Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA September 8, 2020 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, Illinois 60115 PLANNING AND ZONING COMMISSION MEETING COVID-19 Notice: This meeting will be conducted in-person with a physically present quorum and open to the public. The corporate authorities of the City of DeKalb intend to conduct this meeting in compliance with all applicable social distancing and public health requirements. All persons attending this meeting in-person shall be required to wear protective face masks/coverings. Furthermore, the corporate authorities of the City of DeKalb intend to conduct this meeting pursuant to Illinois Governor JB Pritzker’s Executive Order 2020-43 dated June 26, 2020 (the “Executive Order”), which prohibits gatherings of more than 50 people, unless the City of DeKalb determines that it is necessary to invoke the Governmental Functions exemption contained in Section 4(c) of the Executive Order “to ensure the operation of government agencies or to provide for or support the health, safety and welfare of the public.” As a convenience to the public, the City of DeKalb may also provide video, audio, telephonic or internet access for the public to monitor this meeting. The provision of any such remote means of access is not intended to provide for attendance by a means other than physical presence due to the COVID-19 public health emergency, nor is it intended to provide an opportunity for the public to address public officials, make public comment or otherwise participate in the meeting. Persons wishing to provide public comment or otherwise address public officials in person during this meeting must comply with all applicable rules governing the conduct of this meeting including, but not limited to, the aforementioned social distancing and face covering requirements. The City of DeKalb is providing the following conveniences for the public to monitor and participate in this meeting:  Persons wishing to view the meeting from home or elsewhere can tune in to Channel 14 or by following the link provided here.  Persons wishing to provide public comment but are unable to attend the meeting in person or remotely may forward their comments by clicking on the link provided here. Note that all submissions must be received no later than 12:00 p.m. on the day of the meeting in order to ensure dissemination to the Planning and Zoning Commission before the meeting convenes. Assistive services, including hearing assistance devices, available upon request Planning and Zoning Commission Agenda September 8, 2020 Page 2 of 2 A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. July 20, 2020 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Kelly and Natalia Diehl for approval of a zoning map amendment from the “TFR” Two-Family Residential District to the “LC” Light Commercial District for the property located at 822 E. Lincoln Highway. 2. Final Plat of Resubdivision – A petition by Stephen Goldman for approval of the resubdivision of lots 49 and 50 in the Bridges of Rivermist Unit Two Subdivision located along Quinlan Ave (Final Plat of Goldman Resubdivision). F. REPORTS G. ADJOURNMENT Planning and Zoning Commission July 20, 2020 Page 1 of 6 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION July 20, 2020 The Planning and Zoning Commission held a Meeting on July 20, 2020, at the DeKalb Public Library in the Yusunas Meeting Room, 309 Oak St, DeKalb, Illinois. Chair Max Maxwell called the meeting to order at 6:00 PM. Chair Maxwell stated he wanted to thank everyone for being here tonight. He 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: Chair Max Maxwell, Vice Chair Christina Doe (via audio), Ron Klein, Jerry Wright, Steve Becker, and Trixy O’Flaherty. Principal Planner Dan Olson and City Engineer Zac Gill were present representing the City. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the July 20, 2020, agenda as presented. Mr. Klein motioned to approve the agenda as presented. Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. July 6, 2020 – Chair Maxwell requested a motion to approve the July 6, 2020, minutes as presented. Mr. Wright motioned to approve the minutes as presented. Mr. Becker 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 (Continued) – A petition continued from July 6, 2020, 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 Planning and Zoning Commission July 20, 2020 Page 2 of 6 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. Principal Planner Dan Olson went through the July 16, 2020 updated staff report. He noted at the July 6 hearing, the City had received several correspondences and testimony from residents of Eden’s Garden stating their concerns with current stormwater issues in their development and the impact of the church on drainage in the area. He advised City Engineer Zac Gill has since reviewed the comments, site conditions, past ordinances, and plans. He stated the Public Works Department also conducted a field investigation in Eden’s Garden. Mr. Olson displayed images from Eden’s Garden and the surrounding area showing the flooding on the western side of the church property and areas to the north. Mr. Olson advised Public Works cleared out storm drains in the area to allow runoff to properly flow into the detention ponds in Eden’s Garden. City Engineer Zac Gill advised the City looked at the historical development of Eden’s Gardens, specifically Phase II, which included the construction of the detention ponds. He advised the detention pond and conveyance pipeline were designed to accommodate the full stormwater runoff from the parcels just east of Eden’s Garden. This also included the subject property and the property just north of the church site. Mr. Gill stated the outlet pipes for the detention pond just south of Beautiful Gate Drive in Eden’s Garden were blocked with debris. He advised the City has already taken measures to clear out the pipes and mentioned the detention pond has already receded two to three feet. Mr. Gill noted there is a 12-inch pipe on the eastern portion of Eden’s Garden that provides an inlet for the backyards of the properties on Omega Circle Drive, as well as inlets for the surrounding farm tiles. He advised this 12-inch pipe was hydraulically clogged due to the elevation of the pond being at such a high level. He noted the clearing of the outlet pipes corrected this issue. Mr. Gill advised with collaboration from the Eden’s Garden Homeowner’s Association and continued maintenance of the pipping, flooding of the properties at the western end of the subject property (church site and areas north) can be prevented. Mr. Gill noted the proposed church will be adding to the stormwater runoff to the west and advised if any of the farmland is converted to greenspace, it is still considered developed. He advised developed property that is subject to the stormwater regulations is not isolated to only structures or parking lots. He stated the developed land will be studied for stormwater impacts and runoff and reports will be sent to his office for review. He advised Article 11.02.06 of the Unified Development Ordinance governs the requirements of new Planning and Zoning Commission July 20, 2020 Page 3 of 6 developments and stormwater impacts. He stated there are very strict standards that all developments have to follow. He advised all runoff and stormwater will be contained within the detention ponds and will not be allowed to flow onto neighboring properties. Mr. Olson mentioned Steve Storey, Jeff Linkenheld, and Vice Chair Doe were participating via video conference. He noted Steve Storey is the current landowner of the subject property and Jeff Linkenheld is the engineer for DeKalb First United Methodist Church. Mr. Olson advised City staff has been in contact with the residents who attended the last Commission meeting and included Sam Baker and Jim Neff. He noted City staff have kept them up to date on actions taken by the City Engineer and Public Works. Mr. Olson stated changes were made to the recommended development standards that were provided with the original motion to approve, which required the petitioner to provide final engineering plans prior to any construction on the subject site. He advised the engineering plans will include stormwater calculations demonstrating it meets all storm water requirements of the UDO. He noted the change was to now require the final development and engineering plans to come before the Planning and Zoning Commission and the City Council instead of just approved by City staff. Chair Maxwell gave the public an opportunity to speak. Sam Baker, of 1230 Omega Circle Drive, advised he has been in contact with City staff regarding solutions to the drainage issue along Omega Circle Drive. He pointed out the clearing of the outlet pipes has already helped with the drainage issues. He noted Mr. Storey will also be installing larger piping to help with drainage on the subject site. Mr. Baker said he hopes the City will continue to work on the site in the future and keep the outlets clear. Brad Fisher, of 1225 Omega Circle Dr, inquired if there will be a set inspection schedule for the outlet pipes. He stated flooding is a constant issue and hopes the City will continue to maintain and inspect the piping. Mr. Gill clarified the detention ponds are not owned, maintained, or operated by the City on a day to day basis. He noted the drainage district (Normal #13) and the City of DeKalb have easements to allow for access to the ponds to address major issues that require large equipment or removal of debris. He said, however, the day to day maintenance is up to the Homeowner’s Association of Eden’s Garden. He advised the City had discussions with the Homeowner’s Association and came up with a plan to keep debris away from Planning and Zoning Commission July 20, 2020 Page 4 of 6 the outlets. He mentioned the City will respond if there is an issue, but it is a shared responsibility. Chair Maxwell gave the Commission an opportunity to speak. Mrs. O’Flaherty advised all her concerns have been addressed. She noted the residents seemed satisfied. Mr. Wright said he was satisfied with the actions taken by the City and residents. Mr. Becker liked that fact the final development plan would be coming back to the Commission in the future for review. Mr. Maxwell thanked City staff for investigating and taking action to correct the issues. Mr. Becker 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 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. Mr. Wright seconded the motion. A roll call vote was taken. Mr. Klein – Yes, Mrs. O’Flaherty – Yes, Mr. Wright – Yes, Mr. Becker – Yes, Vice Chair Doe – Yes, Chair Maxwell – Yes. Motion passed 6-0-0. 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. Mr. Olson went through the staff report dated July 16, 2020 and advised the proposed fence has already been constructed. He noted the subject property was a former car wash. He stated the owners of the property, Ricky Brown and Brian Sipes, were present to answer any questions. He advised a fence permit Planning and Zoning Commission July 20, 2020 Page 5 of 6 was applied for by Ricky Brown, but the installation was completed before the permit was approved. He noted there was an issue with the setback along Culver Street and a variance has been requested. Mr. Olson said the UDO requires a six-foot-high privacy fence constructed on a corner lot must be built along the front building line. He noted the constructed fence extends approximately 20 feet into the front building line along Culver St. and it is setback 11 feet from the sidewalk. He stated the petitioner extended the fence past the building line to allow for more outdoor storage. He noted a landscaping business currently leases the subject site. Mr. Olson advised setback requirements are established to prevent any visibility issues and to protect the sight lines of adjacent properties. He stated the constructed fence is further setback than many of the homes on Culver Street to the east and does not cause any visibility issues. He noted the fence meets all the visibility requirements of the adjacent alley to the east as well. Mr. Olson explained the constructed fence meets all the criteria for the Findings of Fact for Variations found in the UDO. He noted the fence does not hinder visibility, it matches the aesthetics of the neighborhood and does not have a negative impact on the neighborhood or adjacent properties. Mr. Olson advised email response forms were received by Noelle Jacobson of 424 Culver Street and Rich Kakkuri of 418 Culver Street, both stating their support for the fence. He added Mr. Brian Scholle, the owner of building to the north containing Maisy’s Video Gaming, was also in support of the fence. Mr. Olson stated a condition was added to the variance approval stating the storage of any loose landscaping material directly on the ground is prohibited and all vehicles, equipment, and landscaping materials related to the business must be stored behind the six (6) foot high privacy fence. Mr. Sipes pointed out the fence was not only for storage, but also to prevent vehicle traffic from cutting through their lot. He noted the fence also follows the edge of the existing paved area along Culver Street. Chair Maxwell gave the public an opportunity to speak. There was none. Chair Maxwell gave the Commission an opportunity to speak. Mr. Klein stated he visited the property and stated the fence was constructed well and fit into the neighborhood. He noted he was in support of the fence. Planning and Zoning Commission July 20, 2020 Page 6 of 6 Mr. Maxwell questioned if the fence was constructed early because the permit approval process took too long. Mr. Sipes said the approval process took over two months and the construction couldn’t be rescheduled. Mrs. O’Flaherty moved that the Planning and Zoning Commission approve a variance to Articles 7.06.03 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 as shown on the site plan dated 7-9-20 and labeled as Exhibit A to the staff report 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. Mr. Klein seconded the motion. A roll call vote was taken. Mr. Klein – Yes, Ms. O’Flaherty – Yes, Mr. Wright – Yes, Mr. Becker – Yes, Vice Chair Doe – Yes, Chair Maxwell – Yes. Motion was passed 6-0-0. F. REPORTS Mr. Olson advised the next scheduled meeting is August 3, 2020 however, no public hearings have been set. He stated the Raising Cane’s along Sycamore Road has started construction with plans to open by the end of the year. He said construction has also begun on Isaac Suites located at Oakland Drive and Sycamore Road, as well as Agora Tower located on N. 4th Street. Mr. Olson stated the Mayor has spoken to a few candidates to replace Vicki Buckley as a Commission member and someone should be appointed shortly. G. ADJOURNMENT Mr. Klein motioned to adjourn, Vice Chair Doe seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:34 PM.  STAFF REPORT September 3, 2020 TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Rezoning of 822 E. Lincoln Highway from the “TFR” Two-Family Residential District to the “LC” Light Commercial District (Kelly and Natalia Diehl) I. GENERAL INFORMATION A. Purpose Zoning Map Amendment from the “TFR” District to the “LC” District in order to establish a parking area in association with a proposed coffee shop at 830 E. Lincoln Highway. B. Owner/Applicant Kelly and Natalia Diehl C. Location and Size 822 E. Lincoln Highway/.18 acres D. Existing Zoning and Land Use “TFR” Two Family Residential; vacant lot E. Surrounding Zoning and Land Use North: GC and LI; Residential, various commercial uses South: SFR2, TFR; Single-family residential and two-family residential East: LC and TFR; Vacant commercial building and two-family residential West: TFR; Two-family residential F. Comprehensive Plan Designation Medium Density Residential II. BACKGROUND AND ANALYSIS Request/Background The City has received a rezoning petition from Kelly and Natalia Diehl to rezone the property at 822 E. Lincoln Highway from the “TFR” Two-Family Residential District to the “LC” Light Commercial District. The 8,260 sq. ft. lot is currently vacant. In 2017 the City condemned the property, which had a two-story home on it that fell into disrepair. In 2018 the City took title to the property and in October 2019 the City had the former structure on the site demolished. The City then sold the property to Kelly and Natalia Diehl in November 2019. The Diehl’s also own the property to the east at 830 E. Lincoln Highway, which has a commercial building on it which previously contained a beauty salon. The applicant plans to establish a coffee shop inside the building at 830 E. Lincoln Highway. The lot at 830 E. Lincoln Highway is only .12 acres and has limited area for adequate parking. The vacant lot at 822 E. Lincoln Highway will be able to provide the necessary parking to accommodate the proposed coffee shop. The subject site needs to be rezoned to the “LC” Light Commercial District to allow the commercial parking lot. A preliminary layout has been developed for the parking area on the vacant lot at 822 E. Lincoln Highway. Approximately 10 parking spaces can be provided on the site with access coming off E. Lincoln Highway and vehicles exiting through the alley to the south. A total of seven parking spaces are required for the coffee shop based upon the formula of one space for every three seats (15 seats) plus one spaces for every employee on the maximum shift (2). The applicant will be required to submit a permit application and more detailed plans to the City in order to construct the parking lot. At that time a more in-depth review will occur to ensure the proposed parking area meets the UDO requirements. A handicap parking space will be added just to the east of the building at 830 E. Lincoln Highway. Approval of the rezoning will allow the subject property to contain a parking lot that will serve a small commercial parcel to the east of the site. The development of the vacant lot into a parking area for an adjacent business will be a benefit to the E. Lincoln Highway Corridor. The proposed rezoning of the subject site to the “LC” Light Commercial District is consistent with the zoning in the surrounding area which includes “LC”, “GC” and “LI” zoning. In addition, the proposed parking lot will be screened from view from the residences to the west and east by a six-foot-high sight-proof fence with landscaping. Please note the Commission’s recommendation does not include approval of a specific parking lot plan. III. STANDARDS FOR A 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 Page 2 of 4 been vacant, as originally zoned, and taking into account the surrounding areas trend in development. The 2005 Comprehensive Plan recommends the subject site for Medium Density Residential, however the former residential structure on the site was demolished in 2019. The site to the east at 830 E. Lincoln Highway is zoned “LC” Light Commercial District and contains a commercial building but the lot is not large enough to accommodate adequate parking for a business. The proposed use of the subject site for a parking lot that will serve the commercial property to the east is consistent with the Comprehensive Plan and the surrounding area. The proposed parking lot will be screened from view from the residences to the west and east. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The rezoning of the subject property to the “LC” Light Commercial District is requested in order to accommodate a parking area that will serve a commercial business directly to the east of the subject site. The proposal will meet all the regulations of the UDO for the “LC” District. 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 allows the subject property to accommodate a parking lot that will serve a small commercial parcel to the east of the site. In addition, there is “LC”, “GC” General Commercial and “LI” Light Industrial zoning directly across E. Lincoln Highway. The parking lot will be required to be screened by a six-foot-high sight-proof fence along the west and east sides of the lot since there is adjacent residential uses. In addition, landscaping will be required around the perimeter of the 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 intended land uses. The subject property is currently zoned “TFR” Two-Family Residential District. Rezoning the property to the “LC” Light Commercial District and the construction of a parking area will allow a business to locate in the adjacent commercial building at 830 E. Lincoln Highway. 5. Adequate public facilities and services exist or can be provided. The site will accommodate parking spaces for an associated business located directly to the east of the site at 830 E. Lincoln Highway. There is a total of 11 parking spaces that will be provided on the site and the lot to the east with seven parking spaces required. Other public services are already provided to the subject property. Page 3 of 4 IV. PUBLIC INPUT As of September 3, 2020, there has been no comments submitted to the City from the public regarding the proposal. V. RECOMMENDATION 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 from the “TFR” Two-Family Residential District to the “LC” Light Commercial District on the subject site located at 822 E. Lincoln Highway. Page 4 of 4 830 E. Lincoln Highway 822 E. Lincoln Hwy. VIEW FROM ALLEY VIEW FROM ALLEY VIEW FROM E. LINCOLN HWY. VIEW FROM E. LINCOLN HWY. 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 Tuesday, September 8, 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 Kelly and Natalia Diehl for approval of a zoning map amendment from the “TFR” Two-Family Residential District to the “LC” Light Commercial District for the property located at 822 E. Lincoln Highway. The intent is to establish a parking area in association with a proposed business at 830 E. Lincoln Highway. The subject property has a Parcel Identification Number (PIN) of 08- 23-336-006. 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 e-mail to dan.olson@cityofdekalb.com or the Online Public Comment Submission Form at https://www.cityofdekalb.com/FormCenter by 5:00 p.m. on the Friday prior to the hearing. 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  STAFF REPORT September 3, 2020 TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Final Plat of Goldman Resubdivision - Resubdivide two lots into one lot along Quinlan Ave. in the Bridges of Rivermist Unit Two Subdivision (Stephen Goldman) I. GENERAL INFORMATION A. Purpose Resubdivide Lots 49 and 50 in the Bridges of Rivermist, Unit 2, to allow for construction of a single-family home B. Owner/Applicant Stephen Goldman C. Location and Size Lots 49 and 50 in the Bridges of Rivermist, Unit 2, 177 and 185 Quinlan Ave/.7 acres II. BACKGROUND AND ANALYSIS The applicant, Stephan Goldman, is requesting to resubdivide lots 49 and 50 in the Bridges of Rivermist, Unit Two Subdivision from two lots into one lot. The addresses of the lots are 177 and 185 Quinlan Ave. Both lots are vacant and the applicant proposes to construct a single-family home on the combined lots. Lot 49 is 15,223 sq. ft. and Lot 50 is 15,258 sq. ft. The new lot will be 30,481 sq. ft. or .7 acres. There is a 5-foot utility easement on the east side of Lot 49 and a 5-foot utility easement on the west side of Lot 50. Both easements will be vacated with the approval of the plat. There are no utilities in easements and the applicant has obtained release letters from all the utility companies that have rights to access the easement. The plat has been reviewed by City staff and all comments have been adequately addressed. The applicant has provided a layout of the home on the lot along with the architectural elevations. The Commission’s review only pertains to the Plat, not any layout of the home on the site. III. RECOMMENDATION Sample Motion: I move that the Planning and Zoning Commission recommend approval of the Final Plat of the Goldman Resubdivision dated September 1, 2020 prepared by Hanna Surveyors as shown on Exhibit A. Page 2 of 3 EXHIBIT A