Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA November 16, 2020 6:00 P.M. DeKalb Police Department Training Room #203 700 W Lincoln Hwy 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 2020-62 dated October 23, 2020 (the “Executive Order”), which prohibits gatherings of more than 10 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 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. A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. November 2, 2020 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) Planning and Zoning Commission Agenda November 16, 2020 Page 2 of 2 E. NEW BUSINESS 1. Public Hearing –A petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance" of the Municipal Code to amend the “LC” Light Commercial District to add truck and trailer rental to the list of special uses and to amend the “GC” General Commercial District and “LI” Light Industrial District to add trailer rental to the list of permitted uses. 2. Public Hearing – A petition by Brian Fleming of 1023 ½ W. Hillcrest Drive (U-Haul) for a special use permit to allow for truck and trailer rental storage at 1011-1027 W. Hillcrest Drive. F. REPORTS G. ADJOURNMENT Planning and Zoning Commission November 2, 2020 Page 1 of 6 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION November 2, 2020 The Planning and Zoning Commission held a meeting on November 2, 2020, at the DeKalb Public Library in the Yusunas Meeting Room, 309 Oak Street, DeKalb, Illinois. Vice Chair Doe called the meeting to order at 6:04 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: Ron Klein, Bill McMahon, Steve Becker, Trixy O’Flaherty, and Jerry Wright. Vice Chair Doe attended the meeting remotely by video conference. Chair Maxwell was absent. Principal Planner Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair Doe requested a motion to approve the November 2, 2020, agenda as presented. Mr. Klein motioned to approve the agenda as presented. Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. October 19, 2020 – Vice Chair Doe requested a motion to approve the October 19, 2020, minutes as presented. Ms. O’Flaherty motioned to approve the minutes as presented. Mr. Wright 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 Randi Hoffstead for a special use permit to establish a video gaming establishment (CJ’s Gaming) at 2022 Sycamore Road. Planning and Zoning Commission November 2, 2020 Page 2 of 6 Randi Hoffstead, the owner of CJ’s Gaming, advised the business is currently located at 1406 Sycamore Rd. She noted she is requesting a special use permit to move her business just up the street to 2022 Sycamore Rd. She advised CJ’s Gaming is a gaming café open to all ages. She mentioned they have a full menu and kitchen, as well as six video gaming machines. She stated there are other activities on site including darts, board games, and family dining. She advised they host dart leagues, support local businesses, and support NIU by employing students. Ms. Hoffstead said the new location would offer more space for events and will be able to host more customers. She noted CJ’s Gaming contributed more than $30,000 in gaming revenue to the City of DeKalb and approximately $8,000 in just the last three months. She advised CJ’s Gaming was the top video gaming establishment in the City in 2019 and is projecting to do the same in 2020. Ms. Hoffstead added she works closely with the CDC and Health Department Covid-19 guidelines to ensure the facility is safe for her customers. Principal Planner Dan Olson went through the staff report dated October 29, 2020. He stated CJ’s Gaming is looking to relocate from 1406 Sycamore Road to 2022 Sycamore Road and will take up the entire first floor. He noted the business is a video gaming establishment per the UDO with accessory uses, such as the café and dining area. Mr. Olson mentioned the petitioner plans to move into the new location by January 2021. He noted the proposed operating hours will match their current hours, which is 8AM-1AM Monday thru Wednesday, 8AM-2AM Wednesday thru Saturday, and 10AM-1AM on Sunday. Mr. Olson advised the City’s Municipal Code has a limit of 10 stand-alone video gaming establishments, however, CJ’s Gaming is only relocating so there is no need for the City Council to consider amending the Code. He reiterated CJ’s Gaming had the largest net terminal income of any video gaming establishment in the City of DeKalb from January 2020 to September 2020. Mr. Olson mentioned the UDO requires a minimum distance of 500 feet between video gaming establishments and the nearest video gaming establishment is approximately 1,125 feet away from the proposed site. He stated the total square footage for CJ’s Gaming tenant space is approximately 1800 sq. ft. He noted the floor plan indicates six video gaming machines, kitchen, bar, snack bar, and seating area. Mr. Olson advised CJ’s Gaming will share a parking lot with 2020 Sycamore Rd, which was formerly a Hertz car rental business. He noted there is an internet auto sales operation proposing to locate in the building at 2020 Planning and Zoning Commission November 2, 2020 Page 3 of 6 Sycamore Rd. He mentioned CJ’s Gaming will also share the parking lot with the two apartments located on the second floor of 2022 Sycamore Rd. He advised the parking formula found in the UDO requires 2.5 spaces for every two-bedroom unit and one parking space for every 250 feet of floor space in the video gaming establishment. He advised this would result in nine required parking spaces for 2022 Sycamore Rd. and the proposed internet auto sales operations would require two additional parking spaces. He noted there are 17 parking spaces on site, which is more than adequate for the 11 required spaces. Mr. Olson advised previous special use permits for video gaming establishments, such as Maisy’s along S. 4th Street and Chip’s located at 122 E. Hillcrest Drive, have language restricting the operating hours and signage requirements of the establishments. He advised no alcohol sales could occur before 10AM and signage could not have advertising related to the sale or presence of alcohol or video gaming. He noted the restrictions were required based on the proximity to nearby property owners. He mentioned the special use permit approving a video gaming establishment, Athena’s Palace, located at 1704 Sycamore Rd did not have restrictions on operating hours or signage because they weren’t near any residential properties. He advised staff recommends no additional restrictions on the operating hours or signage for CJ’s. Mr. Olson advised staff recommends approval with conditions, which includes placing a handicap sign in front of the handicap space by the building and screening the trash dumpster with a 6-foot high sight proof fence. He noted staff recommends both conditions be addressed within 30 days of approval by the City Council. He stated the City received no citizen feedback or response forms regarding the petition. Mr. Olson went through the findings for a special use. He said the subject property is zoned “GC” General Commercial and exceeds the minimum separation requirement in the UDO of 500 feet for video gaming establishments. He stated the proposed special use will not have a detrimental effect on adjacent properties and will enhance the appearance of the subject site. He mentioned data from the Police Department has indicated there is no increased crime concerns or higher demand for public safety resources for stand-alone video gaming establishments in the City. Chair Maxwell gave the public an opportunity to speak. There was none. Chair Maxwell gave Commission members an opportunity to speak. Planning and Zoning Commission November 2, 2020 Page 4 of 6 Mr. Klein stated he had concerns regarding parking for the subject property. He advised with 4-5 people occupying the second-floor apartments, the proposed video gaming establishment, and the possible business in 2020 Sycamore Rd, the parking lot will not have enough spaces. He advised he drove by the property, and even though it meets the minimum requirements, parking will be very tight. He noted there is no street parking nearby and has concerns where the overflow parking will go. Ms. Hoffstead advised they will only have one employee at the site at a time and with only six video gaming machines, there aren’t many vehicles on site. She stated spaces could be assigned to the apartments on the second floor, to ensure residents won’t have to park off-site. She advised there typically isn’t more than six vehicles at any given time for CJ’s Gaming based upon their current location. Mr. Olson reiterated, based off the parking formula, the parking provided exceeds the number of spaces required per the standards listed in the UDO. He mentioned with the limit of six terminals and only having one employee, there shouldn’t be any issues with the parking. Mr. Wright questioned if there has been a video gaming establishment located in a mixed-use building with both commercial and residential spaces. He noted his concern for any residents and children that might be living in the second- floor apartments. Mr. Olson advised this is the only one he is aware of and the apartments have a separate entrance from the video gaming area. Ms. Hoffstead advised you cannot access the apartments from the inside of the video gaming area. Mr. Wright inquired if the signage includes video gaming advertising. Mr. Olson advised there will be no additional restrictions on signage, much like Athena’s Palace. He stated the proposed site is in a commercial district with no residential properties in the immediate area. He noted the Commission could recommend special conditions or restrictions if they so choose, but staff is not recommending it. Mr. Wright questioned what the expected traffic flow is for the internet auto sales business. Mr. Olson advised they will have very minimal traffic with approximately 5 vehicles on display. He noted all sales are done on the internet or by appointment and it is a permitted use in the “GC” zoning district. Mr. Becker advised he had noise concerns for the apartments above the video gaming establishment. Ms. Hoffstead advised this hasn’t been discussed, but if they need to adjust operating hours to accommodate the residents, she is Planning and Zoning Commission November 2, 2020 Page 5 of 6 more than willing to do that. She mentioned they promote a quiet setting in their business and keep music volume to a minimum. Vice Chair Doe questioned if there is any additional sound proofing available to help the residents on the second floor. Ms. Hoffstead advised she hasn’t researched any soundproofing and doesn’t know if it’s possible, but she is willing to look into it. Vice Chair Doe questioned if the dart boards and gaming machines are directly below the bedrooms of the apartments. Ms. Hoffman advised she doesn’t know, but overall her business is very quiet and they don’t have many people come in to play darts, except during their dart leagues. Mr. McMahon questioned how many people play during dart leagues. Ms. Hoffstead advised there is anywhere between 4-8 people playing. Mr. McMahon advised parking will be an issue during dart leagues. He mentioned with eight people playing darts, six people on the machines, three cars for the apartments, and vehicles for the online auto sales, there will be more spaces needed than the 17 spaces provided. He questioned where overflow parking will go. Ms. Hoffstead advised she didn’t have an overflow plan at this time. Vice Chair Doe advised there are commercial parking lots to the south that could handle overflow parking. She mentioned Ms. Hoffstead would have to verify there aren’t any parking restrictions for those lots. Mr. Becker moved 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 the staff report. Mr. Wright 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, Vice Chair Doe – Yes. Chair Maxwell was absent. Motion Passed 6-0-1. F. REPORTS Mr. Olson advised the next Planning and Zoning Commission meeting was November 16, which would include two public hearings. He stated the first is for a special use permit for an existing U-Haul rental business on Hillcrest Dr. He noted the seconded is a text amendment related to the special use request. He mentioned the next Commission meeting on November 16 will be held at Planning and Zoning Commission November 2, 2020 Page 6 of 6 the DeKalb Police Department in Training Room #203 due to a conflict with the City Council/FAC meeting on the same day at the DeKalb Library. Mr. Olson advised the City Hall block rezoning was approved by the City Council on October 26, which included changes to site plan and architectural elevations. He noted there will be three buildings instead of four and they will be maintaining the community garden area. He stated the total amount of units decreased from 76 to 57 and the building elevations were also changed based on resident comments. G. ADJOURNMENT Ms. O’Flaherty motioned to adjourn, Mr. Klein seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:39 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT November 12, 2020 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Text Amendments to the Unified Development Ordinance – Truck and Trailer Rental (City of DeKalb). BACKGROUND AND ANALYSIS Proposed are text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend the “LC” Light Commercial District to add truck and trailer rental to the list of special uses. Amendments to the “GC” General Commercial District and “LI” Light Industrial District are also proposed to add trailer rental to the list of permitted uses. The renting of trucks is currently a permitted use in the “GC” and “LI” District. The following articles of the UDO are proposed for amendment: • Article 5.07.03 by adding “Automobile, truck, trailer, and recreational vehicles sales and rental, except automobile sales on property greater than three (3) acres that derives a majority of annual sales from new vehicles” to the list of special uses in the “LC” Light Commercial District. This use is currently permitted in the “GC” District. Adding it as a special use in the “LC” District will give the City the ability to allow these in locations that are appropriate, that fit into the surrounding area and meet the standards for a special use set out in the UDO. • Article 5.08.02 by expanding the permitted use list in the “GC” General Commercial District to add “trailer” to the existing use “Automobile, truck, and recreational vehicles sales and rental, except automobile sales on property greater than three (3) acres that derives a majority of annual sales from new vehicles”. Expanding the language to include trailers will make it clear that all types of vehicles (powered and unpowered) are included in this use category.  • Article 5.11.02 by expanding the permitted use list in the “LI” Light Industrial District to add “trailer” to the use “Automobile, truck and recreational vehicle sales and rental”. RECOMMENDATION Sample Variation Motion: Based on the submitted petition and testimony presented, I move the Planning and Zoning Commission recommend to the City Council approval of Text Amendments to the Unified Development Ordinance as indicated on Exhibit A of this report. Page |2  EXHIBIT A 5.07 “LC” Light Commercial District 5.07.01 Purpose and Intent This section contains the district regulations for the “LC” Light Commercial District. These regulations are supplemented and qualified by additional general regulations elsewhere in this Ordinance which are incorporated as a part of this section by reference. The “LC” Light Commercial District is intended to be located in areas adjacent to collector streets and some arterial streets and is designed to accommodate the retail and limited service needs of a larger consumer population than is typically served by the Neighborhood Commercial District. 5.07.02 Permitted Land Uses and Developments in the “LC” Light Commercial District The following land uses and developments are permitted in this district: Any use permitted in the “NC” Neighborhood Commercial District, except those uses that may be modified in this list of permitted uses; Accessory uses; Automobile parts and accessory stores; Banks and other financial institutions, not including drive-through facilities; Bicycle stores; sales, rental, and repair; Catering establishments, including pizza delivery; Clothing and shoe stores; sales and repair; Clubs, lodges, meetings halls; Department, discount and variety stores; Drug stores; Greenhouses, nurseries, garden supply and seed stores; Food stores and grocery stores; convenience stores (excluding motor fuel on the premises); meat markets and bakeries; Funeral homes, mortuaries; Furniture stores with repair and re-upholstery only as an accessory use; Hardware stores; Household appliance stores, sales, service, and rental; Interior decorating stores, including carpet, paint, and wallpaper stores; Medical and dental offices; Musical instrument stores, sales and repair; Museums and art galleries;  Nursing and convalescent homes and retirement centers; Office supply stores; Optical sales, examinations; Pet stores and animal grooming shops; Public buildings used by any departments of the City, School District, Township, Park District, County, State, or Federal governments, except for vehicle maintenance, raw material storage and other similar type facilities; Radio, television and recording studios; Radio and television stores, sales and service; Recreation centers, health clubs, athletic clubs, and fitness centers; Restaurants, with or without alcohol (2008-064); Restaurants (fast-food), but not including drive-through facilities; Schools for business, professional or technical training; Service facilities including barber shops and beauty shops; copying and duplicating services; artists' studios; photographers; locksmith; shoe repair; tailors; music and dance instruction studios; typing and stenography services; suntan parlors; travel agencies and ticketing offices; and other similar type uses. Specialty shops including antique shops; art and school supplies; bookstores; camera shops, including film developing; card and stationery shops; candy shops; florists; newspaper and magazine stores; gift and novelty shops, jewelry stores; pet shops; record shops; hobby shops and other similar type uses. Sporting goods stores; Theaters, indoor and auditoriums; Toy stores; NOTE: Any of the above permitted land uses and developments which include drive-through facilities are considered “Special Land Uses and Developments” (See Subsection 5.07.03). 5.07.03 Special Land Uses and Developments in the “LC” Light Commercial District (2017-009) The following land uses and developments may be permitted under conditions and requirements specified in Article 14, “Permits.” All permitted or special uses and developments which include drive-through facilities; Amusement establishments, but limited to bowling alleys, indoor skating rinks, swimming pools, video arcades, pinball and other similar non-gambling machine or table games (but specifically excluding activities involving the discharge of firearms, which are separately addressed herein as firing ranges); Animal boarding facilities; Animal hospitals and veterinary clinics;  Automobile, truck, trailer and recreational vehicle sales and rental, except for automobile sales on property greater than three (3) acres that derives a majority of annual sales from new vehicles (See Section 5.08.03) Banquet halls; Bars, taverns, and package liquor stores; Cannabis business establishment; Car washes; Dwelling units when located above the ground floor, with an allowed commercial use on the ground floor; Gasoline stations and any other establishments selling motor fuel on the premises, but not including vehicle repair; Group homes; Hospitals and clinics; Hotels and motels; Laboratories, medical, dental, research, and technical; Lodging house; Outdoor seating, service, dining and/or recreation areas accessory to any restaurant, bar, tavern, club, lodge or meeting hall (2008-064); Parking lots, as a principal use; Public or private schools, within buildings existing prior to the effective date of this Ordinance (1995-116); Public utility facilities. Any installation, other than poles and equipment attached to the poles, shall be: adequately screened with landscaping, fencing or walls, or any combination thereof, or placed underground, or enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted as a part of the special use permit application; Retail Tobacco Stores (see Article 7.17); Self-service storage facility, interior unit access (see Article 7.21) (2018-008); and Video Gaming Establishments. 5.07.04 Density and Dimensional Regulations in the “LC” Light Commercial District 1. Minimum Lot Area: Except as required for residential dwellings, no minimum lot area is established for permitted and special land uses in the LC District, however, lot dimensions shall be sufficient to  meet other requirements of this Section and Article 12, “Off-Street Parking and Loading Requirements.” 2. Building Setback Requirements: Except as provided for in Article 7, “Supplementary District Regulations,” the following setback requirements apply to buildings and structures in the LC District. a. Front Yard: No principal building shall be allowed within forty (40) feet of any front lot line or a street right-of-way line. b. Side Yard: No principal building setback is required from a side lot line, except for a lot which abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within thirty (30) feet of the side lot line. See Article 7, “Supplementary District Regulations” for screening requirements. c. Rear Yard: No principal building setback is required from a rear lot line, except for a lot that abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within thirty (30) feet of the rear lot line. See Article 7, “Supplementary District Regulations” for screening requirements. 3. Maximum Site Coverage: Site coverage shall not exceed seventy (70) percent, except as may be approved under the provisions of a “Planned Development” district (see Section 5.13 of this Article) (2008-064). 4. Building Height Limitations: No building shall exceed three (3) stories or forty-five (45) feet in height, except as provided in Article 7, “Supplementary District Regulations,” and as provided in paragraph 5 below. 5. Building Height Exceptions: By Special Use Permit (see Article 14, “Permits”), or as part of a “Planned Development,” buildings may exceed building height limitations, subject to the following building setback requirements: a. Front Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from a front lot line need ever exceed 150 feet. b. Side Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no side yard setback need ever exceed fifty (50) feet. c. Rear Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from the rear lot line need ever exceed fifty (50) feet. 5.07.05 Other Development Regulations for the “LC” Light Commercial District The following references the appropriate Articles of this Ordinance which specify the other regulations governing development in this district. 1. “Overlay District Regulations”: Article 6 2. “Supplementary District Regulations”: Article 7 3. “Streets, Sidewalks and Subdivision Design”: Article 9 4. “Utilities”: Article 10  5. “Floodways, Floodplains, Stormdrainage and Erosion”: Article 11 6. “Off-Street Parking and Loading Requirements”: Article 12 7. “Signs”: Article 13 5.07.06 Conditions of Use in the “LC” Light Commercial District 1. Not more than one (1) principal building shall be located on a zoning lot. The only exception to this is for developments approved under the provisions of a “Planned Development” district (see Section 5.13 of this Article) (2008-064). 2. A principal building, in which one or more uses may locate, shall not exceed twenty-five thousand (25,000) square feet in gross floor area (2008-064). 3. All business, servicing, processing and storage, except for off-street parking and loading and drive- through facilities, shall be conducted within completely enclosed buildings. 5.08 “GC” General Commercial District 5.08.01 Purpose and Intent This section contains the district regulations for the “GC” General Commercial District. These regulations are supplemented and qualified by additional regulations elsewhere in this Ordinance which are incorporated as a part of this section by reference. The “GC” General Commercial District is intended to be located in areas adjacent to arterial streets and designed to accommodate a wide range of retail and service needs for the consumer populations of the City of DeKalb and its surrounding areas. 5.08.02 Permitted Land Uses and Developments in the “GC” General Commercial District The following land uses and developments are permitted in this district: Any use permitted in the “LC” Light Commercial District, except those uses that may be modified in this list of permitted uses; Accessory uses; Animal boarding facilities; Animal hospitals and veterinary clinics; Automobile, truck, trailer and recreational vehicle sales and rental, except for automobile sales on property greater than three (3) acres that derives a majority of annual sales from new vehicles (see Section 5.08.03.4); Banquet halls; Bars, taverns, and package liquor stores; Boat and marine sales and service; Body Art Establishments Community residences (small or large), when located above the ground floor; Farm equipment sales and service; Group homes, when located above the ground floor; Hospitals and clinics; Hotels and motels; Laboratories, medical, dental, research, and technical; Micro-Distillery; Newspaper offices; Parking lots and parking structures; Building supply, electrical, plumbing and heating service and equipment stores (2008-064); Printing and publishing establishments;  Tire stores, sales and service; Union halls, hiring halls, and trade association offices/meeting rooms; Warehouses associated with showrooms or retail outlets where the warehouse portion does not exceed fifty (50) percent of the total gross from the area. NOTE: Any of the above permitted land uses and developments which include drive-through facilities are considered “Special Land Uses and Developments” (See Subsection 5.08.03). 5.08.03 Special Land Uses and Developments in the “GC” General Commercial District (2017-009) The following land uses and developments may be permitted under conditions and requirements specified in Article 14, “Permits.” All permitted or special land uses and developments which include drive-through facilities; Amusement establishments, indoor or outdoor, including miniature golf, water recreation and other similar type recreation facilities (2008-064) (but specifically excluding activities involving the discharge of firearms, which are separately addressed herein as firing ranges); Automobile impound yards, but not including storage of wrecked vehicles; Automobile sales on property greater than three (3) acres that derives a majority of annual sales from new vehicles; Building material sales and storage (retail) as a principal use; Bus and train stations/terminals; Cannabis business establishment; Cartage and express facilities; Car washes; Convention, exhibition, and civic centers, arenas and stadiums; Distillery; Dwelling units when located above the ground floor, with an allowed commercial use on the ground floor; Firearm Retailers with a size of 50,000 square feet in area or more; Gasoline stations; Lodging house; Parking lots and parking structures, as a principal use (2008-064); Pawn shops; Public or private schools, within buildings existing prior to the effective date of this Ordinance (1995-116); Public utility facilities. Any installation, other than poles and equipment attached to the poles, shall be:  adequately screened with landscaping, fencing or walls, or any combination thereof, or placed underground, or enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted as part of the special use permit application. Restaurants (fast food) which include drive-through facilities; Retail Tobacco Stores (see Article 7.17 regulations); Self-service storage facility, interior unit access (see Article 7.21) (2018-008); Social Club; Theaters, outdoor and drive-in; Vehicle service facilities; Vehicle repair facilities; Video Gaming Establishments; Wholesale establishments. 5.08.04 Density and Dimensional Regulations in the “GC” General Commercial District 1. Minimum Lot Area: Except as required for residential dwellings, no minimum lot area is established for permitted and special land uses in the GC District, however, lot dimensions shall be sufficient to meet other requirements of this Section and Article 12, “Off-Street Parking and Loading Requirements.” 2. Building Setback Requirements: Except as provided for in Article 7, “Supplementary District Regulations,” the following setback requirements apply to buildings in the GC District. a. Front Yard: No principal building shall be allowed within forty (40) feet of any front lot line or street right- of-way line. b. Side Yard: No principal building setback is required from a side lot line, except for a lot which abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within fifty (50) feet of the side lot line. See Article 7, “Supplementary District Regulations” for screening requirements. c. Rear Yard: No principal building setback is required from a rear lot line, except for a lot that abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within fifty (50) feet of the rear lot line. See Article 7, “Supplementary District Regulations,” for screening requirements. 3. Maximum Site Coverage: Site coverage shall not exceed seventy (70) percent, except as may be approved under the provisions of a “Planned Development” district (see Section 5.13 of this Article) (2008-064).  4. Building Height Limitations: No building shall exceed three (3) stories or forty-five (45) feet in height, except as provided in Article 7, “Supplementary District Regulations,” and as provided in paragraph 5 below. 5. Building Height Exceptions: By Special Use Permit (see Article 14, “Permits”), or as part of a “Planned Development,” buildings may exceed building height limitations, subject to the following building setback requirement: a. Front Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from a front lot line need ever exceed 150 feet. b. Side Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no side yard setback need ever exceed fifty (50) feet. c. Rear Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from the rear lot line need ever exceed fifty (50) feet. 5.08.05 Other Development Regulations for the “GC” General Commercial District The following references the appropriate Articles of this Ordinance which specify the other regulations governing development in this district. 1. “Overlay District Regulations”: Article 6 2. “Supplementary District Regulations”: Article 7 3. “Streets, Sidewalks and Subdivision Design”: Article 9 4. “Utilities”: Article 10 5. “Floodways, Floodplains, Storm drainage and Erosion”: Article 11 6. “Off-Street Parking and Loading Requirements”: Article 12 7. “Signs”: Article 13 5.08.06 Conditions of Use in the “GC” General Commercial District 1. A principal building or combination of buildings on a zoning lot in which one or more uses may locate shall not exceed fifty-thousand (50,000) square feet in gross floor area. The only exception to this is for developments approved under the provisions of a “Planned Development” district (see Section 5.13 of this Article). 2. Outdoor display of items intended for direct sale to the public shall be permitted as an accessory use only. Outdoor storage of items not intended for direct sale to the public shall also be permitted as an accessory use as long as the storage area is completely screened from the public view and located behind the front building line of the principal building, except that automobiles, recreational vehicles, boats, etc. that have been serviced, or are awaiting service, may be temporarily stored in front of the building line of the principal building until such time as they are picked up by their owners. 5.11 “LI” Light Industrial District 5.11.01 Purpose and Intent This section contains the district regulations of the “LI” Light Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Ordinance which are incorporated in this section by reference. The “LI” Light Industrial District's uses are intended to be conducted in a manner not detrimental to the rest of the community by reason of noise, vibration, smoke, dust, toxic or noxious materials, odor, fire, explosive hazards, glare or heat. 5.11.02 Permitted Land Uses and Developments of the “LI” Light Industrial District (2017-044) The following land uses and developments are permitted in this district: Accessory uses; Any use whose primary purpose includes the light manufacturing, fabricating, assembly, disassembly, processing or treatment of goods and products, including but not limited to: appliances, small motors; books, printed materials; clothing and textiles; drugs; electrical components; glass and ceramics; paper and paper products; plastic and fiberglass; sheet metal; tools; wood assembly and finishing; Airports, landing strips and heliports; Animal boarding facilities and animal shelters, subject to the provisions of 5.11.06, subparagraph 3 (below) (2003-139); Automobile, truck, trailer and recreational vehicle sales and rental; Boat and marine sales and service; Body Art Establishment Building-contractors office and materials storage; Building material sales and storage; Bus and train stations and terminals; Business, professional, and technical training schools; Cartage and express facilities; Data Center; Dwelling unit (one only) only when used by the caretakers and their families, who own or are employed in the allowable commercial or industrial use of the premises, and which may be located on the ground floor; Farm equipment sales and service; Fruit, Vegetable and grain processing, packaging, and storage; Gasoline Stations; Golf courses and other open space recreational uses; Ice processing, sales and storage; Lumberyards; Machinery sales, service and storage; Machine shops; Motor and rail freight terminals; Newspaper offices; Offices; Outdoor storage, as a principal use, except junkyards, salvage yards, and wrecked vehicle storage yards; Parking lots, as a principal use; Plating establishments; Plumbing and heating service and equipment stores; Printing and publishing establishments, duplicating services; Public buildings used by any department of the City, School District (except school buildings), Township, Park District, County, State, and Federal governments; Public utility facilities; Research laboratories and facilities; and Self-service storage facility, interior unit access. (2018-008) Sewage treatment plants;  Showrooms and retail outlets associated with warehouse or manufacturing facilities where the showroom or retail portion does not exceed thirty (30) percent of the total floor area; Sign shops; Tire stores, sales and service; Tool and dye shops; Union halls, hiring halls, and trade association offices/meeting rooms; Upholstery stores; Vehicle repair facilities; Vehicle service facilities; Warehouse and wholesale establishments, distribution centers; Welding. 5.11.03 Special Land Uses and Developments of the “LI” Light Industrial District (2017-044) The following land uses and developments may be permitted under conditions and requirements specified in Article 14, “Permits.” Cannabis business establishment; Day Care Centers; Distillery; Firearm Retailers / Firearm Dealers regardless of size (See Article 7.19 regulations); Indoor firing range (See Article 7.19.05 regulations); Junkyards, salvage yards, and vehicle wrecking yards conducted within an enclosed building or surrounded by a solid sight-proof fence not less than ten (10) feet in height, or the height of the materials being screened, whichever is greater, and where no materials shall be piled or stacked to a height in excess of fifteen (15) feet above the ground level; Penal, correctional, and other institutions necessitating restraint of inhabitants; Railroad switching yards; Recycling centers; Retail Tobacco Stores (See Article 7.17 regulations); and Sanitary landfills, solid waste transfer stations, composting, energy reclamation facilities, recycling plants, incinerators, and similar solid-waste management facilities, but excluding hazardous or radioactive waste disposal; and Self-service storage facility, exterior unit access (see Article 7.21) (2018-08). 5.11.04 Density and Dimensional Regulations of the “LI” Light Industrial District 1. Minimum Lot Area: Except as required for residential dwellings, no minimum lot area is established for permitted and special land uses in the LI District, however, lot dimensions shall be sufficient to meet other requirements of this Section and Article 12, “Off-Street Parking and Loading Requirements.” 2. Building Setback Requirements: Except as provided for in Article 7, “Supplementary District Regulations,” the following setback requirements apply to buildings in the LI District. a. Front Yard: No principal building shall be allowed within forty (40) feet of any front lot line or a street right- of-way line. b. Side Yard: No building setback is required from a side lot line, except for a lot which abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within seventy-five (75) feet of the side lot line. (See Article 7, “Supplementary District Regulations” for screening buffer requirements.) c. Rear Yard: No building setback is required from a rear lot line, except for a lot which abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within seventy-five (75) feet of the rear lot line. (See Article 7, “Supplementary District Regulations” for screening requirements.) 3. Maximum Site Coverage: On lots two (2) acres in size or greater, site coverage shall not exceed seventy (70) percent, except as may be approved under the provisions of a “Planned Development” district (see Section a. of this Article). There is no limitation on site coverage on lots less than two (2) acres in size. 4. Building Height Limitations: No building shall exceed six (6) stories or seventy-five (75) feet in height, except as provided in Article 7, “Supplementary District Regulations,” and as provided in paragraph 5 below. 5. Building Height Exceptions: By Special Use Permit (see Article 14, “Permits”), or as part of a “Planned Development,” buildings may exceed building height limitations, subject to the following building setback requirement: a. Front Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from a front lot line need ever exceed 150 feet. b. Side Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no side yard setback need ever exceed fifty (50) feet. c. Rear Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from the rear lot line need ever exceed fifty (50) feet. 5.11.05 Other Development Regulations for the “LI” Light Industrial District The following references the appropriate Articles of this Ordinance which specify the other regulations governing development in this district. 1. “Overlay District Regulations”: Article 6 2. “Supplementary District Regulations”: Article 7  3. “Streets, Sidewalks and Subdivision Design”: Article 9 4. “Utilities”: Article 10 5. “Floodways, Floodplains, Storm Drainage and Erosion”: Article 11 6. “Off-Street Parking and Loading Requirements”: Article 12 7. “Signs”: Article 13 5.11.06 Conditions of Use of the “LI” Light Industrial District. 1. Depending on sewage collection and treatment requirements, a developer or business shall verify the adequacy of said system with the Kishwaukee Water Reclamation District prior to applying for a building or occupancy permit. 2. All outdoor storage areas, whether they are the principal or accessory use of the property, shall be screened from this public view by placing a solid, sight-proof fence not less than six (6) feet in height around the storage area. Junkyards, salvage yards, and vehicle wrecking yards shall meet the screening requirements set forth in Subsection 5.11.03.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT November 12, 2020 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: 1011 – 1027 W. Hillcrest Drive - Special Use Permit – Truck and Trailer Rental (Brian Fleming - U-Haul) I. GENERAL INFORMATION A. Purpose To allow truck and trailer rental storage at 1011-1027 W. Hillcrest Dr. B. Location/Size 1011-1027 W. Hillcrest Dr./2.04 acres C. Petitioner Brian Fleming (U-Haul) D. Existing Zoning “LC” Light Commercial District E. Existing Land Use Multi-tenant commercial building and associated parking lot F. Surrounding Zoning and Land Use North: “PD-R”; Multi-Family Residential South: “MFR2 and “GC”; Multi-Family Residential and Restaurant East: “LC”; Open Lot – Former Vacant Commercial Building West: “LC”; Liquor Store G. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The petitioner, Brian Fleming (U-Haul), is requesting a special use permit for truck and trailer rental parking in relation to an existing U-Haul business at 1023 ½ W. Hillcrest Dr. U-Haul trucks and trailers are currently parked in the parking lot of the multi-tenant building at 1011-1027 W. Hillcrest Dr. The U-Haul business has been in operation for a few years, but not zoned properly for it. The two-acre subject site is zoned “LC” Light Commercial District, and the renting of trailers and trucks is not a permitted or special use in that district. The rental of trucks and trailers may have been determined in the past to be accessory to a previous discount furniture store that was in the space with the U-Haul business. In conjunction with this special use application, the City initiated a text amendment to the UDO that will add truck and trailer rental into the “LC” District as a special use. The Police Department has requested the number of U-Haul trucks that are parked in the parking aisle along Hillcrest Dr. be limited so that visibility to the building is maintained. Staff has worked with the petitioner and property owner and they have agreed to limit the number of trailers and trucks on the site to a total of 10. In addition, they have agreed to a limit of three trucks (10 ft. and over) in the 25-parking space area along Hillcrest Dr. and in the 9-space area along the east side of the site (see attached Exhibit B). A quick survey over the last few weeks at the site has revealed an average of about 2-4 trucks and 1-2 trailers being parked at the site at any one time. Staff reviewed the parking situation to determine if there were extra parking spaces to accommodate the storage of trucks and trailers on the site. The building has a net leasable floor area of 15,650 sq. ft. In addition, there are 12 two-bedroom apartments and two studio apartments on the second level of the building. Using the UDO parking formula of one parking space for every 250 ft. of commercial floor area and 2.5 spaces for every two-bedroom unit and 1.5 spaces for every studio unit, there are 96 required parking spaces. Based upon the survey and aerial photos, there are 142 parking spaces on the site leaving plenty of spaces for the storage of trucks and trailers. The parking layout shown on the provided survey has been slightly modified since the survey was completed in 2014. One of the conditions of approval is the placement of handicap signs, per state and local regulations, in front of the handicap spaces next to the building. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed truck and trailer rental operation will comply with all regulations of the “LC” Light Commercial District and the UDO. Conditions attached to the approval will enhance the appearance of the subject site, provide for adequate visibility to the commercial building and bring it into further compliance with the UDO. 2. The proposed special use will not be unreasonably detrimental to the value Page |2 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 other commercial uses. In addition, staff is recommending conditions be added to the special use permit to restrict the number and location of the larger trucks and trailers on the site. There is also a condition to require handicap parking signs be added to the site in compliance with local and state regulations. 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 subject site has adequate area for the storage of the trucks and trailers related to the special use. There is a total of 96 required parking spaces for the site and there are 142 available parking spaces. The surrounding area is already developed with a variety of commercial and multi-family residential uses. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate public services and utilities are already provided to the subject site. Suitable parking is provided on the site for the existing uses and the 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 uses on the site or to the surrounding area. The proposed special use will be limited to 10 rental trucks and trailers and will allow an existing business in the commercial building to continue operations. In addition, staff is recommending conditions that will require the installation of handicap signs and limits on the number and location of the larger trucks and trailers. Page |3 IV. PUBLIC INPUT As of the posting of the agenda on November 12, 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 truck and trailer rental at 1011-1027 W. Hillcrest Dr. per the conditions as indicated on Exhibit A of this report. Page |4  Exhibit A No more than 10 rental trucks or trailers may be parked on the site at one time and must be located in the 25 parking space area or 9 parking space area as shown on Exhibit B. No more than three rental trucks that are 10 ft. or more in size may be parked in the 25 parking space area and no more than three rental trucks that are 10 ft. or more in size may be parked in the 9 parking space area as shown on Exhibit B. Handicap signs, per local and state regulations, must be placed in front of the handicap parking spaces on the subject site within 30 days of approval of the special use permit by the City Council. Page |5 EXHIBIT B