Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission July 5, 2018 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. June 20, 2018 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – Petition by Brad Coppens, applicant, and Brian Scholle and Sheela Prahlad, owners, for approval of a Special Use Permit for a Video Gaming Establishment in the “GC” General Commercial District for property located at 850-852 S. 4th St. F. REPORTS G. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION June 20, 2018 The Planning and Zoning Commission held a Meeting on June 20, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary, Linda Odom called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, David Castro, Matthew Crull and Deborah Nier. Commissioner Jerry Wright was absent. City staff present were Principal Planner, Dan Olson and Recording Secretary, Linda Odom. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the June 20, 2018 agenda as presented. Ms. Barbe motioned to approve the agenda as presented. Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES June 6, 2018 – Principal Planner Dan Olson noted a correction on the bottom of the 2nd page of the minutes indicating the approval of the minutes should be on June 20, 2018 not July 5, 2018. Ms. Buckley motioned to approve the minutes with the change as presented, Ms. Nier seconded the motion, and the motion was approved by unanimous voice vote. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Public Hearing - Petition by Karen Dodge of Municipal Resolutions representing DeKalb Community School District #428 for approval of a Special Use Permit for a Public School to approve waivers to the ground and wall sign regulations as allowed per Article 13.02.06 of the Unified Development Ordinance and as shown on the sign details made part of the Special Use application (Littlejohn Elementary School) (1121 School Street) Planning and Zoning Commission June 20, 2018 Page 2 of 4 Chair Doe opened the meeting to the petitioner for a presentation. Karen Dodge from 325 Sand Pebble Lane in Aurora, representing Quantum Sign, spoke on behalf of Carl Littlejohn School and District 428. Ms. Dodge gave a presentation on how they would like to more clearly identify the property as a school and the entrances. She noted the school has not had any permanent street view signage to designate it as a school aside from the temporary panel sign put in when the school changed entrances. She went over the plans for the locations of the signs including details for each and noting the proposed signage meets all the sign regulations in the UDO if the site was zoned commercial. Ms. Dodge stated she believes the special use will not negatively impact the surrounding land uses, property values or public health. Mr. Olson went through the staff report dated June 15, 2018, noting sign regulations for schools are not covered very well in the UDO and therefore waivers were required. He stated the proposed signs will allow information about the school to be communicated better to the parents and community. Mr. Olson added that in the past, permits for signs at schools may have not been required per state law regarding building permit for schools. He noted that DeKalb High School does have a a digital display in their ground sign which was approved with a special use permit in 2009. Mr. Olson mentioned other digital display signs at First Midwest Bank and Bemis Toyota, noting staff is recommending the operational limitations approved with the Bemis sign be adopted for the digital display sign proposed for Littlejohn School. Mr. Olson went through the standards for a special use and stating staff recommends approval of the request. He noted there were two Citizen Response Form submitted, both indicating their support of the proposal. Chair Doe gave the public a chance to speak. Steve Farmer of 1125 N. 13th St. stated his house is directly south of the existing and new sign location along N. 13th St. He said he is not opposed to the sign, however would like to see the sign moved about three feet to the west to increase the visibility as he backs out of his driveway. Chair Doe opened up the discussion to the Commissioners for comments or questions. Ms. Nier was also concerned about the distance of the sign to the sidewalk and visibility down 13th St. Ms. Dodge noted a concern about moving the sign too far west where it won’t be able to be seen. Mr. Olson mentioned there are setback and visibility requirements in the UDO that would ensure the sign will not block visibility. Mr. Olson mentioned during the permit review process for the signs, checks would be made to ensure setback and visibility standards are met. He said the City will work with Mr. Farmer to make sure the visibility is adequate. Mr. Castro asked if the two illuminated signs will be turned off at night as there are few school activities during that time. Ms. Dodge responded the signs can be turned off at night. Ms. Barbe and Ms. Nier reiterated concerns about the signs being illuminated at night. Mr. Olson said the Commission can stipulate a time when the signs can be illuminated. Tammy Carson, Director of Facility Operations for School District 428, responded that they would have an individual responsible Planning and Zoning Commission June 20, 2018 Page 3 of 4 at Littlejohn School who would handle the programming of the lights and can set a time limit if requested by the Commission. She stated there are not many events occurring at the school at night, so the signs can be turned off. There was a discussion between the school district and the Commission members regarding when the signs could be turned on and off and there was a consensus that the readerboard sign along N. 13th St. could be illuminated between the hours of 6:00 am and 10:00 pm and the digital display sign near the entrance of the building could be illuminated between the hours of 7:00 am and 8:30 pm. Chair Doe gave the public one more chance to speak, there was none. Chair Doe closed the public hearing. Mr. Olson suggested a more consistent time for both lights to come on and off so there would be easier enforcement. He suggested the signs could come on at dawn and asked the school district if they can do that. Ms. Carson responded that the school district could have two different times for the signs or whatever the equipment can do, but she has not discussed it with the sign company yet. Mr. Olson noted any time restrictions should be noted in the Commission’s motion. Mr. Crull moved that based upon the submitted petition and testimony presented, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Special Use Permit for a Public School to approve waivers to the ground and wall sign regulations as allowed per Article 13.02.06 of the Unified Development Ordinance and as shown on the sign details dated May 7, 2018 prepared by Quantum Sign Corporation (Pages 1,2,4 and 5) and location map labeled as Exhibit A and per the conditions as indicated on Exhibit B for the electronic readerboard sign (digital display sign), with the additional addendum that the digital display sign have a time limit on when it can be illuminated between the hours of 7:00 am and 8:30 pm and the readerboard sign along N. 13th St. have a time limit when it can be illuminated between the hours of 6:00 am and 10:00 pm and that the school district investigate other agreeable times for illumination of the signs as they are best suited for the district and the neighborhood. Ms. Barbe seconded the motion. Ms. Nier asked about the physical movement of the sign along 13th St. and does that have to be incorporated into the motion or can it be handled through the permitting process. Mr. Olson responded it would be handled through the permitting process. Mr. Castro wanted to remind everyone this is a recommendation to the City Council and they have the final word on this. He also mentioned the school should have their own internal discussions on the illumination of the signs. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Mr. Crull – yes, Ms. Nier – yes, Chair Doe – yes. Motion passes 6-0-1. Mr. Wright was absent. Planning and Zoning Commission June 20, 2018 Page 4 of 4 F. REPORTS – Chair Doe thanked Mr. Crull for his service, indicating this is his last meeting. She stated it has been a pleasure to have him on the Commission. Mr. Olson mentioned the next Planning and Zoning Commission meeting will be Thursday, July 5, 2018. He stated there is one public hearing scheduled, which is for a video gaming establishment on South 4th St. Mr. Olson added that the City Council, at their last meeting on June 11th, approved the rezoning and plans for the proposed Pizza Hut on W. Lincoln Highway. He added the restaurant plans to open in the fall. G. ADJOURNMENT Mr. Crull motioned to adjourn, Mr. Castro seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 6:40pm. Respectfully Submitted, Linda Odom, Recording Secretary Minutes were approved by the Planning and Zoning Commission on July 5, 2018.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT June 29, 2018 TO: DeKalb Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Special Use Permit for a Video Gaming Establishment at 850-852 S. 4th St. (Brad Coppens) (Maisy’s) I. GENERAL INFORMATION A. Purpose Approval of a Special Use Permit for a Video Gaming Establishment for 850-852 S. 4th St. B. Location/Size 850-852 S. 4th St/.32 acres C. Petitioner Brad Coppens, applicant - Brian Scholle and Sheela Prahlad, owners D. Existing Zoning “GC” General Commercial District E. Existing Land Use Insurance Office and Personal Service Uses F. Proposed Land Use Addition of a Video Gaming Establishment to building containing other business uses. G. Surrounding Zoning and Land Use North: ”GC” General Commercial; single- family residential, various commercial uses South: “LC” Light Commercial; car wash, residential, various commercial uses. East: SFR2– Single-Family Residential; Two single-family homes and public elementary school West: “GC” and “LC”; D428 Administrative Offices, two day care centers, automotive repair H. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The applicant, Brad Coppens, is proposing to establish a “Video Gaming Establishment” to be called Maisy’s in a portion of the building located at 850-852 S. 4th St. The building on the site is 3,310 sq. ft. and the video gaming establishment will be located at the southern end of the building taking up about 1/3 of the total gross floor area. The building also contains an insurance office and massage therapist. The applicant has provided a description of the proposed operation and how they believe it will be in compliance with the special use standards of the UDO (included in packet). In February and March of 2017, the City Council approved ordinances regulating establishments that include video gaming machines or terminals. These actions were the culmination of research conducted as part of a six-month moratorium on new video gaming licenses due to the high volume Page 2 of 4 of requests for stand-alone video gaming establishments in 2016. In addition to amendments to the UDO that created a new definition and separation requirements for stand-alone video gaming establishments as a principal use, the Council also asked for revisions to Chapter 38 “Intoxicating Liquors” in order to limit the number of new stand-alone video gaming establishments to the number that existed at the time of adoption, which was seven establishments. The amendments to the UDO also included placing video gaming establishments as a special use in the “LC” Light Commercial and “GG” General Commercial zoning districts. Throughout the rest of 2017 and early 2018, the City fielded requests from several entities interested in establishing video gaming establishments. In March, 2018 the City Council discussed the matter and adopted an Ordinance authorizing amendments to Chapter 38 of the City Code to increase the number of supplemental licenses for video gaming establishments by one (1) for the properties located at 850-852 S. Fourth Street, 1221 W. Lincoln Highway, and 110-124 E. Hillcrest Drive, to become effective only after the Council’s later approval of a special use for a video gaming establishment for one or all properties, and in compliance with the Municipal Code and conditions in the Ordinance. The applicant for 850-852 S. 4th St. submitted a liquor license and video gaming license application per the time requirements established in the March Ordinance. On June 11th the City Council approved an Ordinance authorizing a bar liquor license with supplemental licensure for video gaming terminals for 850-852 S. 4th St. subject to several conditions. One of those conditions was that the applicant must obtain all required zoning approvals including a special use permit. On June 11th, the applicant submitted a special use petition for a video gaming establishment on the subject site and a public hearing in front of the Commission was set for July 5th. Approval of the Ordinance by the City Council does not automatically grant the special use permit. The applicant must go through public hearing process and establish that the use meets the standards for a special use as contained in the UDO. III. CITIZEN RESPONSE/COMMENTS We received a Citizen Response Form from Sherry Blondell of 917 S. 5th St. indicting she does not support the proposal. A copy of the form is in your packet and will be made part of the record. IV. CONCLUSIONS AND RECOMMENDATIONS The City has received communications from a child care center across S. 4th St. from the subject property noting concerns about the proposed use and their interest in attending the public hearing along with some parents. A full staff report has not been prepared in order to allow comments from the public to be made prior to a recommendation. We are recommending the public hearing be continued after the applicant’s presentation, public input and Commission’s questions and comments on July 5th. We are suggesting the hearing be continued to the August 8th Planning and Zoning Commission meeting, where a full report with a recommendation from staff will be provided for the Commission’s consideration. Two other public hearings have already been scheduled for the July 18th Commission meeting. Page 3 of 4 Sample Motion: I move that the public hearing for a Special Use Permit for a Video Gaming Establishment at 850- 852 S. 4th St. be continued to the August 8, 2018 Planning and Zoning Commission meeting to be held in the City Council Chambers at the DeKalb Municipal Building, 200 S. 4th St. DeKalb, IL at 6:00 PM. Page 4 of 4  S. 4th ST CULVER ST. 1 SITE PLAN A1 SCALE: 1" = 20'-0" 1 BUILDING PLAN AREAS PLAN A2 SCALE: 3/32" = 1'-0" Maisy’s 14.03.05 Special Permit Compliance a. Maisy’s complies with all provisions of applicable district regulations. b. Maisy’s will not be detrimental to the neighborhood or public welfare of the community. c. Maisy’s special use will not affect the outside building or the land on or near the property of 850-854 S. Fourth Street. A fenced in area will be erected around the garbage dumpster. A “Maisy’s” sign will be placed on the front of the building. No other outside work will be done. d. Maisy’s has or will have adequate utility, drainage, and comply with all city requests to be in compliance. e. Currently, the south side of DeKalb has no video gaming café’s. Patrons can go to a bar(Twins) to play, or a private non-profit(Legion), but there are no café’s. Maisy’s will provide a clean, friendly environment where customers can enjoy their video gaming experience. All signage laws will be adhered to, and similar to the other gaming establishments in the city. Proposed Use and Description Hours of operation M-W 7am-1am R-Sa 7am-2am Sun 10am-1am. These are the allowable liquor serving hours set by the City. If we find, for example, that no one is coming in after midnight, the hours will be adjusted as necessary. Maisy’s will have approximately 8 employees, of which it is desired that these employees will be residents of the south side of DeKalb. Maisy’s will fill a currently empty commercial real estate property on South Fourth Street(State Route 23). The capacity limit will never be in question, since the state allows no more than 5 video gaming machines in a facility. The DeKalb City Council has a set of goals for the economic development of the city. Maisy’s applies to several of these goals. Below are how Maisy’s applies.(Taken word for word from the City Council’s goal directive) a. Focus on areas outside of downtown b. Increase efforts to draw business to East and West Lincoln Highway and South 4th Street c. Increase business activity on South 4th Street and East Lincoln Highway d. Reduce commercial vacancies by 25% e. Use vacant retail space for pop up stores. All permits have been, or will be applied for including building, fire safety, County Health, and signage. Alcohol training has been completed by me, Brad Coppens, owner, and all employees will be required to pass the training mandated by the City. The impact Maisy’s will have on the City of DeKalb includes the following. a. Filling an empty commercial property on South Fourth Street. b. Employing local citizens c. Revenue to the City of DeKalb which includes approximately $4000/year in fees. d. Revenue to the City of DeKalb which includes approximately $2000/month in profit sharing fees. e. Both myself, and the building owners are City of DeKalb homeowners and residents. Profits generated will stay in Dekalb. LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its meeting on Thursday, July 5, 2018, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Brad Coppens, applicant, and Brian Scholle and Sheela Prahlad, owners, for approval of a Special Use Permit for a Video Gaming Establishment in the “GC” General Commercial District. The property is commonly described as 850-852 S. 4th St., DeKalb, IL 60115 and has a Parcel Identification Number (PIN) of 08-26-102-003. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. by Thursday, June 28, 2018. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at http://www.cityofdekalb.com/1103/Public-Hearings Christina Doe, Chairperson DeKalb Planning and Zoning Commission Page 4 of 4