Planning & Zoning Commission

DeKalb Municipal Building City Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission April 22, 2020 6:00 PM Please Note: On March 16, 2020, Illinois Governor JB Pritzker issued executive order 2020-07 which declared that during the duration of the Gubernatorial Disaster Proclamation pertaining to the coronavirus outbreak, “the provisions of the Open Meetings Act, 5 ILCS, requiring or relating to in-person attendance by members of a public body are suspended. Specifically, (1) the requirement in 5 ILCS 120/2.01 that ‘members of a public body must be physically present’ is suspended; and (2) the conditions in 5 ILCS 120/7 limiting when remote participation is permitted are suspended.” The executive order further states that when a public meeting is considered necessary by the governing body, “public bodies are encouraged to provide video, audio, and/or telephonic access to meetings to ensure members of the public may monitor the meeting, and to update their websites and social media feeds to keep the public fully apprised of any modifications to their meeting schedules or the format of their meetings due to COVID-19, as well as their activities relating to COVID-19.” The City of DeKalb has taken prudent steps to assure that Planning and Zoning Commission member remote participation and public access are available and will be provided within the provisions of the Governor’s executive order. A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. April 8, 2020 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Continued Public Hearing – Petition by Ventus Tech Services LLC for approval of the rezoning, preliminary and final development plans, and a plat of subdivision for a data center on approximately 505 acres of property generally located east of State Route 23 and south of Gurler Rd. 2. Public Hearing – Petition by the City of DeKalb to add a definition for “data center” and to add it as a permitted use in the “ORI”, “LI”, and “HI” Zoning Districts and to remove the requirement that only certain specific uses may be allowed in the “PD- C” and “PD-I” Zoning Districts and to provide for a process for approval of minor changes to the final plan and plat of subdivision for planned developments over a certain size. 3. Public Hearing – Petition by NuMed Partners LLC for approval of a special use permit for a “Cannabis Business Establishment” in order to locate an adult use and medical cannabis dispensary at 818 W. Lincoln Hwy. F. REPORTS G. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION April 8, 2020 The Planning and Zoning Commission held a Meeting on April 8, 2020, at the City of DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chair Max Maxwell called the meeting to order at 6:05 PM. Chair Maxwell stated he wanted to thank everyone for being here tonight, including Commission members who are attending remotely and for those who are watching on Channel 14 or streaming live. He referenced the Governor’s Executive Order in March that allows Commission members to participate remotely. He said member Chris Doe will be joining the meeting remotely by calling in and mentioned for those attending the meeting the room has been set up to meet the CDC recommended distancing guidelines and the Executive Order from the Governor. A. ROLL CALL Recording Secretary Aaron Walker called the roll. Planning and Zoning Commission members present were: Chair Max Maxwell, Steve Becker, Ron Klein, and Trixy O’Flaherty. Vice Chair Christina Doe attended the meeting remotely by an audio conference call. Commissioners Jerry Wright and Vicki Buckley were absent. Principal Planner Dan Olson was present representing the City. Chair Maxwell noted B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the April 8, 2020, agenda as presented. Mr. Klein motioned to approve the agenda as presented. Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. March 4, 2020 – Chair Maxwell requested a motion to approve the March 4, 2020 minutes as presented. Vice Chair Doe noted two corrections on pages one and three regarding the incorrect referencing of Chair Maxwell which should have been Vice-Chair Doe. Mr. Becker motioned to approve the minutes with the corrections noted. Mr. Klein 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 Ventus Tech Services LLC for the annexation, rezoning, and conceptual site plan approval for approximately 505 acres of property generally located east of State Route 23 and south of Gurler Road. Chair Maxwell noted the public hearing for the Petition by Ventus Tech Services LLC would be continued until April 22, 2020, to ensure all relevant plans and plats would be included with the petition. He said If there is anyone in the audience from the public who wants to speak, we can take their comments. There was none. He asked the Commission for a motion to continue the hearing. Mr. Klein moved the Planning and Zoning Commission continue the public hearing for Ventus Tech Services, LLC to Wednesday, April 22, 2020 at 6:00PM in the City Council Chambers in the DeKalb Municipal Building located at 200 S. Fourth Street, DeKalb, IL. Mr. Becker seconded the motion. A roll call vote was taken. Mr. Becker – yes, Mr. Klein – yes, Ms. Doe – yes, Ms. O’Flaherty – yes, Chair Maxwell – yes. Motion was passed 5-0-2. Ms. Buckley and Mr. Wright were absent. 2. Public Hearing – Petition by B33 Northland Plaza LLC for approval of amendments to Ordinance 2019-004 and to waive provisions from Articles 5, 9, 10, and 12 of the UDO regarding building and parking setbacks, maximum site coverage, lots having to front on a public street, and to permit existing utility connections and other approvals as required in association of approval of the Final Plat of Northland Plaza Third Resubdivision located within the address range of 2420-2572 Sycamore Road. Kevin Buick, attorney representing B33 Northland Plaza, LLC, advised Bridge 33 Capital is a Seattle based commercial firm that has owned the subject property for some time. He advised in January of 2019, B33 Northland Plaza LLC had petitioned for a second resubdivision, which created an additional lot within the shopping center to allow for a new tenant, Plant Fitness. He stated Planet Fitness requires ownership of the property they are operating in. Mr. Buick said Northland Plaza is currently a two-lot subdivision and are proposing to create a total of 8 lots. Mr. Buick noted Lot 1 would include the large building on the east side of the shopping center, Lot 2 would be Planet Fitness, Lot 3 would include the Egg Haven building, Lot 4 would include the Panera Bread building, Lot 5 would be the detention pond, Lot 6 would include the Panda Express building, Lot 7 would include the Buffalo Wild Wings Building, and Lot 8 would include the building at the southwest corner of the shopping center. Mr. Buick stated the shopping center would continue to operate as a cohesive body. He advised the resubdivision would allow the buildings to be sold separately if required and noted this is the most common arrangement for shopping centers. Mr. Buick advised the amendments to the Planned Development will accommodate the requested provisions. He noted the Planned Development has restrictions on setbacks, which would be impossible to meet with the proposed resubdivision because the buildings are already in place. He advised Article 9 of the UDO requires lots to front a public street. He noted Lot 2 and 7 would not meet this requirement with the resubdivision, however, they would still be accessible to a public street through the shopping center’s reciprocal easement agreement (REA). Mr. Buick also mentioned there are waivers to Article 10 regarding utility extension and Article 12 regarding parking setbacks that are needed. Mr. Buick stated no new tenants are proposed with this petition, but it will set up the shopping center for future investments. Principal Planner Dan Olson went through the staff report dated April 3, 2020. Mr. Olson advised the exterior setbacks of the shopping center will be maintained. He stated only the internal setbacks within the shopping center will have to be amended. He noted maintenance of the shopping center will still be maintained through the REA, even if the lots are divided and sold to various investors. Mr. Olson advised staff recommended approval of the petition and Exhibit A and described the proposed amendments. Chair Maxwell gave the Commission members the opportunity to speak. Chair Maxwell gave the public a chance to speak. There was none. Mr. Klein moved that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of amendments to Ordinance 2019-004 and to waive provisions of the Unified Development Ordinance and approval of the Final Plat of Northland Plaza Third Resubdivision dated April 2, 2020, located along Sycamore Road subject to the amendments, waivers and conditions as indicated on Exhibit A in the staff report. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Mr. Becker – yes, Mr. Klein – yes, Ms. Doe – yes, Ms. O’Flaherty – yes, Chair Maxwell – yes. Motion was passed 5-0-2. Ms. Buckley and Mr. Wright were absent. F. REPORTS Mr. Olson advised the next Commission meeting will be on April 22, 2020 and will include the continued petition by Ventus Tech Services LLC, a petition for a proposed cannabis dispensary to be located at 818 W Lincoln Hwy, and a text amendment to add data centers to the UDO. G. ADJOURNMENT Ms. O’Flaherty motioned to adjourn, Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission adjourned at 6:19PM.  STAFF REPORT April 3, 2020 – Revised April 17, 2020 TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Approval of the Rezoning, Preliminary and Final Development Plan and Subdivision Plat for approximately 505 acres of property generally located east of Rt. 23 and south of Gurler Road for a data center (Ventus Tech Services, LLC) I. GENERAL INFORMATION A. Purpose To accommodate a data center and accessory uses in an approximately 970,000 sq. ft. facility with an option to expand. B. Owner/Applicant Ventus Tech Services, LLC C. Location and Size East of Rt. 23, south of Gurler Road/approximately 505 acres D. Existing Zoning and Land Use “A-1” (unincorporated DeKalb County); agriculture E. Proposed Zoning and Land Use “PD-I”; data center and accessory uses F. Surrounding Zoning and Land Use North– PD-I, PD-C and A1; food distribution center – under construction, agriculture South – A-1 (unincorporated); agriculture East – A-1 (unincorporated); agriculture West – PD-R & A-1 (unincorporated); agriculture and single-family G. Comprehensive Plan Designation Office/Research Park, Commercial & Light Industrial II. BACKGROUND AND ANALYSIS On April 8, 2020 the Planning and Zoning Commission continued the public hearing for Ventus Tech Services, LLC to April 22, 2020. The hearing was continued so that all relevant plans and plats are included with the petition. A new hearing notice was sent out to surrounding property owners on April 3, 2020 noting the new hearing date. Since the hearing on April 8th, the applicant has submitted a schematic engineering plan that shows in more detail the proposed road, sanitary sewer and watermain improvements. This plan along with the other plans submitted previously will serve as the preliminary and final development plan, which will more closely conform to the Unified Development Ordinance’s (UDO) reference to a preliminary and final development plan and subdivision plat, typically approved with any planned development. A plat of subdivision was previously submitted by the applicant and is provided in the Commission’s packet. The petitioner, Ventus Tech Services, LLC, is requesting approval of the annexation and rezoning of approximately 505 acres of property generally located east of Rt. 23 and south of Gurler Road to accommodate a data center and accessory uses in an approximately 970,000 sq. ft. facility with an option to expand. The requested rezoning would change the zoning of the subject site, after annexation, from the “SFR1” Single-Family Residential District to the “PD-I” Planned Development Industrial District. The petitioner also seeks approval of a Preliminary and Final Development Plan and Plat of Subdivision, which are part of the petition, along with the approval of associated development standards for the subject site. On March 9, 2020 the DeKalb City Council unanimously approved a Pre-Development Agreement with Ventus Tech Services, LLC, which established the City’s intent to appropriately annex and rezone the subject site. The agreement also established the intent to extend financial incentives including a property tax abatement program through the DeKalb County Enterprise Zone program that is tied to job creation and retention goals, minimum square footage goals, and project wage levels. To accommodate the incentives, the City Council approved an extension to the DeKalb County Enterprise Zone map on January 13, 2020 to include the subject property, and included new property tax incentives for high impact knowledge-based companies or data centers with a minimum of $800 million of investment and a minimum of 900,000 square feet of development area. On April 2, 2020 the DeKalb County Enterprise Zone approved a Memorandum of Understanding to deliver these benefits to Ventus Tech Services, LLC within the reciprocal obligations defined by the Enterprise Zone program. On April 13, 2020 the City Council approved on first reading the Annexation and Development Agreement with Ventus Tech Services, LLC for the data center. The second reading will occur at the April 27, 2020 City Council meeting. The Agreement will allow for the approval of the annexation, rezoning, plan/plat, and incentive package for the 500+ acre site. In addition, there will be a public hearing and action by the City Council on April 27th meeting to approve the vacation of Crego Road between Gurler Road and the southern boundary of the site. The vacation of the road is necessary for the data center operations and will become a private internal drive. A new road will be constructed just to the east of the data center site (see attached map). After the approval of the Page 2 of 11 annexation, mass grading on the site is scheduled to start in early May. The petitioner is proposing an initial investment of more than $800 million to construct the data center facility, with the option to expand thereafter in additional phases. The skilled workforce will consist of high wage technology professionals and would include a minimum of 50 high paying jobs. The proposed rezoning request and plan approval will allow the development of a data center that will generate new business opportunities and support existing commerce in the surrounding area, while spurring increased property values and other development opportunities. Over the next 20 years the proposed data center is projected to yield tax revenue for the participating taxing bodies (even with the tax abatements) that is comparable to the five largest existing industrial companies in the City, combined. Preliminary and Final Development Plan /Plat of Subdivision and Development Standards The plans show an approximate 970,000 sq. ft. data center building on the far eastern portion of the site and an electrical substation to the southwest of the building. The main access to the site will be provided by Peace Road, which will be extend into the site and security controlled. Access will also be provided along Gurler Road, at Crego Road (gated and controlled) and other possible locations along Gurler as the site is built out. Crego Road is currently under the jurisdiction of Afton Township and the right-of-way will be vacated as a public roadway from Gurler Road to the southern boundary of the site and made into a private road for the data center. Access to the data center from Crego Road at the southern end of the property will be through a gate also. Public access will not be allowed at this location, with a proposed cul-de-sac providing an adequate turnaround. The vacation of the Crego Road after annexation is necessary and critical for the data center operations and will become a private internal drive. The data center will be a highly secured facility and mass grading on the site (including the area near Crego Road) will start in early May. A new north-south road from Gurler Road to Keslinger Road will be constructed just to the east of the data center site (see attached map), which will include a 66-foot-wide right-of-way and two 12-foot driving lanes. The City has already signed a contract with an engineering firm to start the preliminary engineering on the roadway with the construction hopefully being completed in 2020. The building footprint shown for the approximate 970,000 sq. ft. data center building is general and will also include parking for the facility and landscape areas. A mechanical yard is proposed around two sides of the building. Internal private drives will connect the data center building with the three proposed access points and the proposed substation, which will be partially owned by the data center company and ComEd. Security fencing will surround the site. Sample building elevations were provided indicating precast concrete wall panels on the lower half of the building and metal wall panels on the upper half. The majority of the building will be 54 feet in height and just under 57 feet at the highest point. The maximum height in the “LI” Light Industrial and “HI” Heavy Industrial Districts is 75 feet. Page 3 of 11 The landscape details sheet show landscaping around the perimeter of the initial phase of the development which is intended to meet the UDO requirements. The plan also has landscaping along the Rt 23 which exceeds the UDO requirements by 30 trees and will include a 20-foot berm to match what is proposed for the Chicago West Business Center to the north. The plantings and berm along the Rt. 23 frontage will be installed in a future phase of the project when development on the site transitions to the west. The recommended building setback along Rt. 23 was increased from 150 feet to 400 feet since the initial draft of the development standards. The 400-foot building setback will be consistent the planned setback along Rt. 23 for future buildings on the Chicago West Business Center development to the north. The proposed Preliminary and Final Development Plan for the subject site is in compliance with UDO standards and the recommended development standards at the end of the staff report (Exhibit B). The standards were based upon the regulations in the “LI” and “HI” Industrial Districts and the standards for the Chicago West Business Center (Ferrara Site) to the north. A Plat of Subdivision has also been submitted indicating the creation of one lot for the entire site. The Plat includes the dedication of 50 feet of right-of-way along Gurler Road for roadway improvements and the establishment of a 20-foot easement along Rt. 23 for the Kishwaukee Water Reclamation District to extend a future sanitary sewer. The petitioner has requested the construction of additional buildings and improvements beyond what is shown on the submitted plans be allowed without further zoning review or public hearings if approved by the City Manager. The approval is contingent upon the additional buildings and improvements complying with the development standards in Exhibit B. Roadway Improvements Several roadway improvements are planned for the project and in conjunction with the Ferrara Candy Company development across Gurler Road. The existing T-intersection at Peace Road and Gurler Road will be reconstructed and made into a roundabout. Gurler Road will be upgraded to a three-lane section, similar to Fairview Drive, capable of accommodating year-round truck traffic. Intersection traffic control improvements are necessary at both ends of Gurler Road adjacent to the project site. Rt. 23 and Gurler Road will receive a signalized intersection with appropriate turns lanes to accommodate demand with Rt. 23 through traffic remaining the dominant movement. The proposed roundabout at Peace Road and Gurler Road will accommodate free-flowing traffic to avoid delays from conflicting dominant movements from both Project Ventus and the Ferrara sites as those trips enter/exit the I-88 interchange. Although Crego Road is planned to be vacated between Gurler Road and the southern limits of the subject site with the proposed development, a new north-south roadway will be constructed just to the east of the site between Gurler Road and Keslinger Road. The total road cost will be about $970,000 and the City will be using funds dedicated by State Representatives Tom Demmer and Jeff Keicher from the State's 2019 Capital Projects Page 4 of 11 Fund (Rebuild Illinois Capital Plan) to pay for the new one-mile roadway. The road will include a 66-foot-wide right-of-way and two 12-foot driving lanes and will allow for a new means of access from Peace Road and Gurler Road to areas south of the subject site and will hopefully be completed in 2020. A total of $4,610,000 is necessary for all the roadway improvements noted and will be divided between the following: • State Representatives Tom Demmer and Jeff Keicher from the Rebuild Illinois Capital Plan - $1,370,000 (29.71%) • City of DeKalb - $125,000 (2.71%) • Private/Developers (Ferrara and Ventus) - $3,115,000 (67.57%) Utilities/Stormwater Drainage The existing overhead electrical line along the east side of the site is 138kv and will serve the initial building and a 34 kv line further west will service future facilities. An electrical substation will be construed to the southwest of the initial building and owned by the data center company and ComEd. A 16" watermain will be looped to the south side of Gurler Road between stubs under I- 88 at State Rt. 23 and Crego Road (near the DeKalb Oasis). Additionally, the stub on Gurler Road near Corporate Drive will be drawn east to tie into the loop as well. The loop will have an eastern extension which will terminate just east of Peace Road serving as the final connection point for the Ventus site. Two 16” water connections are proposed to extend into the subject site in the initial phase. A separate water agreement will be provided in the annexation and development agreement which will ensure adequate and reliable water can be provided to the site. The Kishwaukee Water Reclamation District has been working with the Chicago West Business Center developer, Jerry Krusinski, and the petitioner on the sanitary sewer layout which will serve the Ferrara and Ventus sites. The sanitary sewer will be extended from a point near Harvester Dr. and Rt. 23, down the east side of Rt. 23 and then east along the north side of Gurler Road to the site at Crego Road. Four stormwater retention ponds are initially proposed on the site and will accommodate the initial phase of development. Its anticipated mass grading will commence on the site in early May, once the project is approved by the City. III. FINDINGS OF FACT - REZONING 1. The proposed rezoning conforms to the Comprehensive Plan, or conditions have changed to warrant the need for different types of land uses in that area. The proposed rezoning is appropriate considering the length of time the property has been vacant, as originally zoned, and taking into account the surrounding areas trend in development. Page 5 of 11 The 2005 Comprehensive Plan recommends Office/Research, Light Industrial and Commercial uses for the subject site. An approximately 1,222,400 sq. ft. food distribution center is under construction just to the north of the subject site along Gurler Road and will also include a 466,560 sq. ft. packaging center. Additional acreage for future manufacturing, distribution, office/research and technology uses are available in the areas to the north of the site. The rezoning of the subject site to the “PD-I” Planned Development – Industrial District and the approval of a data center meets the intent of the City’s Comprehensive Plan and is compatible with the trend of development in the area. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. Re-zoning of the subject site to the “PD-I” Planned Development - Industrial District and the development of a data center will allow the project to comply with the regulations of the UDO and per the development standards. The “PD-I” zoning classification, as provided under the City’s Unified Development Ordinance, is the most appropriate zoning classification for the subject site and provides the opportunity for the City to more directly shape the development, use and appearance of the subject property. In addition, the “PD- I” zoning allows the applicant flexibility in integrating public capital facilities, construction schedules and phasing of the development. 3. The proposed rezoning will not have a significantly detrimental effect on the long-range development of adjacent properties or adjacent land uses. The property to the north of the site along Gurler Road, between Rt. 23 and Crego Road is being developed with an approximately 1,222,400 sq. ft. food distribution center and a future 466,560 sq. ft. packaging center. Areas to the east, south and west are agricultural uses with some single-family homes to the west of the site along Rt. 23. The proposed zoning and data center are consistent with and compatible with the surrounding area and the City’s Comprehensive Plan. The proposed rezoning to “PD-I” Planned Development Industrial District and the development of a data center will not have a detrimental effect on the adjacent properties or land uses. In fact, the extension of utilities and upgrading of roadways will appreciably increase the value of adjacent agricultural parcels for future development. Although Crego Road is planned to be vacated between Gurler Road and the southern limits of the subject site with the proposed development, there are plans to construct a new north-south roadway just to the east of the site between Gurler Road and Keslinger Road. The City will be using monies from the State's 2019 Capital Projects Fund of $970,000 to help pay for the new one-mile roadway which will include a 66-foot-wide right- of-way and two 12-foot driving lanes. This new roadway will allow for a new means of access from Peace Road and Gurler Road to areas south of the subject site. 4. The proposed rezoning constitutes an expansion of an existing zoning district that, due to the lack of undeveloped land, can no longer meet the demand for the Page 6 of 11 intended land uses. The subject property is proposed for “PD-I” Planned Development – Industrial zoning. The “PD-I” district designation and development of a data center will allow the site will be compatible with the surrounding area. In addition, the data center will allow for the continuation of an area with high quality development under the “PD-I” classification and which is consistent with the City’s Comprehensive Plan recommendations. 5. Adequate public facilities and services exist or can be provided. The subject site is in close proximity to the full interchange access of Peace Road and I- 88. Gurler Road, Rt. 23 and Peace Road will be improved to accommodate the proposed development and provide for efficient means of access for the data center. A new roadway will be constructed just to the east of the subject site and allow for a new means of access from Peace Road and Gurler Road to areas south of the subject property. Sanitary sewer and watermain will be extended to the site in conjunction with the development of the Ferrara Candy Company site to the north and will provide connections to the subject property. A separate water agreement will be provided that will ensure adequate and reliable water will be provided to the site. Stormwater management facilities will be constructed on the subject property per the requirements of the Unified Development Ordinance. Electrical power is readily available and more than adequate to provide the needs for the proposed data center. IV. Public Comments The City has received correspondence from Joseph Gormley who represents 240 acres of property just south of the subject site (see attached map). Mr. Gormley had concerns about future access to the property, the vacation of Crego Road and the value of the property. After discussions with Mr. Gormley, it was agreed that a future north-south roadway will be located just to the east of the site between Gurler Road and Keslinger Road, as discussed in the staff report. In addition, the extension of utilities and upgrading of roadways will appreciably increase the value of adjacent agricultural parcels for future development. Since the April 8th Planning and Zoning Commission meeting, the City has also received written correspondence from Michael Hammett representing about 120 acres on Crego Road, south of Keslinger Road (1.1 miles from the Ventus site). City staff has spoken to Mr. Hammett and he has indicated support for the data center, however, has concerns regarding the timing of the vacation of Crego Road in relation to the construction of the new road east of the site. It was explained to Mr. Hammett of the need for the data center to have Crego Road vacated after annexation. In addition, there are alternate routes (Rt. 23 and Lynch Road), one can take to get to Gurler Road/Peace Road and I-88. A copy of Mr. Hammett’s correspondence is provided in the Commission’s packet. The City also received a resolution from the DeKalb County Economic Corporation (DCEDC) dated April 10, 2020 indicating their full support for the proposal. The resolution Page 7 of 11 notes, in part, that the data center will generate significant economic benefits to the Dekalb County economy in the form of investment, construction, new tax revenue and job creation. V. CONCLUSIONS AND RECOMMENDATION The proposed data center will be a transformative development that will impact generations of DeKalb County residents. The project will generate new business opportunities and support existing commerce in the surrounding area, while spurring increased property values and other development opportunities. In addition, the data center will generate significant benefits to the Dekalb County economy in the form of investment, construction, new tax revenue and job creation and the staff strongly recommends approval of the project. A sample motion is provided below. Sample Motion: Based upon the submitted petition and testimony presented, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment, upon annexation, from the “SFR1” Single-Family Residential District to the “PD-I” Planned Development Industrial District and approval of a Preliminary and Final Development Plan and Subdivision Plat as listed in Exhibit A for an approximately 505 acre property generally located east of State Rt. 23 and south of Gurler Road for a data center and accessory uses and subject to the development standards listed in Exhibit B. Page 8 of 11  Exhibit A Preliminary and Final Development Plan and Plat of Subdivision • Overall Site Plan (Sheet C1.01) dated 3-27-20 prepared by Barge Design Solutions • Preliminary Site Cross Section (Sheet C1.02) dated 3-27-20 prepared by Barge Design Solutions • Sample Building Elevations (Sheets A1.01 and A1.02) dated 3-27-20 prepared by Barge Design Solutions • Landscape Detail (Sheet A1.05) dated 3-27-20 prepared by Barge Design Solutions • Schematic Engineering Plan/DeKalb Infrastructure Improvements (Sheet G1.01) dated 4-9-20 prepared by Barge Design Solutions • Final Plat of Subdivision of DeKalb Subdivision (2 Sheets) dated 4-3-20 prepared by Jacob & Hefner Associates Page 9 of 11  Exhibit B Development Standards Construction of Additional Buildings and Improvements: The Owner shall have the right, but not the obligation, to construct additional buildings and improvements on the subject property, without further zoning review or approval by the corporate authorities of the City, if: (a) the property owner submits to the City Manager site plans, elevations, and landscape plans depicting the additional buildings and improvements; and (b) the City Manager determines, in his reasonable judgment, that the additional buildings and improvements depicted on such plans comply with the development Standards set forth in this Exhibit B. The City Manager shall review any plans for any additional buildings and improvements in good faith, diligently, and expeditiously, and the City Manager’s determination whether any additional buildings and improvements comply with the development standards shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding any other provision of the development standards and the Ordinance approving the standards, the City Manager shall make such determination not later than 14 calendar days after receipt from the property owner of site plans, elevations, and landscape plans depicting additional buildings and improvements. Permitted Uses: Data center and accessory uses. A data center is defined as real and personal property consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, as a service to persons other than the company operating the data center, data and transaction processing services, outsource information technology services and computer equipment colocation services, or, used primarily to provide, to a single user, including the user's affiliates, customers, lessees, vendors and other persons authorized by the user, data and transaction processing services, along with ancillary warehouse, administrative office, and storage buildings. Minimum Building Setbacks: Rt. 23 – 400’ (except for accessory structures such as security gates and guard houses) Gurler Road - 100’ East and South Property Lines – 150’ Minimum Parking/Paving Setbacks (except points of access and turnarounds): Rt. 23 – 100’ Gurler Road – 50’ East and South Property Lines – 50’ Maximum Site Coverage (area covered by buildings, paving): None Maximum Building Height: 75’ Landscaping: Per the Unified Development Ordinance and City Manager’s approval. Lighting: Per the Unified Development Ordinance. Page 10 of 11 Parking: Per the Unified Development Ordinance. Parking formula (number of spaces required) shall be determined in consultation with the property owner and City Staff based upon the owner’s needs and parking demand at a similar facility. Page 11 of 11  EXHIBIT A LEGEND: PROPERTY LINE 200 Clinton Avenue // Suite 800 // Huntsville, Alabama 35801 POTENTIAL WATER FEATURE EXISTING OVERHEAD POWER DEKALB OASIS RONALD REAGAN MEMORIAL TOLLWAY/I-88 TRAVEL PLAZA PROPOSED WATER LINE PHONE (256) 533-1561 // FAX (256) 533-1564 PROPOSED SANITARY LINE MECHANICAL YARD PROPOSED DRIVEWAY NOTE: NET AREA OF TRACT: ±504 acres PURPOSES ONLY EXHIBIT FOR ZONING: A-1 DILIGENCE OFF-STREET PARKING PROVIDED: 220 Spaces CREGO RD PEACE RD PROPOSED 12" WATER METER CONNECTION PROPOSED ACCESS POINT PROPOSED ACCESS POINT PROPOSED 12" WATER METER CONNECTION GURLER RD PROPOSED 12" SANITARY CONNECTION SD SD SD SD SD SD SD SD SD SD SD PROPOSED SD RETENTION POND EXISTING OVERHEAD ELECTRIC PROPOSED OVERALL SITE PLAN RETENTION POND PROJECT VENTUS DEKALB, ILLINOIS 60115 SD SD EXISTING OVERHEAD ELECTRIC PROPOSED BUILDING ±971,282 SF SD SD SAMPLE EW SITE CROSS SECTION SEE SHEET C1.02 PROPOSED SD SD SUBSTATION PROPOSED RETENTION POND SD S 4TH ST/SR 23 SD PROPOSED SD SD SD SD SD SD SD SD RETENTION POND PROPOSED ACCESS POINT SAMPLED NS SITE CROSS SECTION SEE SHEET C1.02 FILE:S:\37\37144\3714401\04_CAD\CIVL\Exhibit\PD Submittal\Exhibits\PDS_Site Plan_rev1.dwg CREGO RD REVISION INFORMATION DATE DESCRIPTION CHK. DR. REV. 400' 200' 0' 400' 800' SCALE: 1 INCH = 400 FEET C1.01 3/27/2020 FILE NO. 37144-01 Copyright 2019, Barge Design Solutions, Inc. ALL RIGHTS RESERVED  200 Clinton Avenue // Suite 800 // Huntsville, Alabama 35801 PHONE (256) 533-1561 // FAX (256) 533-1564 910 910 PROPOSED GROUND 900 PROPOSED GROUND 900 890 890 EXISTING GROUND 880 880 EXISTING GROUND 870 870 860 860 PURPOSES ONLY 1000+00 1005+00 1010+00 1015+00 1020+00 1025+00 1030+00 1035+00 1040+00 1045+00 1050+00 1055+00 1060+00 1065+00 1070+00 1075+00 1080+00 1085+00 1090+00 1093+05 EW PROFILE STA. 1000+00 TO 1093+05 EXHIBIT FOR DILIGENCE SCALE: 1"=300' H 1"=30' V PRELIMINARY SITE CROSS SECTIONS PROJECT VENTUS DEKALB, ILLINOIS 60115 910 910 PROPOSED GROUND 900 900 890 890 EXISTING GROUND 880 880 870 870 860 860 1000+00 1005+00 1010+00 1015+00 1020+00 1025+00 1026+39 NS PROFILE STA. 1000+00 TO 1026+39 SCALE: 1"=300' H 1"=30' V FILE:S:\37\37144\3714401\04_CAD\CIVL\Exhibit\PD Submittal\Exhibits\PDS_SECTIONS.dwg REVISION INFORMATION DATE DESCRIPTION CHK. DR. REV. 400' 200' 0' 400' 800' SCALE: 1 INCH = 400 FEET C1.02 3/27/2020 FILE NO. 37144-01 Copyright 2019, Barge Design Solutions, Inc. ALL RIGHTS RESERVED  FILE:S:\37\37144\3714401\04_CAD\CIVL\Exhibit\PD Submittal\Exhibits\PDS_ELEVATIONS_mwf.dwg SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SEE A1.02 ELEVATIONS SEE A1.02 ELEVATIONS SEE A1.02 ELEVATIONS 3/27/2020 REVISION INFORMATION REV. DR. CHK. DATE DESCRIPTION SAMPLE BUILDING ELEVATIONS EXHIBIT FOR FILE NO. DILIGENCE PURPOSES ONLY 37144-01 A1.01 PROJECT VENTUS 200 Clinton Avenue // Suite 800 // Huntsville, Alabama 35801 DEKALB, ILLINOIS 60115 PHONE (256) 533-1561 // FAX (256) 533-1564 Copyright 2019, Barge Design Solutions, Inc. ALL RIGHTS RESERVED  FILE:S:\37\37144\3714401\04_CAD\CIVL\Exhibit\PD Submittal\Exhibits\PDS_ELEVATIONS_mwf.dwg SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SCALE: N.T.S. SEE A1.02 A1.01 3/27/2020 REVISION INFORMATION REV. DR. CHK. DATE DESCRIPTION SAMPLE BUILDING ELEVATIONS EXHIBIT FOR FILE NO. DILIGENCE PURPOSES ONLY 37144-01 A1.02 PROJECT VENTUS 200 Clinton Avenue // Suite 800 // Huntsville, Alabama 35801 DEKALB, ILLINOIS 60115 PHONE (256) 533-1561 // FAX (256) 533-1564 Copyright 2019, Barge Design Solutions, Inc. ALL RIGHTS RESERVED SYMBOL LEGEND CONCEPTUAL PLANT SCHEDULE # KEY BOTANICAL NAME COMMON NAME 200 Clinton Avenue // Suite 800 // Huntsville, Alabama 35801 PINE OAK 234 AL Tilia americana American Linden 101 BS Picea mariana Black Spruce 133 BW Juglans nigra Black Walnut 27 GB Betula populifolia Gray Birch 97 HT Crataegus Hawthorn BLACK WALNUT 102 PO Quercus palustris Pin Oak 89 YB Betula alleghaniensis Yellow Birch PHONE (256) 533-1561 // FAX (256) 533-1564 783 YELLOW BIRCH HAWTHORN AMERICAN LINDEN BLACK SPRUCE EXHIBIT FOR DILIGENCE PURPOSES ONLY LANDSCAPE DETAILS PROJECT VENTUS DEKALB, ILLINOIS 60115 LOCAL GRID REVISION INFORMATION TRANSFORMATION IL STATE PLAN IL83-EF DATE DESCRIPTION CHK. DR. REV. 3/27/2020 A1.05 FILE NO. 37144-01 C Copyright 2019, Barge Design Solutions, Inc. ALL RIGHTS RESERVED  200 Clinton Avenue // Suite 800 // Huntsville, Alabama 35801 DEKALB OASIS RONALD REAGAN MEMORIAL TOLLWAY/I-88 TRAVEL PLAZA PHONE (256) 533-1561 // FAX (256) 533-1564 PROPOSED ±24" GRAVITY SANITARY SEWER DESIGN AND CONSTRUCTED BY KISHWAUKEE SANITATION DISTRICT PROPOSED 16" WATER MAIN PROPOSED 16" WATER LINE PROPOSED GRANULAR PURPOSES ONLY PROPOSED ADDITIONAL RIGHT TURN CONSTRUCTED BY KCC SHOULDER IMPROVEMENTS EXHIBIT FOR LANE ONTO EAST BOUND PLAZA DILIGENCE PROPOSED 24" GRAVITY SANITARY CREGO RD PEACE RD SEWER CONSTRUCTED BY KCC INTERSECTION IMPROVEMENTS TO GURLER AND IL 23 RIGHT OF WAY TO BE DETERMINED DEKALB INFRASTRUCTURE IMPROVEMENTS PROPOSED TYPICAL CROSS PROPOSED TYPICAL CROSS SECTION TO INCLUDE A THREE SECTION TO INCLUDE A TWO LANE CROSS SECTION WITH LANE CROSS SECTION WITH 16" WATER MAIN ALT 1 SHOULDER IMPROVEMENTS SHOULDER IMPROVEMENTS CONSTRUCTED BY KCC PROPOSED 21" GRAVITY SANITARY SEWER PROPOSED ROUNDABOUT, RIGHT OF CONSTRUCTED BY KCC PROPOSED 16" WATER LINE WAY TO BE DETERMINED CONSTRUCTED BY KCC PROPOSED 16" WATER CONNECTION GURLER RD TO GOLDIN PROPERTY PROPOSED 18" SANITARY CONNECTION PROPOSED 16" WATER MAIN CONSTRUCTED BY KCC PROPOSED 16" WATER EXISTING OVERHEAD ELECTRIC PROPOSED 18" SANITARY CONNECTION CONNECTION PROJECT VENTUS PROPOSED 16" WATER CONNECTION DEKALB, ILLINOIS 60115 PROJECT VENTUS SITE 16" WATER MAIN ALT 2 CONSTRUCTED BY KCC PROPOSED BUILDING VACATED TOWNSHIP ROAD (CREGO ROAD) S 4TH ST/SR 23 PROPOSED TURN AROUND FOR VACATED CREGO ROAD CREGO RD FILE:S:\37\37144\3714401\04_CAD\CIVL\Exhibit\PD Submittal\2020_0408_CityExhibits_DISPLAY.dwg LEGEND: REVISION INFORMATION PROPERTY LINE EXISTING OVERHEAD POWER PROPOSED WATER LINE DATE DESCRIPTION PROPOSED SANITARY LINE CHK. DR. REV. NOTE: THE IMPROVEMENTS SHOWN ON THIS PLAN 400' 200' 0' 400' 800' ARE SCHEMATIC IN NATURE AND ARE SUBJECT TO SCALE: 1 INCH = 400 FEET CHANGE THROUGH FINAL ENGINEERING. G1.01 04/09/2020 FILE NO. 37144-01 Copyright 2019, Barge Design Solutions, Inc. ALL RIGHTS RESERVED  FILE:S:\37\37144\3714401\04_CAD\CIVL\Exhibit\PD Submittal\Exhibits\PDS_ELEVATIONS.dwg REVISION INFORMATION REV. DR. CHK. DATE DESCRIPTION ARCHITECTURAL PERSPECTIVES EXHIBIT FOR FILE NO. DILIGENCE PURPOSES ONLY 37144-01 A1.03 PROJECT VENTUS 200 Clinton Avenue // Suite 800 // Huntsville, Alabama 35801 DEKALB, ILLINOIS 60115 PHONE (256) 533-1561 // FAX (256) 533-1564 Copyright 2019, Barge Design Solutions, Inc. ALL RIGHTS RESERVED AMENDED 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, April 22, 2020 at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Ventus Tech Services, LLC for approval of the rezoning, preliminary and final development plans, and plat of subdivision for approximately 505 acres of property generally located east of State Rt. 23 and south of Gurler Road and containing PIN 11-01-100-001, 11-01-200-002, 11-01-200-001, 11-02- 100-001, 11-02-200-001 and legally described below. The requested zoning map amendment would change the zoning of this property, upon annexation by the City of DeKalb, from the “SFR1” Single-Family Residential District to the “PD-I” Planned Development Industrial District. The proposed development consist of a data center and accessory uses in an approximately 970,000 sq. ft. facility with an option to expand. This petition was previously noticed for a public hearing before the DeKalb Planning and Zoning Commission on Wednesday, April 8, 2020 at 6:00 p.m. This amended notice informs all interested persons that the hearing on Wednesday, April 8, 2020 at 6:00 p.m. will be continued to Wednesday, April 22, 2020 at 6:00 p.m., to include all relevant plans and plats. 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. on Wednesday, April 22, 2020 or by e-mail to dan.olson@cityofdekalb.com. Further information regarding the petition is available from the Community Development Department at (815) 748-2070 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. The property’s legal description is as follows: TRACT I: (PIN 11-01-100-001) THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN IN DEKALB COUNTY, ILLINOIS. TRACT II: (PIN 11-01-200-002 and PIN 11-01-200-001) PARCEL 1: (PIN 11-01-200-002) THE WEST ONE-HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION ONE (1), TOWNSHIP 39 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, DEKALB COUNTY, ILLINOIS. EXCEPTING THEREFROM PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 1, A DISTANCE OF 337 FEET FOR THE PLACE OF BEGINNING; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 190 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 245 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 190 FEET TO THE NORTH LINE OF SAID SECTION 1; THENCE WESTERLY A DISTANCE OF 245 FEET TO THE PLACE OF BEGINNING, SITUATED IN THE COUNTY OF DEKALB AND STATE OF ILLINOIS. PARCEL 2: PIN 11-01-200-001) PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 1 A DISTANCE OF 337 FEET FOR THE PLACE OF BEGINNING; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 190 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 245 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 190 FEET TO THE NORTH LINE OF SAID SECTION 1; THENCE WESTERLY A DISTANCE OF 245 FEET TO THE PLACE OF BEGINNING, SITUATED IN THE COUNTY OF DEKALB AND STATE OF ILLINOIS. TRACT III: (PIN 11-02-100-001 and PIN 11-02-200-001) PARCEL 1: (PIN 11-02-100-001) THE WEST EIGHTY-FIVE (85) ACRES OF THE NORTH ONE HUNDRED FIVE (105) ACRES OF THE NORTH WEST FRACTIONAL QUARTER (NW FR. 1/4) OF SECTION TWO (2); ALSO, THE FOLLOWING DESCRIBED REAL ESTATE, TO-WIT: COMMENCING AT THE NORTH EAST CORNER OF THE NORTH WEST QUARTER (NW 1/4) OF SECTION TWO (2), THENCE RUNNING SOUTH ON SURVEY LINE TWENTY-SIX (26) CHAINS AND TWENTY-FIVE (25) LINKS, THENCE WEST SEVEN (7) CHAINS AND SIXTY-TWO (62) LINKS, THENCE NORTH TWENTY-SIX (26) CHAINS AND TWENTY-FIVE (25) LINKS, THENCE EAST ON SURVEY LINE SEVEN (7) CHAINS SIXTY-TWO (62) LINKS, TO THE PLACE OF BEGINNING. ALL SITUATED IN TOWNSHIP THIRTY-NINE (39) NORTH, RANGE FOUR (4), EAST OF THE THIRD (3RD) PRINCIPAL MERIDIAN, DEKALB COUNTY, ILLINOIS. LESS AND EXCEPT: THAT PART OF THE NORTH 105 ACRES OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, DEKALB COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2 AN THENCE SOUTH 89 DEGREES 21 MINUTES EAST ALONG THE NORTH LINE OF SAID SECTION 2 (THE BEARING FOR THE SAID NORTH LINE OF SAID SECTION 2 BEING ESTABLISHED IN RELATION TO THE ASSUMED BEARING ASSIGNED TO THE CENTER LINE OF ILLINOIS ROUTE 23), A DISTANCE OF 34.82 FEET TO AN ANGLE POINT; THENCE CONTINUING SOUTH 89 DEGREES, 32 MINUTES EAST ALONG THE NORTH LINE OF SAID SECTION 2, FOR A DISTANCE OF 60.04 FEET TO A POINT, WHICH POINT IS 60.0 FEET RIGHT AS MEASURED AT RIGHT ANGLES FROM THE CENTER LINE FOR FEDERAL AID ROUTE 24; THENCE SOUTH 2 DEGREES, 34.5 MINUTES WEST PARALLEL TO THE SAID CENTER LINE OF FEDERAL AID ROUTE 24 AND THE TANGENT TO THE CURVE OF THE CENTER LINE OF FEDERAL AID ROUTE 24, FOR A DISTANCE OF 1,045.19 FEET TO AN ANGLE POINT; THENCE CONTINUING SOUTH 0 DEGREES, 51 MINUTES WEST TO THE SAID CENTER LINE OF FEDERAL AID ROUTE 24 AND THE TANGENT TO THE CURVE OF THE CENTER LINE OF FEDERAL AID ROUTE 24 FOR A DISTANCE OF 699.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 105 ACRES OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 2, WHICH POINT IS 60.0 FEET RIGHT AS MEASURED AT RIGHT ANGLES FROM THE SAID CENTER LINE OF FEDERAL AID ROUTE 24; THENCE NORTH 89 DEGREES, 01 MINUTES WEST, FOR A DISTANCE OF 60.94 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 2; THENCE NORTH 0 DEGREES 46 MINUTES EAST ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 1,743.18 FEET TO THE PLACE OF BEGINNING. PARCEL 2: (PIN 11-02-200-001) THE NORTH EAST FRACTIONAL QUARTER (NE FRL. 1/4) OF SECTION TWO (2) IN TOWNSHIP THIRTY-NINE (39) NORTH, RANGE FOUR (4), EAST OF THE THIRD (3RD) PRINCIPAL MERIDIAN, SITUATED IN THE COUNTY OF DEKALB, IN THE STATE OF ILLINOIS. Sincerely, Max Maxwell, Chair DeKalb Planning and Zoning Commission  Resolution of the DeKalb County Economic Development Corporation Supporting a City of DeKalb Annexation and Development Agreement with Ventus Tech Services, LLC Whereas, on March 9, 2020 the DeKalb City Council unanimously approved Resolution 2020- 019 which authorized a Pre-Development Agreement with Ventus Tech Services. Whereas, on April 13, 2020, the DeKalb City Council will hold a Public Hearing regarding a Proposed Annexation and Development Agreement for Approximately 505 Acres of Property that is generally located east of Illinois Route 23 and south of Gurler Road with Ventus Technical Services, LLC. Whereas, following this Public Hearing, the City Council will consider the Annexation and Development Agreement on First Reading, with consideration of the Agreement on Second Reading on April 27. Whereas, the Annexation and Development Agreement establishes the specific legal assurances and reciprocal responsibilities of the company and the City with respect to the annexation, rezoning, and development of the Ventus Tech Services site. Whereas, the Annexation and Development Agreement includes the provision of Enterprise Zone development incentives, administered by the DeKalb County Economic Development Corporation (DCEDC), an Electric Utility Tax Incentive committing the company to a minimum annual payment to the City of DeKalb for electricity usage, and a Water Agreement which reserves a portion of the City’s reserve capacity for the company’s usage. Whereas, the Annexation and Development Agreement provides for roadway improvements along Gurler and Peace Roads and intersection improvements at Peace & Gurler Roads and Route 23 & Gurler Road; the vacation and replacement of a portion of Crego Road; and utility improvements, including an electrical substation in cooperation with ComEd; watermain looping and extension with the City of DeKalb; and sanitary sewer extension with the Kishwaukee Water Reclamation District and developer Jerry Krusinski. Whereas, following the approval of the Annexation and Development Agreement on April 27, the Council will consider an Annexation Ordinance, Rezoning Ordinance, and an Ordinance Approving a Final Development Plan and Plat of Subdivision. DeKalb County EDC 2179 Sycamore Road, Unit #102 DeKalb, IL 60115 815-895-2711 (phone) · 815-895-8713 (fax) dcedc.org Whereas, in January 2020, the DeKalb County Enterprise Zone designating units of government - DeKalb County, the Cities of DeKalb, Genoa, Sandwich and Sycamore, Town of Cortland, and Village of Waterman - approved ordinances and an intergovernmental agreement that extended DeKalb County Enterprise Zone to the 500-acre Ventus project site, and approved the provision of Enterprise Zone Property Tax Abatement to high-impact “knowledge-based” developments, within 3.5 miles of the centerline of I-88, for 20 years per building at a rate of 55% per year provided the company makes a minimum investment of $800 million and builds at least 900,000 square feet of space, with at least 50 high-paying jobs. Whereas, on March 16, 2020 the Illinois Department of Commerce and Economic Opportunity certified that the amended geographic boundary and tax benefits referenced above are available to qualified businesses. Whereas, on April 2, 2020 the DeKalb County Enterprise Zone Advisory Board approved a Memorandum of Understanding between DCEDC – on behalf of participating local taxing bodies – and Ventus Tech Services, LLC, which extends these property tax abatement benefits while committing the company to the required conditions for the duration of the property tax abatement. Whereas, Ventus Tech Services intends to create a world-class data center campus including accessory uses with the potential for multiple phases. Whereas, the Knowledge-based industry development proposed by Ventus Tech Services, LLC will generate significant economic benefits to the DeKalb County economy in the form of investment, construction, new tax revenue and job creation. Now, therefore be it resolved that the DeKalb County Economic Development Corporation (DCEDC) fully supports the proposed Annexation and Development Agreement with Ventus Tech Services, LLC; and Be it further resolved that DCEDC recommends that the DeKalb City Council approve the Annexation and Development Agreement with Ventus Tech Services, LLC to facilitate consideration of the Annexation Ordinance, Rezoning Ordinance, and an Ordinance Approving a Final Development Plan and Plat of Subdivision. Cohen Barnes, Paul J. Borek, President Executive Director April 10, 2020 This form may be used to submit public comments to the City Council or Planning & Zoning Commission as an alternative to attending a live meeting. Comments must be submitted by 4 p.m. of the meeting date. Meeting of the City Council Meeting Date 4/27/2020 First Name Mike Last Name Hammett Email Address mhammett@ics-il.net Phone Number 8157395582 Address 16222 Crego Rd. City DeKalb State Illinois Zip Code 60115 Agenda Item Vacating Crego Rd. Comments to be City documents show there is intent to vacate the portion of Submitted Crego Rd. that lies within the boundaries of Project Ventus. While I think that is foolish, I realize that arguing this point is not likely to garner much success. What I will argue is the timing. I had a conversation with city staff regarding the specifics of the timing of vacating the road. A summary of that conversation is that the property owner would be free to remove the road from public use as soon as the vacating documents were officially recorded. I got the impression from the conversation that the property owner intends on doing just that. My conversations with city staff also revealed that the construction of the new road to the east of the project would begin as soon as funding and engineering permitted and may not finish this year. How is it acceptable to anyone that a public road is vacated before the new road is constructed? Crego Rd. carries significant traffic comprising of agricultural shipments, visitors to the Afton Forest Preserve, and a not insignificant rural population. There could be a vast amount of time between the unavailability of Crego Rd. before the new road is completed. The new road isn't even an apples to apples replacement. It is an incredibly worse option than the existing road.  The worst thing about the timing is that Crego Rd. isn't even going away. In site plans filed, the road will remain in use, though as a private, internal road. All significant construction will be east of Crego Rd. There's simply no need for an expedient vacating of the road if vacating is even appropriate in the first place. Attachments Field not completed. Email not displaying correctly? View it in your browser.  City of DeKalb Planning and Zoning Commission Staff Report DATE: April 17, 2020 TO: Planning and Zoning Commission Members FROM: Dan Olson, Principal Planner SUBJECT: Text Amendments to the Unified Development Ordinance – Add a Definition for “Data Center” and Add as a Permitted Use in the Industrial Zoning Districts; Provide for a Process for Approval of Minor Changes to the Final Plan and Plat of Subdivision for Planned Developments over a Certain Size. BACKGROUND AND ANALYSIS: The City of DeKalb proposes text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend several articles of the UDO which are related, in part, to the Project Ventus development. Interestingly, the term “data center” does not appear anywhere in the UDO. An amendment is proposed to add “data center” as a definition and to add it as a permitted use in the Industrial Zoning Districts. In addition, a proposed amendment is requested to remove the requirement that only certain specific uses be allowed in the “PD-C” and “PD-I” Districts. Finally, an amendment is proposed to provide for a process for approval of minor changes to the final plan and plat of subdivision for planned developments over a certain size. The specific amendments are listed in Exhibit A attached to the staff report and are summarized below. Article 3.01 - Adding a definition for “data center” A definition for data center is proposed to be added to Article 3 of the UDO and matches the definition for data center provided by the applicant for Project Ventus. The definition is thorough and covers all functions of a data center including ancillary uses. Article 5 - Adding “data center” to the Industrial Zoning Districts Although there are other uses in the Industrial Zoning Districts comparable to a “data center”, staff believed it would be beneficial to specifically have the term “data center” added, which appears nowhere in the UDO. The amendment adds “data center” as a permitted use to the “ORI” Office, Research, Light Industrial District, “LI” Light Industrial District and the “HI” Heavy Industrial District. Article 5.13 - To remove the requirement that only certain specific uses may be allowed in the Planned Development – Commercial and Planned Development – Industrial Districts The current language states a development the PD-I District may only include those uses listed as permitted or special in the “ORI”, “LI” and “HI” Districts. Since “data center” is not specifically mentioned in those three zoning districts, an amendment is proposed to remove the word “only”. The change will also be beneficial for future developments to allow for more flexibility of uses to be included in Planned Developments, which often include a mix of uses. The changes are also proposed for the PD-C District. The Project Ventus site will be zoned PD-I. Article 5.13 – To provide for a process for approval of minor changes to final plans over a certain size The amendment proposes that all amendments, changes, or revisions to the final plan and plat of a subdivision for any planned development located on parcels of property under common ownership which are at least 500 acres in size, shall constitute minor change and may be authorized by the City Manager or Community Development Director without additional public hearings. The proposed language further states the authorization is contingent upon said amendments, changes, or revisions conforming to the conditions and development standards established in the Ordinance adopted by the City Council governing the particular planned development. RECOMMENDATION: Sample Motion: Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council approval of City of DeKalb initiated text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to add a definition for “data center” and to add it as a permitted use in the “ORI”, “LI”, and “HI” Zoning Districts and to remove the requirement that only certain specific uses be allowed in the “PD-C” and “PD-I” Zoning Districts and to provide for a process for approval of minor changes to the final plan and plat of subdivision for planned developments over a certain size as indicated on the attached Exhibit A. Page |2  EXHIBIT A ARTICLE 3 DEFINITIONS Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Article shall have the meaning indicated when used in this Ordinance. 3.1 Definitions Abandonment: To cease or discontinue a use or activity without intent to resume. This definition excludes temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility. Also, ceasing an activity during normal periods of vacation or seasonal closure shall not constitute abandonment. Abutting: Having a common border with or being separated from such a common border by a right-of-way, alley or easement. Accessory Use: (see also Home Occupation) A use incidental to, and on the same zoning lot as, a principal use. An accessory use is subordinate in size, extent, and/or purpose to the principal use and contributes to the comfort, convenience, and/or necessity of the principal use being served. Adult Oriented Use: Any use which is predominately occupied by the sale, rental, lease, inspection, or viewing of media (whether print, electronic, magnetic or other) depicting or describing “specified sexual activities” or “specified anatomical areas” (which are further defined in Article 7.13), sale of materials used for “specified sexual activities,” the provision of live entertainment which depicts, describes, or characterizes “specified sexual activities” or “specified anatomical areas,” or any combination thereof. (1997-010) Alley: A public or private way permanently reserved as a secondary means of access to abutting property. Alteration: As applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress. This definition includes an enlargement of a building or structure, whether by extending a side or by increasing the height. Also, the moving of a building or structure from one location or position to another is considered an alteration. Antenna: (see Article 7, Subsection 7.08.02) Apartment: (see Dwelling, Multiple-Family) Automatic Teller Machine: (see Electronic Banking Facilities) (1998-041) Banquet Hall: An establishment which is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, business promotional events and similar celebrations. A Banquet Hall is not open to the public and the use is therefore restricted to the invitees of the party contracting for the use of the facility. Such use may or may not include: kitchen facilities for the preparation or catering of food; the sale of alcoholic beverages for on premise consumption only during scheduled events; and/or outdoor gardens or reception facilities. A Banquet Hall shall not include a Social Club as defined in the Municipal Code. Basement: (see also Story Above Grade) That portion of a building which is partly or completely below grade. Bed and Breakfast: An owner-occupied dwelling unit having not more than five (5) bedrooms used to provide transient lodging accommodations to the public as a commercial use 3-1 Bedroom: The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study or a den. Buffer Area: (see also Screening) A strip of land established to protect one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space use. Building: Any structure used or intended for supporting or sheltering any use or occupancy. To determine the number of buildings on a zoning lot, each building shall be considered a separate building when they are not joined by common wall, roof, ceiling and floor assemblies Building, Accessory: A building which is subordinate to and serves a principle building or use. An accessory building is subordinate in size, extent, and/or purpose to the principle building or use and contributes to the comfort, convenience and/or necessity of the occupants of the principal building or use being served. Examples of accessory buildings include private garages and storage buildings. (2017-044) Building Line: (see Setback) Building, Principal: A building in which is conducted the main or the principal use of the lot on which said building is situated. Car Wash: An area of land and/or a structure with machine (or hand) operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles not exceeding six (6) tons in gross vehicle weight. Carry-Out Restaurant: (see Restaurant, Fast-Food) Certificate of Use and Occupancy: The certificate issued by the Chief Building Official which permits the use of a building in accordance with the approved plans and specifications. It also certifies compliance with the provisions of this Ordinance for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit. Certify: Whenever this Ordinance requires that some person or agency certify the existence of some fact or circumstance to the City, the City may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the City may accept certification by telephone from some agency when the circumstances warrant it, or the City may require that the certification be in the form of a letter or other document. Change of Use: An alteration by change of use in a building or a tract of land, heretofore existing, to a new use which imposes other provisions of this Ordinance or the Building Code governing building construction, equipment or means of egress. Chief Building Official: The individual named the Chief Building Official or his/her designee. (2017-044) Church: An institution that people regularly attend to participate in or hold religious services, meetings and other related activities. The term “church” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. Circulation Area: That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. City: The City of DeKalb, Illinois. Club or Lodge: A building, along with accessory structures and facilities, primarily intended to accommodate an association of persons and in which the buildings, structures and facilities are limited and restricted to members and their guests. This definition does not include fraternities and sororities. 3-2 Commercial Use: An occupation, employment, or enterprise that is carried on for a profit by the owner, lessee, or licensee. Community Development Director: The individual holding the position of Community Development Director or his/her designee. (2017-044) Community Residence: A specialized residential care home serving unrelated persons with disabilities that are: 1. Attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; and 2. Likely to continue for a significant amount of time or indefinitely; and 3. Results in functional limitations in three (3) or more of the following areas of major life activities: a. self-care b. receptive or expressive language c. learning d. mobility e. self-direction f. capacity for independent living g. economic self-sufficiency; and 4. Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are a life-long or extended duration. A Community Residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease. Community Residence, Small: A Community Residence serving eight (8) or fewer persons with disabilities, along with necessary support staff, in a family-like atmosphere. Community Residence, Large: A Community Residence serving more than eight (8) persons with disabilities along with necessary support staff. Comprehensive Plan: A document containing both written and graphic information concerning the future development of the City of DeKalb and its environs. It is an officially adopted policy guide for locating land uses and streets, and other community development issues. Conditional Use: (see Special Use) Condominium: An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property. Convenience Store: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 7,500 3-3 square feet. Convenience stores differ from other retail commercial uses in their operating characteristics and potentially adverse neighborhood effects (i.e., hours of operation, traffic generation and turning movements, noise, litter and lighting). Council: The City Council of the City of DeKalb, Illinois. Cul-de-Sac: A local or sub-local street, one end of which is closed, and consists of a circular turn-around. (See Article 9, Section 9.01, for the definition of local and sub-local streets). Data Center: Buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, as a service to persons other than the company operating the data center, data and transaction processing services, outsource information technology services and computer equipment colocation services, or, used primarily to provide, to a single user, including the user’s affiliates, customers, lessees, vendors and other persons authorized by the user, data and transaction processing services, along with ancillary warehouse, administrative office, and storage buildings. Day Care Center: A building in which any person, group of persons, agency, association or organization arranges for or cares for more than twelve (12) children. Day Care Home: A dwelling unit in which any person or group of persons provides for the care of not more than eight (8) children inclusive of the child care provider's own children. Deck: A platform structure of single or multiple tier construction that is either freestanding or attached to a principal or accessory building located in the rear yard or side yard and constructed above grade and unenclosed by solid or non-solid walls or a roof. If located in the side yard, an attached deck must meet principal building setbacks. (2017-044) Density: The number of dwelling units per net acre of land. Net acreage is defined as the site area less all land allocated to street rights-of-way. With private streets, the equivalent of public rights-of-way for these streets shall be deducted from gross acreage. If there is a question regarding the width and length of such equivalent rights-of-way, the Community Development Director shall render a determination. Development: All structures and other modifications of the natural landscape, above and below ground or water, on a particular site. Development, Planned: Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A planned development includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A planned development is built according to general and detailed plans for streets, utilities, lot and building location, landscaping, and the like. A planned development includes a program for the provision, operation, and maintenance of common areas, facilities, and improvements that are for the use by the occupants of the planned development district, but which will not be provided, operated, or maintained at public expense. Distillery: A facility that produces alcoholic beverages on-site in quantities exceeding 20,000 gallons per year, and includes an accessory tasting room and retail sales area and/or restaurant. A tasting room allows customers to taste samples of products manufactured on-site and purchase related sales items. Sales of alcoholic beverages manufactured outside the facility are prohibited. (2017-035) Dormitory: A building where sleeping accommodations, dining facilities and common bathroom facilities are provided for more than twenty (20) unrelated individuals, exclusive of the resident family, who are students or members of a religious order, college, university, convent, monastery or other institutional use. Double Frontage Lot: (see Lot, Through) 3-4 5.10 “ORI” Office, Research, and Light Industrial District 5.10.01 Intent and Purpose The “ORI” Office, Research and Industrial District is intended to support the goals and objectives of the City of DeKalb Comprehensive Development Plan which guides the present and future land use needs of the City of DeKalb. This district is also consistent with the objectives of the Illinois Research and Development Corridor (generally including communities along the East/West Tollway [I-88] between Chicago and DeKalb). The ``ORI'' District is designed to allow new construction which is consistent with good planning practice and is compatible with permitted land uses and developments in adjoining districts. Further, the purpose and intent of the ORI District is to provide an area in the community within which office, research and light industrial enterprises can locate with an assurance of a high and permanent level of design quality, extensive site amenities, open space, and environmental protection. The restrictions and conditions applied to this district are intended to promote the development of a park-like atmosphere which will enhance the quality of the community. The ORI District also promotes the economic development potential of the City. 5.10.02 Permitted Land Uses and Developments of the “ORI” Office, Research, and Light Industrial District The following land uses and developments are permitted in this District: Accessory Uses; Advertising agencies, commercial graphics and drafting services; Data Center; Hotels and motels, including conference centers, meeting and dining facilities; Laboratories and ancillary uses (in enclosed structures) for research and development including, but not limited to: Engineering and testing laboratories; Medical and dental research laboratories; Agricultural research laboratories. *Conduct of animal, plant or other biological and genetic research activities outdoors is prohibited;* Manufacturing, including, but not limited to, electronic, scientific and precision instruments manufacture and repair, experimental product development and plastic products design and assembly, cloth products manufacture, light machinery production and assembly, printing and publishing; but not including those uses which may be obnoxious or offensive by reason of emission of toxic or hazardous substances, odor noise, dust, smoke, or gas; Offices, excluding medical and dental offices or clinics providing patient diagnostics and/or treatment; Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability; Production of prototype products when limited to the scale reasonably necessary for full investigation of the merits of a product, including commercial viability; 5-38 5.11 “LI” Light Industrial District 5.11.01 Purpose and Intent This section contains the district regulations of the “LI” Light Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Ordinance which are incorporated in this section by reference. The “LI” Light Industrial District's uses are intended to be conducted in a manner not detrimental to the rest of the community by reason of noise, vibration, smoke, dust, toxic or noxious materials, odor, fire, explosive hazards, glare or heat. 5.11.02 Permitted Land Uses and Developments of the “LI” Light Industrial District (2017-044) The following land uses and developments are permitted in this district: Accessory uses; Any use whose primary purpose includes the light manufacturing, fabricating, assembly, disassembly, processing or treatment of goods and products, including but not limited to: appliances, small motors; books, printed materials; clothing and textiles; drugs; electrical components; glass and ceramics; paper and paper products; plastic and fiberglass; sheet metal; tools; wood assembly and finishing; Airports, landing strips and heliports; Animal boarding facilities and animal shelters, subject to the provisions of 5.11.06, subparagraph 3 (below) (2003-139); Automobile, truck and recreational vehicle sales and rental; Boat and marine sales and service; Body Art Establishment Building-contractors office and materials storage; Building material sales and storage; 5-44 Bus and train stations and terminals; Business, professional, and technical training schools; Cartage and express facilities; Data Center; Dwelling unit (one only) only when used by the caretakers and their families, who own or are employed in the allowable commercial or industrial use of the premises, and which may be located on the ground floor; Farm equipment sales and service; Fruit, Vegetable and grain processing, packaging, and storage; Gasoline Stations; Golf courses and other open space recreational uses; Ice processing, sales and storage; Lumberyards; Machinery sales, service and storage; Machine shops; Motor and rail freight terminals; Newspaper offices; Offices; Outdoor storage, as a principal use, except junkyards, salvage yards, and wrecked vehicle storage yards; Parking lots, as a principal use; Plating establishments; Plumbing and heating service and equipment stores; Printing and publishing establishments, duplicating services; Public buildings used by any department of the City, School District (except school buildings), Township, Park District, County, State, and Federal governments; Public utility facilities; Research laboratories and facilities; and Self-service storage facility, interior unit access. (2018-008) Sewage treatment plants; Showrooms and retail outlets associated with warehouse or manufacturing facilities where the showroom or retail portion does not exceed thirty (30) percent of the total floor area; 5-45 5.12 “HI” Heavy Industrial District 5.12.01 Purpose and Intent This section contains the district regulations of the “HI” Heavy Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Ordinance which are incorporated as a part of this section by reference. The “HI” Heavy Industrial District is intended to be located in selected areas so that its permitted and special uses' noise, vibration, smoke, dust, toxic or noxious materials odors, fire, explosive, glare, heat, and other hazardous characteristics are not detrimental to the rest of the community. 5.12.02 Permitted Land Uses and Developments of the “HI” Heavy Industrial District The following land uses are permitted in this district: Any use permitted in the “LI” Light Industrial District; Accessory uses; Any use whose primary purpose includes the heavy manufacturing, fabrication, assembly (does not include disassembly), processing or treatment of goods and services, including but not limited to: boats, construction equipment, containers and storage units, motor vehicles and engines, paints, inks, stoneware, earthware; Data Center; Railroad switching yards; and Self-service storage facility, interior unit access. (2018-008) 5.12.03 Special Land Uses and Developments of the “HI” Heavy Industrial District The following land uses and developments may be permitted under conditions and requirements specified in Article 14, “Permits.” Animal slaughtering, meat packing, or rendering facilities; Any use whose primary purpose includes the heavy manufacturing, fabrication, assembly, disassembly, processing or treatment of goods and services, including but not limited to: concrete, asphalt, cement, motor vehicles and engines, Bulk fuel distribution or storage; Distillery; 5-49 5.13 “PD” Planned Development Districts 5.13.01 Purpose and Intent The purpose of the Planned Development Districts is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the design and future operation of the development. The City Council, upon recommendation by the Planning and Zoning Commission, may, by an Ordinance adopted in the same manner as zoning districts are created, authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control, and density than is afforded under the general regulations of standard zoning districts. However, it should be noted that these planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The standards contained in the following provisions must be strictly adhered to by the applicant. The City Council may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from zoning requirements designed for conventional developments in order to obtain one or more of the following objectives: 1. Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property. 2. Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects. 3. Functional and beneficial uses of open space areas. 4. Preservation of natural features of a development site. 5. Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program. 6. Rational and economical in relation to public utilities and services. 7. Efficient and effective traffic circulation, both within and adjacent to the development site. A person, by choosing to develop property as a planned unit development, elects to submit a contemplated development proposal to a legislative and discretionary review by the Planning and Zoning Commission and City Council. 5.13.02 Relationship of Planned Development Districts to Zoning Map 1. A Mapped District: The PD designation is not intended to be attached to existing zoning districts as an overlay. The PD designation as detailed in this section is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment. 2. Plan Approval Required: It is the intent of this Ordinance that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section, Article 20, “Amendments” and applicable sections of Article 15, “Subdivision of Land.” 3. Relationship to “SAGRC” Overlay District: The requirements of the “SAGRC” Overlay District, contained in Article 6, Subsections 6.02.04 through 6.02.09, shall apply. Also, see Article 6, Subsection 6.02.10 for submittal requirements, review and approval procedures associated with development within the “SAGRC” Overlay District. 5-52 5.13.03 Coordination with Article 15, “Subdivision of Land” and Article 20, “Amendments” 1. It is the intent of this Ordinance, where a Planned Development involves any subdivision activity, that the subdivision review and approval procedure requirements contained in Article 15, “Subdivision of Land,” be carried out simultaneously with the review of a Planned Development under this Section of this Ordinance. As applicable, reference is made to requirements in Article 15 within this Section. Also, with regard to these references, Article 15 may contain the term “plat,” which under the “PD” District requirements is intended to be synonymous with “plan” as appropriate. 2. Since obtaining a “PD” District designation requires a map amendment (rezoning), the requirements and procedures of Article 20, “Amendments” shall apply. As applicable, reference to Article 20 is made within this Section. 5.13.04 Types of Planned Developments All areas of the City subject to the PD designation shall be assigned one of the following District classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this section. 1. Planned Development - Residential (PD-R): Planned developments involving residential uses only. 2. Planned Development - Commercial (PD-C): Planned developments involving commercial uses only. 3. Planned Development - Industrial (PD-I): Planned developments involving industrial and limited commercial uses only. 5.13.05 Permitted Uses 1. Planned Development - Residential The following land uses and developments may be permitted in this District: a. Permitted land uses and developments shall be established in the conditions of the Ordinance adopted by the City Council governing the particular Planned Development - Residential District. Specific uses may include those uses designated as permitted, accessory, or special uses in any of the residential districts. b. In addition to those uses included in Paragraph “a” above, the following uses may be designated as permitted uses and established as such in the Ordinance governing the particular Planned Development - Residential District: 1) attached single family dwellings/townhouses 2) condominiums 3) zero lot line residential developments 4) mobile home parks c. Within the Planned Development - Residential District, more than one principal building may be located on a zoning lot. 5-53  2. Planned Development - Commercial The following land uses and developments may be permitted in this District: a. Permitted land uses and developments shall be established in the conditions of the Ordinance adopted by the City Council governing the particular Planned Development - Commercial District. Specific uses may only include those uses designated as permitted, accessory, or special uses in the “NC,” “LC,” “GC” and “CBD” Commercial Districts, or other uses of a commercial nature. 3. Planned Development - Industrial The following land uses and developments may be permitted in this District: a. Permitted land uses and developments shall be established in the conditions of the Ordinance adopted by the City Council governing the particular Planned Development - Industrial District. Specific uses may only include those uses designated as permitted, accessory, or special uses in the “LI” or “HI” Industrial District, the “ORI” Office, Research and Light Industrial District and those uses in the “NC,” “LC,” or “GC” Commercial Districts, which are specifically related to the particular development. 5.13.06 Minimum Planned Development Site Size The minimum site size for any of the Planned Development Districts shall be two (2) acres. This minimum site size may be waived by the City Council upon recommendation by the Planning and Zoning Commission if the parcel in question has certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas, wet lands, floodplain areas, soil conditions, utility easements, or unusual shape or proportions; or, if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the City Council should determine such waiver to be in the general public interest. 5.13.07 Density and Dimensional Regulations and Performance Standards 1. General Standards: The approval of the Development Plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. However, such exceptions shall consistent with the City's Comprehensive Plan and the standards contained in this Section and have been specifically requested in the application for a planned development; and further, that no planned development shall be allowed which would result in: a. Inadequate or unsafe access to the planned development; b. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity; c. An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; d. A development which will be incompatible with the intent and purposes of this Ordinance; e. Detrimental impact on surrounding area including, but not limited to, visual pollution; The burden of proof that the criteria above are not being violated shall rest with the applicant and not the City of DeKalb. 5-54 5.13.11 Requirements and Procedures Prior to Recording of Plan After the final development plan (and subdivision plat, if applicable), engineering plans and other associated documents have been approved by the City Council, the applicant shall meet the terms and conditions of Section 15.08, Article 15, “Subdivision of Land.” 5.13.12 Final Development Plan Approval Not Acceptance of Dedication Offers Approval of a planned development does not constitute acceptance by the City of the offer of dedication of any streets, utilities, sidewalks, parks or other public facilities shown on the plan. However, the City Council may accept any such offer of dedication by resolution and may delay such acceptance until such time that the Public Works Director determines that the public improvements have been completed in a satisfactory manner, and accepted or approved by the appropriate authority. (2017-044) 5.13.13 Amendments to Final Development Plan 1. Minor Changes: Minor changes in the location, siting and height of buildings and structures may be authorized by the Community Development Director without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following: a. A change in the use or character of the development; b. An increase in overall coverage of structures; c. An increase in the intensity of use; d. An increase in the problems of traffic circulation and public utilities; e. A reduction in approved open space; f. A reduction of off-street parking and loading space; g. A reduction in required pavement widths. Notwithstanding anything foregoing to the contrary, all amendments, changes, or revisions to the final plan and plat of subdivision for any planned development located on parcels of property under common ownership which are at least 500 acres in size, shall constitute minor changes under this Section that may be authorized by the City Manager or Community Development Director without additional public hearings, provided that said amendments, changes, or revisions conform to the conditions and development standards established in the Ordinance adopted by the City Council governing the particular planned development. g. 2. Plan Amendments: All other changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be approved by the City Council after report of the planning staff and recommendation by the Planning and Zoning Commission. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes to the approved final plan must be recorded as amendments in accordance with the procedures and requirements of Article 20, “Amendments.” Additionally, the City Council shall require the applicant to re- file his application subject to the requirements of this Section as if it were an entirely new application. 5.13.14 Failure to Initiate Construction After Final Development Plan Approval 5-62 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, April 22, 2020 at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on City of DeKalb initiated text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend the following articles of the UDO: Article 3.01 “Definitions” to add “data center” and a definition; Article 5.10.02 Permitted Land Uses and Developments of the “ORI” Office, Research, and Light Industrial District to add “data center” as a permitted use; Article 5.11.02 Permitted Land Uses and Developments of the “LI” Light Industrial District to add “data center” as a permitted use; Article 5.12.02 Permitted Land Uses and Developments of the “HI” Heavy Industrial District to add “data center” as a permitted use; Article 5.13 “PD” Planned Development Districts, Articles 5.13.05.2 and 5.13.05.3 to remove the requirement that only certain specific uses may be allowed in the Planned Development – Commercial and Planned Development – Industrial Districts; and to Article 5.13.13 Amendments to Final Development Plan “Minor Changes” to allow certain changes to a final plan without additional public hearings. 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 4:00 p.m. on Wednesday, April 22, 2020 or the Online Public Comment Submission Form at https://www.cityofdekalb.com/FormCenter. 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 https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chairperson DeKalb Planning and Zoning Commission  STAFF REPORT April 17, 2020 TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: 818 W. Lincoln Highway – Special Use Permit for a “Cannabis Business Establishment” - Adult Use and Medical Cannabis Dispensary (NuMed Partners, LLC) I. GENERAL INFORMATION A. Purpose Establishment of an Adult Use and Medical Cannabis Dispensary in the tenant space at 818 W. Lincoln Highway B. Owner/Applicant NuMed Partners, LLC, represented by Robert Fitzsimmons C. Location and Size 818 W. Lincoln Highway; Tenant space – 6,600 sq. ft./Site – 2.1 acres D. Existing Zoning and Land Use “LC” Light Commercial District/vacant tenant space E. Surrounding Zoning and Land Use North – “LC” & “GC”; various commercial uses, apartments South – “SFR2”; RR and open space uses East – “LC” and “PD-C”; restaurant and DeKalb Police Headquarters West – “LC” & “GC”; various commercial uses; apartments F. Comprehensive Plan Designation Commercial II. BACKGORUND AND ANALYSIS The City has received a special use application from NuMed Partners, LLC, requesting a special use permit in order to establish a “Cannabis Business Establishment” for an adult use and medical cannabis dispensary at 818 W. Lincoln Highway. The location is a 6,600 sq. ft. tenant space in The Junction Shopping Center. The tenant space is located in the corner of the shopping center building and was the former location of Book World. The subject site is zoned “LC” Light Commercial District and a “Cannabis Business Establishment” is a special use in that district. A “Cannabis Business Establishment” is defined in the Unified Development Ordinance (UDO) as “an adult-use cannabis dispensing organization and a medical cannabis dispensing organization.” NuMed Partners, LLC is an Illinois based pharmaceutical grade cannabis producer and retailer and currently operates three medical and adult use cannabis dispensaries in Illinois (Chicago, East Peoria and Urbana). The proposed operation will have a high level of security meeting all State requirements and industry standards. The applicant has provided an overview of their company and their security measures and is provided in the Commission’s packet. A floor plan indicating the layout of the facility has also been provided. The floor plan and security measures have been forwarded to the Police Department for an initial review. As a condition of approval, staff is recommending that a security plan be approved between the Police Department and applicant prior to final occupancy of the space. The proposed location will have related retail operations including selling logo apparel, devises and merchandise. The proposed use has similar volume retail uses, traffic patterns, parking demands and physical attributes as the other uses within the shopping center. Article 7.18 of the UDO has specific regulations for “Cannabis Business Establishments”, including setbacks to schools, day care facilities and residential areas. There are also parking and other development restrictions including security and surveillance measures in Article 7.18. A “Cannabis Business Establishment” cannot be located within 250 feet of the property line of a property zoned or used primarily for residential purposes that contains residential dwelling units. The nearest residential property is an apartment complex to the west that is about 315 feet from the proposed tenant space. In addition, a “Cannabis Business Establishment” cannot be located within 250 feet of the property line of a nursery school, preschool, primary or secondary school, day care center, daycare home, residential home and an academic building or residence hall of a State University. None of these mentioned uses are within 250 feet of the proposed tenant space. It should be noted with the 250-setback requirement to residential properties there are a limited number of locations along W. Lincoln Highway that can comply with this setback standard. The portion of the Junction Shopping Center where the applicant is proposing to locate is one of these areas. The parking requirement for cannabis dispensaries in the UDO is the same requirement applicable to “Commercial Service Facility and Retail Sales” uses, which is one space per 250 sq. ft. of floor area. This was the same parking requirement for Book World. There is a total of 41,831 sq. ft. of gross leasable area in the L-shaped building and the Page 2 of 8 three buildings along west side of the site (excludes Pizza Villa Building). The parking formula is one space for every 250 sq. ft. of floor area so there would be 167 required parking spaces. There is a total of 170 parking spaces provided in the shopping center excluding the lot for Pizza Villa. Please note the UDO bases parking on “floor area”, which excludes restrooms, storage areas and mechanical rooms. The 41,831 sq. ft. is a gross floor area, so the parking requirement is actually less than 167 spaces. On November 25, 2019 the City approved an Ordinance granting the zoning for a medical cannabis dispensary for BQ Enterprises at 700 Peace Road. BQ Enterprises has applied for a license through the State and is waiting on a response which is expected to come next month. Although the State has separate licensing requirements and limits on the number of facilities, the Commission’s focus for this request should be on the standards for a special use found in our UDO and listed in this report. The UDO does have a limit of five special use permits for adult use cannabis dispensaries in the City. As with the approval of the medical cannabis dispensary at 700 Peace Road in 2019, the staff is recommending a time limit for the applicant to obtain a state-issued license and to complete the build-out of the tenant space. We are recommending the applicant obtain a state-issued adult-use and medical cannabis dispensary license for the subject tenant space within one year of approval of the Ordinance granting the special use permit. In addition, we are recommending the applicant complete all required build-out and tenant improvements within six months after issuance of the state-issued cannabis dispensary license (and prior to opening of the facility). This is the same time requirement that was applied to the medical cannabis dispensary at 700 Peace Road. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed “Cannabis Business Establishment” will comply with all regulations of the “LC” Light Commercial District and Article 7.18 of the Unified Development Ordinance. The 2005 Comprehensive Plan recommends the subject site for commercial uses. The proposed cannabis dispensary will be locating in a multi-tenant building along a highly visible roadway and compatible with adjacent uses. In addition, the cannabis dispensary will have adequate parking and provide a security plan meeting the requirements of the UDO and the Police Department. 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on adjacent properties or land uses. The site has been zoned commercial for decades. The subject site is in proximity to a variety of other commercial uses including restaurants, and other retail Page 3 of 8 and service uses. The nearest residential property to the proposed special use is approximately 350 feet to the west of the tenant space. One of the conditions with the special use permit is an approved security plan with the Police Department prior to a final certificate of occupancy. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The granting of the special use will not dominate the immediate area and will not prevent development on the neighboring properties. The surrounding area is already fully developed with a variety of commercial and retail uses and some residential properties. The proposed cannabis business will operate in a manner that is not detrimental to the surrounding neighborhood. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate public services and utilities are already provided to the subject tenant space. A full alarm and security system including lighting and surveillance cameras will be added to the facility. The parking lot serving the proposed special use has 170 parking spaces and 167 parking spaces are required per the Unified Development Ordinance. The previous use of a bookstore has the same parking demand as the proposed cannabis dispensary. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. The proposed special use will not be detrimental to the permitted developments and uses on the site or to the surrounding area. The proposed adult use and medical cannabis dispensary will take up a vacant commercial tenant space along W. Lincoln Highway and will be an economic benefit to the corridor and City. As extensively documented by academic research on the subject, cannabis dispensaries pose no threat to the public health, safety, morals, or general welfare of a community. Page 4 of 8 IV. CITIZEN RESPONSE/COMMENTS As of the posting of the Planning and Zoning Commission agenda on April 17, 2020 the City has not received any written comments from the public. V. CONCLUSIONS AND RECOMMENDATION The proposed special use request will allow an adult use and medical cannabis dispensary in a location that meets all the current requirements of the UDO. The proposed cannabis dispensary will take up a vacant commercial tenant space along W. Lincoln Highway and will be an economic benefit to the corridor and provide for the health and well being of the community. Sample Motion: Based upon the submitted petition and testimony presented, I move that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Special Use Permit for a “Cannabis Business Establishment” - Adult Use and Medical Cannabis Dispensary for the property located at 818 W. Lincoln Highway in the tenant space as shown on Exhibit A and subject to the conditions listed in Exhibit B. Page 5 of 8 EXHIBIT A  Exhibit B 1) The applicant shall obtain a state-issued medical and adult use cannabis dispensary license for the subject site within one year of approval of the Ordinance granting the special use permit. 2) The applicant shall complete all required build-out and tenant improvements within six months after issuance of the state-issued medical and adult use cannabis dispensary license (and prior to opening of the facility). 3) The applicant shall comply with the restrictions of Article 7.18 of the Unified Development Ordinance for “Cannabis Business Establishments” and have an approved security plan with the Police Department prior to a final certificate of occupancy. Page 6 of 8