dan.olson@cityofdekalb.com. All comments will be shared with the Commission and included in the public record. If you have any questions about this request, please feel free to contact the Community Development Department at (815) 748-2060. Sincerely, Dan Olson Principal Planner Enclosures CC: Mayor City Council City Manager Planning and Zoning Commission Applicant Littlejohn Elementary School – Special Use Permit – 1121 School Street Page 2 of 4 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 Wednesday, June 21, 2017, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by DeKalb Community School District 428 for approval of a Special Use Permit to bring the site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom just to the west of the existing school building for the subject site located at 1121 School Street (Littlejohn Elementary School), zoned “SFR2” Single Family Residential District. The property is commonly described as 1121 School Street, DeKalb, IL 60115 and has a Parcel Identification Number (PIN) of 08-14-453-037. 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, June 14, 2017. Further information is available from the Community Development Department, (815) 748-2060. Christina Atherton, Chairman DeKalb Planning and Zoning Commission Page 4 of 4  City of DeKalb Planning and Zoning Commission Staff Report DATE: June 16, 2017 TO: Planning and Zoning Commission Members FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner SUBJECT: Discussion - Text Amendments to the Unified Development Ordinance GENERAL INFORMATION: At the May 17th Planning and Zoning Commission (PZC) meeting, the Commission discussed various miscellaneous text amendments to the UDO. The amendments were to Article 3 “Definitions” to add the use and a definition for “Banquet Hall” and for “Social Club”; Article 5 “Zoning District Regulations” to add “Social Club” as a special use in the “GC” General Commercial District; Article 19 “Non-Conforming Situations” to remove the ownership requirement for a legal non-conforming use of a building or structure, Articles 14 “Permits”, 18 “Appeals and Variances”, and 20 “Amendments” to modify the language regarding the legal description of public hearing notices, who can initiate amendments, and requiring applicants to publish and mail public hearing notices; and Articles 1-20 to correct references to appointed bodies, City departments and personnel. A legal notice was prepared setting a public hearing date of June 21st in front of the PZC and the notice was published in the newspaper on June 3rd. REVIEW AND ANALYSIS: Article 3 “Definitions” and Article 5 “Zoning District Regulations” – Social Clubs and Banquet Halls Chapter 32 “Business Regulations” of the Municipal Code has provisions for Social Clubs, which was added to the Code in 2014 (see attached Chapter in packet).The Chapter includes a definition and licensing procedures. However, Social Club is not listed in the UDO as a permitted or special use in any zoning district. There are potential issues and conflicts with classifying a Social Club PZC073-16 under one of the uses currently listed in the UDO. Banquet Halls is a use that could encompass a Social Club, however there is no definition for Banquet Halls in the UDO either. Banquet Halls are currently listed as a special use in the “LC” Light Commercial District and a permitted use in the “GC” General Commercial District and the “CBD” Central Business District. A definition for Banquet Hall has been drafted that clearly distinguishes itself from Social Clubs. Other municipalities zoning ordinances were reviewed for sample language. The proposed definition for Banquet Hall states “An establishment which is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, business promotional events and similar celebrations. A Banquet Hall is not open to the public and the use is therefore restricted to the invitees of the party contracting for the use of the facility. Such use may or may not include: kitchen facilities for the preparation or catering of food; the sale of alcoholic beverages for on premise consumption only during scheduled events; and/or outdoor gardens or reception facilities. A Banquet Hall shall not include a Social Club as defined in the Municipal Code”. The definition for Social Club states that they are open to the public and cannot have a liquor license. In addition, the proposed definition for Banquet Hall includes a statement that it shall not include a Social Club. The definition for “Social Club” in Article 3 is referenced back to the existing definition in the Municipal Code. With a clear distinction between the definitions for “Banquet Hall” and “Social Club”, we would recommend that Banquet Halls remain a permitted use in the “GC” General Commercial District and the “CBD” Central Business District. We would also recommend that Social Clubs be added to the UDO as a special use in the “GC” General Commercial District, which has properties containing better parking, visibility and lighting than other areas. Article 14 Permits and Article 18 Appeals and Variances The current regulations require the Community Development Director to publish a notice for a special use permit or variance request in the newspaper and send it to the property owners within 250 feet of the subject site. We are proposing that Article 14 and 18 be amended so that the applicant who initiates a special use permit or variance request be responsible to publish the hearing notice in the newspaper and send the notice to property owners within 250 feet of the subject site. The City staff will still draft the public hearing notice, but the applicant will be responsible to submit it to the newspaper and mail it to surrounding property owners and will therefore be responsible for the cost of publication and mailing. To verify the property owners were mailed a notice by the applicant, we will require an affidavit be signed by the applicant indicating the mailing was performed. State law allows for a public hearing notice for a special use permit or variance need not include a metes and bounds legal description of the area provided the notice includes: 1) the common street address or addresses and 2) the property index number (“PIN”) or numbers of all the parcels of the area. We are proposing Page |2 language be added to the Article to allow this as an option for public hearing notices. Article 19 Non-Conforming Situations Article 19.05 provides regulations for non-conforming uses located in buildings and structures (Article 19 provided in packet). One of the regulations states “When a non-conforming use of a building or structure changes ownership, use or tenancy, the legal non-conforming use must be discontinued”. The UDO does require a Certificate of Use and Occupancy to be issued by the City prior to the use or occupancy in a newly constructed building, altered building or change in a building, or of a property. We do not, however, have a good way to track changes of ownership of property if nothing else changes on the site. The City receives many inquiries regarding non-conforming situations as it relates to residential properties with four (4) units or less. We propose that Article 19.05 be amended to keep the requirement that a legal non-conforming use of a building or structure must be discontinued if a change of ownership occurs, but to exempt residential properties where there are no more than four (4) dwellings. This will allow the provision to stay in place for larger residential developments and commercial properties. The language also lessens the concerns the Commission had regarding losing the ability to turn non- conforming situations into conforming ones. We would recommend that changes in use or tenancy remain in the language as they can be tracked by the Certificate of Use and Occupancy. An amendment to Article 19.03 is also proposed that would require that changes in the ownership, use or tenancy of a non-conforming use of a parcel, on which no building exist, will require compliance with the UDO. Article 20 Amendments Text Amendments The current regulations allow text amendments to be initiated by the City Council or the Planning and Zoning Commission, or which may be initiated by them in response to a request by any City Board or staff member. We are proposing that language be added to allow staff to initiate text amendments. Any amendment would still require a public hearing in front of the Commission and final approval by the City Council. This amendment could potentially reduce the time to have a text amendment approved through the process. Text Amendments may also be initiated by any other person as long as an application and filing fee is submitted. A text amendment is required to be published in the newspaper at least 15 days prior to the public hearing. We would propose the language be amended to require that if any other person initiates a text amendment (beyond the City) that they publish the notice in the newspaper. The City staff will still draft the public hearing notice, but the applicant will be required to submit it to the newspaper and will therefore be responsible for the cost of publication. Page |3 Map Amendments The vast majority of map amendments (re-zoning) are initiated by the property owner. As with the text amendments, proposed map amendments can also be initiated the City Council or the Planning and Zoning Commission, or which may be initiated by them in response to a request by any City Board or staff member. We are proposing that language be added to allow staff to initiate map amendments also. Any amendment would still require a public hearing in front of the Commission and final approval by the City Council. We are also proposing that the applicant who initiates a map amendment request be responsible to publish the hearing notice in the newspaper and send the notice to the property owners within 250 feet of the subject site. The City staff will still draft the public hearing notice, but the applicant will be required to submit it to the newspaper and mail it to surrounding property owners and will therefore be responsible for the cost of publication and mailing. To verify the property owners were mailed a notice by the applicant, we will require an affidavit be signed by the applicant indicating the mailing was performed. State law allows that any public hearing notice for map amendments need not include a metes and bounds legal description of the area provided the notice includes: 1) the common street address or addresses and 2) the property index number (“PIN”) or numbers of all the parcels of the area proposed for the map amendment. We are proposing language be added to the UDO to allow this as an option for public hearing notices. All Articles of UDO Correct references to appointed bodies, City departments and positions have been updated. For example, the Planning and Zoning Commission is referenced as the Plan Commission in several areas of the UDO. The Department of Planning should be replaced with the Community Development Department. The DeKalb Sanitary District recently changed their name to the Kishwaukee Water Reclamation District and their reference in the UDO should be updated. Other updates were also included. RECOMMENDATION: Sample Motion: Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council approval of text amendments to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3 “Definitions”; Article 5 “Zoning District Regulations”; Article 14 “Permits”, Article 18 “Appeals and Variances”, Article 19 “Non-Conforming Situations”, Article 20 “Amendments”; and Articles 1-20 to Page |4 correct references to appointed bodies, City departments and personnel as indicated on the attached Exhibit A. Page |5  EXHIBIT A Text amendments to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: ARTICLE 3 DEFINITIONS Article 3 “Definitions” to add the use and a definition for “Banquet Hall” to include the following: Banquet Hall – An establishment which is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, business promotional events and similar celebrations. A Banquet Hall is not open to the public and the use is therefore restricted to the invitees of the party contracting for the use of the facility. Such use may or may not include: kitchen facilities for the preparation or catering of food; the sale of alcoholic beverages for on premise consumption only during scheduled events; and/or outdoor gardens or reception facilities. A Banquet Hall shall not include a Social Club as defined in the Municipal Code. Article 3 “Definitions” to add the use and a definition for “Social Club” to include the following: Social Club: (see definition in Municipal Code). ARTICLE 5 ZONING DISTRICT REGULATIONS Article 5, “Zoning District Regulations”, Subsection 5.08.03 to add “Social Club” as a special use in the “GC” General Commercial District.  ARTICLE 19 NON-CONFORMING SITUATIONS Article 19 “Non-Conforming Situations”, Subsections 19.05 and 19.09 to modify the requirement that a legal non-conforming use of a building or structure must be discontinued if a change in ownership occurs and that changes in the use or tenancy of a non-conforming use of a parcel, on which no building exist, must be brought into compliance with the UDO. 19.03 Non-Conforming Uses of Lots Where, on the date of adoption or amendment of this Ordinance, a lawful use of a parcel or lot, on which no buildings exist, no longer conforms to the provisions of this Ordinance or amendment thereto, such principal use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such non-conforming use of a parcel or lot shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Ordinance and no additional accessory use, building or structure shall be established thereon. 2. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this Ordinance or amendment thereto or to a parcel or lot not in conformance with this Ordinance. 3. When a non-conforming use of a parcel or lot is discontinued or abandoned for more than six (6) months (except where government action prevents access to the premises), the parcel or lot shall not thereafter be used except in conformance with the regulations of the district in which it is located. 4. When a non-conforming use of a parcel or lot changes ownership, use or tenancy, the legal non-conforming use must be discontinued. 19.04 Non-Conforming Buildings and Structures Where, on the date of adoption or amendment of this Ordinance, a lawful building or structure exists that could not be built under the regulations of this Ordinance, or amendment thereto, by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, off-street parking, loading spaces and setbacks, or other characteristics (other than use), such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:  1. Such building or structure may be enlarged, expanded, extended, or altered only if such building or structure modification conforms to the requirements of this Ordinance and does not expand any dimensional nonconformity. 2. Should any such building or structure be damaged by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this Ordinance. 3. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved. 19.05 Non-Conforming Uses of Buildings and Structures Where, on the date of adoption or amendment of this Ordinance, a lawful use of a building or structure exists that is no longer permissible under the regulations of this Ordinance or amendment thereto, such use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. An existing building or structure shall not be enlarged, constructed, reconstructed, moved or structurally extended or altered except to change the use of such building or structure to a use permitted in the district in which such building or structure is located. 2. Although an existing non-conforming use may continue, except as hereinafter limited, it may not be changed to another use, except to a use of the same or of a less intense nature, or a use permitted in the district in which it is situated. 3. When a non-conforming use of a building or structure is discontinued or abandoned for more than six (6) months (except where government action prevents access to the premises), the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. 4. When a non-conforming use of a building or structure changes ownership, use or tenancy the legal non-conforming use must be discontinued, except in residential properties where there are no more than four (4) dwelling units. 19.09 Change of Tenancy or Ownership Provided there is no change in the nature or character, extent or intensity of such non- conforming use, building or structure (other than signage), there may be a change of tenancy, ownership or management of an existing non-conforming use, building or structure, except as provided in Articles 19.03, 19.04 and 19.05. Articles 14 “Permits”, 18 “Appeals and Variances”, and 20 “Amendments” to modify the language regarding the legal description of public hearing notices, who can initiate amendments, and requiring applicants to publish and mail public hearing notices. ARTICLE 14 PERMITS 14.03 Special Use Permit 14.03.04 Public Notice Requirement 1. The Director of Community Development shall be responsible that notice of the time, date, and place of required public hearing, along with a legal description of the property that is the subject of the public hearing, be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper having general circulation in the City of DeKalb. The Director of Community Development Director or designee shall be responsible for preparing a public hearing notice providing the time, date, and place of the required public hearing, along with a summary of the request and legal description of the property that is the subject of the hearing. The public hearing notice required by this section does not need to include a metes and bound legal description of the area proposed for the special use if the notice includes a common street address or addresses and the property index number (PIN) or numbers of all the property proposed for the special use. The applicant shall publish the public hearing notice at least once in a newspaper having general circulation in the City of DeKalb not more than thirty (30) nor less than fifteen (15) days before the hearing date. 2. The Community Development Director applicant shall mail a notice of the public hearing to those property owners whose names are furnished by the applicant within two-hundred fifty (250) feet of the subject property. Notice of the public hearing shall also be mailed to all applicable governmental agencies, including but not limited to: School District, Park District, Sanitary DistrictDeKalb Water Reclamation District, Drainage District, and the Soil and Water Conservation District. 3. The Director of Community DevelopmentCommunity Development Director may require the applicant to erect a sign or signs on the subject property not less than fifteen (15) days before the scheduled public hearing by the Plan CommissionPlanning and Zoning Commission. The sign(s) shall have on their surface a notice that the property is to be the subject of a public meeting and shall not be removed until the City Council has taken final action on the special use permit. There shall be one (1) sign erected for every public street frontage and it shall be clearly visible from the adjacent or nearest public rights-of-way.  All signs shall be furnished by the City after receiving from the applicant any appropriate deposits. The deposits shall be returned to the applicant upon the timely return of the sign or signs in good condition. ARTICLE 18 APPEALS AND VARIANCES 18.03 Variances 18.03.01 Hearing Required. No variation shall be made by the Board of Appeals except after a public hearing of which notification of time and place of the hearing shall be provided in the following manner: 1. At the time of submitting an application for a variance, the applicant shall furnish to the City a list of owners and their mailing addresses of all property within two-hundred fifty (250) feet of the property that is the subject of the proposed variance. This distance shall be measured in all directions from the boundaries of the subject property and shall not include distances devoted to adjoining or nearby public rights-of-way. In all instances, the furnished list shall include the names and addresses of a minimum of ten (10) property owners. Should the two-hundred fifty (250) foot notification area not result in list of ten (10) property owners, then the notification area shall be appropriately expanded until this minimum has been met. In expanding the notification area, preference shall be given towards those properties comprised of urban-sized lots or in areas most likely to be affected by the proposal. 2. The City shall have published in a newspaper having general circulation in the City of DeKalb a notice of the public hearing. Said publication shall appear not less than fifteen (15) days nor more than thirty (30) days prior to the scheduled public hearing and shall contain the time, date, location, and purpose of the public hearing and a legal description of the property that is the subject of the public hearing. The Director of Community Development Director or designee shall be responsible for preparing a public hearing notice providing the time, date, and place of the required public hearing, along with a summary of the request and legal description of the property that is the subject of the hearing. The public hearing notice required by this section does not need to include a metes and bound legal description of the area proposed for the variance if the notice includes a common street address or addresses and the property index number (PIN) or numbers of all the property proposed for the variance. The applicant shall publish the public hearing notice at least once in a newspaper having general circulation in the City of DeKalb not more than thirty (30) nor less than fifteen (15) days before the hearing date. 3. The City applicant shall mail a notice of the public hearing to those property  owners whose names are furnished by the applicantwithin two-hundred fifty (250) feet of the subject property. The City shall also mail a nNotice of the public hearing shall be mailed to all applicable governmental agencies, including but not limited to: School District, Park District, Sanitary DistrictDeKalb Water Reclamation District, Township, Drainage District and Soil and Water Conservation District. ARTICLE 20 AMENDMENTS 20.03 Text Amendments 20.03.01 Initiation of Text Amendments Text amendments may be initiated by the City Council or the Plan CommissionPlanning and Zoning Commission, or which may be initiated by them in response to a request by any City Board or staff member. A text amendment may also be requested by any other person provided an appropriate application for such is submitted in accordance with this section. 20.03.03 Public Notice Requirement The Community Development Director shall be responsible that notice of the time, date, and place of the required public hearing be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper having general circulation in the City of DeKalb. The Director of Community Development Director or designee shall be responsible for preparing a public hearing notice providing the time, date, and place of the required public hearing, along with a summary of the request. The applicant shall publish the public hearing notice at least once in a newspaper having general circulation in the City of DeKalb not more than thirty (30) nor less than fifteen (15) days before the hearing date. 20.04 Map Amendments (Rezoning) 20.04.01 Initiation of Map Amendments Map amendments may be initiated by the City Council or the Plan CommissionPlanning and Zoning Commission, which may be in response to a request by any City bBoard or staff member. A map amendment may also be requested by the owner(s), or authorized representative(s) of the owner(s), of property within the area subjected to the proposed map amendment provided an appropriate application for such is submitted in accordance with this section. 20.04.02 Application for Map Amendment 1. A request for a Map Amendment, or change of zoning, is called a petition to rezone and is filed with the City ClerkCommunity Development Department. The application form for a petition to rezone is available from the Department of PlanningCommunity Development Department. In addition to submitting the completed application, the petitioner shall be required to submit the following information: a. Legal owners of the property(s) to be rezoned. If the property is held in an Illinois Land Trust, a Statement of Beneficiary Interest is also required; b. Legal Description of the property(s) to be rezoned; c. Common street address of property(s) to be rezoned; d. Size of property (in square feet or acres); e. Current zoning of property; f. Requested zoning of property; g. Narrative description of the reasons for requested rezoning; h. Estimated impact of rezoning on surrounding neighborhood; I. Vicinity map showing the area to be rezoned; 20.04.03 Public Notice Requirement 1. The Community Development Director shall be responsible that notice of the time, date, and place of the required public hearing, along with a legal description of the property that is the subject of the public hearing, be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper having general circulation in the City of DeKalb.The Director of Community Development Director or designee shall be responsible for preparing a public hearing notice providing the time, date, and place of the required public hearing, along with a summary of the request and legal description of the property that is the subject of the hearing. The public hearing notice required by this section does not need to include a metes and bound legal description of the area proposed for the map amendment if the notice includes a common street address or addresses and the property index number (PIN) or numbers of all the property proposed for the map amendment. The applicant shall publish the public hearing notice at least once in a newspaper having general circulation in the City of DeKalb not more than thirty (30) nor less than fifteen (15)  days before the hearing date. 2. The Community Development Director applicant shall mail a notice of the public hearing to those property owners whose names are furnished by the applicantwithin two-hundred fifty (250) feet of the subject property. Notice of public hearing shall also be mailed to all applicable governmental agencies, including but not limited to: School District, Park District, Sanitary DistrictDeKalb Water Reclamation District, Drainage District, and the Soil and Water Conservation District. 3. The Community Development Director may require the applicant to erect a sign or signs on the subject property not less than fifteen (15) days before the scheduled public hearing by the Plan CommissionPlanning and Zoning Commission. The sign(s) shall have on their surface a notice that the property is to be the subject of a public hearing and shall not be removed until the City Council has taken final action on the rezoning petition. There shall be one (1) sign erected for every public street frontage and it shall be clearly visible from the adjacent or nearest public rights-of-way. All signs shall be furnished by the City after receiving from the applicant any appropriate deposits. The deposits shall be returned to the applicant upon the timely return of the sign or signs in good condition. Articles 1-20 to correct references to appointed bodies, City departments and personnel.  Attachment Text amendments to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3 “Definitions” to add the use and a definition for “Banquet Hall” to include the following: Banquet Hall – An establishment which is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, business promotional events and similar celebrations. A Banquet Hall is not open to the public and the use is therefore restricted to the invitees of the party contracting for the use of the facility. Such use may or may not include: kitchen facilities for the preparation or catering of food; the sale of alcoholic beverages for on premise consumption only during scheduled events; and/or outdoor gardens or reception facilities. A Banquet Hall shall not include a Social Club as defined in Chapter 32 “Business Regulations” of the Municipal Code. Article 3 “Definitions” to add the use and a definition for “Social Club” to include the following: Social Club: (see Chapter 32, Subsection 32.08 of the Municipal Code). Article 5, “Zoning District Regulations”, Subsection 5.08.03 to add “Social Club” as a special use in the “GC” General Commercial District. Article 19 “Non-Conforming Situations”, Subsections 19.05 and 19.09 to remove the requirement that a legal non-conforming use of a building or structure must be discontinued if a change in ownership occurs and that changes in the use or tenancy of a non-conforming use of a parcel, on which no building exist, must be brought into compliance with the UDO. Articles 14 “Permits”, 18 “Appeals and Variances”, and 20 “Amendments” to modify the language regarding the legal description of public hearing notices, who can initiate amendments, and requiring applicants to publish and mail public hearing notices. Articles 1-20 to correct references to appointed bodies, City departments and personnel. 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 Wednesday, June 21, 2017 at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on City initiated text amendments to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3 “Definitions” to add the use and a definition for “Banquet Hall” and for “Social Club”; Article 5 “Zoning District Regulations” to add “Social Club” as a special use in the “GC” General Commercial District; Article 19 “Non- Conforming Situations” to remove the requirement that a legal non-conforming use of a building or structure must be discontinued if a change in ownership occurs and that changes in the use or tenancy of a non-conforming use of a parcel, on which no building exist, must be brought into compliance with the UDO; Articles 14 “Permits”, 18 “Appeals and Variances”, and 20 “Amendments” to modify the language regarding the legal description of public hearing notices, who can initiate amendments, and requiring applicants to publish and mail public hearing notices; and Articles 1-20 to correct references to appointed bodies, City departments and personnel. All interested persons are encouraged to submit written comments on this proposal to the City of DeKalb by 5:00 p.m. on Wednesday, June 14, 2017, and are invited to appear and be heard at the time and place listed above. Further information is available from the Community Development Department, 815-748-2060. Christina Atherton, Chair DeKalb Planning and Zoning Commission City of DeKalb  Municipal Code - City of DeKalb Chapter 32, “Business Regulations” 8. A statement that the applicant does beneficially own the premises or does have a lease thereon for the full period for which the license is to be issued; (81-64) 9. A statement that the applicant has never been convicted of a felony; (81-64) 10. A statement that the applicant has never been convicted of the following offenses: Theft; Theft of Lost/Mislaid Property; Forgery; Deceptive Altering/Sale of Coins; Robbery; Armed Robbery, Burglary; Possession of Burglary Tools; Unlawful Sale of Firearms; Criminal Usury; Juice Racketeering. 11. A statement that the applicant has never been convicted of violating any municipal or county pawnbroker’s ordinance. (81-64) 12. A statement that if a partnership, all members of the partnership shall be qualified to obtain a license; and, whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reason therefor. (93-41) 32.05 BUILDING MOVERS. Building Movers deleted. Refer to Chapter 24.04. c) 9. "Moving a Structure;" Chapter 24.03, Bonds; & Chapter 6.11. "Street Construction, Maintenance Operations & Utility Work". (93-64) 32.06 GARAGE SALES. a) It shall be unlawful for any person, group of persons, or organization to sell or offer for sale any secondhand household goods, clothing or other articles of personal property at what is commonly called a rummage, yard or garage sale on more than three (3) occasions in a calendar year if such sales are conducted in any residential zoned (SFR-1, SFR-2, TFR, or MFR) district of the City. Each of the three (3) allowable occasions in a calendar year shall be limited to not more than three (3) consecutive days. b) Any person, group of persons, or organization who knowingly violates this provision shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed on each day during, or on which a violation occurs or continues. (04-65) 32.07 GOING OUT OF BUSINESS. There is hereby adopted by reference the provisions of Illinois Revised Statutes, Chapter 121-1/2, Section 157.1-157.12 (815 ILCS 350). Three copies of such statute are on file and kept in the office of the City Clerk and available for public use, inspection and examination, and have been so on file for a period of thirty days prior to adoption of this ordinance incorporating such Statute. (78-20) Duration of Sale - License Fee. A fee of Twenty-five Dollars ($25.00) shall be charged for a license period of sixty (60) days from the start of such sale, with an additional thirty (30) days granted, if necessary, at no charge. (88-57) 32.08 SOCIAL CLUBS (2014-28) a) Definition of Social Club: Any business or organization which is open to the public (either generally open or available through the purchase of tickets or entry), the primary function of which is to offer, provide, Chapter 32 - 4  Municipal Code - City of DeKalb Chapter 32, “Business Regulations” procure, make available, allow, suffer or permit entertainment to patrons, consisting of dancing and/or the enjoyment of live or pre-recorded music, and/or the enjoyment of entertainment provided by dancers, comedians, fighters/boxers/martial-artists or other performers, with or without food, in an indoor venue. A Social Club shall not include: a) an establishment with a valid liquor license issued by the City of DeKalb; b) theaters which seat patrons in parallel rows of fixed seats, with seating capacity of 1,000 patrons or more; c) outdoor performances; d) any business, organization or event conducted by a component part of a unit of government; e) full service restaurants that feature background music incidental to the primary function of serving food; f) movie theaters with at least 4 separate theaters, each with fixed seating for 100 patrons or more; or, g) fraternities or sororities that are recognized by, registered with and affiliated with Northern Illinois University and which have a then-current charter/approval from the University. b) License Required: It shall be unlawful to operate a Social Club, either as a fixed use within an establishment or as a temporary or special event, without first obtaining a license issued by the City of DeKalb. Violation of this Ordinance shall be punishable by a fine of not less than Seven Hundred and Fifty Dollars ($750.00) per occurrence, and each day that a violation exists shall be deemed to be a separate occurrence. In addition, in the event that the City proves a violation of this Ordinance, the City shall be entitled to recover any costs incurred by the City in responding to the violation or the entity generating the violation, including but not limited to personnel and equipment costs for police or fire department responses to the establishment, or to patrons entering or exiting the establishment. c) License Application and Process: 1. Application shall be made to the City of DeKalb for a license under this Ordinance on a form acceptable to the City Manager, substantially in the form of a liquor license application and containing the same information as required on a liquor license application, with such additional information as shall be required by the City Manager or designee (including details of operation, parking arrangements and any other required information). The applicant shall be required to provide a detailed security plan for review and approval by the Chief of Police or designee, and shall be required to designate one or more managers, at least one of whom shall be on premises at all times that the establishment is in operation. 2. Applicants shall be required to comply with the provisions of City Code Section 38.06 for provision of insurance (other than dram shop insurance). Proof of insurance shall be required at time of application. 3. Applicants shall be required to obtain a Fire Life Safety License for their proposed establishment prior to applying for a license under this Ordinance. Applicants shall also be required to complete any other City applications and obtain any other City permits, permissions or inspections prior to application for a license under this Ordinance. 4. Prior to issuance of a license under this Ordinance, the proposed establishment shall be fully built- out and shall have been issued a certificate of occupancy. The establishment must be in full conformance with all applicable local, state and federal regulations. 5. After satisfying all conditions precedent as outlined above, successfully completing a background check for all owners and managers of the facility (utilizing the procedure utilized for liquor license applications) and then submitting a completed application and posting the application deposit, the City shall thereafter have a period of forty-five (45) days for staff review and evaluation of the application. Staff review shall include any recommendations regarding public safety concerns, appropriateness of siting and zoning, available parking, proximity to schools or other age-sensitive installations, noise generation, adequacy of site lighting, and any other relevant considerations. If any conditions are discovered during such review that Chapter 32 - 5  Municipal Code - City of DeKalb Chapter 32, “Business Regulations” constitute a violation of any applicable law, code, regulation or ordinance, the forty-five (45) day review period shall be tolled until such point as the premises is brought into compliance with applicable codes. 6. Following staff review, the matter shall be forwarded to the City Council of the City of DeKalb at a meeting occurring within forty-five (45) days of the date on which staff review is completed. The City Council shall be provided with all staff recommendations and shall make the ultimate decision as to whether a license should be granted or denied. 7. Submission of a signed application for a license and/or acceptance of a license under this ordinance constitutes the applicant’s consent to an inspection of any and all portions of the licensed premises by the City: 1) at any time during the normal business hours of the licensed premises, with or without advance notice; or, 2) at such other time as the City shall designate to the applicant/licensee in writing, with not less than 48 hours advance notice. Inspections pursuant to this consent may be conducted by any City personnel, including Police Department, Building, Public Works, or Fire Department staff, the City Attorney, the City Manager or other staff authorized by the City Manager, for purposes of determining compliance with the provisions of this ordinance, or for purposes of determining compliance with any other applicable code or regulation. The consent for inspection shall extend to any portion of the premises. An applicant or licensee’s refusal to grant access to the premises for an inspection shall constitute grounds for denial of a pending application (without refund of any posted application fees), and shall constitute a violation of this ordinance for license holders, which may subject a licensee to suspension or revocation of their license, imposition of fines and penalties under this ordinance, or both. All holders of a license must also hold a valid Fire Life Safety License issued by the City. d) Issuance of License: Upon conclusion of any consideration of a license application, the City Council may grant or deny the license application. A license application may be continued from time to time, and the City Council may require the conduct of a public hearing on the application; any publication or notice costs for the public hearing shall be borne by the applicant. In approving a license, the City Council shall be authorized to impose conditions on the license issuance relating to the conduct of the Social Club, the provision of parking, security, site improvements, or such other terms as the City Council shall determine are necessary and appropriate to ensure public safety. A license approved under this Ordinance may have a term that requires the license to be submitted to City Council for renewal, or may be subject to renewal by the Mayor or City Manager; the mechanism for renewal shall be described at the time of initial issuance. 1. Conditional Approval of License: The City Council may, but shall not be obligated to, approve social club licenses for licensees who are otherwise eligible for issuance of a license, but whose place of business has not been built-out, has not received a Fire-Life Safety License, is not yet eligible for issuance of a final certificate of occupancy or is otherwise ineligible for operation because of non-compliance with any other City Code or requirement. Such conditional licenses shall not permit occupancy of the premises until such point in time as all required City permits and approvals have been received by the Licensee. At such time as all other required City permits and approvals, including but not limited to a certificate of occupancy and final inspection, have been provided, a conditionally issued license shall convert to an unconditional license, subject to the terms of this Chapter 32. Should a Licensee fail, within a time specified by the City Council, to obtain all required City permits and approvals including but not limited to a certificate of occupancy, the City Manager shall be authorized to revoke the conditional license without any requirement of holding a public hearing or providing any due process. Any applicant/Licensee who requests a conditional license under this subsection shall execute a waiver agreeing and acknowledging the terms of this subsection, including the provisions relating to revocation. e) License Fees: The fee for applying for, obtaining and renewing a Social Club License, and the term of such license, shall be the same as that utilized by the City of DeKalb for a Restaurant Liquor License under the Chapter 32 - 6  Municipal Code - City of DeKalb Chapter 32, “Business Regulations” then-current terms of Chapter 38 of the City Code of Ordinances. f) Suspension or Revocation of License: The City may utilize any process outlined in City Code for the suspension or revocation of any City-issued license as the process for suspension or revocation of the license contemplated herein. Licenses may be suspended or revoked for any violation of any applicable code, ordinance or statute. g) Additional Restrictions: 1. It shall be unlawful to possess, sell, dispense, or permit to be possessed, sold or dispensed any item at a Social Club which is either unlawful to sell or dispense, or which is regulated for distribution by age (e.g. alcohol, tobacco or similarly age-restricted items). The licensee shall maintain adequate security procedures to ensure that no person enters the establishment in violation of these provisions. 2. Once admitted to the Social Club, a person shall not be permitted to exit and re-enter the premises sooner than the following business day (with business day defined based upon the hours of operation of the establishment, and not occurring before such time as the establishment has fully closed and subsequently reopened). 3. The hours of operation for a Social Club shall be fixed by the terms of licensure. 4. Any Social Club shall have illumination of at least 5 foot candles at floor level at all times that the Social Club is in operation. 5. It is the licensee’s duty to prevent loitering, nuisances or disturbances of the peace by patrons of the Social Club on the premises or in the immediate vicinity thereof, and to clean all litter and remediate all graffiti or other damage generated by patrons of the Social Club on the premises or in the immediate vicinity thereof, within two hours of Social Club closure on any given day. 6. No licensee, his agent or employee shall allow or permit any person to perform acts of or acts which simulate: a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; b) the actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals; c) the actual or simulated displaying of the pubic hair, anus, vulva or genitals; d) the actual or simulated displaying of the breast so as to expose the nipple of the female breast; e) the displaying of films or pictures depicting acts, a live performance of which is prohibited by a), b), c) or d) above. No licensee, his agent or employee shall allow or permit any person to remain in or upon the licensed premises who exposes in public view any portion of his or her genitals or anus. 7. Each licensee shall provide at least one public telephone for outgoing calls only for each 125 patrons (based upon the maximum occupancy of the premises). No licensee shall permit sound or vibration exceeding 90 decibels measured with a standard meter "A" scale within two feet of any public telephone receiver or audible at such level on the outside of any exterior wall of the premises located more than ten feet from a doorway of the licensed premises. No public telephone shall be provided on the premises for incoming calls 8. The license issued hereunder shall be non-transferrable and non-assignable, issued to the license holder only. The determination of what constitutes a transfer or assignment of the license shall utilize the same procedure and regulations as applicable to a liquor license. 9. The licensee shall deliver to the chief of police, no later than 72 hours before any scheduled Chapter 32 - 7  Municipal Code - City of DeKalb Chapter 32, “Business Regulations” special event occurring at a licensed premises, true and accurate copies of any and all advertisements of whatever nature therefore used to advertise or promote the event. The licensee shall also include prior to any such advertised event: (a) The number of employees and/or performers to be used for the event; (b) Designation of the individual who will be available prior to and during the event and who shall have authority to accept complaints, notice of violations, or take corrective action as required by proper officials of the city; (c) A security plan with an acknowledgment that any changes to the security plan must be submitted to the chief of police in writing one business day before the event, and the security plan must be followed without any changes unless such change has been submitted to the chief of police in writing and he has approved it prior to the event being opened; (d) Security personnel shall be required for the maximum capacity of the event as determined by the maximum occupancy of the premises under city's ordinance unless attendance is limited to a lesser number; (e) Inspections may be conducted by the city to ensure compliance with its codes and ordinances; (f) No members of the general public shall be allowed admittance prior to the opening of the event; (g) Only one such event per evening shall be allowed; (h) Automatic counters are required to be used prior to entry into the licensed premises to determine occupancy of the premises; (i) Tickets may be sold before the event with the number of tickets sold limited to the occupancy limit of the premises for patrons, and after all said tickets have been sold, the licensee shall post a sign stating that the event is "Sold Out." Chapter 32 - 8  TEXT AMENDMENT PETITION TO: City Council, City Clerk, and Mayor of the City of DeKalb, Illinois FROM: Petitioner Name(s): Cademon Brewing Co Inc Telephone: (815) 827-6145 Petitioner’s Representative: Andrew Nordman Cell: (815) 761-3689 Mailing Address: 208 Alfred Dr, Sycamore, IL Email: andrew@cademon.com 1. The petitioner hereby petitions the City of DeKalb to amend the Unified Development Ordinance as follows – attach additional page(s) if necessary: A. What is the text amendment regarding? The addition of the use "Micro-Distillery" to the Unified Development Ordinance. B. What Article(s) and Section(s) of the Unified Development Ordinance are proposed for amendment? Article 3 "Definitions", Article 5 "Zoning District Regulations" and Article 12 "Off-Street Parking, Loading and Storage Requirements". C. What is the proposed revised text? See attachment. D. Describe the reason for this text amendment request, and what the intended effect will be. To allow "Micro-Distillery" as a use in the City and to provide for its location in the appropriate zoning districts. 2. The petitioner hereby submits the Petition Fee ($500.00). 3. The petitioner hereby states that a pre-application conference ✔ *was was not held with City staff prior to the submittal of this petition. *Date of pre-application conference: May 19, 2017 Those in attendance: Andrew Nordman and City Staff *(Note to Petitioner: A pre-application conference with staff is highly encouraged to avoid delays and help in the timely processing of this petition.)  TEXT AMENDMENT PETITION Page 2 of 2 4. The petitioner hereby agrees that this petition will be placed on the Planning and Zoning Commission’s agenda only if it is completed in full and submitted in advance of established deadlines. 5. The petitioner has read and completed all of the above information and affirms that it is true and correct. 6. Petitioner/property owner(s) hereby give the City of DeKalb permission to post a public notice sign(s) on the subject property. 6/1/2017 Petitioner Signature Date Petitioner Signature Date Subscribed and sworn to before me this day of , 20 . stamp Notary Public Signature  Attachment Proposed Text Amendments: Add the use “Micro-Distillery” to Article 3 ‘Definitions” of the UDO and the following definition “A facility that produces alcoholic beverages on-site in quantities not to exceed 20,000 gallons per year, and includes an accessory tasting room and retail sales area and/or restaurant. A tasting room allows customers to taste samples of products manufactured on-site and purchase related sales items. Sales of alcoholic beverages manufactured outside the facility are prohibited. Add the use “Distillery” to Article 3 ‘Definitions” of the UDO and the following definition “A facility that produces alcoholic beverages on-site in quantities exceeding 20,000 gallons per year, and includes an accessory tasting room and retail sales area and/or restaurant. A tasting room allows customers to taste samples of products manufactured on-site and purchase related sales items. Sales of alcoholic beverages manufactured outside the facility are prohibited. Amend Article 5 “Zoning District Regulations”, Section 5.08 by adding “Micro-Distillery” as a permitted use in the “GC” General Commercial District and to Section 5.09 by adding “Micro- Distillery” as a permitted use in the “CBD” Central Business District. Amend Article 5 “Zoning District Regulations”, Section 5.08 by adding “Distillery” as a special use in the “GC” General Commercial District, Section 5.11 by adding “Distillery” as a special use in the “LI” Light Industrial District and to Section 5.12 by adding “Distillery” as a special use in the “HI” Heavy Industrial District. Amend Article 12 “Off-Street Parking, Loading and Storage Requirements” by adding “Micro- Distillery” to Section 12.08 “Schedule of Off-Street Parking and Loading Requirements” and the following minimum parking space requirement “1 space for every 3 seats, plus 1 space for every employee on the maximum shift”. 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 Wednesday, June 21, 2017 at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a petition by Cademon Brewing Co. Inc. represented by Andrew Nordman for approval of a text amendment to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3 “Definitions” to add the use and a definition for “Micro-Distillery”; Article 5 “Zoning District Regulations” to add “Micro-Distillery” as a permitted use in the “GC” General Commercial District and the “CBD” Central Business District; Article 12 “Off-Street Parking, Loading and Storage Requirements” by establishing a minimum parking requirement for “Micro-Distillery”. All interested persons are encouraged to submit written comments on this proposal to the City of DeKalb by 5:00 p.m. on Wednesday, June 14, 2017, and are invited to appear and be heard at the time and place listed above. Further information is available from the Community Development Department, 815-748-2060. Christina Atherton, Chair DeKalb Planning and Zoning Commission City of DeKalb