Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA November 2, 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 2020-56 dated October 2, 2020 (the “Executive Order”), which prohibits gatherings of more than 25 people, unless the City of DeKalb determines that it is necessary to invoke the Governmental Functions exemption contained in Section 4(c) of Executive Order 2020-43 “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.  Zoom Meeting Information Join Zoom Meeting https://us02web.zoom.us/j/83532457176?pwd=M3VzRUw5VmdwWG0xVXVLWHh4WHYxUT09 Meeting ID: 835 3245 7176 Passcode: 891769 One tap mobile: +13126266799,,83532457176#,,,,,,0#,,891769# US (Chicago)  For those participating via Zoom and wishing to comment during the public hearing portion of the meeting, please click on the link provided here and add in the Comment Section that you wish to address the Commission verbally. Note that all submissions must be received no later than 12:00 p.m. on the day of the meeting in order to ensure your name is added to the list of remote speakers. Assistive services, including hearing assistance devices, available upon request Planning and Zoning Commission Agenda November 2, 2020 Page 2 of 2 A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. October 19, 2020 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Randi Hoffstead for a special use permit to establish a video gaming establishment (CJ’s Gaming) at 2022 Sycamore Road. F. REPORTS G. ADJOURNMENT Planning and Zoning Commission October 19, 2020 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION October 19, 2020 The Planning and Zoning Commission held a meeting on October 19, 2020, at the City of DeKalb Police Station in Training Room #203, 700 W Lincoln Highway, 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, Ron Klein, Bill McMahon, Steve Becker, Trixy O’Flaherty, and Jerry Wright. Vice Chair Christina Doe was absent. Principal Planner Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the October 19, 2020, agenda as presented. Mr. McMahon motioned to approve the agenda as presented. Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. October 5, 2020 – Chair Maxwell requested a motion to approve the October 5, 2020, minutes as presented. Mr. Becker 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 Roger and Cary Nelsen for approval of a variance to Article 7.04.4(a) of the Unified Development Ordinance (UDO) to allow an addition onto a detached garage to encroach 7 feet into the required Planning and Zoning Commission October 19, 2020 Page 2 of 4 10-foot setback for an accessory structure next to an alley for the property located at 216 N. 1st St. Roger Nelsen, of 216 N 1st St, advised he bought the property approximately four years ago. He noted the property was in bad shape and had been vacant, vandalized, and dilapidated for several years. He stated, since he purchased the property, he has made several improvements to the home totaling over $100,000. He advised he is now looking to invest in the exterior of the property, including the garage. Mr. Nelsen said the subject property is historical and listed in Steve Bigolin’s “Landmarks of Barb City”. He noted the book specifically talks about the garage as a “Coachman’s Quarter”. He stated several people advised him to tear down the garage, but he wants to save it and preserve its historical value. Mr. Nelsen mentioned a major flaw of the garage is the second-floor overhang. He advised it’s in very poor condition and wants to make sure the structure is sound and secure. He stated his proposal is to break up the cement underneath the second-floor overhang, build a foundation, then build walls to support the second floor. Mr. Nelsen noted the garage doors will stay the same design. He mentioned the current doors are 10 ft and 7.5 in width and the new doors will be approximately 9 ft wide. Mr. Nelsen added they will be keeping the hayloft door on the second level. Mr. Nelsen stated the base of the structure is currently 7 ft from the lot line (alley) and the Unified Development Ordinance requires a 10 ft setback. He stated after the first floor is extended to match the second floor, the garage will be very close to the lot line. He mentioned once the first floor is extended, he will work on the rest of the garage, including the siding. Mr. Klein questioned if Mr. Nelsen will be extending straight down from the second-floor wall. Mr. Nelsen advised they will be expanding the first floor to match the second-floor building line. Mr. Becker questioned if other properties on the alley encroach into the 10 ft required setback. Mr. Nelsen advised other properties in the alley already encroach into the 10 ft setback. Principal Planner Dan Olson went through the staff report dated October 15, 2020. He stated the UDO requires garages which enter directly onto an alley to be setback 10 ft from the alley right-of-way. He advised the second story overhang on the detached garage is currently 3.6 ft from the alley right-of-way. Planning and Zoning Commission October 19, 2020 Page 3 of 4 He noted the first floor build out will increase support for the structure and make it safer. Mr. Olson said the reasoning for the 10 ft setback is for vehicle maneuverability onto the alley, which isn’t an issue for this property because of the parking lot on the other side of the alley. He mentioned the petitioner would not be able to make upgrades to the garage without a variance because the UDO prohibits additions or improvements to a structure that would bring it further into non- compliance. Mr. Olson stated the detached garage was built in 1905 and was not designed to accommodate modern vehicles. He noted the need for a variance was not caused by the applicant. He said the garage is highly visible from the Glidden Parking Lot and the improvements related to the variance will only improve its appearance. Mr. Olson advised there are other garages and structures along the alley between Locust St. and Oak St. that are within the 10 ft setback, so the improvement will not be out of the ordinary for the neighborhood. He noted the new addition will require a permit and inspections through the City to ensure it meets the standards in the UDO and building codes. Mr. Olson advised a Citizen’s Response Form was received from a Robert W. Carlson, owner of 118-126 Oak St, indicating support for the variance request. Chair Maxwell gave the public an opportunity to speak. There was none. Chair Maxwell gave Commission members an opportunity to speak. Mr. Wright questioned what property was on the other side of the alley. Mr. Nelsen advised it was City property and Mr. Olson clarified it is the Glidden Parking Lot. Chair Maxwell questioned if there is any precedent for non-conforming structures prior to changes to the UDO or building code. Mr. Olson advised if a property or use is abandoned for 6 months or more, if a structure is damaged by more than 50% of its value, or if significant changes are made to non- conforming structures, then they must comply with the current standards. Mr. Wright questioned what the second floor is currently used for. Mr. Nelsen advised it is only used for storage. He advised it appears to have been used for living quarters in the past. Planning and Zoning Commission October 19, 2020 Page 4 of 4 Mr. Klein advised he frequently drives by the area and will miss the uniqueness of the garage, but still supports the proposal. Mr. Wright questioned what the purpose for the 10 ft setback requirement in the UDO is. Mr. Olson advised the setback is for vehicle maneuverability, such as vehicles turning around or trucks for garbage pick-up. Mr. McMahon questioned if expanding the first floor would interfere with garbage pick-up. Mr. Nelsen stated it would not. Ms. O’Flaherty moved the Planning and Zoning Commission approve a variance to Article 7.04.4(a) of the Unified Development Ordinance to allow an addition onto a detached garage to encroach 7 feet into the required 10 foot setback for an accessory structure next to an alley for the property located at 216 N. 1st St. as shown on the site plan dated 9-9-20 labeled as Exhibit A and per the architectural elevation dated 10-8-20 labeled as Exhibit B. Mr. Klein seconded the motion. A roll call vote was taken. Mr. Klein – Yes, Ms. O’Flaherty – Yes, Mr. McMahon – Yes, Mr. Becker – Yes, Mr. Wright - Yes, Chair Maxwell – Yes. Vice Chair Doe was absent. Motion Passed 6-0-1. F. REPORTS Mr. Olson advised Mr. John Pappas met with residents to discuss the rezoning of the City Hall Block (200 S. 4th St.). He noted the elevations have changed, density reduced, and the community gardens have been added back to the plans based on resident feedback. He advised the ordinance rezoning the property will be considered by the City Council on October 26, 2020 Mr. Olson mentioned the former Campus Cinemas building (Blackhawk Rd. and W. Hillcrest Dr.) is currently being demolished and should be completed in the next two weeks. He noted the improvements to Gurler Rd from the Facebook and Ferrara projects are finishing up and the roundabout is complete at Gurler and Peace Roads. G. ADJOURNMENT Mr. Wright motioned to adjourn, Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:21 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT October 29, 2020 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: 2022 Sycamore Road – Special Use Permit - Video Gaming Establishment (Randi Hoffstead – CJ’s Gaming) I. GENERAL INFORMATION A. Purpose To allow a video gaming establishment in the building at 2022 Sycamore Road B. Location/Size 2022 Sycamore Road/.20 acres C. Petitioner Randi Hoffstead – CJ’s Gaming D. Existing Zoning “GC” General Commercial District E. Existing Land Use Commercial/Apartments F. Surrounding Zoning and Land Use North: “PDC”; Commercial South: “GC” and “LI”; Commercial and Church East: “A1 (Unincorporated)”; Open Space West: “PDR” and “GC”; Golf Course Commercial G. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The petitioner, Randi Hoffstead (CJ’s Gaming), is requesting a special use permit to establish a video gaming establishment in the first floor of the building located at 2022 Sycamore Road. The establishment will be occupying approximately 1,800 of gross floor area and take up the entire first floor. The subject site is zoned “GC” General Commercial District, which requires a special use permit for a video gaming establishment (stand- alone facility). CJ’s Gaming is currently located at 1406 Sycamore Road and is planning to move to this new location by January, 2021. The proposed hours will match the hours at their current location which is 8:00AM to 1:00AM – Monday through Wednesday, 8:00AM to 2:00AM – Thursday through Saturday and 10:00AM – 1:00AM on Sundays. The Municipal Code (Chapter 38 - Intoxicating Liquors) has a limit of 10 stand-alone video gaming establishments, however since CJ’s is re-locating so there is no need for the City Council to consider amending the Municipal Code. According to the Illinois Gaming Board website, CJ’s Gaming had the largest net terminal income of any video gaming establishment in the City from January, 2020 to September, 2020. The UDO requires a minimum distance of 500 feet between video gaming establishments. The nearest video gaming establishment is Lucky Poker at 1812 Sycamore Road which is about 1,125 feet away from the proposed location for CJ’s. The parcel where CJ’s is proposing to locate shares a parking lot with 2020 Sycamore Road to the south which formerly contained a Hertz car rental business. There is an internet auto sales operation proposing to locate in the building at 2020 Sycamore Road. The total gross square footage of the tenant space for the video gaming establishment is about 1,800 sq. ft. The floor plan indicates six video gaming machines, kitchen, bar, snack bar and seating area. For parking purposes, there is a net floor area of 1,067 sq. ft. (excluding storage areas, restrooms and the stairwell). In addition, there are two 2- bedroom apartments on the second level of the building. Using the parking formula of 2.5 spaces for every two-bedroom unit and one parking space for every 250 ft. of floor area for the video gaming establishment there is a total of nine parking spaces required. The proposed auto sales operation at 2020 Sycamore Road would generate two required parking spaces plus storage for the vehicles on display for sale. The result is 11 total required parking spaces and there are 17 parking spaces provided on the site so there is adequate parking. The special use permits approved for the video gaming establishment along S. 4th St. in 2018 (Maisy’s) and the video gaming establishment approved in July of 2019 at 122 E. Hillcrest Drive (Chip’s) had language restricting the hours (the sale of alcohol shall not occur at the video gaming establishment before 10:00 a.m., Monday through Sunday). and signage (no advertising related to the sale or presence of alcohol or video gaming). The special use permit approved for the video gaming establishment at 1704 Sycamore Road (Athena’s Palace) in November 2019 did not have hour or signage restrictions. The Commission believed the restrictions were not warranted based upon the proposed location of the video gaming establishment in relation to the distance to Sycamore Road and nearby residential areas. Staff is not recommending additional restrictions on hours Page |2 or signage for the proposed location of CJ’s based upon the location along the Sycamore Road commercial corridor and there has been no opposition from the public. Staff is recommending two conditions. A handicap sign needs to be placed in front of the handicap space by the building and the trash dumpster with need to be screened with a 6-foot high sight proof fence. Staff is recommending both conditions be addressed within 30 days after approval of the special use by the City Council. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed video gaming establishment will comply with all regulations of the “GC” General Commercial District and the UDO. The subject property is about 1,125 feet from the nearest video gaming establishment exceeding the minimum separation requirement in the UDO of 500 feet. Conditions attached to the approval will enhance the appearance of the subject site and bring it into further compliance with the UDO. 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on the adjacent properties or land uses. The site has been zoned commercial for decades and is in proximity to a variety of commercial uses. Data from the City’s Police Department has indicated there is no significant demand for public safety resources nor any quality of life or crime concerns related to the existing stand-alone video gaming establishments in the City. In addition, staff is recommending conditions be added to the approval to require a handicap parking sign in front of the handicap parking space and the trash dumpster be screened. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The special use will locate in an existing building and will not dominate the immediate area and will not prevent development on the neighboring properties. The surrounding area is already developed with a variety of commercial uses along Sycamore Road, including a fast food restaurant, auto dealership, and home improvement store. Parking is provided for the proposed special use per the requirements of the Unified Development Ordinance. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Page |3 Adequate public services and utilities are already provided to the subject site. Parking is provided for the proposed special use per the requirements of the Unified Development Ordinance. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. The proposed special use will not be detrimental to the permitted developments and uses on the site or to the surrounding area. The proposed special use will take up a vacant tenant space in the building and will be an economic benefit to this portion of the Sycamore Road corridor. Approval of the special use will allow an existing video gaming establishment to remain in the City and continue to generate sales tax and video gaming revenue. In addition, staff is recommending conditions that will require the placement of a handicap sign and screening of the trash dumpster on the site. IV. PUBLIC INPUT As of the posting of the agenda on October 29, 2020 there have been no comments from the public regarding the petition. V. RECOMMENDATION Sample Variation Motion: Based on the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Special Use Permit for a Video Gaming Establishment at 2022 Sycamore Road per the conditions as indicated on Exhibit A of this report. Page |4  Exhibit A 1. The video gaming establishment shall only be allowed to operate in the tenant space as shown on the floor plan dated 10-13-20 and labeled as Exhibit B. 2. The applicant must obtain a City issued liquor license for the subject site with supplemental licensure for video gaming as required in the Municipal Code, Chapter 38. 3. The video gaming use shall comply with all State rules and regulations that are now or in the future applicable to the use and operation of video gaming terminals. 4. A handicap parking sign, per local and state regulations, must be placed in front of the handicap parking space on the subject site within 30 days of approval of the special use permit by the City Council. 5. The trash dumpster on the subject site shall be enclosed with a six-foot high sight-proof fence per the regulations of Article 7.11 of the UDO within 30 days of approval of the special use permit by the City Council. Page |5 EXHIBIT B