Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission September 20, 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. August 9, 2017 E. OLD BUSINESS 1. Continued Public Hearing on a petition by Central States Tower II, LLC, represented by Richard Connor Riley, for approval of a Special Use Permit for a 140-foot tall cellular communications antenna to be located at the southeast portion of the property at 1300 South Seventh Street. The hearing will be continued to the October 4, 2017, Planning and Zoning Commission meeting. F. NEW BUSINESS 1. Discussion on proposed text amendments to the Unified Development Ordinance. 2. Discussion on Planning and Zoning Commission Bylaws. G. REPORTS/ITEMS FOR NEXT MEETING H. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION August 9, 2017 The Planning and Zoning Commission held a Meeting on August 9, 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. Planning and Zoning Commission members present were Vicki Buckley, David Castro, Matthew Crull, Deborah Nier, Jerry Wright, and Chair Christina Atherton. Katharina Barbe was absent. 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) V. Buckley motioned to approve the agenda as presented, M. Crull 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 1. July 5, 2017 – J. Wright motioned to approve minutes as presented, V. Buckley seconded the motion, and the motion was approved by unanimous voice vote. 2. July 19, 2017 – M. Crull motioned to approve minutes as presented, J. Wright seconded the motion, and the motion was approved by unanimous voice vote. E. OLD BUSINESS None. F. NEW BUSINESS 1. Discussion - Public Hearing Procedures Planning and Zoning Commission August 9, 2017 Page 2 of 7 Chair Atherton began the discussion with a summary of the last Planning and Zoning Commission meeting, at which an individual member spoke after a public hearing had been closed. She reported, in the past, public hearings remained open during commission discussion, allowing public participation and questions to be asked if new information arose, up until a motion and vote occurred. She stated she was open to suggestions but recommended returning to the longer public hearing procedure. Chair Atherton reviewed the current procedure, which closes the public hearing before commission discussion occurs. She confirmed commissioners may speak during the public hearing as well as during the regular discussion period. Due to procedural requirements, D. Olson recommended against opening a public hearing, closing it, conducting commission discussion, and then reopening it if a member of the public requests to speak. He recommended public participation be allowed until all discussion ends, before the motion and vote, as long as possible. Chair Atherton explained the public cannot participate in commission discussion after a motion is made. This part of the procedure remains unchanged. Planner Olson reported neither the municipal code, nor the bylaws, nor the UDO state a time in a meeting at which a public hearing should be opened and closed. D. Castro said keeping the public hearing open through the commission discussion allows the public opportunity to challenge or reinforce commission members’ views or propose different views, as new ideas arise during discussion. Chair Atherton stated last meeting’s situation was the first she had seen in her experience on the Commission. She said she was not aware of a reason the Commission began closing the public hearing before the discussion instead of before the motion and vote. She asked if the Commission was comfortable with allowing the public question the Commission during the discussion period. She stated this addition could help prevent the public from criticizing members’ feelings about the facts Director Charlton suggested the public hearing period is a time for presenting facts and clarifying proposals, in which the public can participate, and the discussion period is a time for commissioners to discuss their feelings about the facts. She suggested adding a call for questions from the Commission regarding facts of the proposal and then closing the public hearing and conducting the discussion. 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  Planning and Zoning Commission August 9, 2017 Page 3 of 7 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. STAFF REPORT Planner Olson presented on behalf of the City. He stated the amendments to miscellaneous sections of the Unified Development Ordinance (UDO), proposed by City staff, were recommended for approval by the Planning and Zoning Commission on June 21, 2017. At that time, the Commission added to the proposed amendments to Article 19 a provision allowing non-conforming uses to continue with a change of ownership in residential buildings with up to four units. He reiterated the City has no means of tracking property sales to enforce the current regulation that requires non-conforming uses to discontinue upon change of ownership. He reported the City Council considered and voted to approve the proposed UDO amendments on July 10, 2017, except the amendments to Article 19, which were removed prior to City Council consideration. Mr. Olson stated individuals have voiced concern regarding the current regulations and previously proposed amendments to Article 19. He referred to business owner Will Heinisch’s comments at the July 5, 2017 Planning and Zoning Commission meeting and subsequent e-mail, feedback received from business owners at the July 21, 2017 Business Coordination meeting, and a letter from property owner Rick Pryor whose pending property is negatively affected by the change-of- ownership regulation. He asked the Commission to approve the proposed amendments to Article 19, which remove the regulation requiring a non-conforming use to discontinue upon change of ownership, use and tenancy in all situations. Chair Atherton read aloud Will Heinisch’s e-mail received on August 9, 2017: To All, Please share/read my comments to the Planning and Zoning Committee meeting tonight. I support the proposed text amendments for the complete removal of 19.05 (4). This provides protection of property rights, maintains/increase in values, provide better opportunity for insurance of property, and is business/resident friendly. I would also like to thank the city staff for Planning and Zoning Commission August 9, 2017 Page 4 of 7 discussing at the business coordination group. All were in favor of this proposal. This protects "grandfathering" of properties. Discussion at the business coordination group was that – "the right time for change is taken care of in 19.05 (3)" and or a catastrophic loss. PUBLIC PARTICIPATION At 6:23 PM, Chair Atherton opened the public hearing and invited public comments. Hearing and seeing none, she invited Commission discussion. COMMISSION DISCUSSION Commissioner Castro summarized the problems the current regulations cause. The City must enforce the current regulations without tools for tracking property sales. The property owners must provide proof a non-conforming use has continued for a certain time period. He asked for a definition of the term “grandfathering” and how long it would be allowed to continue if it were allowed. Planner Olson responded the current regulations do not allow a non-conforming use to be grandfathered upon change of ownership. He explained if the change- of-ownership regulation is removed as proposed, a legal non-conforming use would still have to be discontinued if a structure is destroyed by more than 50% of its value or vacant longer than six months. Commissioner Castro suggested that destruction of a structure or a whole neighborhood should not be the only circumstance under which non-conforming uses must be discontinued. Commissioner Nier stated she understood how zoning regulations affect individual property owners. She stated the City’s current Comprehensive Plan’s vision is to return homes in certain neighborhoods to single-family. She said removing the change-of-ownership regulation could be detrimental to long-term planning and that Plan goal. She voiced concern about setting a precedent by allowing non- conforming situations to continue. She added the City’s vision for improving neighborhoods supports the current regulation, requiring non-conforming uses to discontinue upon change of ownership. Planner Olson stated the establishment of the RC-1 allows non-conforming uses to continue because the designated land use is the zoning. However, half of the calls the City receives concerning non-conforming uses are regarding properties outside the RC-1 district. He added buyers of a non-conforming two-, three-, or four-unit residential properties must evict existing renters to conform to the change- of-ownership requirement in Article 19.  Planning and Zoning Commission August 9, 2017 Page 5 of 7 Director Charlton stated non-conformities have arisen at different times in different areas of the City. She said the City’s changes to zoning regulations may cause non-conforming situations: in 1993, the SFR-2 district was established; in 2009 the RC-1 district was established; other text amendments to the UDO have also been approved. She added it is not unusual for a non-conforming use or structure to have existed for 50 or 100 years. She posed the following questions to the Commission: 1. Is the current regulation the best mechanism for improving neighborhoods, a goal in the Comprehensive Plan, through discontinuing non-conforming uses and requiring subdivided homes to return to single-family homes upon change of ownership? 2. Could a new type of regulation be developed, in which a new owner may petition to continue a non-conforming use if certain conditions are met, which would move the property toward conformity? She added most municipalities do not require discontinuing a non-conforming use upon change of ownership and acknowledges it will take even longer to see neighborhoods change without the current regulation. She noted neighborhood change takes a long time. Commissioner Castro added the decrease in property value can be significant when a new owner cannot continue a non-conforming use. He said the seller’s interests are not the same as the City’s interests. V. Buckley asked where in the City the most non-conforming uses exist. Director Charlton responded most non-conforming uses are located in older neighborhoods. She stated every municipality over 100 years old must decide what triggers the requirement to discontinue a non-conformity. She said some municipalities have processes for property owners to request variations to continue non-conforming uses. She added the standards for approval must be carefully crafted to allow fair consideration and decisions. Chair Atherton asked how the City confirms a non-conforming use has been discontinued upon change of ownership. She said developing any new regulation should consider the future effect and allow for enforcement. Planner Olson responded it is difficult to monitor non-conformities and enforce regulations as the regulation currently stands. V. Buckley wondered how to ensure potential buyers know certain properties with non-conforming uses must be discontinued before a sale occurs. Planning and Zoning Commission August 9, 2017 Page 6 of 7 Chair Atherton asked what the City Council’s comments were when they did not approve the language in the proposed Article 19 amendments. Planner Olson clarified the City Council did not discuss the amendments because they were not presented at the meeting. He said the Business Coordination group did discuss the amendments and concluded the current regulations are not good for business and commercial property owners. He referred to Mr. Heinisch’s most recent comments regarding triggers for requiring non-conforming uses to discontinue. Director Charlton reported there are people waiting for a decision from the City on this issue. She stated residential property sellers and buyers contact the City to confirm the current use can be continued after the sale. She mentioned a property owner purchased of a four-unit residential property several years ago and recently decided to sell the property as it has been four units; however, the zoning is two- family residential, so a new owner would be allowed to have two units, not four. Commissioner Buckley requested research on non-conforming regulations in communities similar to DeKalb. Commissioner Castro thanked property owners who have contacted the City regarding their properties’ zoning and use. He agreed researching similar communities is necessary. He suggested creativity and establishing regulations that take effect over a period of time. He recommended allowing time to continue discussion of possible solutions. Director Charlton asked how the Commission feels about the current patchwork of uses in the older neighborhoods. She noted the Comprehensive Plan was written during a time when subdivision development and separation of land uses were priorities. She asked if the current character of the older neighborhoods might be more desirable now. Commission Nier stated the condition of older neighborhoods affects the character of a city. She recommended further discussion among a larger group to before proposing any change to the City’s vision for those neighborhoods. Chair Atherton added older neighborhoods vary in character, and some might benefit more from becoming all single-family while others may not. She said change might come only when subdivided homes are no longer rentals. Planner Olson reported the change-of-ownership language was added a few years ago and originally intended for commercial properties, but the language does not distinguish between commercial and residential uses. He said residential properties with more than one unit are most frequently affected by the change-of- ownership provision.  Planning and Zoning Commission August 9, 2017 Page 7 of 7 Chair Atherton stated rental properties in older neighborhoods are necessary as many people do not own homes. She asked if other communities’ grandfathering regulations state when grandfathering may continue or end. Planner Olson stated the City will research other communities’ non-conforming regulations. Commissioner Castro recommended updating the Comprehensive Plan. Chair Atherton invited final comments or questions from the public. Tyler Pareese, 624 South First Street, stated a variety of residential uses exist in his neighborhood. He asked for clarification of the topic of discussion. D. Olson summarized the discussion. MOTION Commissioner Buckley motioned to continue the public hearing to August 23, 2017, and Commissioner Castro seconded the motion. VOTE Chair Atherton requested a voice vote. Yea: V. Buckley, D. Castro, D. Nier, J. Wright, and Chair Atherton. Nay: M. Crull. The motion passed (5-1-1). G. REPORTS / ITEMS FOR NEXT MEETING Planner Olson reported the next regular meeting is August 23rd, which will include continued discussion of Article 19 amendments and a public hearing for a Special Use Permit for a cell tower at 1300 South Seventh Street. I. ADJOURNMENT Commissioner Crull motioned to adjourn, Commissioner Wright 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: September 15, 2017 TO: Planning and Zoning Commission Members FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner SUBJECT: Planning and Zoning Commission Agenda – September 20, 2017 OLD BUSINESS: Continued Public Hearing on a petition by Central States Tower II, LLC, represented by Richard Connor Riley, for approval of a Special Use Permit for a 140-foot tall cellular communications antenna to be located at the southeast portion of the property at 1300 South Seventh Street. On August 23rd the Planning and Zoning Commission (PZC) conducted a public hearing regarding the request and approved a motion to continue the public hearing to September 20th so that additional documentation could be submitted by the applicant and a staff report could be prepared. The applicant has provided some of the required documentation; however, additional information is still forthcoming. We did receive an escrow agreement from the applicant and a third party is reviewing the documents and plans. Staff is recommending the PZC continue the public hearing to their next meeting on Wednesday, October 4th. Recommended Motion: I move the Planning and Zoning Commission continue the public hearing to Wednesday, October 4, 2017 at 6:00 pm in the City Council Chambers in the DeKalb Municipal Building. NEW BUSINESS: 1. Discussion on proposed text amendments to the Unified Development Ordinance. The staff wanted to bring forward to the PZC some text amendments to the Unified Development Ordinance (UDO) for further discussion. The proposed amendments are summarized below. Article 3 “Definitions” Add definitions for several of the accessory structures noted in Article 7 “Supplemental District Regulations” of the UDO, such as unenclosed and uncovered porches, terraces, patios, stoops and decks. This will assist in making clear distinctions between these various structures and lead to better interpretation and enforcement of the UDO. Article 5 “Zoning District Regulations” Add “impound yard” as a special use in the “LI” Light Industrial and “HI” Heavy Industrial Districts. Impound yard is referenced in the definitions section of the UDO as being classified as a “junkyard”, however it should be listed as a separate use since there are some differences in the characteristics of the two uses. Move “Self-Service Storage Facilities” from a permitted use to a special use in the “LI” Light Industrial and “HI” Heavy Industrial Districts. Self-service storage facilities have unique characteristics (e.g. outdoor storage, 24 hour activity, security, and lighting) that may warrant further review and conditions if located in certain areas of those zoning districts. Remove the numbering for each permitted and special use in all the zoning districts. This will remove the need to re-number the list of uses when a new use is added or deleted. Article 7 “Supplemental District Regulations” Amend Article 7.04 “Accessory Uses, Buildings and Structures” by clearly establishing swimming pools as an accessory structure and include specific regulations not allowing pools in the front yard and include setbacks from the side and rear lot lines. Article 8 “Development Impact Fees” Some of the charts indicating the school and park impact fees need to be coordinated regarding the order on how they are listed based upon type of unit and bedroom count. There are no changes to the fees proposed. Article 13 “Signs” – Remove Article “13.08 Violation – Penalty” and any references thereto, including Article 13.05.10. This provision sets out the fines for violations to the sign regulations. Chapter 1 “General Provisions” of the Municipal Code covers the fines for violations to the UDO. Amend Article 13.06.06 “Temporary Signs” by changing the approval of temporary signs from the Public Works Department to the Community Development Department. Article 16 “Administration and Enforcement” Amend Article 16.01 “Administrative and Enforcement Responsibilities” to clear up the responsibilities of the Chief Building Official, Community Development Director, Public Work Director, Planning and Zoning Commission and City Council. For example, variance applications should be added to the list of items the Community Development Director provides clerical and technical support to. There are no significant changes proposed, just amendments to indicate current practice. Delete Article 16.04 ‘Enforcement”. This section deals with the procedures regarding reporting violations and penalties and remedies for violations of the UDO. Ordinance violation procedures and fines are already covered in Chapter 1 ”General Provisions” of the Municipal Code so we would therefore recommend this section be deleted. Articles 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16 and 17 Correct the names of the Public Work Department, Public Works Director and Community Development Department. Change references from the Engineering Department and Engineering Services Department to the Public Works Department. Recommendation: No official action or motion is required. Staff asks the PZC to provide comments per the proposed amendments. With the PZC’s input and authorization, staff will prepare and a public hearing notice, which would allow for additional public comment via the hearing process. Final authority to amend any regulations regarding the UDO rests with the City Council. We plan to set a public hearing date of October 18, 2017 or November 8, 2017 in front of the PZC regarding the proposed text amendments. 2. Discussion on Planning and Zoning Commission Bylaws. Article 16.02 of the Unified Development Ordinance (UDO) describes the general powers and duties of the Commission as well as requiring that bylaws be adopted that set forth the election of officers; duties; scheduling and conduct of meetings. The bylaws were last discussed by the PZC over four meetings in 2015. On October 28, 2015 the PZC adopted the attached bylaws with two changes. The requirement in Article 3.7 that an affirmative vote of at least four members of the Commission is required to pass any motion regardless of the number of members present at the meeting was removed and the language in Article 3.5 requiring the swearing in of persons giving testimony was also removed. Recommendation: Review the bylaws and provide feedback. The City Attorney has reviewed the bylaws and staff is currently reviewing those comments. We will take the Commission’s comments and bring back a revised copy to a future meeting for further discussion.  BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION ARTICLE I GOALS AND OBJECTIVES 1.1 GOALS AND OBJECTIVES. The goals and objectives of City of DeKalb Planning and Zoning Commission are set forth in Chapter 21 of the Municipal Code for the City of DeKalb under the authority of Chapter 65, Article 11, Divisions 12 and 13 of the Illinois Compiled Statutes. ARTICLE II OFFICERS AND DUTIES 2.1 OFFICERS AND DUTIES. The Officers shall be a Chairperson appointed by the Mayor and a Vice-Chairperson to be selected from members of the Planning and Zoning Commission by Planning and Zoning Commission members. 2.2 SELECTION AND TENURE. The Vice-Chairperson shall be chosen at the first regular meeting in the month of July. The term of office shall be for two (2) years commencing from the time of election or until successor is selected and assumes office. The Vice-Chairman shall be eligible for re- election. 2.3 DUTIES. The Chairperson shall preside at all meetings and supervise the affairs of the Planning and Zoning Commission with the professional direction and assistance of the Community Development Department. The Chairperson shall appoint such sub-committees as may be necessary to carry out the goals and objectives of the Commission. The Chairperson shall also be an ex-officio member of all committees so appointed. The Vice-Chairperson shall act in the capacity of the Chairperson in his absence or disability. In the event the Chairperson should become vacant the Vice-Chairperson shall serve as Acting Chairperson until a new Chairperson is appointed by the Mayor. The Vice Chairperson shall return to the position of Vice-Chairperson upon appointment of a new Chairperson, unless the Vice-Chairperson is appointed as Chairperson, in which case the Commission shall elect a new Vice-Chairperson at the earliest regular Planning and Zoning Commission meeting. 2.4 SECRETARY. The position of Secretary of the Planning and Zoning Commission shall be staffed by the Community Development Department Secretary. The Secretary shall have the responsibility to assure the recording and maintenance of the permanent minutes of the Commission. Copies of minutes shall be distributed to Commission members as a portion of the back-up materials prior to the next regularly scheduled meeting of the Planning and Zoning Commission. Minutes shall also be forwarded to the City Manager, Community Development Director, the Mayor, all City Council Members, and Department Heads. In addition to minutes, the Secretary shall perform other such duties as the Commission may determine. In the absence of the Secretary, the Chairperson shall appoint a Secretary Pro-tem to PZC073-15 PZC By-Law Final Page 1 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED perform Planning and Zoning Commission duties. 2.5 OFFICIAL DOCUMENTS. The official minutes of the Planning and Zoning Commission along with its recommendations shall be permanent records to be kept in the office of the Community Development Department. Any verbatim transcript of recording of the Commission's meetings which are supplemental to the official minutes shall be kept in the office of the Community Development Director for a period of seven (7) years and then may be disposed of by the Community Development Director. All petitions (or applications) for action by the Planning and Zoning Commission or changes in the text of the Zoning Ordinance shall be kept by the City Clerk. The Community Development Department shall maintain copies of these petitions and applications together with letters and other file materials for a period of seven (7) years and then may be disposed of by the Community Development Director according to the procedures of the Local Records Commission of the State of Illinois. ARTICLE III MEETINGS 3.1 REGULAR MEETINGS. Regular Meetings shall be held on the Wednesdays following the Second and Fourth Mondays of each month at 6:00 P.M. in the City Council Chambers, 200 S. Fourth Street, DeKalb, Illinois, 60115. In the case of the meeting date falling on a recognized holiday, the Regular Meeting shall be held on the following Wednesday. Regular Meetings of the Planning and Zoning Commission shall end by the hour of 9:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Regular Meeting at one (1) hour increments with a motion to extend at each hour. 3.2 SPECIAL MEETINGS. Special Meetings may be called by the Chairman or by any four (4) members of the Planning and Zoning Commission. Notice of Special Meetings shall be given by the Secretary to the Members of the Commission at least forty-eight (48) hours prior to such meeting and shall state the purpose and time of the meeting. Special Meetings of the Planning and Zoning Commission shall end by the hour of 9:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Special Meeting at one (1) hour increments with a motion to extend at each hour. 3.3 PUBLIC INVITATION. The Planning and Zoning Commission is a public body appointed by the Mayor and approved by the City Council. All regular and special meetings and hearings shall be open to the public and all records, accounts and minutes of meetings shall be a matter of public record. 3.4 QUORUM. Four (4) members shall constitute a quorum for any regular or special meeting for the transaction of business and the taking of official action. Whenever a quorum is not present at a regular or special meeting, those present may adjourn the meeting to another day or hold the meetings for the purpose of considering such matters as are on the agenda. No action taken shall be taken at such a meeting. PZC073-15 PZC By-Law Final Page 2 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED 3.5 ORDER OF BUSINESS - AGENDA. The Community Development Department shall prepare an agenda for each meeting and the Order of Business therein shall be as follows: a. Call to Order b. Roll Call & Determination of Quorum c. Approval of Agenda Additions - Deletions d. Approval of Minutes of Previous Meeting(s) e. Citizen Comments f. Swearing In of Persons to Give Testimony g. Old Business h. New Business i. Considerations j. Future Considerations k. Reports l. Adjournment Agenda items shall be classified as follows: OLD BUSINESS: Shall be any unfinished business which may be carried over from any previous Regular or Special Commission Meeting and requires a motion to approve, approve in part, amend or take other formal action on any matter before the Planning and Zoning Commission. NEW BUSINESS: Shall be any business which requires the Planning and Zoning Commission to hold public hearings, or requires action by the Planning and Zoning Commission to entertain a motion to approve, approve in part, amend or take other formal action on any matter before the Planning and Zoning Commission. CONSIDERATIONS: Shall be business which requires the attention of Planning and Zoning Commission, but are items which do not necessarily require any formal action by the Commission. Typically, items for consideration require a consensus opinion as to how the Commissioners feel generally about a specific proposal. Future considerations: Shall be future business which would require the attention of Planning and Zoning Commission, but are items which do not necessarily require any formal action by the Commission. Typically, items for future consideration require a consensus opinion on whether or not to bring the item back for consideration at a future meeting. REPORTS: Report items shall be items which Staff feels should be brought to the attention of the Commission. However, the Commissioners may also report to Staff on items which they feel may be of general interest to the Staff. Parliamentary procedure in Planning and Zoning Commission meetings shall be governed by Roberts Rules of Order except where these rules and regulations otherwise provide. 3.6 MOTIONS. Motions shall be restated by the Chair prior to a vote being taken. The names of the motion maker as well as the second shall be recorded. Additionally, the Chair shall have the right to make or second motions. PZC073-15 PZC By-Law Final Page 3 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED 3.7 VOTING. All members shall have equal voting rights, and shall vote either yes or no on each matter to come before them, unless they disqualify themselves because of a conflict of interest when a matter comes before the Commission and abstain from the discussion and voting. Members shall disclose all direct personal financial interest in any proposal, project or development before the Commission and indicate any personal financial benefit that could result from a decision made by the commission. When concerned that there is a potential appearance of a conflict of interest or a public perception of conflict of interest the Commissioner should recuse him/herself from the particular proposal. When in doubt, the Commissioner may seek advice, for example, from the City Attorney, Planning Staff, other Commission members, or others to determine if a conflict or public perception of conflict might exist. Unless otherwise noted, voting shall be by roll call and shall be recorded by “yes” or “no.” The following actions may be approved by a majority of Commissioners present by voice vote, unless otherwise requested by a Commissioner: Approval of Agenda Additions – Deletions, Minutes of Previous Meeting(s), and Adjournment. The Chair may entertain a motion to approve, approve in part, amend or take other action on any matter before the Planning and Zoning Commission. An affirmative vote of at least four (4) members of the Commission shall be required to pass any motion regardless of the number of members present at the meeting except that a majority of a quorum (i.e. 3) for those voting shall be sufficient to approve a motion to adjourn. Any vote which does not receive affirmation by at least four (4) members of the Commission shall be considered to be denied. ARTICLE IV PROCEDURES 4.1 GENERAL PROCEDURES. General procedures to be followed at all Planning and Zoning Commission Meetings are those described in attached Exhibit "A". 4.2 PUBLIC HEARINGS. A Public Hearing will be held or a matter will be taken up for consideration, by the Planning and Zoning Commission provided that: a. No application for a recommendation or other action by the Planning and Zoning Commission shall be considered until all information required by applicable laws or ordinances has been submitted. No item shall be placed on the agenda of the Planning and Zoning Commission unless all information has been submitted not less than eighteen (18) days prior to the hearing. Where a longer period of time may be required for compliance with law or ordinance the item shall not be placed on the agenda unless compliance with applicable laws or ordinances can be obtained. b. Where action is mandated by law or ordinance to be taken by a certain date and all information has not been submitted, it shall be the policy of the Planning and Zoning Commission to deny or recommend denial of an application or petition on grounds that the requirements of applicable laws or ordinance have not been met. PZC073-15 PZC By-Law Final Page 4 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED c. Following initial consideration of an item of business, at the discretion of the Planning and Zoning Commission, additional information pertinent to that business may be requested and considered prior to a decision on it. d. Any motion to approve, approve in part, amend or take other action on certain petitions requiring a public hearing (i.e., rezoning or special use permits) shall include, as part of the motion, a "Findings of Fact" statement prepared and formatted as provided by law. e. For all recommendations or actions to be taken by the Planning and Zoning Commission after January 1, 1976, involving lands outside the corporate limits of the City of DeKalb, no action shall be taken until thirty (30) days after a copy of the petition for such action has been filed pursuant to 70 ILCS 405/22.02a. ARTICLE V MATTERS TO BE CONSIDERED 5.0 MATTERS TO BE CONSIDERED BY THE PLANNING AND ZONING COMMISSION. The Commission shall consider and make recommendation on the following matters. The Commission's action on these matters is advisory only, with all recommendations to be considered for formal action by the City Council. a. Petitions and Staff proposals for changes in the zoning ordinance. Action to be taken on Petitions and Staff proposals are to be done in accordance with Section IV of these By-Laws. b. Petitions on rezoning and special use permits. Action to be taken on Petitions on Rezoning and Special Use Permits are to be done in accordance with Section IV of these By-Laws. c. Approval of preliminary and final subdivision plats. d Recommend land suitable for annexation and to recommend zoning classification of such land upon annexation. e. Approval of all plans prior to publication and general circulation including but not limited to the Comprehensive Plan for the City. f. Recommendations to the City Council on street and alley vacations in accordance with Section IV of these By-Laws. g. Other such matters which may be advisable or essential to receive Planning and Zoning Commission consideration. PZC073-15 PZC By-Law Final Page 5 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED ARTICLE VI AMENDMENTS 6.0 AMENDMENTS. These rules and regulations of organization and procedures may be amended at any regular or special meeting at which a majority of the Planning and Zoning Commission are present and consent thereto. These rules shall be reviewed and re-adopted annually, with or without amendment at the last regular meeting in July. Passed as amended by the Planning and Zoning Commission of the City of DeKalb at its Regular Meeting held on the 26th day of August , 2015. ________________________________________________ Christina Atherton, Chairman City of DeKalb Planning and Zoning Commission PZC073-15 PZC By-Law Final Page 6 of 6 Last Amended 8/15/15  August 12, 2015 PZC Minutes will continue on to the next business. He said if a fence is required at this time, the requirement would continue on into the future. D. Castro indicated he has no problem with there being a patio for Chipotle but wanted to be clear that any decision will have implications reaching into the future. He wondered if there’s something that would keep a business from serving alcohol on the patio in the future. D. Hiland said he isn’t sure how the liquor code reads and would have to look into it. M. Welsh asked if alcohol is presently allowed on the patio at Chipotle on West Lincoln Hwy. Mr. Woodin said he doesn’t think it’s allowed. M. Welsh asked the applicant if would be willing to allow the fencing to be a component of the patio. Mr. Woodin said Chipotle often has fences for various reasons and yes, that would be acceptable. D. Hiland noted that if the PZC recommends amending the zoning it would allow for having a patio but would not compel the occupant to have one. D. Hiland read from the municipal code regarding outside seating areas and offered his opinion, if the intent is to eventually have liquor in the outside area, it would be encouraged to require the fence. The code currently reads that if you’re going to have alcohol outside you have to have fencing. M. Welsh spoke to having a contingency in the instance that another store would occupy the space that Verizon is presently occupying and a new storefront would be needed. M. Welsh asked what the dimensions are outside the patio area. He noted that people park right besides the building so he wants to know how wide the area will be for passage. Mr. Woodin replied it looks to be 2 to 3 feet wide. M. Welsh suggested allowing a 5’ walkway. Commission members discussed how wide the walkway would need to be to allow plenty of room for passage. Chair Atherton wondered about the placement of the doors noting there are two doors on the drawings. Mr. Woodin said he thinks one of the doors is an interior door. D. Castro suggested moving toward rezoning so there is allowance for a fence and at least a 4’ walkway. Chair Atherton closed the public hearing. Staff Comments D. Hiland said it seems that there are two options. Ask the petitioner to return with a revised site plan or proceed as described with the recommendations of a fence noting this will not impede the opening of the store. D. Nier motioned to continue the discussion until the August 26th meeting. M. Welsh seconded the motion. Chair Atherton clarified that the petitioner should come back with a revised drawing indicating fence placement. D. Hiland suggested including a drawing of the interior portion of the restaurant in order to understand the relationship between the outdoor patio and indoor dining areas. The motioned was passed by voice vote. CONSIDERATIONS Review of Planning and Zoning Commission policies and standing rules. D. Hiland noted the intention was to review the Planning and Zoning Commission policies every year but that hasn’t actually happened since 2011. He expressed that it’s time to get back to it. Chair Atherton made three points for change which are: • Change Plan Commission to read Planning and Zoning Commission. • Change the start time from 7:00 to 6:00 p.m. • Change ending time from 10:00 – 9:00 p.m. M. Welsh concurs on the 9:00 ending time and suggests voting for one hour extensions. Also change article 3.2 to 9:00 as well. M. Welsh asked about the code that speaks to term length. D. Hiland said it’s in chapter 21 of the Municipal Code. M. Welsh said there has been difficulty figuring out the history of each position, particularly problematic when someone had taken over a partial term which leads to confusion on what the term length should be. D. Hiland noted that the Bylaws have been amended to include Citizen Comment to each agenda. D. Castro asked for clarification on the wording regarding the need for a majority vote as opposed to the requirement of four members to approve a motion noting that a motion to adjourn is only required to have a simple majority. M. Welsh wondered about moving to swearing in people who will give the oath and adding “swearing in” to the agenda. D. Hiland said he will gather all comments and will bring them back before the Commission so that it can be voted on at the next meeting. REPORTS/ITEMS FOR NEXT MEETING There will be a meeting on August 26th • Chipotle will be revisited. • Verizon Wireless is applying to co-locate on the AT& T tower on South Seventh St. ADJOURNMENT A motion was made by M. Crull to adjourn the meeting. The motion was seconded by M. Welsh and approved by voice vote. The meeting adjourned at 7:20 p.m. Respectfully submitted, Brenda Hart, Recorder Minutes were approved by the Planning and Zoning Commission on September 30, 2015  August 26, 2016 PZC Minutes Jerry Wright seconded the motion. Chair Atherton repeated the motion with the changes noted in items 2 and 5. The motion passed unanimously by voice vote. 3. Review and Adoption of Planning and Zoning Commission By-Laws and standing rules. These items were discussed two weeks ago. Mr. Hiland discussed the current by-laws and the changes recommended including meeting times, the term “Plan Commission” changed to “Planning and Zoning Commission”, and the quorum of four members regardless of the number of members present. Mr. Castro questioned the language of Article III, 3.4, Quorum. The Commission discussed the necessity of the quorum being four as opposed to a majority of members present. Mr. Hiland said he would confirm this and get back to the Commission. Mr. Hiland discussed 3.5 Order of Business – Agenda, and the definitions of Old Business, New Business, Considerations, and Reports as well as the addition of 3.5, f. Swearing In of Persons to Give Testimony. The Swearing in of Persons to Give Testimony was discussed including who swears the persons in (the Chair), is it individually or a group swearing in (a group), and how this would make people think before speaking. It has not been practiced in DeKalb in the past but does not change the way the Commission operates. It is due process. David Castro asked if the Planning and Zoning Commission had any authority to hold someone in contempt of court. Mr. Hiland said he did not know. Roger Ruehling said that, in the past, Chair Don Merwin required everyone that testified at the Zoning Board of Appeals to be sworn in. It was further clarified that anyone wishing to speak at any Public Hearing (except the Planning and Zoning Commission) would be required to be sworn in. Mr. Castro again asked about holding someone in contempt of court and what is the penalty if someone does not speak the truth. Derek Hiland said he will find out and get back to the Commission. It was agreed the changes and questions presented, including the questions regarding quorum, will come back to them at a future meeting with further information. 082615 Planning and Zoning Commission Regular Meeting Minutes/p.7  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING October 28, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on October 28, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Atherton called the meeting to order at 6:00 p.m. A. ROLL CALL Planning & Zoning Commission members present: David Castro, Matthew Crull, Adam Katz, Roger Ruehling, and Chair Christina Atherton. Members absent at roll call were: Deborah Nier and Jerry Wright. Also present: Derek Hiland, Principal Planner, Dean Frieders, City Attorney, and Linda Jacobson, Administrative Assistant. B. APPROVAL OF AGENDA A motion was made by M. Crull to approve the October 28, 2015 agenda. The motion was seconded by R. Ruehling and approved by voice vote. C. PUBLIC PARTICIPATION None D. APPROVAL OF MINUTES A motion was made by D. Castro to approve the September 30, 2015 minutes. The motion was seconded by M. Crull and approved by voice vote. E. OLD BUSINESS 1. Continued Review and Adoption of Planning and Zoning Commission By-Laws and standing rules. Changes to the By-Laws were last considered in August, 2015. D. Hiland, Principal Planner, invited City Attorney Frieders to field questions regarding issues of witness testimony and voting of the Planning and Zoning Commission. D. Frieders advised that with regard to the presentation of witnesses, different communities have different regulations. Under Illinois Municipal Code, a chair has the authority to administer an oath and swear in, if necessary, but this is not required under Illinois case law. Courts have upheld planning commission hearings even with the absence of oaths. Some plan commissions do have an ordinance process; they can require the attendance of, or subpoena witnesses; however, a planning commission does not have independent law enforcement authority and its subpoena would have to go through a judicial process, rather than through the Police Department, and that could provide challenging. There is no case law indicating that the City Planning and Zoning Commission would have an obligation to subpoena a witness. The presenter is responsible for whatever testimony and evidence is needed to support the findings they are asking the Planning Commission to engage in. With regard for authority of a commission for contempt of a witness that is not cooperative, the planning commission weighs testimony based on credibility or from that of a witness who is more open in answering the questions of the commission. They give or don’t give credit to a testimony. Occasionally a commission engages in a quasi-judicial role when determining how facts/law apply to a given recommendation/decision. In this role there is an obligation to permit cross examination. If a commission doesn’t allow a cross examination, the courts deem that a violation. The Planning & Zoning Commission has been careful to permit cross examination where relevant. If a party refuses cross examination after testimony, the commission can give less credence to the testimony offered and reflecting that in the record. Discussion was opened by C. Atherton regarding swearing in of persons to give testimony. D. Frieders advised that once approved in the By-Laws, the swearing in of persons giving testimony should be done consistently at meetings in the format of a public hearing and testimony should be offered under oath. A mass swearing at the onset, making it clear to the public that testimony offered is under oath, with the posting of a sign stating any testimony offered would be considered under oath, even for those who have missed the mass swearing will be sufficient. This can also be incorporated into the By-Laws noting that all testimony is presumed to be done truthfully and is under oath and all participates certify that their testimony is truthful and under oath. Attorney Frieders that swearing in witnesses is not a requirement for commission proceedings, and that not doing so does not make any commission actions or witness testimony less valid. The commission should be consistent in its proceedings. Attorney Frieders then addressed the question of voting. The By-laws reflect that an affirmative vote of at least four members is required to pass any motion; a vote of fewer than four members is only sufficient to adjourn a meeting. A majority of a quorum (three of four of the members) would not be adequate to pass a recommendation before the commission. In the absence of that provision, the applicable rule would be that a majority of a quorum are adequate to pass a motion before the Planning and Zoning Commission. As has been done in the past, it is recommended that the changes to the By- laws be referred to the City Council for approval to give them the force of the City ordinance. Then they would become a procedure the City would follow. Attorney Frieders continued to discuss the City’s unique status as a Home Rule municipality. There is some case law that indicates that even if the City fails to follow its own internal procedures, as long as a zoning decision is reasonable, the decision may still be enforceable. If the Commission intends to adopt a procedure, it is recommended that it follow the procedure as closely as possible. This rule of four votes is not a new provision, as it has been approved by the City Council and in place for some time. D. Frieders clarified, that a vote to approve a motion would need to be four of five; if fewer voted in favor, the motion would be denied. M. Crull voiced concern that this procedure is special, in that more than a majority voting in favor would be necessary to pass a motion. He stated the he was not in support the requirement of four votes to approve. However, he would not object if the other Commission members believed the rule to be necessary. Chair Atherton mentioned a situation in the past when a quorum was met for a meeting to be held, as four members were present, and a motion was considered. In this case, three voted in favor of the motion, but the motion did not pass. The motion had to be brought back at the next meeting because there was confusion about whether a vote of three was or was not adequate to pass the motion. Attorney Frieders stated that if the vote of four is required, that the Commission review its By-laws periodically, especially when a new member joins, to be sure everyone understands the procedure. A discussion of the pros and cons related to an approved vote being four in favor followed. It was found that a real possibility exists of meeting a quorum to hold a meeting but not having enough votes in favor to pass a motion that is brought to the Commission. A discussion of the requirement for swearing-in witnesses took place. D. Castro stated that he did not believe that requirement should be in the By-laws, as there is no way to enforce it and it would be just symbolic. A. Katz voiced agreement with D. Castro. M. Crull pointed out that the swearing-in of citizens may not be beneficial, as citizen comments are often opinions, not necessarily truths. R. Ruehling stated that he was in favor of the swearing-in requirement as it might keep citizens from stretching the truth. Chair Atherton voiced concern that requiring swearing-in citizens may deter them away from speaking at public hearings and giving valuable insight. D. Castro thanked Attorney Frieders for his clarification of the language in the By-laws related to the number of votes necessary for approving a motion and for swearing-in of witnesses. D. Castro motioned to postpone the vote on the new language of the By-laws until the next meeting of the Planning and Zoning Commission. This motion failed. A discussion continued in which M. Crull voiced support for striking out the language in the By-laws that regarding the number of required affirmative votes and the swearing-in of citizens. Chair Atherton also supported the removal of the language for the required four affirmative votes, which may delay decisions when only four members are present at a meeting. R. Ruehling stated he would support striking out the language requiring the four affirmative votes as well. M. Crull motioned to adopt the By-laws as they are with the recommendation to remove the requirement for an affirmative vote of at least four members and the language requiring the swearing- in for citizen commentary. This motion was seconded by A. Katz. A roll call vote was taken: D. Castro abstained; M. Crull, A. Katz, R. Ruehling, and Chair Atherton voted yes. The motion passed. Attorney Frieders stated that the By-laws as approved by the Commission will go to the City Council for approval on November 23, 2015. Until then, the Commission is bound by the current, unrevised By-laws. However, no meetings of the Commission were planned before the meeting of the City Council, so there should be issue with this time period between.