Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA March 1, 2021 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 2021-4 dated February 5, 2021 (the “Executive Order”), which prohibits meetings of more than 50 people for Phase 4 mitigations, unless the City of DeKalb determines that it is necessary to invoke the Governmental Functions exemption “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/87217340584?pwd=bUF5OE9BSi85d1hUME90dEpZS0QyZz09 Meeting ID: 872 1734 0584 Passcode: 263108 One tap mobile +13126266799,,87217340584#,,,,*263108# 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. Planning and Zoning Commission Agenda March 1, 2021 Page 2 of 2 A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. February 16, 2021 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by USCOC of Central Illinois LLC for approval of a special use permit for existing antennas and associated equipment on top of a 16-story building located at 507 E. Taylor Street to allow for an upgrade of communication equipment (US Cellular). 2. Public Hearing – A petition by the City of DeKalb to allow two-family or multi-family attached dwellings not meeting the minimum lot area requirements as a special use in the "TFR" and "MFR-1" Districts and to remove the allowance for multi-family dwellings not meeting the building height requirements to apply for a special use in the "MFR-2" District. F. REPORTS G. ADJOURNMENT Planning and Zoning Commission February 16, 2021 Page 1 of 7 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION February 16, 2021 The Planning and Zoning Commission held a meeting on February 16, 2021, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair 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 Principal Planner Dan Olson called the roll. Planning and Zoning Commission members present were: Ron Klein, Steve Becker, Trixy O’Flaherty, Jerry Wright, Bill McMahon, Maria Pena-Graham and Chair Max Maxwell. Principal Planner Dan Olson was present representing the City of DeKalb. B. ELECTION OF VICE-CHAIRPERSON Chair Maxwell requested nominations for the position of Vice Chair of the Planning and Zoning Commission. Ms. O’Flaherty motioned to nominate Mr. McMahon. Mr. Klein seconded the motion to nominate Mr. McMahon. There were no other nominations. The motion to elect Mr. McMahon as Vice Chair of the Planning and Zoning Commission was approved by unanimous voice vote. C. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the February 16, 2021 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. D. APPROVAL OF MINUTES 1. January 19, 2021 – Chair Maxwell requested a motion to approve the January 19, 2021 minutes as presented. Mr. McMahon motioned to approve the minutes as presented. Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. E. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None Planning and Zoning Commission February 16, 2021 Page 2 of 7 F. NEW BUSINESS 1. Public Hearing – A petition by DeKalb Community Unit School District #428 requesting an amendment to the site plan approved by Ordinance 2020-015 which approved a special use permit for a private therapeutic day school on the subject site located at 900 E. Garden Street (former Chesebro Elementary School). Tammy Carson, representing DeKalb CUSD #428, advised they will be moving a private therapeutic day school, Menta Group, to the former Chesebro School on the subject site. She stated along with the new tenant, there will be renovations to the property to include a new circle drive and 10 space parking lot off E. Garden Street. She mentioned the new parking lot will be primarily used for DeKalb CUSD #428 staff and Barb Food Mart patrons. Ms. Carson advised students and employees with the therapeutic day school will be accessing the property from E. Taylor Street and traffic from E. Garden Street will be limited. Principal Planner Dan Olson went through the staff report dated 2-11-21. He advised the City of DeKalb previously approved a special use permit to allow a private therapeutic day school on the subject site. He noted the Menta Group is a non-profit social service organization that serves students with special needs that require varying levels of therapeutic support. He stated the School District reached out to Menta Group to open a school in the DeKalb area for children with disabilities. He mentioned, due to COVID-19, the project was put on hold since their approval last March. Mr. Olson said the Menta Group is temporarily operating out of 1600 E. Lincoln Hwy with 8-10 students on site and 25 remotely. Mr. Olson stated the School District will be adding a one-way access drive and 10-space parking lot off E. Garden Street, but the main access will still be off E. Taylor Street. He advised all student and bus traffic will be from E. Taylor Street and the 10-space parking lot off E. Garden Street will be for School District staff, Barb Food Mart patrons, and visitors. Mr. Olson mentioned four trees will be removed from the north side of the subject site to accommodate the parking lot and access drive. He noted along with the site improvements, the City Engineer advised a new water service line will be connected to the building and a fire hydrant will be installed southwest of the school building. Mr. Olson stated there will be approximately 60-80 students, 25 Menta Staff members, and five School District staff on site during the week. He noted Planning and Zoning Commission February 16, 2021 Page 3 of 7 operating hours would be Monday-Friday 8:30am to 2:00pm for students and 8:00am to 3:30pm for staff during the months of September through June. He added between June-August, the hours will be 8:00am to 12:00pm for students and 8:00am to 3:30pm for staff. Mr. Olson mentioned twice a week on Wednesday, Thursday and two Sundays a month, there will be six to eight Barb Food Mart volunteers at the school who will park on the south side of the building. He said the Barb Food Mart will be open once a week on Thursday’s from 3:30 PM to 6:30 PM. He stated twice a week, there will be a box truck delivering food to the Food Mart and will use the E. Garden Street entrance. Mr. Olson advised a Citizen Response Form was received from Connie and Steve Boyden, of 821 Roosevelt Court, indicating they would like to see more specifics regarding the proposal before making a decision. They had concerns regarding the new access off E. Garden St. and drainage. Mr. Olson said City staff contacted the Boyden’s and explained who would be using the access off Garden Street and noted a stormwater plan has been submitted to provide proper drainage per City regulations. He noted the Boyden’s were pleased with the City’s response. Chair Maxwell gave the public an opportunity to speak. Frances Clucas, of 405 S 9th Street, advised she had concerns with the new parking lot in the front. She stated she enjoys walking in the neighborhood and does not want to see a parking lot there. She added there has never been a lot of traffic off E. Garden Street and doesn’t know why they need an additional parking lot. She questioned if the four trees that were being removed will be replaced. Tammy Carson advised they received comments from other community members who had concerns regarding additional street parking on E. Garden Street when the school opens. She advised the parking lot will keep cars off E. Garden St., add handicap accessibility to the front of the building, as well as parking for the Barb Food Mart, School District staff, and visitors. She added, even prior to this project, the School District was planning on removing trees on the north side of the lot due to disease. Ms. Clucas questioned if there will be any green space remaining on the north side of the property once the access drive and parking lot are added. Ms. Carson advised there will still be a large amount of green space between and on both sides of the access drive. Planning and Zoning Commission February 16, 2021 Page 4 of 7 Ms. Clucas asked what happened to the bricks at the old playground (Barbland) that were dedicated to donators. Ms. Carson advised the playground is owned and managed by the Park District and they would have overseen the bricks. She mentioned she would contact the Park District and get back to Ms. Clucas. Chair Maxwell gave Commission members an opportunity to speak. Mr. Wright asked what the relationship is between the therapeutic school and the School District. Ms. Carson advised they have no vested interest in Menta Group; however, several DeKalb students are currently bused to their academy in Aurora. She stated by bringing Menta Group to DeKalb, they can keep their students in the community. She noted approximately 30-40 DeKalb students would be attending Menta Group and the property can accommodate approximately 80 students. Mr. Wright inquired when the school will open. Ms. Carson advised renovations will begin on March 8th and continue until July 15th. She stated the school will look to open in August for students. Ms. O’Flaherty moved the Planning and Zoning Commission recommend approval of an amended site plan approved by Ordinance 2020-015 in order to add an access drive from E. Garden Street, a 10-space parking lot on the north side of the building and other improvements as shown on the site plans dated 1-19-21 labeled as Exhibit A (3 sheets) prepared by Arc Design Resources, Inc. and the floor plan/dumpster enclosure plan dated 1-19-21 labeled as Exhibit B prepared by Richard L. Johnson Architects as provided in the staff report, and subject to the following conditions: 1. There shall be no student drop-off or bus traffic along the access drive from E. Garden Street. All school bus and student drop off shall occur along the south side off the subject site off E. Taylor Street. 2. The petitioner shall re-stripe the parking lot, resurface the sidewalks, replace the parking lot signage, screen the trash dumpster, provide a new fire service line and fire hydrant in compliance with the Municipal Code and as shown on Exhibits A and B. Mr. Wright seconded the motion. A roll call vote was taken. Mr. Klein – Yes, Ms. O’Flaherty – Yes, Mr. Becker – Yes, Mr. Wright - Yes, Mr. McMahon – Yes, Ms. Pena-Graham – Yes, Chair Maxwell – Yes. Motion Passed 7-0-0. Planning and Zoning Commission February 16, 2021 Page 5 of 7 2. Public Hearing – A petition by Midland Trust Company requesting approval of a zoning map amendment from the “HI” Heavy Industrial District to the “PD-I” Planned Development – Industrial District and the First Amendment to the Planned Development Agreement approved by Ordinance 2019-002 for a 36.34 acre site located along the north side of Gurler Road, approximately 500 feet east of S. 1st Street. Jim Planey, owner of the subject site, advised the rezoning will offer more opportunities for development on the property, including the potential for a solar garden by SunVest Solar. Principal Planner Dan Olson went over the staff report dated 2-11-21. He noted the subject property is split into 3 different lots. He advised City Council passed Ordinance 2019-002 in 2019 which conditionally approved the rezoning of the subject site from the “HI” Heavy Industrial District to the “PD-I” Planned Development Industrial District. He stated the rezoning was contingent upon the approval of a solar energy generation facility through the State within one year. He mentioned in January 2020, City council approved a Resolution granting a one-year extension per the request of the applicant. He added SunVest Solar did not receive approval in 2020 and the ordinance did not allow for any further extensions. Mr. Olson mentioned the Mr. Planey desires to have more flexibility for lots 1 and 2, as the current agreement restricts lots 1 and 2 to a solar energy generation facility only. He stated the rezoning will allow more development options for lots 1 and 2, while still allowing a solar facility on any of the three lots. Mr. Olson stated the amended development agreement will remove the one- year time limit for State approval of a solar facility, as well as allow a solar facility or any permitted or special use in the “HI” District on all three lots. He advised the preliminary plat and plans approved for the solar facility will remain valid for two years after approval with the ability for the City Council to grant a one-year extension. Mr. Olson noted the City received a comment from Elizabeth Beller, representing Oak Properties located at 2805 S. 1st St. (west side of S. 1st St., across from Harvestore Dr.) indicating support of the rezoning. Chair Maxwell gave the public an opportunity to speak. Gary Lothson, owner of the neighboring property to the south, mentioned he attended the hearing for fact finding purposes and advised the City’s Planning and Zoning Commission February 16, 2021 Page 6 of 7 Comprehensive Plan marked his property as residential and was wondering how that fits with a neighboring “HI” zoning. Mr. Olson advised the Comprehensive Plan is being updated in 2021 and would probably be removing many residential designations including to the south of the subject site. Chair Maxwell gave the Commission an opportunity to speak. Ms. O’Flaherty clarified the petition is mainly for a modification to the agreement which was already in place and will allow all three parcels to have the solar garden and the uses and special uses in the “HI” Heavy Industrial District. Mr. Becker questioned if there is any activity at the State level regarding the solar garden. Bill French, with SunVest Solar, advised there are discussions going on at the State and noted the project was part of the Future Energy Jobs Act, which was successful, but all funding has already been allocated. He added the Act functioned on a lottery system, and unfortunately their project wasn’t chosen. He is hopeful the State will pass legislation to amend the Future Energy Jobs Act or create a similar program. Mr. Klein moved the Planning and Zoning Commission recommend approval of a zoning map amendment from the “HI” Heavy Industrial District to the “PD- I” Planned Development – Industrial District for the subject site and the approval of the First Amendment to the Planned Development Agreement approved by Ordinance 2019-002 as indicted on Exhibit A to the staff report. Mr. Wright seconded the motion. A roll call vote was taken. Mr. Klein – Yes, Ms. O’Flaherty – Yes, Mr. Becker – Yes, Mr. Wright - Yes, Mr. McMahon – Yes, Ms. Pena-Graham – Yes, Chair Maxwell – Yes. Motion Passed 7-0-0. G. REPORTS Mr. Olson advised there are two hearing scheduled for the March 1st Planning and Zoning Commission meeting. He stated the first is a special use request by US Cellular for equipment upgrades at the building at 507 E. Taylor St. He noted a special use was previously approved by City Council, but work was never completed. He noted the special use has since expired and they have to re-apply. He added staff has requested US Cellar add reflective tape to their equipment, similar to what was done by T-Mobile at the same location. Mr. Olson said the second hearing involves text amendments by the City to clear up the language in the TFR and MFR Districts. He noted the amendment will allow existing properties to apply for a special use if they don’t meet the minimum lot area requirements. Planning and Zoning Commission February 16, 2021 Page 7 of 7 Finally, Mr. Olson mentioned the next City Council meeting (February 22) will include discussions on the Nehring Electrical parking lot (1030 E. Locust St.). He advised there have been several concerns from citizens regarding the truck and semi traffic along E. Locust St. He noted the project will be up for second reading during the City Council meeting. H. ADJOURNMENT Mr. McMahon 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 6:46 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT February 25, 2021 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Special use permit for existing antennas and associated equipment on top of a 16-story building at 507 E. Taylor St. (US Cellular) I. GENERAL INFORMATION A. Purpose: To obtain a special use permit to upgrade existing cellular antenna equipment on top of an existing 16-story building B. Location/Size: 507 E. Taylor St. St./2.1 acres C. Petitioner: USCOC of Central Illinois, LLC represented by Shawn Kellis of Site Acquisition Solutions D. Existing Zoning: “RC-1” Residential Conservation District E. Existing Land Use: 16-story residential building F. Surrounding Zoning and Land Use: North: “SFR2”; Single-Family Residential South: “LI”; Single-Family Residential East: “SFR2” and “TFR”; Park and Single- Family Residential West: “SFR2” and “TFR”; Single-Family Residential and Two-Family Residential G. Comprehensive Plan Designation: High Density Residential II. BACKGROUND AND ANALYSIS On March 13, 2017 the City Council approved Ordinance 2017-014 which approved a special use permit for existing cellular antenna equipment located on top of the 16-story building at 507 E. Taylor St. (Taylor St. Plaza). The building is owned by the Housing Authority of the County of DeKalb and the equipment is owned by US Cellular. The Unified Development Ordinance (UDO) requires a special use permit for any antenna on existing non-tower structures. The existing equipment is considered a legal non- conforming use because a special use permit was never obtained. The applicant planned to perform upgrades to the antenna and associated equipment in 2017 but failed to perform the work. The UDO requires construction or operation of a special use shall commence within two (2) years of the effective date of the permit. If the work is not performed within that time frame, the special use permit terminates. The applicant, U.S. Cellular, and Site Acquisition Solutions, acting as their agent, recently submitted plans to the City showing antenna and equipment upgrades similar to what was proposed in 2017. The applicant is requesting the re-approval of a special use permit to upgrade existing cellular communications equipment on top of the building. There is a total of three carriers have equipment on top of the building. U.S. Cellular’s existing equipment is in three different areas on the roof. The proposed work includes: • Remove (1) radio cabinet • Install (2) radio cabinets • Remove (3) antennas • Install (6) antennas • Remove (6) Bias T units • Install (12) radio units • Remove (6) lines of coax • Install (3) lines of hybrid cable. The City advised the applicant of the reflective material (concealment film) T-Mobile placed on their antennas on the roof in 2018 per the special use permit they received. The concealment film is from 3M and uses light management to create a camouflage effect. The applicant was receptive and is proposing to add concealment tape on the US Cellular antennas and equipment. The concealment tape will reduce the visual impact of the antennas and mirrors the surrounding natural environment. Article 7.08 of the Unified Development Ordinance (UDO), regulates the placement, design and use of wireless communication equipment. Co-locating or upgrading existing equipment on existing non-tower structures, such as buildings require a special use. This section of the UDO also stipulates that compliance with certain criteria needs to be demonstrated by the applicant prior to approval of the special use. The criteria area addressed in the following sections of the staff report, “IV. Standards of Special Use Permit for Antenna Facilities and V. Standards of a Special Use”. Page |2 III. STANDARDS OF SPECIAL USE PERMIT FOR ANTENNA FACILITIES– ARTICLE 7.08.08 1. Points of Visual Interest Shall Be Protected. The only point of visual interest, as defined by the UDO, in the vicinity of the subject property is park property to the east and west of the subject site. The proposed upgrade to the equipment will have no impact on the park areas as the equipment is on top of an existing 16-story building and there will be concealment film added to camouflage the antennas and equipment. 2. Methods for Protecting Points of Visual Interest. As noted in standard #1, concealment film will be added to camouflage the antennas and equipment, which will help to minimize the visual effect on the surrounding area. Camouflaging of the antennas will be a combination of reflective material (concealment film) and a brick design to blend with the building. 3. Color Camouflaging of the antennas will be a combination of reflective material (concealment film) and a brick design to blend with the building. 4. Height The UDO stipulates antennas may be permitted provided it is no greater than 22 feet taller than the existing structure. The proposed antenna upgrades and replacements will be no higher than the existing equipment on the building. 5. Setbacks Adjacent to Residential Uses As the proposed antennas are existing and being upgraded, this criterion does not apply to this request. 6. Lighting The UDO stipulates that no lighting is permitted except as required by the Federal Aviation Administration (FAA). There is no lighting present or proposed on the rooftop equipment. 7. Fencing and Security Since the upgrade is for roof-top equipment, this criterion does not apply. 8. Landscaping and Screening The applicant is proposing to use print wrap film on the equipment and concealment film Page |3 on the antennas to help blend them into the surrounding environment. 9. Noise No noise generating equipment is present or proposed in relation to this request. 10. Tower Design Since this is an upgrade to existing equipment on the roof-top of the building, this criteria does not apply. IV. STANDARDS OF A SPECIAL USE – ARTICLE 14.03.05 (2) 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special use is for an upgrade to existing equipment that is co-locating on an existing building with other carriers. The property is zoned RC-1 and the proposed special use meets all the requirements of the district and Article 7.08 (Wireless Communications Ordinance) of 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. There has been antenna and associated equipment on top of the building on the subject site for many years and there is no evidence that the presence of the antennas and equipment has been detrimental to the value of other neighboring properties. In addition, the applicant is proposing to use print wrap film and concealment film on the equipment to minimize the visual effect on the surrounding area. 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 antenna and associated equipment related to the special use request are located on top of an existing 16-story building and will not dominate the immediate area and will not prevent development on the neighboring properties. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. The subject site and structure are already served with adequate utilities. Page |4 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. There has been antenna and associated equipment on top of the building on the subject site for many years and will be operated in a manner that is visually compatible with the surrounding area. The upgrade in the equipment will provide the residents of the City improved communication capabilities. The applicant is proposing to place concealment tape and print wrap film on the antennas and equipment to minimize the visual effect on the surrounding neighborhood. III. PUBLIC INPUT The City received a Citizen Response Form from the owner of the building, the Housing Authority of the County of DeKalb. The Form indicates support of the proposal. IV. 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 Special Use Permit for existing antenna and associated equipment on top of a 16-story building at 507 E. Taylor St. to allow for an upgrade of communication equipment subject to the following: 1. The antennas and equipment upgrades shall comply with the drawings dated 2-12-21 indicated on Exhibit A. 2. Panel antennas to be wrapped with 3M concealment film and 3M brick veneer wrap to match existing building. Exposed framing members on proposed gamma sector mount to be wrapped with 3M concealment film. 3. The applicant is required to submit the necessary application and plans to the City in compliance with applicable Building Codes and the regulations of Article 7.08 of the UDO (Wireless Communications Ordinance). Page |5 EXHIBIT A Communication Markets Division 3M Conceal Film ™ Product Description 3M™ Conceal Film is a new generation of 3M’s high performance non-metallic reflective film technology. Reflective over the full visible spectrum and RF-transmissive into the microwave range, 3M Conceal Film is specially formulated with an adhesive backing to provide long-life in outdoor environments and excellent UV irradiance stability. 3M Conceal Film is also optimized for glare reduction and contains a protective layer to provide abrasion resistance and permit 3M™ Conceal Film mild cleaning. Features Benefits RF transparent, non-metallic Does not affect cellular signal/RF transmission Mirror-like surface adapts to changing weather Blends antenna into its environment, no custom conditions color matching required Light scattering properties Helps reduce intensity of reflected sun glare Expected performance life of 10 years Long-term outdoor performance with minimal (unwarranted period applied to a flat, vertical, maintenance outdoor surface) Abrasion resistant coating Reduced mechanical erosion and wear Easy, even application using 3M adhesive Clean, no fuss installation technology Utilizes existing mounting hardware No change to today’s installation methods; less costly than custom solutions Product Construction/ Material Description Translucent Protective Liner 3M™ Conceal Film is constructed (remove protective liner after installation) using proprietary 3M technologies, combined to provide the ultimate in Protective Coating durable infrastructure concealment, Mirror film while maintaining ease of installation. Adhesive The core of 3M Conceal Film is a high efficiency mirror film Adhesive liner constructed of alternating polymeric layers. It achieves broad band, high reflectivity without using any metal. Protecting the mirror film is an overcoat that is field proven to provide years of UV protection 3M™ Conceal Film as well as mechanical durability and abrasion resistance. The Property Value 3M Conceal Film is anchored to Total film thickness (with temporary 16 mil (0.016 in., 0.406 mm) the object to be concealed using protective film and adhesive liner) 3M™ Controltac™ Graphic Film with Total film thickness (without temporary 7 mil (0.007 in., 0.178 mm) 3M™ Comply™ Adhesive system. This protective film and adhesive liner) highly engineered adhesive provides Construction 100% polymeric simple, initially repositionable, bubble-free application using a “dry” application method. 3M™ Conceal Film Physical Properties and Performance Characteristics Property Method Value Photopic Reflectivity ASTM E1164/E308 > 90 % Dielectric constant IEC 61189-2-721 2.80 @ 5.6 GHz Dielectric loss tangent (tan d) IEC 61189-2-721 0.022 @ 5.6 GHz Cold temperature exposure IEC 60068-2-1 -55° C Hot temperature/Dry exposure IEC 60068-2-2 70° C Hot temperature/Humid exposure IEC 60068-2-78 40°C/95% RH Adhesive Pressure activated with air release channels 3 pounds/inch, FRP (fiberglass) Adhesion (typical, 24 hours after application) ASTM D3330 7 pounds/inch, PVC Salt fog corrosion resistance ASTM B117 5% salt solution, 720 hrs 3M, Controltac and Comply are trademarks of 3M Company. Important Notice All statements, technical information, and recommendations related to 3M’s products are based on information believed to be reliable, but the accuracy or completeness is not guaranteed. Before using this product, you must evaluate it and determine if it is suitable for your intended application. You assume all risks and liability associated with such use. Any statements related to the product which are not contained in 3M’s current publications, or any contrary statements contained on your purchase order shall have no force or effect unless expressly agreed upon, in writing, by an authorized officer of 3M. Warranty; Limited Remedy; Limited Liability. This product will be free from defects in material and manufacture for a period of 12 months from the time of purchase. 3M MAKES NO OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If this product is defective within the warranty period stated above, your exclusive remedy shall be, at 3M’s option, to replace or repair the 3M product or refund the purchase price of the 3M product. Except where prohibited by law, 3M will not be liable for any loss or damage arising from this 3M product, whether direct, indirect, special, incidental or consequential regardless of the legal theory asserted. Communication Markets Division 6801 River Place Blvd. Austin, TX 78726-9000 USA Phone 1-800-426-8688 Fax 1-800-626-0329 Please recycle. Printed in USA © 3M 2017. Web 3M.com/Telecom All rights reserved. 80-6116-2051-1  CONSULTANT: PHOTO SIMULATION NOTES: 1. THESE PHOTO SIMULATIONS ARE AN INTERPRETATION OF THE GENERAL APPEARANCE OF THE PROPOSED INSTALLATION. 624 WATER STREET NORTH EACH PHOTO SIMULATION IS BASED ON THE SCALING CRITERIA PRAIRIE DU SAC, WI 53578 OR ASSUMPTIONS IDENTIFIED 608.644.1449 VOICE 608.644.1549 FAX 2. AN OBJECT OF KNOWN HEIGHT WAS NOT AVAILABLE FOR www.edgeconsult.com REFERENCE IN THE DIRECT VICINITY OF THE ANTENNA LOCATION, LIMITING RELIABILITY OF THE HEIGHT CLIENT: INTERPRETATION 3. PHOTO SIMULATIONS GENERATED USING A SIMILAR ANTENNA OF SIMILAR HEIGHT AT A SIMILAR DISTANCE; ARTISTIC INTERPRETATIONS USED TO ESTIMATE THE APPROXIMATE ANTENNA SIZE AND APPEARANCE U.S. CELLULAR 4. THE DIFFERENCE IN ELEVATION BETWEEN THE PHOTOGRAPH 8410 W. BRYN MAWR AVE. SUITE 700 LOCATION AND ANTENNA LOCATION HAS BEEN TAKEN INTO CHICAGO, IL 60631 CONSIDERATION 5. THE TOPOGRAPHICAL FEATURES BETWEEN THE PHOTOGRAPH LOCATION INTERPRETED AS BEST AS POSSIBLE. THE VISIBILITY OF THE ANTENNAS WILL BE DRASTICALLY REDUCED WITHIN AREAS OF MATURE VEGETATION AND VALLEYS AND INCREASED WITHIN LARGE OPEN FIELDS AND AT HIGHER ELEVATIONS 6. A STRUCTURAL ANALYSIS WAS NOT INCLUDED IN THE SCOPE OF WORK FOR THE INCLUDED PHOTO SIMULATIONS. EQUIPMENT AND MOUNTING DEPICTED IS FOR AESTHETIC AND LOCATION APPROVAL ONLY 7. BUILDING PARAPET HEIGHT IS NOT KNOWN AND IS INTEREPERETED AS BEST AS POSSIBLE. THE VISIBILITY OF THE ANTENNAS WILL BE DRASTICALLY INCREASED IN AREAS WITH A LOWER PARAPET WALL S. 4th STREET DEKALB CENTRAL (597333) PROPOSED U.S. CELLULAR PANEL ANTENNAS TO BE WRAPPED WITH 3M CONCEALMENT FILM AND 3M BRICK VENEER WRAP TO MATCH EXISTING BUILDING TITLE SHEET DEKALB, ILLINOIS S. 7th STREET E. TAYLOR STREET S. 6th STREET SHEET TITLE: SUBMITTAL: INT. DATE: DESCRIPTION: DGS 02/12/21 REV. 0 \\edgedc04\Active_Projects\23700\23759\Photo Sims\CAD\G-001.dgn T-901 T-902 PHOTO SIMULATION LOCATION DESCRIPTION: CHECKED BY MRM PHOTO SIMULATION 1 (T-901) PLOT TAKEN FROM DRIVEWAY NEAR THE INTERSECTION OF DATE 2/12/2021 S. 7th STREET AND E. TAYLOR STREET DISTANCE TO PROPOSED INSTALLATION: 850' PROJECT NUMBER 23759 SET PHOTO SIMS. PHOTO SIMULATION 2 (T-902) TYPE 50' 0 50' 100' TAKEN FROM THE SOCCER FIELDS SOUTH OF E. TAYLOR STREET DISTANCE TO PROPOSED INSTALLATION: 450' SHEET SCALE: 11" x 17" - 1" = 100' NUMBER G-001 22" x 34" - 1" = 50'  CONSULTANT: 624 WATER STREET PRAIRIE DU SAC, WI 53578 608.644.1449 VOICE 608.644.1549 FAX www.edgeconsult.com CLIENT: U.S. CELLULAR 8410 W. BRYN MAWR AVE. SUITE 700 CHICAGO, IL 60631 PROPOSED U.S. CELLULAR PANEL ANTENNAS TO BE WRAPPED WITH 3M CONCEALMENT FILM AND 3M BRICK VENEER WRAP TO MATCH EXISTING BUILDING PHOTO SIMULATION 1 DEKALB CENTRAL (597333) DEKALB, ILLINOIS SHEET TITLE: SUBMITTAL: INT. DATE: DESCRIPTION: DGS 02/12/21 REV. 0 \\edgedc04\Active_Projects\23700\23759\Photo Sims\CAD\T-901.dgn CHECKED BY MRM PLOT DATE 2/12/2021 PROJECT NUMBER 23759 SET TYPE PHOTO SIMS. SHEET A ACTUAL PHOTO BEFORE SIMULATION NUMBER T-901  CONSULTANT: 624 WATER STREET PRAIRIE DU SAC, WI 53578 608.644.1449 VOICE 608.644.1549 FAX www.edgeconsult.com PROPOSED U.S. CELLULAR PANEL ANTENNAS TO BE CLIENT: WRAPPED WITH 3M CONCEALMENT FILM AND 3M BRICK VENEER WRAP TO MATCH EXISTING BUILDING U.S. CELLULAR 8410 W. BRYN MAWR AVE. SUITE 700 CHICAGO, IL 60631 PHOTO SIMULATION 2 DEKALB CENTRAL (597333) DEKALB, ILLINOIS SHEET TITLE: SUBMITTAL: INT. DATE: DESCRIPTION: DGS 02/12/21 REV. 0 \\edgedc04\Active_Projects\23700\23759\Photo Sims\CAD\T-902.dgn CHECKED BY MRM PLOT DATE 2/12/2021 PROJECT NUMBER 23759 SET TYPE PHOTO SIMS. SHEET A ACTUAL PHOTO BEFORE SIMULATION NUMBER T-902 The less you see, the better it looks. 3M™ Wireless Equipment Concealment Films make wireless infrastructure blend into the surrounding environment. Rooftop Deployment 3M™ Conceal Film 3M™ Conceal Film uses light management technology to create a camouflage effect that reduces the visual impact of cellular antennas. Wireless infrastructure mirrors the surrounding natural environment, whether skies are clear, grey or partly cloudy. • Metal-free film minimizes signal loss • Long-term outdoor durability • Eliminates the need for facades like faux trees Small Cell Deployment 3M™ Envision™ Print Wrap Films LX480mC and SV480mC and 3M™ Anti-Graffiti Wrap Matte Overlaminate 8590 3M™ Print Wrap Film and Overlaminate is a printable solution that helps blend the wireless infrastructure into the surrounding built environment. • Digitally printable and conformable, making it easy to install • Resists soil, water, UV and graffiti • RF transparent (<0.5 dB insertion loss) See the difference. 3M™ Conceal Film works by reflecting an antenna’s surroundings into the viewer’s line of sight. So instead of seeing an antenna, the viewer sees an image of its surroundings. Before 3M™ Conceal Film After 3M™ Conceal Film 3M™ Print Film can be printed to match nearly any background to disguise and camouflage antennas, blending them into the surrounding environment. Before 3M™ Print After 3M™ Print Wrap Film Wrap Film 3M and Envision are trademarks of 3M. Important Notice All statements, technical information, and recommendations related to 3M’s products are based on information believed to be reliable, but the accuracy or completeness is not guaranteed. Before using this product, you must evaluate it and determine if it is suitable for your intended application. You assume all risks and liability associated with such use. Any statements related to the product which are not contained in 3M’s current publications, or any contrary statements contained on your purchase order shall have no force or effect unless expressly agreed upon, in writing, by an authorized officer of 3M. Warranty; Limited Remedy; Limited Liability. This product will be free from defects in material and manufacture for a period of 12 months from the time of purchase. 3M MAKES NO OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If this product is defective within the warranty period stated above, your exclusive remedy shall be, at 3M’s option, to replace or repair the 3M product or refund the purchase price of the 3M product. Except where prohibited by law, 3M will not be liable for any loss or damage arising from this 3M product, whether direct, indirect, special, incidental or consequential regardless of the legal theory asserted. Commercial Solutions Division 3M Center, Building 220-12E-04 St. Paul, MN 55144 USA Phone 1-800-328-3908 Please recycle. Printed in USA © 3M 2019. Web 3M.com/ConcealFilm All rights reserved. 80-6116-2064-4  SPECIAL USE PERMIT PETITION TO: City Council, City Clerk, and Mayor of the City of DeKalb, Illinois FROM: Petitioner Name(s): USCOC of Central Illinois, LLC Phone: 402-718-7287 Petitioner’s Representative:Shawn Kellis Email: shawn@siteacq.com Mailing Address: 8410 W. Bryn Mawr Ave Chicago IL 60631 Property Owner: DeKalb County Housing AuthorityPhone: Mailing Address: Email: 507 E. Taylor, DeKalb IL 60115 1. The petitioner hereby petitions the City of DeKalb to approve a Special Use Permit for the following property: A. Legal Description and Parcel Number (s) – If necessary, attach the full legal description on a separate piece of paper: Part of SW 1/4 Section 23, T 40 N, R 4 E, City of DeKalb, DeKalb County, Illinois Parcel # 08-23-361-031 B. Street Address or Common Location: 507 E. Taylor Street C. Size of Property (square feet or acres): 2.1 acres D. Existing Zoning: RC-1 E. Proposed Special Use: Equipment modifications to existing roof top communications facility F. Proposed Use and Description: On a separate document, describe the proposed use’s characteristics. Also, indicate whether or not the proposed use would: a) Prevent development and use of neighboring property; b) impact adjacent existing and future land uses; c) impact adjacent property values; d) impact the general public’s health, safety, and welfare; and e) be in conformance with all elements of the “UDO,” Unified Development Ordinance Updated: 9/2019  SPECIAL USE PERMIT PETITION Page 2 of 2 2. The petitioner hereby submits the following information: ✔ Vicinity map of the area proposed for the special use ✔ Petition fee ($500.00) 3 full size copies and an electronic copy on a disk of a site plan, which must show the following items (per the requirements of Article 14.03.03 of the UDO): ✔ Property dimensions ✔ Location and use of proposed structures ✔ Number and location of parking spaces and loading area ✔ Location and type of landscaping (including existing trees 6” in diameter or greater and existing tree masses ✔ Location, type, and height of fencing or walls ✔ Location and width of driveways and curb cuts; internal traffic patterns ✔ Floor area (square footage) ✔ Location of exterior lighting ✔ Location, type, and height of signage ✔ Direction of storm water flow, location of detention area (Note to Petitioner: A site plan for a special use permit is intended to be a schematic plan only. All plans must eventually conform to other City standards prior to the issuance of any building permits or other permits.) 3. The petitioner hereby states that a pre-application conference * was ✔ was not held with City staff prior to the submittal of this petition. *Date of pre-application conference: Those in attendance: (Note to Petitioner: A pre-application conference with staff is highly encouraged to avoid delays and help in the timely processing of this petition.) 4. The petitioner hereby agrees that this petition will be placed on the Planning and Zoning Commission’s agenda only if it is completed in full and submitted in advance of established deadlines. 5. The petitioner has read and completed all of the above information and affirms that it is true and correct. Petitioner Signature Date I hereby affirm that I am the legal owner (or authorized agent or representative of the owner – proof attached) of the subject property and authorize the petitioner to pursue this Special Use Permit petition as described above (petitioner must sign if they are the owner). Property Owner Signature Date Updated: 9/2019  Proposed Use and Description for Special Use Permit for a Roof Top Communications Facility USCOC of Central Illinois, LLC is requesting a Special Use Permit to operate a Telecommunications Facility located at 507 E. Taylor DeKalb IL. The communications facility will be unmanned except for time of service or maintenance. The facility will operate on a 24/7 basis. No employees will be housed within the facility. The facility is an existing communications facility located on top of an existing 16 story building. There will be no change in impact to the surrounding properties of future land use. The facility will improve adjacent property values by adding infrastructure to the area in increased phone and data coverage to the residents of the City of DeKalb. The facility is operated by USOC of Central Illinois, LLC which is licensed by the FCC and operates within FCC guidelines. The proposed scope of work will be to: Replace (3) existing antennas, add (3) antennas, remove (6) lines of coax, add (3) lines of hybrid cable, add (12) radio units, replace (2) enclosure cabinets. LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Monday, March 1, 2021 at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by USCOC of Central Illinois, LLC represented by Shawn Kellis of Site Acquisition Solutions for approval of a special use permit for existing antennas and associated equipment on top of a 16-story building at 507 E. Taylor St. to allow for an upgrade of communication equipment (US Cellular). The subject site has a Parcel Identification Number (PIN) of 08-23-361-031 and is zoned RC-1 Residential Conservation District with a designated land use of multi-family residential. 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 12:00 p.m. on Monday, March 1, 2021, by e-mail to dan.olson@cityofdekalb.com or the Online Public Comment Submission Form at https://www.cityofdekalb.com/FormCenter. Further information regarding the petition is available from the Community Development Department at (815) 748-2070 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT February 25, 2021 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Text Amendments to Chapter 23 of the Municipal Code - Unified Development Ordinance – (City of DeKalb). BACKGROUND AND ANALYSIS The City is proposing text amendments to Chapter 23 of the Municipal Code (Unified Development Ordinance) to allow two-family and multi-family attached dwellings not meeting the minimum lot area requirements as a special use in the “TFR” Two-Family Residential District and “MFR1” Multi-Family Residential District. Also proposed is an amendment to the “MFR2” Multi-Family Residential District to remove the allowance for a multiple-family dwelling not meeting the building height requirements to apply for a special use permit. The current language in the “TFR” and “MFR1” Districts appear to intend in allowing two-family and multiple family attached dwellings not meeting the minimum lot area requirements as special uses, however the Article references are in error. The proposed amendments will clear up the language. The current minimum lot area requirement for two-family attached dwellings is 7,000 sq. ft. and 3,500 sq. ft. per dwelling unit for multi-family attached dwellings. There are some lots in the City that are under this size, particularly in the older portions of the City. The UDO requires that when a non-conforming use of a building is discontinued or abandoned for more than six (6) months, it can only be used per the standards in the underlying zoning district. The proposed amendments will allow some non-conforming residential structures the ability to re-establish dwelling units if they do not meet the minimum lot area requirement. With the special use permit requirement, a public hearing is required, surrounding property owners are notified and the criteria for a special use in the UDO must be met in order for approval. A variance can be requested for a lot not meeting the minimum area requirements, however it can only be requested for not less than 80% of the required area. The specific amendments proposed to the UDO are as follows: 1. Article 5.03.03 by allowing two-family attached dwellings not meeting the minimum lot area requirements as a special use in the “TFR” Two-Family Residential District; 2. Article 5.04.03 by allowing two-family or multiple family attached dwellings not meeting the minimum lot area requirements as a special use in the “MFR1” Multi- Family Residential District; 3. Article 5.05.03 to remove the allowance for a multiple-family dwelling not meeting the building height requirements to apply for a special use permit in the “MFR2” Multi-Family Residential District. Currently in the “MFR2” District, a special use can be applied for if the minimum lot area cannot be met. It should be noted a variance can be applied for if a structure in the “MFR2” District will exceed the maximum building height requirement. 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 in Exhibit A of this report. Page |2  EXHIBIT A 5.03 “TFR” Two Family Residential District 5.03.01 Purpose and Intent This section contains the district regulations of the “TFR” Two Family Residential District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Ordinance, which are incorporated as part of this section by reference. This district is included for medium density residential development and other land uses which are or can be made compatible with the medium density residential nature of the district. 5.03.02 Permitted Land Uses and Developments in the “TFR” Two Family Residential District The principal type of land uses and developments intended for this district are: Single family detached dwellings; Two family dwellings legally existing on or before the date of this Ordinance (2006-090); Single family attached dwellings per 5.03.06, below. Additional permitted land uses and developments include: Accessory uses; Community Residence (small) where the residence or operator is licensed or certified by the appropriate state or local agency and where the lot line of the residence is more than one thousand (1,000) feet from the lot line of any existing community residence; Day care home; Home occupations; Passive Parks 5.03.03 Special Land Uses and Developments in the “TFR” Two Family Residential District The following land uses and developments may be permitted upon the issuance of a special use permit in accordance with the procedures and standards contained in Article 14, “Permits.” Active Parks; Bed and Breakfast; Community Residence (small) where the residence or operator is not licensed or certified by the appropriate state or local agency or where the lot line of the residence is less than one thousand (1,000) feet from the lot line of any existing community residence; Community Residence (large); Cemeteries and mausoleums; Churches; Day Care Centers in buildings constructed prior to the effective date of this Ordinance, where said buildings were designed and clearly intended for non-residential uses (1994-119); Golf courses, except miniature courses and driving tees operated for commercial purposes; 5-7  Group day care home; Parking lots, as a principal use when located within three hundred (300) feet of the use being served; Privately owned and operated recreational land uses for the sole use by a particular residential subdivision or complex in which they are located where buildings do not cover more than five (5) percent of the net land area; Public buildings used by any department 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; Public schools, elementary or secondary, or private schools having a curriculum equivalent to a public elementary or secondary school and having no rooms regularly used for housing or sleeping purposes; Public utility facilities, provided that 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; Sewage treatment facilities; Two-family attached dwellings not meeting the minimum lot size requirements of Article 5.03.04, subparagraph 1; terms of 5.04.06, subparagraph 2, below; Converted Dwellings; New two-family dwellings, but subject to compliance with the all other terms of this Article. 5.03.04 Density and Dimensional Regulations in the “TFR” Two Family Residential District 1. Minimum Lot Size: a. The minimum lot size for permitted and special land uses in the TFR District shall be as follows: Use Minimum Lot Size Community Residence (Small) 6,000 sq. ft. Community Residence (Large) 9,000 sq. ft. Day Care Homes 6,000 sq. ft. Dwellings, Single Family 6,000 sq. ft. Dwellings, Two-Family 7,000 sq. ft. Group Day Care Homes 9,000 sq. ft. b. For uses other than those listed above, the lot area shall be adequate to provide the building setbacks required by this Section and the parking, as required by Article 12, “Off-Street Parking and Loading Requirements,” but in no instance shall a lot be created that is less than 6,000 square feet (except for public utility facilities and for single family attached dwellings). 5-8  c. Any lot of record in existence, on the effective date of this Ordinance, which contains less than 6,000 square feet of land area, may be used as a site for one (1) single-family detached dwelling together with accessory structures and uses, provided the location of such dwellings satisfies the minimum setback requirements identified in paragraph 2 below. d. Lots created for public utility facilities may be less than 6,000 square feet, provided that such lots or tracts shall not be used for any other use, except that in the event the public utility facility use terminates and where the lot or tract is combined with an adjacent parcel or parcels to equal or exceed 6,000 square feet, the said lot may be used by any allowable use in the TFR district. 2. Building and Structure Setback Requirements: Except as provided for in Article 7, “Supplementary District Regulations and in Subsection 5.03.06,” the following setback requirements apply to principal buildings in the TFR district. a. Front Yard: No principal building shall be allowed within twenty-five (25) feet of any front lot line or a street right-of-way line. b. Side Yard: No principal building shall be allowed within five (5) feet of any side lot line or within a distance of any side lot line equal to ten (10) percent of the average width of the lot, whichever is less; except that no side yard shall have a width of less than three (3) feet. c. Rear Yard: No principal building shall be allowed within thirty (30) feet of the rear lot line or within a distance measured from the rear lot line that is equivalent to twenty (20) percent of the total lot depth, whichever is less. 3. Building Height Limitations: No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, except as provided in Article 7, “Supplementary District Regulations.” 4. Design Requirements: Principal structures constructed after the date of this Ordinance shall comply with the provisions of Article 7.14, Design Requirements for New Residential Construction. (2006- 090) 5.03.05 Other Development Regulations for the “TFR” Two Family Residential 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 5-9 5.03.06 Conditions of Use in the “TFR” Two Family Residential District. a. 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). b. Single family attached dwellings having a common wall along a lot line may be permitted in the “TFR,” Two Family Residential district provided the City Council approves a Special Use Permit (see Article 14, “Permits”) meeting the following criteria (1994-093): a. Not more than one dwelling unit shall be constructed on a lot. b. Not more than one dwelling unit shall be attached to another dwelling unit. c. The side yard setback from the lot line on which the common wall will be placed shall be abated entirely. All other setback requirements of the “TFR” district shall be adhered to. d. A dwelling unit on a lot with an abated side yard setback from the lot line on which the common wall will be placed shall share said common wall with a dwelling unit on an adjacent lot which shall also have an abated side yard setback from the same lot line. e. All common wall construction standards, whether existing or proposed, shall be in conformance with all building, electrical, plumbing, and other applicable codes and ordinances. f. Each dwelling unit shall be serviced with its own water line, sanitary sewer line, sump pump line, and all other utility lines and extensions. g. A minor subdivision plat shall be prepared in accordance with Article 15, “Subdivision of Land” and approved subject to a Minor Plat application. The plat shall reference a recorded common wall agreement which shall comply with the City Standard of Appendix 5-A, attached hereto and made a part of this Ordinance, and shall include a note stating that the construction on the proposed lots shall be limited to “common wall construction only.” 1) Individual lots shall have an area of not less than 3500 square feet and shall have a width of not less than twenty-five (25) feet. 2) All other setback and dimensional requirements of this Ordinance shall be adhered to. h. Covenants, Conditions and Deed Restrictions (CCR’s), which meet the City Standard of Appendix 5-B, attached hereto and made a part of this Ordinance, shall be prepared and recorded simultaneously with the Final Plat and Common Wall Agreement. An Owners Association shall be created, in accordance with Article 15.07, either through the CCR’s or in a separate document, which shall also be recorded simultaneously with the other required documents and plat. 5-10 5.04 “MFR-1” Low Density Small Scale Multiple Family Residential (2006-090) 5.04.01 Purpose and Intent This section contains the district regulations of the “MFR-1” Lower Density Small Scale Multiple Family Residential District. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Ordinance, which are incorporated as part of this section by reference. This district is intended for lower density residential development characteristic of mixed use neighborhoods and typically with buildings of fewer than eight (8) units and surrounded by a variety of other lower density residential uses. The intent of the District is also to provide for other local uses which are or can be made compatible with the low density mixed residential nature of the district. 5.04.02 Permitted Land Uses and Developments in the “MFR-1” Multiple Family Residential District (2017- 044) The principal type of land use and development intended for this district is multiple family dwellings legally existing on the date of this amendatory Ordinance 2006-090 (see Subsection 5.04.04. Additional permitted land uses and developments include: Accessory uses; Community Residence (small) where the residence or operator is licensed or certified by the appropriate state or local agency and where the lot line of the residence is more than one thousand (1,000) feet from the lot line of any existing community residence; Day care home; Single family detached dwellings; Single family attached dwellings, subject to Subsection 5.04.06 paragraph 2, below; Home occupations; Rooming House conversions, subject to Subsection 5.04.07, below; Passive Parks. 5.04.03 Special Land Uses and Developments in the “MFR-1” Multiple Family Residential District The following land uses and developments may be permitted upon the issuance of a special use permit in accordance with the procedures and standards contained in Article 14, “Permits.” Bed and Breakfast; Community Residence (small and large) where the residence or operator is not licensed or certified by the appropriate state or local agency or where the lot line of the residence is less than one thousand (1,000) feet from the lot line of any existing community residence; Cemeteries and mausoleums; Churches; Day care centers; Golf courses, except miniature courses and driving tees operated for commercial purposes; 5-11 Group day care home; Group home; Hospitals and clinics, but not including animal hospitals or clinics; Libraries; Museums; Nursing and convalescent homes and retirement centers; Parking lots, as a principal use when located within three hundred (300) feet of the use being served; Active Parks; Privately owned and operated recreational land uses for the sole use by a particular residential subdivision or complex in which they are located where buildings do not cover more than five (5) percent of the net land area; Public buildings used by any department 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; Public schools, elementary or secondary, or private schools having a curriculum equivalent to a public elementary or secondary school and having no rooms regularly used for housing or sleeping purposes; Public utility facilities, excluding communication towers. 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; Rooming House conversions, not meeting the requirements of Subsection 5.04.07, subparagraphs 1 through 9, below; Sewage treatment facilities; Two family or multiple family attached dwellings not meeting the minimum lot size requirements of Article 5.04.04, subparagraph 1; terms of 5.04.06, subparagraph 2, below; Converted Dwellings; New two-family or multiple-family dwellings, but subject to compliance with the all other terms of this Article. 5-12 5.04.04 Density and Dimensional Regulations in the “MFR-1” Multiple Family Residential District 1. Minimum Lot Size: a. The minimum lot size for permitted and special land uses in the MFR-1 District shall be as follows: Use Minimum Lot Size Community Residence (Small) 6,000 sq. ft. Community Residence (Large) 9,000 sq. ft. Day Care Homes 6,000 sq. ft. Dwellings, Single-Family 6,000 sq. ft. Dwellings, Two-Family 7,000 sq. ft. Dwellings, Multiple Family 3,500 sq. ft. per dwelling unit (1996-002) Group Day Care Homes 9,000 sq. ft. Group Home 15,000 sq. ft. Hospital 5 acres Nursing Home 3 acres b. For uses other than those listed above, the lot area shall be adequate to provide the building setbacks required by this Section and the parking, as required by Article 12, “Off-Street Parking and Loading Requirements,” but in no instance shall a lot be created that is less than 6,000 square feet (except for public utility facilities and for single family attached dwellings). c. Any lot of record in existence, on the effective date of this Ordinance, which contains less than 6,000 square feet of land area, may be used as a site for one (1) single-family detached dwelling together with accessory structures and uses, provided the location of such dwelling satisfies the minimum setback requirements identified in paragraph 2 below. d. Lots created for public utility facilities may be less than 6,000 square feet, provided that such lots or tracts shall not be used for any other use, except that in the event the public utility facility use terminates and where the lot or tract is combined with an adjacent parcel or parcels to equal or exceed 6,000 square feet, the said lot may be used by any allowable use in the MFR district. 2. Building and Structure Setback Requirements: Except as provided for in Article 7, “Supplementary District Regulations and in Subsection 5.04.06,” the following setback requirements apply to principal buildings in the MFR district. a. Front Yard: No principal building shall be allowed within twenty-five (25) feet of any front lot line or a street right-of-way line. b. Side Yard: No principal building shall be allowed within five (5) feet of any side lot line or within a distance of any side lot line equal to ten (10) percent of the average width of the lot, whichever is less; except that no side yard shall have a width of less than three (3) feet. c. Rear Yard: No principal building shall be allowed within thirty (30) feet of the rear property line or within a distance measured from the rear lot line that is equivalent to twenty (20) percent of the total lot depth, whichever is less. 3. Building Height Limitations: No building shall exceed three (3) stories or forty-five (45) feet in height, except as provided in paragraph 4 below. 4. Building Height Exceptions: By Special Use Permit (see Article 14, “Permits”), or as part of a “Planned Development,” multiple family buildings may exceed building height limitations, subject to the following building setback requirements: 5-13  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. Site Coverage Limitation: Site coverage, as defined in Article 3, shall not exceed eighty-five (85) percent of the lot area. The remaining fifteen (15) percent of the lot shall be maintained as open space, and may consist of required building setback areas, perimeter or interior parking lot landscaped area, or other yard or open spaces, provided that the surface is covered in living green plants or ground cover. (1996-002) 6. Design Requirements: Principal structures constructed after the date of this Ordinance shall comply with the provisions of Article 7.14, Design Requirements for New Residential Construction. (2006- 090) 7. Density Limitation: No building shall include more than eight (8) units. 5.04.05 Other Development Regulations for the “MFR-1” Multiple Family Residential District The following references for 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 5.04.06 Conditions of Use in the “MFR-1” Multiple Family Residential 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). 2. Single family attached dwellings having a common wall along a lot line may be permitted in the “MFR,” Multiple Family Residential district provided the City Council approves a Special Use Permit (see Article 14, “Permits”) meeting the following criteria (1994-093): a. Not more than one dwelling unit shall be constructed on a lot. 5-14  b. The side yard setback from the lot line on which the common wall will be placed shall be abated entirely. All other setback requirements of the “MFR-1” district shall be adhered to. c. A dwelling unit on a lot with an abated side yard setback from the lot line on which the common wall will be placed shall share said common wall with a dwelling unit on an adjacent lot which shall also have an abated side yard setback from the same lot line. d. All common wall construction standards, whether existing or proposed, shall be in conformance with all building, electrical, plumbing, and other applicable codes and ordinances. e. Each dwelling unit shall be serviced with its own water line, sanitary sewer line, sump pump line, and all other utility lines and extensions. f. A minor subdivision plat shall be prepared in accordance with Article 15, “Subdivision of Land” and approved subject to a Minor Plat application. The plat shall reference a recorded common wall agreement which shall comply with the City Standard of Appendix 5-A, attached hereto and made a part of this Ordinance, and shall include a note stating that the construction on the proposed lots shall be limited to “common wall construction only.” 1) Where not more than one dwelling unit is attached to another dwelling unit, individual lots on which said dwelling units are located shall have an area of not less than 3500 square feet and shall have a width of not less than twenty-five (25) feet. 2) Where more than one dwelling unit is attached to another dwelling unit, individual lots on which said dwelling units are located shall have an area of not less than 3000 square feet and shall have a width of not less than twenty-five (25) feet. 3) All other setback and dimensional requirements of this Ordinance shall be adhered to. g. Covenants, Conditions and Deed Restrictions (CCR’s), which meet the City Standard of Appendix 5-B, attached hereto and made a part of this Ordinance, shall be prepared and recorded simultaneously with the Final Plat and Common Wall Agreement. An Owners Association shall be created, in accordance with Article 15.07, either through the CCR’s or in a separate document, which shall also be recorded simultaneously with the other required documents and plat 5.04.07 Rooming House Conversions (2001-095) The intent of this legislation is to allow for the continued economic vitality of large, older rooming house structures by allowing conversion to one bedroom and efficiency multiple family units at a density that is higher than may otherwise be allowed in this District, provided that all other criteria of this District and the supplemental regulations are met. Rooming Houses exceeding 3,000 square feet in floor area, may be converted to multiple family units if the following criteria are met: 1. Rooming house must have current valid license with no previous revocation hearings. 2. Previous conversions from rooming houses to multiple family units are not eligible. 3. The population density for the proposed new units, calculated by the population equivalent charts in Article 8.02, must be seventy-five (75) percent or less of the licensed occupancy of the rooming house. 4. The building conversion must comply with all applicable building and life safety codes. 5-15 5. The building conversion must include strictly remodeling of an existing building, no expansion of the primary living space within the principal building is allowed. Accessory structures which would otherwise be allowed are permitted. 6. No new dwelling units may exceed 1 bedroom. 7. Existing multiple-family units located within the building are grandfathered in and not included as part of the density calculation, provided that no increase or expansion of those units occurs, and those units are not otherwise included in the occupancy stated in the rooming house license. 8. All legal nonconforming rights to rooming house uses are terminated. 9. All current parking regulations must be complied with as if the remodeling was a new development, including paving of parking lots. Existing parking, even if in excess of code requirements for the converted dwellings, must be maintained. 10. Special Use Permit: A Special Use Permit would be required for a conversion if any of the above criteria cannot be met, if the building is proposed to be expanded, or the proposal is for conversion of a rooming house for which the license has previously lapsed or is otherwise not in good standing with the City of DeKalb. 5-16 5.05 “MFR-2” High Density, High Bulk Multiple Family Residential District (2006-090) 5.05.01 Purpose and Intent This section contains the district regulations of the “MFR-2” Multiple Family Residential District. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Ordinance, which are incorporated as part of this section by reference. This district is intended for medium to high density residential development characterized by buildings of eight (8) units or more, surrounded by buildings of eight (8) units or more, and other local uses which are or can be made compatible with the medium to high density residential nature of the district. 5.05.02 Permitted Land Uses and Developments in the “MFR-2” Multiple Family Residential District (2017- 044) The principal type of land use and development intended for this district is multiple family dwellings (see Subsection 5.05.04). Additional permitted land uses and developments include: Accessory uses; Community Residence (small or large) where the residence or operator is licensed or certified by the appropriate state or local agency and where the lot line of the residence is more than one thousand (1,000) feet from the lot line of any existing community residence; Rooming House conversions, subject to Subsection 5.05.07, below; Active or Passive Parks. 5.05.03 Special Land Uses and Developments in the “MFR-2” Multiple Family Residential District The following land uses and developments may be permitted upon the issuance of a special use permit in accordance with the procedures and standards contained in Article 14, “Permits.” Community Residence (small and large) where the residence or operator is not licensed or certified by the appropriate state or local agency or where the lot line of the residence is less than one thousand (1,000) feet from the lot line of any existing community residence; Bed and Breakfast; Cemeteries and mausoleums; Churches; Day care centers; Dormitories; Fraternities and sororities; Golf courses, except miniature courses and driving tees operated for commercial purposes; Group day care home; Group home; 5-17 Hospitals and clinics, but not including animal hospitals or clinics; Libraries; Museums; Nursing and convalescent homes and retirement centers; Parking lots, as a principal use when located within three hundred (300) feet of the use being served; Public buildings used by any department 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. Public schools, elementary or secondary, or private schools having a curriculum equivalent to a public elementary or secondary school and having no rooms regularly used for housing or sleeping purposes. Public utility facilities, excluding communication towers. 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; Rooming houses; Rooming House conversions, not meeting the requirements of Subsection 5.05.07, sub-paragraphs 1 through 9, below. Sewage treatment facilities. Converted Dwellings; Multiple family dwellings, not meeting the requirements of Article 5.05.04, subparagraph paragraphs 1 or 4. 5-18 5.05.04 Density and Dimensional Regulations in the “MFR-2” Multiple Family Residential District 1. Minimum Lot Size: a. The minimum lot size for permitted and special land uses in the MFR-2 District shall be as follows: Use Minimum Lot Size Community Residence (Small) 6,000 sq. ft. Community Residence (Large) 9,000 sq. ft. Day Care Homes 6,000 sq. ft. Dwellings, Multiple Family 3,500 sq. ft. per dwelling unit (1996-002) Group Day Care Homes 9,000 sq. ft. Group Home 15,000 sq. ft. Hospital 5 acres Nursing Home 3 acres b. For uses other than those listed above, the lot area shall be adequate to provide the building setbacks required by this Section and the parking, as required by Article 12, “Off-Street Parking and Loading Requirements,” but in no instance shall a lot be created that is less than 6,000 square feet (except for public utility facilities and for single family attached dwellings). c. Any lot of record in existence, on the effective date of this Ordinance, which contains less than 6,000 square feet of land area, may be used as a site for one (1) single-family detached dwelling together with accessory structures and uses, provided the location of such dwelling satisfies the minimum setback requirements identified in paragraph 2 below. d. Lots created for public utility facilities may be less than 6,000 square feet, provided that such lots or tracts shall not be used for any other use, except that in the event the public utility facility use terminates and where the lot or tract is combined with an adjacent parcel or parcels to equal or exceed 6,000 square feet, the said lot may be used by any allowable use in the MFR district. 2. Building and Structure Setback Requirements: Except as provided for in Article 7, “Supplementary District Regulations and in Subsection 5.05.06,” the following setback requirements apply to principal buildings in the MFR district. a. Front Yard: No principal building shall be allowed within twenty-five (25) feet of any front lot line or a street right-of-way line. b. Side Yard: No principal building shall be allowed within five (5) feet of any side lot line or within a distance of any side lot line equal to ten (10) percent of the average width of the lot, whichever is less; except that no side yard shall have a width of less than three (3) feet. c. Rear Yard: No principal building shall be allowed within thirty (30) feet of the rear property line or within a distance measured from the rear lot line that is equivalent to twenty (20) percent of the total lot depth, whichever is less. 3. Building Height Limitations: No building shall exceed three (3) stories or forty-five (45) feet in height, except as provided in paragraph 4 below. 4. Building Height Exceptions: By Special Use Permit (see Article 14, “Permits”), or as part of a “Planned Development,” multiple family buildings may exceed building height limitations, subject to the following building setback requirements: 5-19  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. Site Coverage Limitation: Site coverage, as defined in Article 3, shall not exceed eighty-five (85) percent of the lot area. The remaining fifteen (15) percent of the lot shall be maintained as open space, and may consist of required building setback areas, perimeter or interior parking lot landscaped area, or other yard or open spaces, provided that the surface is covered in living green plants or ground cover. (1996-002) 6. Design Requirements: Principal structures constructed after the date of this Ordinance shall comply with the provisions of Article 7.14, Design Requirements for New Residential Construction. (2006- 090) 5.05.05 Other Development Regulations for the “MFR-2” Multiple Family Residential District The following references for 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 5.05.06 Conditions of Use in the “MFR-2” Multiple Family Residential 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). 5.05.07 Rooming House Conversions (2001-095) The intent of this legislation is to allow for the continued economic vitality of large, older rooming house structures by allowing conversion to one bedroom and efficiency multiple family units at a density that is higher than may otherwise be allowed in this District, provided that all other criteria of this District and the supplemental regulations are met. Rooming Houses exceeding 3,000 square feet in floor area, may be converted to multiple family units if the following criteria are met: 5-20 1. Rooming house must have current valid license with no previous revocation hearings. 2. Previous conversions from rooming houses to multiple family units are not eligible. 3. The population density for the proposed new units, calculated by the population equivalent charts in Article 8.02, must be seventy-five (75) percent or less of the licensed occupancy of the rooming house. 4. The building conversion must comply with all applicable building and life safety codes. 5. The building conversion must include strictly remodeling of an existing building, no expansion of the primary living space within the principal building is allowed. Accessory structures which would otherwise be allowed are permitted. 6. No new dwelling units may exceed 1 bedroom. 7. Existing multiple-family units located within the building are grandfathered in and not included as part of the density calculation, provided that no increase or expansion of those units occurs, and those units are not otherwise included in the occupancy stated in the rooming house license. 8. All legal nonconforming rights to rooming house uses are terminated. 9. All current parking regulations must be complied with as if the remodeling was a new development, including paving of parking lots. Existing parking, even if in excess of code requirements for the converted dwellings, must be maintained. 10. Special Use Permit: A Special Use Permit would be required for a conversion if any of the above criteria cannot be met, if the building is proposed to be expanded, or the proposal is for conversion of a rooming house for which the license has previously lapsed or is otherwise not in good standing with the City of DeKalb. 5-21 LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Monday, March 1, 2021 at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend the following articles of the UDO: Article 5.03.03 by allowing two-family attached dwellings not meeting the minimum lot area requirements as a special use in the “TFR” Two- Family Residential District; Article 5.04.03 by allowing two-family or multiple family attached dwellings not meeting the minimum lot area requirements as a special use in the “MFR1” Multi- Family Residential District; and Article 5.05.03 to remove the allowance for a multiple-family dwelling not meeting the building height requirements to apply for a special use permit in the “MFR2” Multi-Family Residential District. 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 12:00 p.m. on Monday, March 1, 2021, by e-mail to dan.olson@cityofdekalb.com or the Online Public Comment Submission Form at https://www.cityofdekalb.com/FormCenter. Further information regarding the petition is available from the Community Development Department at (815) 748-2070 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission