Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission August 9, 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. July 5, 2017 2. July 19, 2017 E. OLD BUSINESS F. NEW BUSINESS 1. Discussion - Public Hearing Procedures 2. Public Hearing on City-initiated text amendments to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 19 “Non-Conforming Situations” to remove the requirement in Article 19.05 (4) that a legal non-conforming use of a building or structure must be discontinued if a change in ownership, use or tenancy occurs; and to Article 19.09 to allow for a change in tenancy, ownership or management of an existing use of a building or structure, provided there is no change in the nature or character, extent or intensity of such non-conforming use of the building or structure. G. REPORTS/ITEMS FOR NEXT MEETING H. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION July 5, 2017 The Planning and Zoning Commission held a Meeting on July 5, 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. Members of the Planning and Zoning Commission present at roll call: David Castro, Deborah Nier, Jerry Wright, and Chair Christina Atherton. Members absent: Katharina Barbe, Vicki Buckley, Matthew Crull. 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) J. Wright motioned to approve the July 5, 2017 agenda as presented, D. Castro seconded the motion, and the motion was approved by unanimous voice vote. C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None. D. APPROVAL OF MINUTES J. Wright motioned to approve the June 7, 2017 as minutes as presented, D. Castro seconded the motion, and the motion was approved by unanimous voice vote. E. OLD BUSINESS 1. 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”. Planning and Zoning Commission July 5, 2017 Page 2 of 8 STAFF REPORT Principal Planner Dan Olson presented on behalf of the City. He reported the applicant seeks to locate his micro-brewery on the lower level of The House Café, located at 216 East Lincoln Highway, which is in the Central Business District (CBD). He stated neither “Micro-brewery” nor “Micro-distillery” is a defined use in the Unified Development Ordinance (UDO). He explained approval of the proposed amendment will allow the applicant to operate in the intended location and also allows any future businesses with the same use to operate on property within the zoning districts the City approves as appropriate for such use. Planner Olson reported the applicant intends to produce 6,000 gallons of craft beer per year. He stated a separate entrance off North Third Street will lead to the facility, which will include space for brewing equipment and a tasting room. He added they will sell the products for on-site consumption and in take-home containers, as well as limited food. Mr. Olson stated he consulted the applicant and researched other municipalities’ regulations to draft the language for the proposed UDO amendment: • To add a definition for “Micro-distillery,” which allows the production of up to 20,000 gallons of alcoholic beverages per year for on-site consumption and retail sales and prohibits sale of any other beverages on-site, • To add “Micro-distillery” as a permitted use in the CBD and the General Commercial (GC) zoning districts, • To add a definition for “Distillery,” which is the same as “Micro-distillery,” except production of more than 20,000 gallons per year is allowed, • To add “Distillery” as a special use in the GC, Light Industrial (LI), and Heavy Industrial (HI) zoning districts, and • To add parking regulations for both uses, following the same formula as restaurants, requiring one parking space for every three seats plus one parking space for each employee on the maximum shift. Mr. Olson reported the City received two Citizen Response forms in support of the proposed amendment, as well as an email message one person of who also submitted a Citizen Response form. He concluded that City staff recommends the Planning and Zoning Commission approve the proposed UDO text amendments. PETITIONER PRESENTATION The petitioner, Andrew Nordman, resident of 208 Alfred Drive in Sycamore and owner, brewer, janitor, and mechanic of Cademon Brewing Company presented. He stated he seeks to relocate his brewery operation and tasting room from its current location in Genoa to the lower level of The House. He said the DeKalb  Planning and Zoning Commission July 5, 2017 Page 3 of 8 location would produce 90-gallon batches of drinks, to be sold on-site for tasting, as to-go bottle and cans, and to a few local bars and retailers. PUBLIC PARTICIPATION At 6:09, Chair Atherton opened the floor for public comment. Observing no participants, she closed the public hearing. COMMISSION DISCUSSION D. Castro asked Mr. Nordman for additional details about his business operation. Mr. Nordman stated his Genoa operation produced 250-gallon batches. In the DeKalb location, he would produce smaller batches, due to the location’s ceiling height, which limits the size of the equipment. He said this arrangement allows production a greater variety and will not likely reduce the total annual production. He said the move to DeKalb is a relocation, not an expansion, of his business. Mr. Castro asked City staff if the “Micro-distillery” category could be considered a subdivision within the “Restaurant” category. Planner Olson responded that it is a separate use. He explained one facility may sell food as accessory to the liquor production and sales, but another may produce liquor and sell it as an accessory to the food sales. He noted the proposed parking regulations are similar. D. Castro asked what state regulations affect micro-distilleries. Mr. Nordman responded local municipalities, not the state, regulate zoning for liquor manufacturing facilities. He noted the state does regulate liquor sales and taxation. Planner Olson added the City recently amended the Liquor Code to allow the liquor production use when The Forge sought to locate near downtown. J. Wright asked for clarification of the proposed parking regulations. Planner Olson explained the proposed parking regulations apply to locations in the GC, LI, and HI zoning districts but not locations in the CBD zoning district, where the applicant seeks to locate, because nearby public parking is available. J. Wright asked how the applicant chose the proposed location. Mr. Nordman stated The House Café owners approached him. He stated when he initially started his business, he wanted to operate in DeKalb, but it was not possible then. He said he wanted to set down roots in DeKalb and possibly expand within in DeKalb in the future. D. Nier asked if the applicant’s business would operate completely independently from The House. Mr. Nordman replied they are completely separate at the federal and state level, and their liquor licenses are also separate. K. Barbe requested details of the interior layout of the facility. Mr. Nordman responded that the entrance leads downstairs to a 2,000-square-foot space. He Planning and Zoning Commission July 5, 2017 Page 4 of 8 said he plans to bring the bar from his Genoa operation to DeKalb, which includes taps to his products, and the space would allow for a total of 30 seats. K. Barbe asked if interior access exists between the two businesses. Mr. Nordman responded that a locked door on the stairs between the two businesses exists, but customers will not have access. He stated that each business’ liquor license specifies the boundaries and hours of operation. He provided assurances that he and his employees would strictly enforce rules to prevent customers from traveling between businesses. D. Castro asked if this was the only time the Commission would hear this case. Mr. Olson responded that if Commission approves the text amendment, it is out of the Commissions hands. He added the applicant still must obtain a City liquor license, submit building permits, and receive occupancy approval before opening. Chair Atherton asked how a former brewery was allowed to operate in the building currently occupied by Debutants without this proposed definitions and zoning regulations. D. Olson responded that it is possible the business was categorized as a restaurant and the brewery operation was an accessory use. MOTION D. Castro stated, based on the submitted petition and testimony presented, he moved 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”; and Article 12 “Off-Street Parking, Loading and Storage Requirements” as indicated on the attached Exhibit A in the staff report. D. Nier seconded the motion. VOTE A roll call vote was taken. Yea: D. Castro, D. Nier, J. Wright, and Chair Atherton. Nay: none. Absent: K. Barbe, V. Buckley, and M. Crull. The motion passed 4-0-3. F. NEW BUSINESS 1. Public hearing on a petition by Marijke van Nieuwstadt for a variance to Article 7.03 of the Unified Development Ordinance to allow for an uncovered front porch in the front yard, and a variance to Article 5.02.04 to reduce the front yard setback from 25 feet to 15 feet for the property located at 422 Regal Drive.  Planning and Zoning Commission July 5, 2017 Page 5 of 8 PETITIONER PRESENTATION Marijke van Nieuwstadt, owner of 422 Regal Drive in DeKalb, presented before the Commission. She reported she purchased her home, located on a corner lot, in 2006. She explained the front of her house faces Joanne Lane, the side faces Regal Drive, and her address is on Regal Drive. She stated she has two front yards, but no door leads into the house on the side facing Regal Drive. She said she recently hired a contractor to replace her home’s siding, install a new door, and replace windows on the side facing Regal Drive. She also planned to add a 20’ by 10’ deck below the new door and replaced windows. She noted her two front yards provide approximately 100 feet of frontage, double that of neighboring properties. Ms. Van Niuwstadt reported, when her contractor applied for the deck permit, she learned City regulations allow only covered porches in the front yard. She said she cannot afford the addition the cost of adding a roof over the new porch. She asserted other nearby homes have uncovered porches in their front yards. She asked the Commission to approve her variance request to allow an uncovered porch in her front yard. STAFF REPORT Planner Olson presented on behalf of the City. He stated the applicant’s petition requests two variances: (1) to allow an uncovered porch in the front yard and (2) to allow a 15-foot front yard setback, as SFR-2 zoning regulations require a 25- foot front yard setback. He reported the applicant’s drawing of the porch’s dimensions was not to-scale, so he marked the correction in black. He stated the corner lot has two front yards, a side yard, and a back yard, which is too small to accommodate a porch, patio, or deck. He referred to the photographs of nearby properties with similar front-yard accessory structures. He reported no variances were granted for those structures, according to City building permit records. He suggested past City staff might have considered the accessory structures to be unenclosed porches, which are allowed to encroach into a front yard up to ten feet. Mr. Olson read aloud the findings of fact from the staff report. He reported the applicant obtained ten letters of support from neighboring property owners, and the City received one Citizen Response form in support of approving the variance. He recommended approval of the variance with the conditions that the applicant must submit a revised drawing accurately representing the porch dimensions, and the porch must be built in substantial conformance with the plans submitted. Mr. Olson stated that the Commission’s decision on this petition is final, as variance petitions are not forwarded to the City Council for consideration. Planning and Zoning Commission July 5, 2017 Page 6 of 8 PUBLIC PARTICIPATION At 6:31 PM, Chair Atherton opened the floor for public comments. Observing no participants, Chair Atherton closed the public hearing. COMMISSION DISCUSSION K. Barbe, D. Nier, J. Wright, and D. Castro requested clarification of details not clearly depicted in the applicant’s materials. Ms. van Nieuwstadt explained the windows were replaced and a new door was installed after the photos were taken. She stated an existing door leads into the two-car garage, and the new door, which replaced old windows, leads directly into the living room. She said the edge of the new deck would be 10-15 feet from the edge of the existing driveway. She added a past improvement replaced a retaining wall in the back yard with eight terraced steps on which she has planted with flowers. D. Castro advised Ms. Van Nieuwstadt not to allow construction to proceed until she obtains all required City approvals. He also requested guidance from City staff to modify the sample motion to require a revised drawing. Planner Olson recommended additional language in the motion to require submission of updated plans indicating the accurate location and size of the new door and windows. D. Castro asked why setbacks and variances are necessary. Planner Olson explained that bulk standards that establish setbacks ensure adequate open space exists between the street and home. He stated DeKalb’s regulations allow encroachment into the front yard up to ten feet for certain accessory structures, including unenclosed porches and paved terraces, but others, such as uncovered porches, decks, and patios, are not allowed without a variance approval. He reported City staff determined the proposed accessory structure was an uncovered porch. Upon examination of the variance application materials and UDO zoning district regulations, City staff determined approving the variance request would not be detrimental to the neighborhood and recommended Commission approval. Director Charlton added zoning district regulations are developed based upon common property features in a neighborhood. She explained these regulations prevent property owners from constructing visual barriers or other objectionable elements on their properties. She agreed with Planner Olson that past City staff may have interpreted the City code differently when the other uncovered porches were built in the neighborhood. Mr. Olson noted front yard porches are often desirable architectural elements, as they encourage residents to use their front yards and help make neighborhoods more pedestrian-friendly.  Planning and Zoning Commission July 5, 2017 Page 7 of 8 Chair Atherton agreed with the petitioner’s assertion that the orientation of the house makes the front yard unclear. She asked if the house was oriented at a slight angle on the property. Planner Olson replied the plat indicates it is a few feet from squarely positioned, but it is a negligible distance. MOTION J. Wright stated, based on the submitted petition and testimony presented, he moved that the Planning and Zoning Commission approve a variance to Article 7.03 of the Unified Development Ordinance to allow for an uncovered porch in the front yard, and a variance to Article 5.02.04 to reduce the front yard setback from 25 feet to 15 feet for the property located at 422 Regal Drive subject to the following: 1. Prior to the issuance of a building permit, a survey showing the correct location and dimensions of the proposed 20’ x 10’ uncovered porch, doors and windows, shall be submitted and shall be in substantial compliance with the drawing indicated on the attached Exhibit A. D. Nier seconded the motion. VOTE A roll call vote was taken. Yea: D. Castro, D. Nier, J. Wright, and Chair Atherton. Nay: none. Absent: K. Barbe, V. Buckley, and M. Crull. The motion passed 4-0-3. G. REPORTS / ITEMS FOR NEXT MEETING Planner Olson announced: • The next meeting is July 19th, at which a public hearing will occur on a rezoning request from Plaza DeKalb for four properties at northeast corner of East Lincoln Highway and North Second Street, • City Council approved the final plat and plan for Cornerstone DeKalb on June 26th, and • Checks for Commission attendance, pending City Council approval, will be mailed July 25th. J. Wright asked how the Plaza DeKalb petition will proceed through approvals. Planner Olson responded Plaza DeKalb is different from Cornerstone DeKalb, which required City Council approval of financial elements prior to Planning and Zoning consideration. Mr. Olson stated the Planning and Zoning Commission will see the preliminary plat and plan for Plaza DeKalb first and forward recommendations to the City Council for final approval, after which time the City Council will consider the final plat and plan for approval. Planning and Zoning Commission July 5, 2017 Page 8 of 8 J. Wright asked why the newspaper published a story about Plaza DeKalb before the Planning and Zoning Commission heard the case. Planner Olson explained public hearings require at least 15 days’ notice to the public, which includes publishing the notice in the newspaper and mailing the notification letters to property owners within 250 feet of the subject property. He reported City staff also emails a copy of the notification letter to each Planning and Zoning Commission member at the same time. He noted the next packet, distributed on the Friday before the next meeting, will contain the Plaza DeKalb petition materials. I. ADJOURNMENT J. Wright motioned to adjourn, K. Barbe seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 6:55 PM Respectfully Submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on .  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION July 19, 2017 The Planning and Zoning Commission held a Meeting on July 19, 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: Katharina Barbe, Vicki Buckley, David Castro, Matthew Crull, Deborah Nier, and Chair Christina Atherton. Jerry Wright was absent. Also present were City Manager Anne Marie Gaura, Community Development Director Jo Ellen Charlton, Principal Planner Dan Olson, Economic Development Planner Jason Michnick, and Administrative Assistant Natalie Nelson. B. APPROVAL OF THE AGENDA (Additions/Deletions) K. Barbe motioned to approve the July 19, 2017 agenda as presented, D. Nier seconded the motion, and the motion was approved by unanimous voice vote of the members present. C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) Will Heinisch, resident of 8800 S. Rood Rd., Kingston, spoke before the Commission. He stated he is a local business owner, landlord, and property owner in DeKalb. He voiced concern regarding the Commission’s recommendation to approve amendments to Unified Development Ordinance (UDO) Article 19 Non- conforming Situations. He asked why stakeholder groups, including DeKalb Area Rental Association, DeKalb County Building and Development Association, Realtor Association, Chamber of Commerce, and DeKalb County Economic Development Corporation, were not offered an opportunity to provide input on the proposed amendments. He said City staff promised in the past to involve stakeholder groups in policy discussions that affect them. He said he found the language in Article 19 unclear. He asked the Commission to rescind its recommendation to approve the proposed amendments and allow stakeholder groups to participate in discussions of Article 19 regulations. Planner Olson responded to Mr. Heinisch’s concerns. He reported, upon the request of a City Council member, the recently approved UDO amendments did not include Article 19. He explained the Article 19 amendments the Commission recommended to the City Council for approval exempted residential properties with four or fewer dwelling units from the regulation that required discontinuing a non- Planning and Zoning Commission July 19, 2017 Page 2 of 8 conforming use upon change of ownership. He said the Commission will revisit amendments to Article 19 and invite stakeholders to participate in the discussions. D. APPROVAL OF MINUTES M. Crull motioned to approve the June 21, 2017 as minutes as presented, V. Buckley seconded the motion, and the motion was approved by unanimous voice vote of the members present. E. OLD BUSINESS None. F. NEW BUSINESS 1. Public hearing on a petition by Plaza DeKalb, LLC for a zoning map amendment from the “CBD” Central Business District to the “PD-C” Planned Development Commercial District, including consideration to approve a Planned Development less than two acres and exceeding 70 percent site coverage, and approval of a Concept Plan and other approvals as required for the subject property to allow for the construction of a new 4-story building, demolition of one building and renovation on two buildings, with commercial uses on the first floor, and no more than 27 apartment units on the upper floors. STAFF REPORT Planner Olson presented on behalf of the City. He stated the petitioner, Plaza DeKalb, LLC, represented by John Pappas, seeks to rezone and redevelop four downtown properties: • 124 N. 2nd St. / 203 E. Lincoln Hwy. (Diamond Tour Golf/Hurricane Golf) – to be replaced with a new four-story building with commercial space on the first floor and apartments on the upper three floors; • 209 E. Lincoln Hwy. (Former Carter’s Cottage) – to be demolished and replaced with a pedestrian/plaza area; • 223 E. Lincoln Hwy. (Poppy Seed Primitives) – to be renovated with the current business remaining on the first floor and a two-bedroom apartment on the second floor; • 229 E. Lincoln Hwy. (The Gaming Goat) – to be renovated with the current business remaining on the first floor and a two-bedroom apartment on the second floor. He said the applicant requests approval for 24 apartments on the upper floors of the new building, comprised of seven one-bedroom units and one two-bedroom unit on each of the three upper floors, and two apartments in the two existing  Planning and Zoning Commission July 19, 2017 Page 3 of 8 buildings that will be renovated. The petitioner requests approval of 27 units, to allow flexibility for a potential additional unit. Mr. Olson provided information about the proposed concept site plan and zoning regulations, including setbacks, lot coverage, parking, residential density, elevations, and site coverage. He stated the proposed development conforms to recommendations outlined in the 2007 Downtown Revitalization Plan, the 2011 Design Guidelines, and the 2013 DeKalb Center Plan, which encourages mixed uses in the downtown. He displayed images of the current site and proposed improvements. He reported the new building will use part of the existing foundation and feature storefront windows on both street-facing sides. He also displayed images of the floorplans, noting the new building will have elevators, a mailroom, and a hospitality room. He added a grocery store has expressed interest in occupying the first floor of the new building. He reported zoning regulations do not require providing off-street parking in the CBD. He stated adequate public parking exists adjacent to the properties and within a radius equivalent to the walking distance between the far end of the parking lot and the front door of Wal-mart on Sycamore Road. He said the petitioner is under contract to purchase additional property nearby, which may be used for parking. He discussed the applicant’s requested waivers to planned development regulations: • The site size does not meet the two-acre minimum for a planned development. The site is .41 acres; • The site size also does not meet the .92 acres necessary for 27 dwelling units; • The site coverage is greater than the 70% maximum; however, the Planning and Zoning Commission may recommend and City Council may approval up to 90% site coverage – the proposed site coverage is 86%. He presented the standards for zoning map amendments and discussed how the proposed development meets those standards and requirements. He reported the City received five citizen response forms. The owner of 201 E. Locust St. and the owner of 241 E. Lincoln Hwy. indicated approval of the proposal. The owner of 235 E. Lincoln Hwy. objected to approval of the proposal. The owner of 143 and 147 N. Second St. raised concerns about the proposal. Mr. Olson recommended approval of the proposed rezoning request and concept plan. He stated the development will bring economic growth, increase daytime and nighttime population, and improve the appearance of downtown. Planning and Zoning Commission July 19, 2017 Page 4 of 8 PETITIONER PRESENTATION John Pappas, resident of 3 Fairway Circle in DeKalb and principal developer, offered to answer questions and address any concerns. PUBLIC PARTICIPATION At 6:21 PM, Chair Atherton opened the floor for public comment. Dana Baars, owner of a business at 203 E. Locust St., DeKalb, asked how her business will be affected by the development and if compensation would be available if her business must relocate. Dina Lamanna, resident at 229 E. Lincoln Hwy., DeKalb, asked how current residents in the apartments in the two buildings to be renovated will be affected since only two apartments are planned. Abraham Tavera, homeowner in DeKalb, asked if the developer will request relief from school district taxes as he did for the Cornerstone development. Community Development Director Jo Ellen Charlton clarified the developer did not request tax abatement with Cornerstone project and explained impact fees were waived as they always are for new one-bedroom rental units. Zachary Dismuke, homeowner of 511 S. Second St. in DeKalb, asked if private parking will be provided for the new building since the Cornerstone residents will also be using some public parking. Mr. Papas said the business owners of Poppy Seed Primitives and The Gaming Goat will remain in their locations and benefit from the planned renovations. He said he will honor all other current leases but will not renew them. He confirmed private parking is not planned for the new building. He offered to help the owner of the salon at 203 E. Locust St. find a new location if it becomes necessary. Chair Atherton invited additional public participation. Seeing and hearing none, she closed the public hearing at 6:28 PM. COMMISSION DISCUSSION Commissioner Buckley asked for clarification of the plan for the East Locust Street building, which is not part of the proposed development. Mr. Pappas replied it may become parking or be redeveloped, but the plans are not finalized.  Planning and Zoning Commission July 19, 2017 Page 5 of 8 Commissioner Barbe voiced concern about residents relying solely upon public parking lots. She noted the City maintains the public lots, and they will not be available for resident parking during Corn Fest and during farmers’ markets. Mr. Pappas provided data comparing downtown Sycamore and downtown DeKalb, including the number of parking spaces within a three-block radius, the number and types of businesses, the lengths of time businesses have operated at their locations, vacancy rates, and the number of events held in each. He stated no parking shortage exists in downtown DeKalb, where he estimated existing parking can accommodate 1600 people. He reported neither business owners nor residents have complained about parking after the Fargo apartments (Sycamore) he developed were occupied. He said downtown Sycamore business owners have benefited from the revenue generated by Fargo apartment residents. Commissioner Barbe commented downtown residents would have difficulty abiding by the current parking time limits in the area. Planner Olson stated the applicant is not seeking a waiver for off-street parking since it is not required in the CBD. He asked the Commission to consider parking regulations separately. He noted the downtown parking time limits are either two or twelve hours in public lots and vary on downtown streets. Director Charlton reported the City has held multiple meetings with individuals from affected Wards to address parking regulations. She stated the City recognizes people who arrive downtown before 4:00 PM and wish to eat a meal and see a show must avoid the two-hour parking spaces or move their vehicles midway through the evening. She said the City Council will soon consider new proposed on-street parking regulations. Commissioner Nier asked how current downtown residents abide by the parking regulations. Director Charlton responded an annual downtown resident parking permit costs $120 for unlimited parking in twelve-hour lots. She said approximately 20 residents purchase these permits each year. She noted the Cornerstone development does include a private parking lot. She stated negotiations are underway to exchange some Cornerstone development parking spaces for some public lot parking spaces so downtown customers can park nearer the shops. D. Castro asked if the two buildings to be renovated have historic significance. Director Charlton responded none have official historic designation, but the City recognizes their uniqueness and will work with the developer to retain their design elements. She stated the City’s Landmark Commission has reviewed the proposed plans and submitted comments, which will be incorporated into the report being prepared by the City’s historic preservation consultant. Planning and Zoning Commission July 19, 2017 Page 6 of 8 Ms. Charlton reported the façades of the two buildings to be renovated have experienced significant water damage due to roof issues. She said the developer plans to repair the roof damage and the façades. She noted the developer has willingly accommodated other building design recommendations from the City. She stated the new building will incorporate brick patterns similar to the existing buildings. She added a large hotel once stood where the proposed new building will be. D. Castro asked Mr. Pappas why the majority of the apartments in his developments are one-bedroom units and whether he has considered offering a variety of housing options. Mr. Papas responded one- and two-bedroom apartments are in demand in DeKalb. He stated the renovated buildings will each have a luxury two-bedroom penthouse unit, and the new building will have a two-bedroom unit on each of the upper three floors. He said the Fargo apartments in Sycamore were mostly one-bedroom and were occupied quickly, and he was confident the apartments in DeKalb will be similarly successful. D. Nier asked who the intended tenants might be. Mr. Pappas responded the tenants will likely be older adults, younger professionals, and serious students seeking a quiet location. He reported he recently fully renovated his apartments near Ridge Drive and Hillcrest Drive with high-quality materials, raised rents by 35%, and rented every unit immediately. He stated renters prefer his properties because they are well maintained and safe. D. Castro asked if other developers have proposed other types of uses in downtown and recommended the City encourage diverse uses in downtown. Principal Planner Dan Olson reported SunDog IT, a computer company, is currently renovating a downtown building to house its operation and other non- residential uses, and the STEAM learning center plans to locate downtown as well. Economic Development Planner Jason Michnick reported the City is identifying potential redevelopment areas, including downtown, as the TIF districts expirations approach. He stated new downtown residential properties are necessary to boost economic growth by providing day- and night-time populations and increasing pedestrian traffic. He stated other developers have approached the City to discuss a variety of new uses. Chair Atherton noted an individual in the audience raised his hand, but informed him the public participation portion of the meeting had ended.  Planning and Zoning Commission July 19, 2017 Page 7 of 8 Ty Johnson, of Johnson Residential, objected to the proposed development because he believed it will diminish the downtown’s small-town appeal. He said new development should serve current residents of DeKalb, not the university. He said renters will not be able to afford the new apartment rents. He said he has professional experience and understands urban development. Commissioner Nier asked if the hotel that once occupied the site of the new building was multi-storied. Director Charlton confirmed the new building’s height is similar and historically appropriate for the site. MOTION M. Crull motioned, based upon the submitted petition and testimony presented, that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “CBD” Central Business District to the “PD-C” Planned Development Commercial District, exceptions to the UDO regarding minimum lot size, residential density and site coverage for a Planned Development and approval of a Concept Plan as described in Exhibit A of the staff report for the properties located at 124 N. 2nd St., 203 E. Lincoln Highway, 209 E. Lincoln Highway, 223 E. Lincoln Highway, and 229 E. Lincoln Highway, subject to the conditions listed in Exhibit B of the staff report and subject to staff comments regarding the architectural elevations be addressed prior to consideration by the City Council. V. Buckley seconded the motion. VOTE A roll call vote was taken. Yea: K. Barbe, V. Buckley, D. Castro, M. Crull, D. Nier, and Chair Atherton. Nay: none. Absent: J. Wright. The motion passed 6-0-1. 2. Election of Vice Chair of the Planning and Zoning Commission. Chair Atherton stated the Vice Chair position is not part of the Commission’s bylaws, but it is useful to appoint one in case the Chair is unable to attend a meeting or must step out of a meeting. D. Nier nominated Commissioner David Castro for the position of Vice Chair, M. Crull seconded the motion, and Commissioner Castro accepted the nomination. A roll call vote was taken. Yea: K. Barbe, V. Buckley, D. Castro, M. Crull, D. Nier, and Chair Atherton. Nay: none. Absent: J. Wright. The motion passed 6-0-1. Planning and Zoning Commission July 19, 2017 Page 8 of 8 3. Other items. Commissioner Castro asked how the City will address the two citizen comments received in response to the Plaza DeKalb rezoning petition notice but were not related. Planner Olson reported one comment concerned vandalism in downtown and the other concerned resurfacing the brick façade of a building not part of the proposed development. He stated the Police Department will respond to the vandalism concern, and City staff will be researching the brick façade resurfacing concern. Director Charlton responded to Will Heinisch’s concerns regarding the proposed amendments to Article 19. She explained the intent of the Commission’s recommendation to approve the amendments was to remove, not add, regulations. She reported receiving calls about the amendments, which prompted further discussion. She stated the amendments were removed from the Commission’s recommendation to the City Council, so the remaining amendments regarding social clubs, banquet halls, and public hearing notification requirements would not be delayed. G. REPORTS / ITEMS FOR NEXT MEETING Planner Olson report the next regular meeting will be August 9th. No public hearings have been scheduled, but Article 19 amendments may be discussed. He added the City Council recently approved the Miscellaneous UDO Amendments (except Article 19) and the Littlejohn Elementary School mobile classroom Special Use Permit. I. ADJOURNMENT V. Buckley motioned to adjourn, K. Barbe seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 7:12 PM Respectfully Submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on .  City of DeKalb Planning and Zoning Commission Staff Report DATE: August 4, 2017 TO: Planning and Zoning Commission Members FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner SUBJECT: Text Amendments to the Unified Development Ordinance – Article 19 “Non-Conforming Situations” GENERAL INFORMATION: At the June 21, 2017 Planning and Zoning Commission (PZC) meeting, the Commission recommended approval of various miscellaneous text amendment to the Unified Development Ordinance (UDO), including amendments to Article 19 “Non-Conforming Situations”. Article 19.05 provides regulations for non-conforming uses located in buildings and structures. One of the regulations state “When a non-conforming use of a building or structure changes ownership, use or tenancy, the legal non-conforming use must be discontinued”. The PZC recommended to amend Article 19 by keeping the requirement that a legal non- conforming use of a building or structure must be discontinued if a change of ownership, use or tenancy occurs, but to exempt residential properties where there are no more than four (4) dwellings. The City receives many inquiries regarding non-conforming situations as it relates to residential properties with four (4) units or less and we do not have a good way to track changes of ownership of property if nothing else changes on the site. The PZC also recommended an amendment to Article 19.03 that when changes in the ownership, use or tenancy of a non-conforming use of a parcel, on which no building exist, the site would have to be brought into compliance with the UDO. Prior to consideration of the amendments by the City Council at their July 10, 2017 meeting, questions and concerns were raised regarding the language that still required a non-conforming use of a building or structure (except for residential properties with four units or less) be brought into compliance if there is a change of ownership, use or tenancy. Prior to action by the City Council, the Ordinance was amended to remove any proposed changes to Article 19, in order to provide time for additional dialogue based on questions and concerns raised. At the July 19th PZC meeting, local business owner, landlord, and property owner, Will Heinisch, voiced concern regarding the PZC’s recommendation to approve amendments to Article 19. He asked why stakeholder groups were not offered an opportunity to provide input on the proposed amendments. He said he found the language in Article 19 unclear. He asked the PZC to rescind its recommendation to approve the proposed amendments and to allow stakeholder groups to participate in discussions regarding Article 19. It was noted to Mr. Heinisch that the City Council had removed the proposed amendments to Article 19 prior to their vote on July 10th. At the July 21st Business Coordination Group Meeting, City staff discussed the proposed amendments to Article 19 and solicited feedback. The group appreciated the PZC’s recommendation regarding residential properties with four units or less being exempt from the requirements, however they noted a concern regarding the current language requiring any non-conforming use of a building to be brought into compliance with a change of ownership, use or tenancy. Based upon input from the group, a public hearing notice was prepared removing the requirement from Article 19.05 that a non-conforming use of a building must be discontinued if a change of ownership, use or tenancy occurs. PUBLIC INPUT: As noted above, the proposed amendments were discussed by the Business Coordination Group. We also received a letter from Rick Pryor (received date of August 1, 2017) indicating support of the amendment that non-conforming residential properties with four units or less are exempt from bringing their property into compliance with a change of ownership, use or tenancy. The letter is included in the PZC packet. RECOMMENDATION: Staff has provided a marked up copy of the amendments approved by the PZC on June 21st and a marked up copy of the current proposed amendments. 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, August 9, 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 19 “Non-Conforming Situations” to remove the requirement in Article 19.05 (4) that a legal non-conforming use of a building or structure must be discontinued if a change in ownership, use or tenancy occurs; and to Article 19.09 to allow for a change in tenancy, ownership or management of an existing use of a building or structure, provided there is no change in the nature or character, extent or intensity of such non-conforming use of the building or structure. All interested persons are encouraged to submit written comments on this proposal to the City of DeKalb by 5:00 p.m. on Wednesday, August 2, 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