Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA JULY 20, 2020 6:00 P.M. **NEW LOCATION** DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, Illinois 60115 PLANNING AND ZONING COMMISSION MEETING 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 120/1, et seq. (the “OMA”), 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.” This executive order has been extended by subsequent executive orders through the pendency of this meeting. On Friday June 12, 2020, Public Act 100-0640 became effective law. Public Act 100-0640 amends the OMA to allow public bodies, subject to certain conditions, to (1) conduct meetings by audio or video conference without the physical presence of a quorum of the members of the public body; and (2) provide alternative arrangements for members of the public to attend said meetings. Due to the COVID-19 emergency, the City of DeKalb has determined that it may be necessary to conduct meetings by audio or video conference without the physical presence of a quorum and provide alternative arrangements for members of the public to attend said meetings. The City of DeKalb has taken prudent steps to assure that virtual Commission member attendance and public access are satisfied within the intent of the Governor’s executive orders, Public Act 100-0640 and other applicable law. Citizens wishing to view the meeting from home or elsewhere can tune in to Channel 14 or by following the link provided here. Accommodations have been made for citizens to comment on a topic listed on the agenda (or a topic not listed on the agenda) by clicking on the link provided here. Comments will be read by the Commission Chair at the appropriate time during the meeting. Assistive services available upon request. Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Planning and Zoning Commission Agenda July 20, 2020 Page 2 of 2 A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. July 6, 2020 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing (Continued) – A petition continued from July 6, 2020, by DeKalb First Methodist Church for approval of a zoning map amendment, upon annexation, from the “SFR1” Single-Family Residential District to the “PD-R” Planned Development – Residential District, approval of an amendment to Ordinance 94-74, and approval of a concept plan to allow for the construction of an approximately 7,730 sq. ft. church and accessory uses on approximately 16 acres of property located along the west side of N. Annie Glidden Road across from the DeKalb County Health Facility Campus. 2. Public Hearing – A petition by Ricky Brown for approval of a variance to Articles 7.06.3 and 7.06.6 of the Unified Development Ordinance to allow a six (6) foot high privacy fence to encroach into the front building line along Culver Street for the property located at 904 S. 4th Street. F. REPORTS G. ADJOURNMENT Planning and Zoning Commission July 6, 2020 Page 1 of 13 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION July 6, 2020 The Planning and Zoning Commission held a Meeting on July 6, 2020, at the DeKalb Public Library in the Yusunas Meeting Room, 309 Oak St, DeKalb, Illinois. Vice Chair Christina Doe called the meeting to order at 6:00 PM. Vice Chair Doe stated she wanted to thank everyone for being here tonight. She mentioned for those attending, the meeting 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: Vice Chair Doe, Ron Klein, Jerry Wright, and Trixy O’Flaherty. Chair Maxwell and Steve Becker were absent. Principal Planner Dan Olson was present representing the City. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair Doe requested a motion to approve the July 6, 2020, agenda as presented. Mr. Wright motioned to approve the agenda as presented. Mr. Klein seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. June 17, 2020 – Vice Chair Doe requested a motion to approve the June 17, 2020, minutes as presented. Mr. Klein motioned to approve the minutes as presented. Ms. O’Flaherty 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 – A petition by DeKalb First United Methodist Church for approval of a zoning map amendment, upon annexation, from the “SFR1” Single-Family Residential District to the “PD-R” Planned Development – Residential District, approval of an amendment to Ordinance 94-74, and approval of a concept plan to allow for the construction of an approximately Planning and Zoning Commission July 6, 2020 Page 2 of 13 7,730 sq. ft. church and accessory uses on approximately 16 acres of property located along the west side of N. Annie Glidden Road across from the DeKalb County Health Facility Campus. Tom Weber, member of the DeKalb First United Methodist Church, advised he is the Vice Chair of the Land Acquisition Team. He noted the other members of the church present were Jim Horn, Pastor Jonathan Crail, Sally Mullis, Marsha Goodrich, and Herb Buhr. He advised the Land Acquisition Team has been looking for a new location to build their church in the Dekalb area. He stated several years ago he met with Steve Storey, who along with his sisters, own the 15.87 acres that are included in the petition. He advised the other members would speak to the petition, but he wanted to thank City staff for their efforts and help with the project. Jim Horn stated the DeKalb First United Methodist Church has been serving the Dekalb area for over 150 years. He advised the current church building located on the corner of 4th Street and Oak Street was built in 1908. He noted this was the third building owned by the church. He stated most of the current building is not handicap accessible and the maintenance cost has increased due to the age of the building. He added the current building lacks the necessary green space for youth and adult activities. Mr. Horn advised the funding for the new church would be raised up front, to eliminate the need for a mortgage. He noted a 3-year capital campaign was launched to raise money for the new church. He stated they are in the third year of the capital campaign. He advised the amount raised would determine the initial design of the church, but they will have space to expand in the future if necessary. He advised the new building would be energy efficient, greatly decreasing their maintenance costs. He noted they have been working with Saavedra Gehlhausen Architects to design the church. He advised the new church would be entirely handicap accessible. Pastor Jonathan Crail stated the congregation has a very long history in DeKalb and was formed in 1855. He advised they have been in their current building for 112 years. He said the maintenance cost, repair costs, heating and cooling issues, and lack of green space has led them to construct a new building. He advised they are designing the building to be a community resource. He noted an example such as the church being partnered with Boy Scout Troupe #4 and Cub Scout Pack #104 for over 84 years. He noted the church holds a monthly free dinner event for the community and allows their building to be used by various organizations for community events. Pastor Crail stated City Officials and DeKalb County have been working on the revitalization of Annie Glidden North, and the project would only benefit the revitalization effort. Planning and Zoning Commission July 6, 2020 Page 3 of 13 Principal Planner Dan Olson went over the staff report dated July 2, 2020. He advised the subject site is 15.87-acres and located along the west side of N. Annie Glidden Rd and across from the DeKalb County Health Facility Campus. He noted a portion of the subject site was annexed to the City in 1994 per Ordinance 1994-74 as part of the Eden’s Garden Subdivision Development. He advised the northern portion of the subject site is in unincorporated DeKalb County. He pointed out the northern portion will have to be annexed and rezoned from “SFR-1” Single-Family Residential District to the “PD-R” Planned Development – Residential District, as properties are initially annexed as “SFR- 1”. He advised the petitioner is also requesting approval of a concept plan, plat of roadway dedication, and waivers to the UDO for building height, landscaping, minimum street standards, and parking lot standards. Mr. Olson advised the proposed church building and parking lot will be located on the eastern portion of the property. He noted the church building will be approximately 7,730 sq. ft. and include a 203-seat sanctuary, classrooms, lounge area, administrative offices, and a kitchen. He stated access will be provided in two phases, with initial access being provided from N. Annie Glidden Rd, across from the existing access into the DeKalb County Health Facility Campus. He advised the right-of-way for Beautiful Gate Drive will be dedicated to the City with the approval of the project, however the road will not be constructed at this time. He noted the road will be extended once development occurs to the north of the subject site or if the subject site is further subdivided. He stated the concept plan indicates a Phase 2 layout that adds more parking and provides for another access to N. Annie Glidden Road. Mr. Olson stated a traffic analysis was conducted in 2018 and indicated that an additional right turn lane will not be needed to handle existing and future traffic generation from the church. He advised a northbound left turn lane at the church’s entrance at N. Annie Glidden Road is warranted and re-striping will have to occur, but a traffic signal at the entrance was not warranted. Mr. Olson stated the UDO requires one parking space for every four seats in the sanctuary for a church. He noted there will be 203 seats, which would require 56 parking spaces. He advised a total of 65 parking spaces are provided on the concept plan in the Phase 1 Development. Mr. Olson stated a stormwater detention basin is provided on the site to the northwest of the church. He noted water will be extended from the existing main along N. Annie Glidden Road and sanitary sewer will be brought to the church from the eastern edge of Eden’s Garden at Beautiful Gate Drive. He stated a Final Plan, meeting the UDO requirements, will be required to be submitted prior to any building permits being issued for the site and the Final Plan will be reviewed by City staff and will not be required to be reviewed by the Planning Planning and Zoning Commission July 6, 2020 Page 4 of 13 and Zoning Commission as long as the plan is in substantial conformance with the Concept Plan. Mr. Olson advised the applicant is requesting various waivers to the UDO. He noted the church will have a steeple, which will be at a total height of 86 feet. He noted the UDO does allow an increase in building height for church steeples; however, it cannot exceed the zoning height regulations in which it is located by more than 20%. He stated he maximum height in the highest density residential district is 45 feet, which would allow a building height of 54 feet after applying the 20% increase. Mr. Olson noted the UDO requires structural projections over the maximum height level to have an additional one-foot setback for each two feet the structure is over the maximum height level. He stated the steeple is 32 feet (86’-54’) over the maximum height allowed, which equates to a required minimum front yard setback of 41 feet. He stated the church will be setback about 52 feet to the north property line and 250-300 feet away from N. Annie Glidden Road ROW, which far exceed the additional setback required. He advised the height waiver is justified as the proposed church will not be in close proximity to any residences and is an integral part of the architecture of the church. Mr. Olson advised the UDO requires berming (3’ height minimum) along public roadways adjacent to parking lots. He noted the applicant is proposing landscaping along N. Annie Glidden Road that meet the UDO minimum requirements regarding shade trees and shrubs, however no berming is proposed. He mentioned other examples including the Northern Illinois Korean Church that has no berm and the County Health Facility that has a meandering berm but is a much larger development. Mr. Olson advised the petitioner requested a waiver to reduce the landscaping along the south and west property lines, which is justified since there is no development to the south of the site and the nearest home to the west is over 1,000 feet away. Mr. Olson noted landscaping in the parking lot and in front of the church building is proposed, however does not meet the minimum requirements. He stated the church does plan to install additional landscaping in the future through memorial donations and plans to have a fully landscape church campus in the future. Mr. Olson advised the applicant is requesting a waiver for the access from N. Annie Glidden Road that is in the right-of-way of Beautiful Gate Drive to not have curb and gutter. He noted the concept plan shows a 36-foot-wide access into the site, which would provide enough width for an entrance lane and a right turn and left turn lane. He added once Beautiful Gate Drive is extended, a full street profile would be provided with curb and gutter. Planning and Zoning Commission July 6, 2020 Page 5 of 13 Mr. Olson stated the applicant is also requesting there be no curbing at the perimeter of the parking lot. He noted future parking is proposed to the south, so installing curbing along the south side of the phase 1 parking lot would not be advised. He added there is precedent, as the parking lots for the Northern Illinois Korean Church and New Hope Missionary Baptist Church do not have curbing. Mr. Olson said the petitioner is meeting all the requirements of the UDO, except for the listed waivers. He noted there are other churches in the area, and the project will not be detrimental to the surrounding properties. He added the sanitary sewer will be extended from the Eden’s Garden development and water will be connected from an existing main along N. Annie Glidden Road. Mr. Olson mentioned there were some citizen response forms regarding the petition. He mentioned James and Kathy Maciorowski, of 1377 Omega Circle Drive, indicated they do not support the proposal. He noted an e-mail was received from Bertrand Simpson, of 2570 Soros Ct., mentioning a concern if Beautiful Gate Drive would be extended. He advised City Staff responded to Mr. Simpson indicating that Beautiful Gate Drive would not be extended with the development of the church. He added letters were received from Karen and Sam Baker, of 1230 Omega Circle Drive, and from the Eden’s Garden management company indicating a concern about stormwater drainage from the church site impacting their subdivision. Mr. Olson noted City Staff responded mentioning the church will be providing their own stormwater detention pond that will handle the stormwater for the site, which will have to meet all the UDO requirements and will be checked by the City Engineer. Mr. Olson stated since the posting of the agenda, another email was received from Matt and Jackie Suwanski, of 1229 Omega Circle Dr, concerned about storm water retention and the condition of Twombly Road. Mr. Olson reiterated the detention pond requirements for the church and advised DeKalb County will be reconstructing Twombly Road next year, as well as adding a sidewalk on the north side of Twombly Road. Mr. Olson advised City Staff recommends approval of the annexation, rezoning, concept plan, and waivers to the UDO. He noted the request will allow the church to construct a new facility that will accommodate their immediate and future needs. Vice Chair Doe gave the public a chance to speak. Jim Neff, of 1245 Omega Circle Dr., stated his concern with drainage. He advised they regularly have flooding on the subject property. He stated the land behind his home has ponds that form that are several acres large. He noted he Planning and Zoning Commission July 6, 2020 Page 6 of 13 had concerns with Beautiful Gate Drive, but it was no longer an issue after Mr. Olson’s explanation that the road will not be extended with this development. Sam Baker, of 1230 Omega Circle Dr., advised he was one of the citizens that mailed in a response form to the City. He advised he is not against the church and only has an issue with the drainage and flooding behind his property and in his subdivision. He noted ponds form every year behind the homes on Omega Circle Dr. He wants to ensure the church is built properly and doesn’t add to the water runoff in the area. Mr. Olson advised the petitioner is required to conduct a stormwater impact study and ensure the proposed detention pond contains the runoff from the project. He noted the petitioner must meet the drainage and stormwater regulations of the UDO and the development will not add to any existing drainage issues. Mr. Baker said he wants a solution to the current drainage issue before any other development occurs. He stated the flooding will get worse with any new development if the current issue isn’t addressed. Mr. Olson advised per the UDO; the development will not be allowed to increase runoff to neighboring properties. He noted all runoff from the new development will be directed to the new detention pond. Mr. Olson stated if there is a current issue at Eden’s Garden, he could request the City Engineer to inspect the area, however, the petitioner would not be required to remediate any existing runoff. Steve Storey advised he is the current owner of the subject property. He said Eden’s Garden has 8-inch tile to the surrounding detention ponds. He advised if there was a larger tile into Eden’s Garden detention pond, it would solve the flooding issue in the area. Mr. Baker advised that would never be approved, as the detention ponds are already flooding. He reiterated he is not opposed to the construction of the church but wants to ensure that water issue is remedied. He added he does not want construction to move forward until the issue is addressed. Mr. Olson advised the petitioner is required to provide stormwater detention for the development, which includes the building and parking lot. He noted they must meet UDO requirements, which prevents the development from adding to the water runoff problem. He stated the land on the west side of the subject property is not going to be developed, so they are not required to remedy the current flooding in that area. Mr. Olson reiterated he will convey the concerns to the City Engineer and can have him address the issues with Mr. Baker. Vice Chair Doe requested Mr. Olson clarify the property lines and development lines of the proposed development. Mr. Olson clarified the development will only be on the eastern part of the subject property. The western side of the property will remain undeveloped farmland. Planning and Zoning Commission July 6, 2020 Page 7 of 13 Bertrand Simpson Jr, of 2570 Soros Ct, advised the south end of his property abuts Beautiful Gate Dr. He wanted the City to clarify if there will be any additional traffic on Beautiful Gate Dr. due to the development. Mr. Olson advised all traffic to the church will be off N. Annie Glidden Rd. Mr. Simpson stated he is not opposed to the church but wants the petitioner to take in mind what effect the development will have on water runoff to neighboring properties. Mr. Simpson questioned if the property to the north of the subject site will be developed residential or commercial in the future. Mr. Olson advised this development does not affect the property to the north, as it is unincorporated DeKalb County. He noted it is designated as residential in the City’s Comprehensive Plan. Vice Chair Doe gave the Commissioners a chance to speak. Ms. O’Flaherty stated she believes the proposed project is a good use of the property. She questioned what the normal course of action would be for Mr. Baker’s concerns regarding the present issues. Mr. Olson advised the City Engineer would inspect the site and see if there is a resolution. Ms. O’Flaherty would prefer the issues be addressed now before the development moves forward. Mr. Wright questioned if there were plans for the land to the north of the development or west of the development. Mr. Olson advised there are no current plans at this time. Mr. Wright questioned if there will be a southbound right turn lane off N. Annie Glidden Rd. Mr. Olson responded the traffic study deemed a right turn lane would not be required, but a northbound left turn lane would be. Mr. Wright inquired when construction will begin and end. Mr. Horn advised the project will begin either in 2022 or 2023 and will take approximately 4 months to complete. Mr. Wright asked the public participants and Mr. Olson to clarify if the western part of the subject property has a current drainage issue due to runoff from surrounding farmlands. Mr. Olson noted citizens advised there is a current drainage issue on the subject property closest to Eden’s Garden. Mr. Wright stated the stormwater restrictions in the UDO may have to be expanded to cover the current drainage issue at the subject site. Mr. Olson advised the petitioner can only be required to address the runoff caused by the new development on their own property, not the current issue in Eden’s Garden. Mr. Wright questioned if the regulations in the UDO need to be adjusted to address the specific water runoff issues at this property that other development properties may not have. Planning and Zoning Commission July 6, 2020 Page 8 of 13 Mr. Klein asked if the subject property is part of a drainage district. Mr. Storey advised it is in the drainage district. Mr. Klein advised the drainage district already has assessments of the property, which would make it subject to the regulations of the district. Mr. Klein advised the petitioner would need to go before the drainage district board to ensure they meet all their regulations. Vice Chair Doe questioned if the property was annexed, would they still be subject to the drainage district’s approval. Mr. Klein advised they would. Mr. Olson asked the Commission what they would like to add to the petition or review to address their concerns. Vice Chair Doe questioned if the placement of the detention pond is laid out in the UDO. Mr. Olson advised the placement is determined by the stormwater impact study and engineering calculations. Mr. Wright questioned if the Commission approves the petition tonight, how would the runoff issue be addressed. Mr. Olson advised in Exhibit B of the recommendation, a full stormwater report and impact study is required to be conducted, submitted, and approved by the City Engineer prior to any construction. Mr. Klein inquired what will happen to the current church building. Mr. Horn advised the church plans to sell the property. He advised there were several inquiries, but he has not been able to solidify a sale, as the new church site has not been approved or developed. Mr. Klein inquired if they will be constructing any additional buildings on the subject property. Mr. Horn advised a garage or shed may be built to store lawn equipment and furniture, but nothing major. Mr. Klein questioned if membership of the church has stayed stable for the last 10 years. Mr. Horn advised there has been a slight decline, especially with COVID-19. He noted the capital campaign has run steadily over the years, however. Mr. Klein noted the petitioner needs to address the drainage issue with the drainage district. Mr. Olson advised with the current concerns regarding stormwater runoff, the Commission may wish to continue the hearing to the next meeting so the City Engineer can address the concerns. Mr. Wright believes this is the last opportunity to address the issues and would not want to approve the petition if the issue isn’t addressed. Mr. Storey questioned if the Commission would like the drainage district to attend the continued hearing. Mr. Olson advised it would not be necessary to have the district attend the hearing. Planning and Zoning Commission July 6, 2020 Page 9 of 13 Vice Chair Doe questioned where the cut off for the green space will be for the development. Mr. Horn advised the green space will only cover the eastern third of the subject property. He advised the green space will be sodded and there will be bushes and trees or a fence to separate the developed property from the farmland. Mr. Wright questioned if the farmland would continue to be farmed. Mr. Horn advised it would be. Mr. Baker reiterated he is not opposed to the project but wants the water issue to be addressed now and rather than let it linger. He stated if the petitioner is not going to be using the land, something should be done to the land now to prevent future flooding. Mr. Simpson understands the petitioner is following the regulations of the UDO, but questions if the City and petitioner are doing the best they can to help the citizens in the area. He advised Eden’s Garden was planned and went through the same vetting process as this petition, but there are drainage issues that arose from its development. Mr. Klein noted this project would be ideal when it comes to drainage, as building one church on 16 acres would prevent more runoff than 20 separate houses. Mr. Wright said he would prefer to hear from the City Engineer regarding the current drainage issue in order to give consolation to the citizens living in Eden’s Garden. Mr. Wright advised he fully supports the church but wants the drainage issue resolved. Ms. O’Flaherty advised she agrees with Mr. Wright and wants to hear from the City Engineer. Vice Chair Doe advised she is excited for the project, as she attends a neighboring church. She added she does not want to rush the project and wants the drainage issue resolved. Mr. Klein moved that 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-R” Planned Development – Residential and approval of an amendment to Ordinance 94-74 to allow for the construction of an approximately 7,730 sq. ft. church and accessory uses for approximately 16 acres of property located along the west side of N. Annie Glidden Road across from the DeKalb County Health Facility Campus. Approval is also recommended for a concept plan, architectural elevation, landscape plan and Planning and Zoning Commission July 6, 2020 Page 10 of 13 plat of dedication described in Exhibit A of the staff report and approval of the Planned Development Standards described in Exhibit B of the staff report. There was no second to the motion made by Mr. Klein. Motion Failed. Mr. Wright moved that the Planning and Zoning Commission continue the public hearing to July 20, 2020 at 6:00PM at the DeKalb Public Library located at 309 Oak Street. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Mr. Klein – No, Ms. O’Flaherty – yes, Mr. Wright – yes, Vice Chair Doe – yes. Motion passed 3-1-2. Chair Max Maxwell and Steve Becker were absent. 2. Public Hearing – A petition by Municipal Resolutions on behalf of First National Bank of Omaha for approval of a variance to Article 13.06.04 of the Unified Development Ordinance in order to incorporate a 40 sq. ft. electronic changeable copy sign on an existing legal non-conforming ground sign at the First National Bank of Omaha located at 121 W. Lincoln Highway. Karen Dodge, with Municipal Resolutions on behalf of First National Bank of Omaha, advised they are requesting a variance to install an electronic changeable copy sign at 121 W. Lincoln Highway. She noted the footing, post, and cabinet for the sign was installed in the 1980’s. She added the petitioner will only be changing the face of the sign, incorporating the electronic message center. She advised the proposal is to increase communication to customers in the community. She added they will not be increasing the size or height of the sign. Ms. Dodge advised the sign will comply with Article 13.06.04 of the UDO by only having one changeable copy sign and keeping the electronic message center under 40 sq. ft. She also mentioned the sign will be in compliance by not having off site advertising, maintaining a 5 second hold between messages, not having various transitions, and installing a dimmer switch. Ms. Dodge advised there were two correspondence received by the City from residents north of the property. Mr. Olson advised the two properties are 150 and 200 W Locust St. He noted the residents had concerns with the potential visibility of the sign from the second floor of their homes. Ms. Dodge advised there should be no issues with the visibility of the sign as they are not changing the size of the sign. She pointed out the administrative bank building and several trees are between the resident’s homes and the sign. She noted the residents are at a lower elevation than the bank property, so Planning and Zoning Commission July 6, 2020 Page 11 of 13 visibility of the sign will be minimal. She added the residence face the side of the sign, not the illuminated portion. Principal Planner Dan Olson went over the staff report dated July 2, 2020. He noted the existing sign is 29 ft. and 5 ½ in. high and a total of 102 sq. ft. in size. He noted the sign is an existing legal non-conforming ground sign and the petitioner proposes to replace the face of the existing sign and add an electronic message center to the sign that will be 40 sq. ft. or about 40 percent of the overall sign size. Mr. Olson advised on March 23, 2020 the City Council approved several amendments to the sign regulations including allowing electronic changeable copy signs with a sign permit as long as the sign met the requirements in the UDO. He noted prior to the amendment, electronic changeable copy signs were prohibited, however a few were approved by special use permits including Hillcrest Covenant Church, Brian Bemis Auto Group, and two local schools. Mr. Olson advised First Midwest Bank, just across the street from the subject property, has an electronic changeable copy sign that was approved by the City through a special use permit in 2012. He noted the First National Bank of Omaha branch office just to the west of the site already has a ground sign which is approximately 50 sq. ft. and 10 ft. in height and only displays the time and temperature. He advised there are several other non-conforming signs to the west of the subject site including American Liquors, Shell Gas Station, and Los 3 Burritos. Mr. Olson mentioned the contractor installing the sign is the same company that constructed the Clinton Rosette sign that was approved by the Commission. The technology will be the same and it will have the same capabilities. He added only 40% of the sign front will be the changeable sign portion. Mr. Olson noted the sign is existing and will not be a detriment to the surrounding area. He explained there are several non-conforming signs in the area, as well as an electronic changeable sign to the south of the site. He said the sign is not out of character with the surround properties. Mr. Olson advised two responses were received by nearby property owners. He noted Valerie Flynn, of 200 W. Locust St, objected to the variance with concerns of visibility. He noted there are buildings and landscaping between the sign and the resident’s property, so the visibility of the sign is questionable. A second response form was received from Joe and Jean Gastiger, of 150 W. Locust St, regarding visibility of the sign. Mr. Olson said they were also concerned with the street scape and the design of the corridor with the addition Planning and Zoning Commission July 6, 2020 Page 12 of 13 of an electronic changeable copy sign. Mr. Olson reiterated the landscaping between the properties and that the residence faces the side of the sign, not the face of it. Mr. Olson stated the City Staff recommends approval of the variance as shown in Exhibit A and with the restrictions provided in the UDO for electronic changeable copy signs. Vice Chair Doe gave the public a chance to speak. There were none. Vice Chair Doe gave the Commission an opportunity to speak. Mr. Klein questioned what the need was for a flashing sign when they already have two large signs on the property. Ms. Dodge advised the sign will display their products, such as home equity rates and CD rates. Mr. Klein mentioned he is not in favor of large flashing signs and believes the bank has done well with the two signs it currently has. Ms. Dodge pointed out the sign will not be flashing and will be very simple and only display the bank’s different investment rates and products. Mr. Wright questioned if the sign would be on all day, and if the sign would get dimmer at night. Ms. Dodge advised the sign would be on all day and would be dimmed to meet the requirements of the UDO. Mr. Wright questioned if the changeable portion of the sign would increase the overall size of the sign. Ms. Dodge responded the sign size would remain the same. Vice Chair Doe questioned why the bank decided to stay with the current sign instead of a new one. Ms. Dodge noted visibility and cost. Mr. Wright moved that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a variance to Article 13.06.04 of the Unified Development Ordinance in order to allow a 40 sq. ft. electronic changeable copy sign (electronic message center) on an existing legal non-conforming ground sign at the First National Bank of Omaha located at 121 W. Lincoln Highway as shown on the sign detail dated 6-4-20 and labeled as Exhibit A in the staff report. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Mr. Klein – yes, Ms. O’Flaherty – yes, Mr. Wright – yes, Vice Chair Doe – yes. Motion was passed 4-0-2. Chair Maxwell and Steve Becker were absent. Planning and Zoning Commission July 6, 2020 Page 13 of 13 F. REPORTS Mr. Olson advised the next meeting of the Planning and Zoning Commission would be July 20, will include the continued First United Methodist Church public hearing, as well as variance request for a fence located at 904 S 4th St. Mr. Olson noted on June 22 the City Council approved the Littlejohn Elementary School modular classroom special use permit. He also mentioned the Council approved the second reading on the 421 Grove St. rezoning for the Swedberg contractor’s office. Mr. Olson stated Project Ventus was announced as Facebook and thanked the Commission for their efforts on the project. G. ADJOURNMENT Ms. O’Flaherty motioned to adjourn, Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 7:51 PM.  STAFF REPORT July 2, 2020 July 16, 2020 - Updated TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Zoning Map Amendment, Upon Annexation, from the “SFR1” Single-Family Residential District to the “PD-R” Planned Development – Residential District to allow for the construction of a Church and Accessory Uses along the West Side of N. Annie Glidden Road (DeKalb First United Methodist Church) I. GENERAL INFORMATION A. Purpose Construction of 7,730 sq. ft. church and accessory uses B. Owner/Applicant Stephen Storey/DeKalb First United Methodist Church C. Location and Size West side of N. Annie Glidden Road, across from the DeKalb County Health Facility Campus/Approx. 16 acres D. Existing Zoning and Land Use “PD-R” Planned Development Residential District and A-1 (Unincorporated); Agricultural E. Surrounding Zoning and Land Use North: A-1 (Unincorporated); agricultural South: A-1 and SFR1; church, agricultural East: PD-R; DeKalb County Health Facility Campus, church West: PD-R; townhomes, single-family F. Comprehensive Plan Designation Low Density Single-Family Residential II. BACKGROUND AND ANALYSIS Request/Background DeKalb First United Methodist Church is proposing to relocate from their 4th St. and Oak St. location to 15.87-acre site along the west side of N. Annie Glidden Road across from the DeKalb County Health Facility Campus. Part of the site (9.33 acres) is currently in the City and zoned PD-R and the other portion (6.54 acres) is in unincorporated DeKalb County. The 9.33 acres was annexed to the City in 1994 (Via Ordinance 94-74) as part of the Eden’s Gardens Subdivision development and was a means to provide contiguity to the existing City limits at the time. The request involves the approval of a zoning map amendment, upon annexation, from the “SFR1” Single-Family Residential District to the “PD-R” Planned Development – Residential District for the property not currently in the City and for approval of an amendment to Ordinance 94-74 for the property that is already annexed. The request also involves approval of a concept plan, plat of roadway dedication and waivers to the Unified Development Ordinance (UDO) for building height, landscaping, minimum street standards and parking lot standards. The 15.87-acre property stretches from N. Annie Glidden Road to eastern edge of the Eden’s Garden development. The proposed church building and parking lot will be located at the eastern portion of the property they are purchasing. The church will be approximately 7,730 sq. ft. and include a 203-seat sanctuary, classrooms, coffee/lounge area, administrative offices and a kitchen. Access will be provided from N. Annie Glidden Road across from the existing access into the DeKalb County Health Facility Campus. The right-of-way for Beautiful Gate Drive will be dedicated to the City with the approval of the project, however the road will not be constructed at this time. The road will be extended once development occurs to the north of the subject site or if the subject site is further subdivided. The concept plan indicates a Phase 2 layout that adds more parking and provides for another access to N. Annie Glidden Road. The City has been working with the church for a couple of years regarding the site plan and other development issues. We have worked out a draft annexation agreement with the church prior to the submittal of the annexation and rezoning petitions. The agreement was a working document between staff and the church so they were able to determine what the general requirements for developing the site would be. A traffic analysis was conducted in 2018 and indicated that an additional right turn lane will not be needed to handle existing and future traffic generation from the church. A northbound left turn lane at the church’s entrance at N. Annie Glidden Road is warranted and re-striping will have to occur. The study also concluded a traffic signal at the entrance and N. Annie Glidden Road was not warranted. For churches’ the UDO requires one parking space for every four seats in the sanctuary. There will be 203 seats in the sanctuary, which equates to 56 required parking spaces. A total of 65 parking spaces are provided on the concept plan in the Phase I development. Page 2 of 8 A stormwater detention basin is shown on the concept plan to the northwest of the church building. Water will be extended from the existing main along N. Annie Glidden Road and sanitary sewer will be brought to the church from the eastern edge of Eden’s Garden. A Final Development Plan, meeting the UDO requirements, will be required to be submitted prior to any building permits being issued for the site. The Plan will include engineering details and stormwater calculations to ensure the stormwater is detained on the site per the UDO standards. The Plan will be reviewed by City staff as well as the Planning and Zoning Commission and City Council. Waivers to the UDO The applicant is requesting waivers to the UDO regarding building height, landscaping, minimum street standards and parking lot standards and are summarized below. Building Height – Article 5.13.07(3)(3) and Article 7.02 The church will have a steeple, which will be at a total height of 86 feet. The UDO does allow an increase in building height for church steeples; however, it cannot exceed the zoning height regulations in which it is located by more than 20%. The maximum height in the highest density residential district is 45 feet, which would allow a building height of 54 feet after applying the 20% increase. The UDO also requires structural projections over the maximum height level to have an additional one-foot setback for each two feet the structure is over the maximum height level. The steeple is 32 feet (86’-54’) over the maximum height allowed, which equates to a required minimum front yard setback of 41 feet (additional setback of 16 feet onto the 25-foot front yard setback required in residential districts). The church will be setback about 52 feet to the north property line and 250-300 feet away from N. Annie Glidden Road ROW, which far exceed the additional setback required. The setbacks to the south property and west property line are substantial also and meet the minimum requirements. The height waiver is justified as the proposed church will not be in close proximity to any residences and is an integral part of the architecture of the church. Landscaping – Article 12.04 The applicant is requesting a waiver to the requirement of berming in the front yard along N. Annie Glidden Road and the Beautiful Gate Drive right-of-way. The church is also requesting to allow a reduction in the quantity of shade trees and shrubs along the interior and rear yards of the parking lot and in the interior of the parking lot. The UDO requires berming (3’ height minimum) along public roadways adjacent to parking lots. The applicant is proposing landscaping along N. Annie Glidden Road that meet the UDO minimum requirements regarding shade trees and shrubs, however no berming is proposed. The parking lot will be about 80 feet away from the N. Annie Glidden Rd. right-of-way so berm would not provide effective screening as much as the shade trees and shrubs. In addition, there is no berm in front of the Northern Illinois Korean Church and the County Health Facility has a meandering berm but is a much larger Page 3 of 8 development. Trees, shrubs and a small berm is proposed along the right-of-way of the future Beautiful Gate Drive. As noted before Beautiful Gate Drive will not be constructed with the development of the church. A waiver to reduce the landscaping along the south and west property lines is also requested and justified since there is no development to the south of the site (future parking is also proposed in this area) and the nearest homes to the west are over 1,000 feet away. Landscaping in the parking lot and in front of the church building is proposed, however does not meet the minimum requirements. The church does plan to install additional landscaping in the future through memorial donations and plans to have a fully landscape church campus in the future. Minimum Street Standards – Article 9.03 and Article 12.03.6(a) The applicant is requesting a waiver for the access from N. Annie Glidden Road that is in the right-of-way of Beautiful Gate Drive to not have curb and gutter. The concept plan shows a 36-foot-wide access into the site, which would provide enough width for an entrance lane and a right turn and left turn lane. Once Beautiful Gate Drive is extended, a full street profile would be provided with curb and gutter. The waiver is justified since the proposed access will only serve the church at this time. Parking Lot Standards Article 12.03.6(a) The applicant is also requesting there be no curbing at the perimeter of the parking lot. Future parking is proposed to the south, so installing curbing along the south side of the phase 1 parking lot would not be advised. Adequate drainage will be provided for water coming off the parking lot surface. Curbs are proposed around the four landscape islands in the interior of the parking lot as shown on the Concept Plan and Landscape Plan. It should be noted that curbing is not provided around the parking lot at the Northern Illinois Korean Church or at New Hope Missionary Baptist Church. III. STANDARDS FOR ZONING MAP AMENDMENT 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. The 2005 Comprehensive Plan recommends Single-Family Residential for the subject site. A church is a special use in the SFR1 District. The proposed plan meets the intent of the Comprehensive Plan and there are two other churches in the immediate area. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. Page 4 of 8 The rezoning of the subject property to PD-R provides the opportunity to more directly shape the development, use and appearance of this property in accordance with the City’s Comprehensive Plan. The Planned Development allows the developer and the City the flexibility to agree to a site plan and standards that meets the needs of the site. The proposed rezoning request and development are in compliance with the Unified Development Ordinance, except for the waivers noted in the staff report. The proposal also meets the General Standard requirements for a Planned Development as described in Article 5.13.07 of the UDO. 3. The proposed rezoning will not have a significantly detrimental effect on the long-range development of adjacent properties or adjacent land uses. The proposed rezoning will not have a detrimental effect on the adjacent properties or land uses as it entitles the subject property to a use of the property that is complementary with the adjacent area. There are two other churches in the immediate area. The Northern Illinois Korean Church is located along the east side of N. Annie Glidden Road just south of the site and New Hope Missionary Baptist Church is located just south of the subject property along Twombly Road. The dedication of right-of-way for the future extension of Beautiful Gate Drive will allow adjacent properties to develop. 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 intended land uses. The subject property is currently zoned “A1” Agricultural in DeKalb County and PD-R in the City of DeKalb. Expanding the entire property to “PD-R” zoning will allow for a well- designed project and the flexibility to develop the property in a manner that will complement the surrounding area and meet the needs of the church. 5. Adequate public facilities and services exist or can be provided. Adequate public services will be provided to the subject property. Sanitary sewer will be extended from the Eden’s Garden development and water will be connected from an existing main along N. Annie Glidden Road. Stormwater detention will be provided on the site per the City’s regulations. Finally, the subject property lies within adequate service areas for other City services, such as police and fire protection. IV. PUBLIC INPUT The City received a Citizen Response Form from James and Kathy Maciorowski of 1377 Omega Circle Drive indicating they do not support the proposal. There was no reasoning or comments provided with the form from the Maciorowski’s. We also received an e-mail from Bertrand Simpson of 2570 Soros Ct. mentioning a concern if Beautiful Gate Drive was extended with the proposal. City staff responded to the e-mail indicating that Beautiful Gate Drive would not be extended with the development of the church. We also received a letter from Karen and Sam Baker of 1230 Omega Circle Drive and from the Eden’s Page 5 of 8 Garden management company indicating a concern about stormwater drainage from the church site. At the public hearing on July 6, 2020 an e-mail from Jacki and Matt Suwanski of 1229 Omega Circle Drive was provided to the Commission. The correspondence noted no objection to the church, however they wanted to ensure adequate stormwater detention would be provided. The Suwanski correspondence also noted a concern about the condition of Twombly Road, which will be improved in 2021 with the addition of a sidewalk. Since the hearing on July 6, we received a Citizen Response Form from Bradley Fisher of 1225 Omega Circle Drive. Mr. Fisher objects to the proposal citing concerns on drainage and traffic along Twombly Road. At the public hearing on July 6, the Commission heard testimony from Jim Neff of 1245 Omega Circle Dr. Mr. Neff noted a concern about drainage and the extension of Beautiful Gate Drive. Mr. Sam Baker of 1230 Omega Circle Dr. stated concerns about flooding in the rear yards of homes along the east side of Omega Circle Dr. and wanted the drainage problems in the area addressed prior to approval of the church. Bertrand Simpson of 2570 Soros Ct. was glad Beautiful Gate Dr. will not be extended and noted the water issues were important. V. CONCLUSIONS AND RECOMMENDATION At the public hearing on July 6, 2020 the Commission heard concerns from residents of Eden’s Garden Subdivision regarding drainage in their subdivision and the impact from the development of the church site. Since that time the City Engineering has reviewed the drainage documents and plans for Eden’s Garden. This past week the City’s Public Works Department conducted a field investigation in Eden’s Garden and performed work to remove silt, debris and tree branches from the storm sewer leading out of the pond south of Beautiful Gate Drive. The work has allowed a free flow of water out of the pond and as a result cleared out the back flow of water in the storm sewer behind the homes along the east side of Omega Circle Dr. This work should alleviate the ponding of water in the back yards of homes that back up to the farm field along Omega Circle Dr. A memo from our City Engineer, Zachary Gill, is provided in the Commission’s packet that summarizes the existing drainage situation in the area and noting the requirements for storm water management on the church site. With these requirements, the development of the church site will improve the overall storm water runoff of the area. Communication with Eden’s Garden resident Sam Baker and Jim Neff have occurred with updates on the storm water situation in the subdivision and the requirements for storm water management for the church site. We have also revised the recommend Development Standards to require review of the Final Development Plans by the Planning and Zoning Commission and City Council prior to any construction on the site. As part of the Final Development Plan submittal, a Stormwater Management Report will be required to be submitted and reviewed by the City Engineer to ensure compliance with the Unified Development Ordinance. Page 6 of 8 The proposed request will allow the church to construct a new facility that will accommodate their immediate and future needs. The well-designed project allows for flexibility by the applicant to develop the property in a manner that will complement the surrounding area and meet the needs of the church. The staff’s recommendation is to approve, and a sample motion has been prepared. 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-R” Planned Development – Residential and approval of an amendment to Ordinance 94-74 to allow for the construction of an approximately 7,730 sq. ft. church and accessory uses for approximately 16 acres of property located along the west side of N. Annie Glidden Road across from the DeKalb County Health Facility Campus. Approval is also recommended for a concept plan, architectural elevation, landscape plan and plat of dedication described in Exhibit A of the staff report and approval of the Planned Development Standards described in Exhibit B of the staff report. Page 7 of 8  Exhibit A Concept Plan and Plat of Dedication • Concept Plan prepared by Saavedra Gehlhausen Architects dated November 15, 2018. • Architectural Elevations prepared by Saavedra Gehlhausen Architects dated May 23, 2018. • Landscape Plan received on May 22, 2020. • Plat of Dedication for Roadway and Utility Purposes dated April 22, 2020 and prepared by W.E. Hanna Surveyors. Page 8 of 8  Exhibit B Planned Development Standards Permitted Uses: A church with accessory uses including a future storage building and pavilion. Bulk Regulations/Landscaping/Parking: Setbacks, building lines, site coverage, building dimension limitations, height restrictions, parking, landscaping and other similar restrictions and regulations shall meet those standards as set forth in the “PD-R” District of the Unified Development Ordinance, unless otherwise approved in these standards. Road Improvements: The property owners shall not have to pay for any improvements to the proposed Beautiful Gate Drive including, but not limited to, curbs, gutters, storm sewers, water mains, water services, and roadway materials unless the property is subdivided into multiple lots and developed by the property owners or its assignee, in which case the costs shall be borne by the respective property owner or assignee who is developing the property. Final Plans: Submittal of Final Development Plan for the property shall be reviewed and approved by the City staff, Planning and Zoning Commission and City Council prior to issuance of a permit for construction of the church and shall be in substantial compliance with the approved Concept Plan. As part of the Final Development Plan submittal, a Stormwater Management Report shall be submitted and reviewed by the City Engineer to ensure compliance with the Unified Development Ordinance. Waivers to the Unified Development Ordinance: The following waivers to the Unified Development Ordinance are granted: 1. Article 5.13.07(3)(e) and Article 7.02 to allow a church steeple to be at a height of 86 feet as shown on the Architectural Elevations incorporated in Exhibit A. 2. Article 9.03 and Article 12.03.6(a) to waive the requirement for the access from N. Annie Glidden Road to have curb and gutter. Page 9 of 8 3. Article 12.03.6(a) to waive the requirement for the parking lot to have perimeter curbs, except curbs shall be provided around the four landscape islands in the parking lot as shown on the Concept Plan and Landscape Plan incorporated in Exhibit A. This waiver is conditioned upon all storm water runoff being captured on the pavement surface and conveyed in an efficient and direct manner to the storm water detention area as reviewed and approved by the City Engineer. 4. Article 12.04 to waive the requirement for a berm to be located in the front yard along N. Annie Glidden Road and the right-of-way of the future Beautiful Gate Drive; allow a reduction in quantity of shade trees and shrubs along the interior and rear yards of the parking lot and in the interior of the parking lot, all as shown on Landscape Plan incorporated in Exhibit A. Page 10 of 8 DATE: July 16, 2020 TO: Dan Olson, Principal Planner FROM: Zachary Gill, City Engineer SUBJECT: Storm Water Drainage – DeKalb First United Methodist Church and Eden’s Garden (N. Annie Glidden Road) The drainage impacts of the proposed church site on the downstream facilities and neighboring parcels will not be negatively impacted with the development’s restriction to the City Ordinance constraints on storm water runoff release rates and accompanying detention requirements. The existing pond and conveyance facilities immediately downstream in Eden’s Garden are designed to accommodate such runoff pass-through and will be able to perform with continued maintenance and monitoring. The area north of Twombly Road in the region just west of Annie Glidden Road saw major development in the mid/late 1990s with the establishment of multiple phases of the Eden’s Garden Subdivision. Several hundred acres of agricultural land farmed for row crops has remained active and un-annexed just east of Eden’s Garden. The land, regardless of use was intended to continue to collect and drain to the west/southwest through the area established for Eden’s Garden. The storm water drainage facilities of Eden’s Garden were planned and constructed for such pass-through (see attached partial memo dated August 7, 1998 “RE: Final Plat/Plan Eden’s Garden Phases II and III” from the then Principal Planner to the Commission). Upon announcement of this new proposed development to the east, several residents of Eden’s Garden came forward at the July 6 public hearing to understand the drainage impacts and advise there has been flooding in the subdivision which has impacted portions of several lawns in the development. They have asked their concerns about the proposed development worsening the situation be investigated and considered. After due diligence confirmed the Eden’s Garden facilities are intended to accommodate drainage from the east, the Public Works Dept. conducted a field investigation of the current conditions and found several deficiencies for full capacity function. This impact is substantially responsible for the yard encroachment as it prevented hydraulically both the draining of the fields adjacent of the yards and the full function of the several storm drain inlets in the yards themselves. The system has been brought back to full function and on-going coordination with the Eden’s Garden HOA will provide the ability to monitor and maintain such. The proposed church development will be required to apply a restricted storm water release to the entire parcel, as well as control and direct runoff to detention and outfalls facilities connected directly to the existing downstream facilities. With these requirements, the development of the church site will improve the overall storm water runoff of the area. As it will not be commingling with the current flooding area but directed in a controlled fashion, the proposed development lowers the threat to the concerned parcels during heavy storm events. The storm water runoff regulations the proposed parcel is beholden to are established and consistent under the UDO and are not subjective. Those submitted storm water studies and engineering plans are public documents upon completion of City review and may be reviewed independently at any community member’s discretion. Page |2 EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A NORTHERN ILLINOIS KOREAN CHURCH NEW HOPE MISSIONARY BAPTIST CHURCH 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 Monday, July 6, 2020 at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by DeKalb First United Methodist Church for approval of a zoning map amendment, upon annexation, from the “SFR1” Single-Family Residential District to the “PD-R” Planned Development – Residential District for the property described below in Legal A and approval of an amendment to Ordinance 94-74 for the property described below in Legal B. The requests are for the approval of a concept plan and waivers to the Unified Development Ordinance for building height, landscaping, minimum street standards and parking lot standards to allow for the construction of an approximately 7,730 sq. ft. church and accessory uses for approximately 16 acres of property located along the west side of N. Annie Glidden Road across from the DeKalb County Health Facility Campus. The subject property contains Parcel Identification Number (PIN) 08-09-400- 018 and a portion of PIN 08-09-400-017 and is legally described below. Legal A THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, 300.00 FEET TO A POINT OF BEGINNING; THENCE CONTINUING NORTHERLY 211.08 FEET; THENCE EASTERLY AT AN ANGLE OF 90 DEGREES 02 MINUTES 11 SECONDS MEASURED COUNTERCLOCKWISE FROM SAID WEST LINE 849.87 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 175.78 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 700.00 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY 193.46 FEET ON A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET TO A POINT OF TANGENCY; THENCE EASTERLY 77.22 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTHERLY AT RIGHT ANGLE TO THE LAST DESCRIBED COURSE, 257.17 FEET; THENCE WESTERLY AT AN ANGLE OF 90 DEGREES 00 MINUTES 26 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE 1292.56 FEET TO THE POINT OF BEGINNING, ALL IN DEKALB TOWNSHIP, DEKALB COUNTY, ILLINOIS. Legal B THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, 511.08 FEET; THENCE EASTERLY AT AN ANGLE OF 90 DEGREES 02 MINUTES 11 SECONDS MEASURED COUNTERCLOCKWISE FROM SAID WEST LINE 849.87 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 175.78 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 700.00 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY 193.46 FEET ON A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET TO A POINT OF TANGENCY; THENCE EASTERLY 110.22 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTHERLY AT RIGHT ANGLE TO THE LAST DESCRIBED COURSE, ALONG SAID EAST LINE, 557.17 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE WESTERLY AT AN ANGLE OF 90 DEGREES 00 MINUTES 26 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID SOUTH LINE, 1325.71 FEET TO THE POINT OF BEGINNING, ALL IN DEKALB TOWNSHIP, DEKALB COUNTY, ILLINOIS, EXCEPT FOR THE PART OF THE PROPERTY DECRIBED IN LEGAL A. 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, 164 E. Lincoln Highway, DeKalb, Illinois, 60115 by 4:00 p.m. on Monday, July 6, 2020, by e-mail to dan.olson@cityofdekalb.com 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) 748-2070 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission From: Karen baker To: Olson, Dan Cc: Nicklas, Bill; Gill, Zac Subject: Re: FW: Zoning Response Date: Tuesday, June 30, 2020 5:20:40 PM Attachments: image001.png [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Thank you very much for your response. K On 06/30/2020 4:31 PM Olson, Dan <dan.olson@cityofdekalb.com> wrote: Karen, Thanks for your e-mail. The church will be providing their own stormwater detention pond (see attached map- red circle) that will handle the stormwater for their site. Prior to construction of the church they will be required to submit stormwater calculations showing they meet the requirements in the City’s Unified Development Ordinance. Our City Engineer will review the stormwater plan and calculations to ensure they are complying with City codes. I have cc: our City Engineer in this e-mail. A copy of your letters will be provided to the church and the Planning and Zoning Commission. If you have any other questions, please contact me. Dan Olson | Principal Planner City of DeKalb | 164 E. Lincoln Highway | DeKalb, IL 60115 Phone: 815-748-2361 Email: dan.olson@cityofdekalb.com | Website: www.cityofdekalb.com From: Karen baker Sent: Tuesday, June 30, 2020 2:54 PM To: Olson, Dan <Dan.Olson@CITYOFDEKALB.com>; Subject: Zoning Response [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear Mr. Olson, Attached please find two responses to the proposed construction of the First United Methodist Church. While neither party is opposed to the construction of the church, we have concerns regarding the planned construction, if any, of retention ponds for the church. Thank you for your consideration in advance.   Karen Baker Disclaimer: This is a transmission from the City of DeKalb that is confidential and proprietary. If you are not the intended recipient, copying or distributing the contents of this message is expressly prohibited. If you have received this message in error, please destroy it and notify the City immediately. This email is the property of the City of DeKalb and the City reserves the right to retrieve and read any message created, sent or received, including the right to monitor messages of City employees or representatives at any time, without notice. Freedom of Information Act Requests should be submitted on the City’s website at http://www.cityofdekalb.com/. Do Not Forget That The 2020 Census Is Right Around The Corner. For More Information On How You Can be Counted visit https://www.census.gov/partners/2020.html From: Olson, Dan To: Bertrand Simpson Cc: Aquanette Simpson Subject: RE: First United Methodist Church Date: Saturday, June 20, 2020 9:21:00 PM Bertrand, Thanks for the e-mail. Beautiful Gate Drive will not be extended with the development of the church. The property (right-of-way) for the road will be dedicated, but the road will not go through at this time. Future development north of the proposed church will likely require the extension of the road to Annie Glidden Road. I will provide a copy of your e-mail to the Planning and Zoning Commission and the applicant. Dan Olson Principal Planner City of DeKalb 815-748-2361 From: Bertrand Simpson < > Sent: Friday, June 19, 2020 4:16 PM To: Olson, Dan <Dan.Olson@CITYOFDEKALB.com> Cc: Aquanette Simpson < > Subject: First United Methodist Church [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Greetings. Our home is near to the proposed new church. Our only concern, at this point, has to do with whether or not this development will include, or lead to, Beautiful Gate Dr. opening up the thru traffic? As you may be aware, the long standing nature of the quiet enjoyment of our neighborhood, will suffer, if we are subjected to such traffic. We look forward to your response. Thank you. From: Olson, Dan To: Jackie Suwanski Cc: Nicklas, Bill; Gill, Zachary; Walker, Aaron Subject: RE: Planning & zoning-Annie Glidden church Date: Monday, July 06, 2020 10:40:00 AM Attachments: 05021.04 - FUMC DEKALB_SITE PLAN 11-19-18 - Stormwater Detention.jpg image001.png Jackie and Matt, Thanks for your e-mail. The church will be providing their own stormwater detention pond (see attached map- red circle) that will handle the stormwater for their site. Prior to construction of the church they will be required to submit stormwater calculations showing they meet the requirements in the City’s Unified Development Ordinance. Our City Engineer will review the stormwater plan and calculations to ensure they are complying with City codes. I have cc: our City Engineer, Zac Gill, in this e-mail. Twombly Road will be reconstructed next year with a new sidewalk added along the north side of the road connecting to the existing walk in Eden’s Garden. The DeKalb County Highway Department is in charge of the project and they are focusing on the design and utility work this fall. Traffic from the church should have very little impact on Twombly Road, as all traffic will use N. Annie Glidden Road for access. A copy of your e-mail will be provided to the petitioner and the Planning and Zoning Commission. If you have any other questions, please contact me. Dan Olson | Principal Planner City of DeKalb | 164 E. Lincoln Highway | DeKalb, IL 60115 Phone: 815-748-2361 Email: dan.olson@cityofdekalb.com | Website: www.cityofdekalb.com From: Jackie Suwanski Sent: Sunday, July 05, 2020 8:19 PM To: Olson, Dan <Dan.Olson@CITYOFDEKALB.com> Subject: Planning & zoning-Annie Glidden church [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good afternoon, While I don’t object to the building of the church I do have other major concerns. We bought this home with the intention that it will be a permanent home for our family of 6. Adding this church brings me major concerns of flooding. I feel that it is absolutely necessary to add a retention pond to the plans to protect the homes of the current residents. The way the grading is set up will for sure cause more flooding than we already experience. I also worry about the safety of Twombly Road. This road is already an extremely rough ride, one which my family already has to avoid due to excessive back conditions. The added traffic is sure to cause even more wear and tear on this road, so I feel that for the safety of all drivers, it needs to be repaired prior to adding additional traffic flow.    As long term residents of Dekalb, we thank you for taking the time to review and consider our concerns. Jackie & Matt Suwanski 1229 Omega Circle Dr -sent from my iPhone, so I apologize for any errors-  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT July 16, 2020 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Fence Variance – 904 S. 4th St. (Ricky Brown) I. GENERAL INFORMATION A. Purpose Establishment of storage for landscape business behind a six (6) foot high privacy fence B. Location/Size 904 S. 4th St./ .8 acres C. Petitioner Ricky Brown D. Existing Zoning “LC” Light Commercial District E. Existing Land Use Former Car Wash/Outside Storage F. Surrounding Zoning and Land Use North: “GC” and “SFR2”; Various Commercial Uses and Single-Family Residential South: “LC” and “GC”; Various Commercial Uses East: “SFR2”; Single-Family Residential West: “LC”; School District Admin. Office, Day Care Center G. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The petitioner is requesting a variance to Articles 7.06.3 and 7.06.6. of the Unified Development Ordinance (UDO) to allow a six (6) foot high privacy fence to encroach into the front building line along Culver Street for the property located at 904 S. 4th St. The subject site is located at the southeast corner of S. 4th St. and Culver St. and is zoned “LC” Light Commercial District. The site formerly contained a car wash, which is no longer in use. The applicant did apply for a fence permit, however the fence was installed prior to the issuance of the permit. A six (6) foot high wood fence was installed along the east and south property lines and up to the building along S. 4th St. On the north side of the site the fence was constructed 20 feet north of the building along Culver St. and 11 feet from the property line (right-of-way). The installed fence does not comply with the regulations of the UDO in relation to the location of the fence along Culver Street. Along a public street, the UDO requires that a privacy fence over three (3) feet in height be no closer to the street than the front building line established by the principal structure on the site. The principal structure on the site is 31 feet away from the property line (right-of-way) along Culver St. A privacy fence three (3) feet or less in height may be located in the front yard up to the property line. The fence was installed along the existing edge of the former driveway pavement of the car wash and 11 feet away from the property line thus encroaching 20 feet into the required setback. The petitioner installed the fence along the edge of the pavement so there would be more useful hard surfaced storage area. The applicant has also indicated the reason for the fence was to avoid people from driving through the site and to provide more privacy. The installation of the fence was also intended to improve the appearance of the property. The petitioner has leased the storage area behind the fence to a landscape business for storage purposes. The use is permitted in the “LC” Light Commercial District; however staff is recommending a condition be added, if the variance is approved, that would prohibit the storage of any loose landscape materials (e.g. sand, soil, rocks, mulch) directly on the ground. The reason for setbacks for privacy fences over three (3) feet is based partly on aesthetics and to also ensure adjoining properties are not blocked from view along the street. The home directly east of the site along Culver St. (901 S. 5th St.) is located about 3-4 feet from the property line (right-of-way). The next home to the east at 906 S. 5th St. is about 4 feet from the right-of-way. An aerial exhibit was included in the Commission’s packet showing the area along the south side of Culver St. from S. 4th St. to S. 7th St. As one can see there are several structures (e.g. homes, garages) that are closer to Culver St. than the fence on the subject site. The location of the fence along Culver St. will not block the views of any homes or visibly block any access. Page |2 III. FINDINGS OF FACT FOR VARIATIONS The request has been reviewed using the criteria regarding variances stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. Constructing the fence at the required location along Culver St. would limit the amount of secured storage area. The home directly east of the site along Culver St. (901 S. 5th St.) is located about 3-4 feet from the property line (right-of-way). In addition, other structures (e.g. homes and garages) to the east along the south side of Culver St. are closer to street than the fence on the subject site. The location of the fence along Culver St. will not block the views of any homes or block any access points. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The petitioner purchased the property in 2019. The applicant did construct the fence without a permit, however the location of the fence will not detrimental to the surrounding area. The fence was installed along the existing edge of the former driveway pavement of a car wash that was constructed in 1992. The petitioner installed the fence along the edge of the pavement so there would be more useful hard surfaced storage area. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The petitioner installed the fence along the edge of the existing driveway pavement so there would be more useful hard surfaced storage area. The applicant has indicated the reason for the fence was to avoid people from driving through the site and to provide more privacy. The installation of the fence was also intended to improve the appearance of the property. The location of the fence along Culver St. will not block the views of any homes or visibly block any access. 4. The denial of the proposed variance will deprive the applicant of the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. The home directly east of the site along Culver St. (901 S. 5th St.) is located approximately 3-4 feet away from the property line (right-of-way). The next home to the east at 906 S. 5th St. is about 4 feet from the right-of-way of Culver St. The location of the fence along Culver St. will not block the views of any homes or block any access. In addition, there are other commercial uses along S. 4th St. that have full use of their lots for storage purposes, including vehicle repair related uses. 5. The proposed variance will result in a structure that is appropriate to and Page |3 compatible with the character and scale of structures in the area in which the variance is being requested. The fence is proposed to be constructed along Culver St. at the edge of pavement for a former car wash, still leaving 11 feet of green space between the fence and sidewalk. The home to the east of the site along Culver St. (901 S. 5th St.) is about 3-4 feet from the right-away. The home at 906 S. 5th St. is about 4 feet from the right-of-way. The location of the fence along Culver St. will not block the views of any homes or block the visibility for any driveway access. There are several structures (e.g. homes, garages) to the east of the site that are closer to Culver St. than the fence on the subject property. The property owners of two single-family homes and a commercial building to the north of the site have submitted letters in support of the variance. 6. The proposed variation will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. The portion of the fence requiring the variance is along Culver St. and will not impair an adequate supply of light and air to adjacent properties. The location of the fence along Culver St. will not block the views of any homes or block the visibility of any access. There are several structures (e.g. homes, garages) to the east of the site that are closer to Culver St. than the fence on the subject property. In addition, the fence will require a permit and an inspection to ensure it meets the City’s UDO and Building Code requirements. IV. PUBLIC INPUT The City received a Public Comment Submission Form from Noelle Jacobson of 424 Culver St. (directly north of site) indicating support of the proposal. The City also received an e-mail from Rich Kakkuri of 418 Culver St. (directly north of site) which included some questions about the request and mentioned support for the variance. Finally, a Citizen Response Form was received from Brian Scholle who owns the property at 850 S. 4th St. (State Farm, Maisy’s Video Gaming). Mr. Scholle noted support of the proposal but wanted to know the intended business use on the property. City staff contacted Mr. Scholle and advised a landscaping business would be using the fenced in area for storage purposes. V. RECOMMENDATION Per the UDO, decisions to approve or deny variances lie solely with the Planning and Zoning Commission. In the granting of variances, the Commission may impose such reasonable conditions that will ensure the use of property will be as compatible as practical with the surrounding properties. Page |4 Sample Variation Motion: Based on the submitted petition, testimony presented and findings of fact, I move that the Planning and Zoning Commission approve a variance to Articles 7.06.3 and 7.06.6. of the Unified Development Ordinance to allow a six (6) foot high privacy fence to encroach into the front building line along Culver Street for the property located at 904 S. 4th St. as shown on the site plan dated 7-9-20 and labeled as Exhibit A and subject to the following: 1. The storage of all equipment, vehicles and landscape materials related to the business on site must be stored behind the six (6) foot high privacy fence as shown on Exhibit A. The storage of any loose landscape materials (e.g. sand, soil, rocks, mulch) directly on the ground is prohibited. Page |5 From: noreply@civicplus.com To: Olson, Dan; Walker, Aaron Subject: Online Form Submittal: Online Public Comment Submission Form Date: Sunday, July 05, 2020 4:20:19 AM [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Online Public Comment Submission Form 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 Planning & Zoning Commission Meeting Date 7/20/2020 First Name Noelle Last Name Jacobson Email Address Address 424 CULVER ST City DEKALB State Illinois Zip Code 60115 Agenda Item Variance to articles 7.06.3 & 7.06.6 Comments to be I support the proposal Submitted Attachments Field not completed. Email not displaying correctly? View it in your browser. From: Olson, Dan To: Rich Kakkuri Cc: Nicklas, Bill Subject: RE: 07/20 Zoning and Planning Meeting Date: Monday, July 06, 2020 2:41:00 PM Attachments: image001.png Rich, Thanks for your e-mail. Responses to your questions are below. A copy will be provided to the petitioner and the Planning and Zoning Commission. Dan Olson | Principal Planner City of DeKalb | 164 E. Lincoln Highway | DeKalb, IL 60115 Phone: 815-748-2361 Email: dan.olson@cityofdekalb.com | Website: www.cityofdekalb.com From: Rich Kakkuri Sent: Monday, July 06, 2020 9:21 AM To: Olson, Dan <Dan.Olson@CITYOFDEKALB.com> Subject: 07/20 Zoning and Planning Meeting [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good Morning Dan! We live at 418 Culver Street and received the letter about the meeting to approve a variance to articles 7.06.3 and 7.06.6 regarding the fence build across the street from our house. Some questions: 1) Why take the time at the meeting to amend the articles to allow the build when the build has already been done? (Easier to ask forgiveness than permission?) The petitioner applied for a fence permit, however the permit was not issued. The fence encroaches in the front building line along Culver St. The construction of the fence without a permit does not grant an automatic variance. 2) Was there a permit issued for the fence to be built? No If so, wouldn't the need to get approval for the variance to the ordinance have been noted then? If not, why not? 3) What would happen if we gathered enough support opposed to a fence being built even though it is already in place? (Not going to happen) If the variance is not granted by the Planning and Zoning Commission, the owner will have to modify the fence location so it complies with the UDO. 4) Are there any other changes that are going to happen on that property that might need a change to the articles of the Unified Development Ordinance? None at this time. Aside from these questions, we love the fence and so do the neighbors! It looks great and it is awesome to have someone at that property that will take care of it. The workers coming in and out of the property are friendly and have always said hello or waived when we have been outside. The grass is always cut, there is not garbage blowing all over the place and best of all no-one is trying to play their music louder than the noise of the vacuums at all hours of the day. A win for the neighborhood! Welcome to the neighborhood Mr. Brown! Thank you for your time, Rich Kakkuri