Plan Commission Meeting
Regular MeetingUrbana, IL · November 24, 2020
Minutes
November 24, 2020
MINUTES OF A SPECIAL MEETING
URBANA PLAN COMMISSION APPROVED
DATE: November 24, 2020
TIME: 7:00 P.M.
PLACE: Zoom Webinar
MEMBERS ATTENDING Dustin Allred, Jane Billman, Andrew Fell, Lew Hopkins, Jonah
REMOTELY: Weisskopf, Chenxi Yu
MEMBER ATTENDING Tyler Fitch
AT CITY BUILDING:
STAFF PRESENT: City of Urbana (Host); Jason Liggett, UPTV Manager, Kevin
Garcia, Principal Planner; Kat Trotter, Planner I
OTHERS ATTENDING: Annie Adams, Tracy Chong, Josh Daly, C.K. Gunsalus,
Christopher Hansen, Deborah Liu, Jacob Unzicker
1. CALL TO ORDER, ROLL CALL AND DECLARATION OF QUORUM
Chair Fitch called the special meeting to order at 7:01 p.m. Roll call was taken, and there was a
quorum with all members present.
2. CHANGES TO THE AGENDA
There were none.
3. APPROVAL OF MINUTES
There were none.
4. COMMUNICATIONS
PLAN CASE Nos. 2411-PUD-20 and 2412-PUD-20
Communications received in Opposition:
• Letter from Elizabeth Cardman
• Email from Nancy Uchtmann
• Email from Esther Patt
Chair Fitch and Kat Trotter summarized the communications, all in opposition of the requested
Planned Unit Development.
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November 24, 2020
5. CONTINUED PUBLIC HEARINGS
Plan Case Nos. 2411-PUD-20 and 2412-PUD-20 – A request by CCH Development, LLC for
preliminary and final approvals of a residential Planned Unit Development at 805, 807, and
809 West California Avenue; 602 and 604 South Lincoln Avenue; 804, 806, 808, 808 ½, and
810 West Oregon Avenue under Section XIII-3 of the Urbana Zoning Ordinance.
Chair Fitch opened the continued public hearing for this case.
Kevin Garcia, Principal Planner, presented the staff report for Plan Case Nos. 2411-PUD-20 and
2412-PUD-20. Pertaining to questions from the previous meeting, he explained what can be built
on the site by-right, under the current zoning. He explained the uses and floor area ratio allowed
in the R-4 and R-7 zoning districts. He noted Table VI-3. Development Regulations by District,
footnote 14 states “in the R-4 District, the maximum floor area ratio may be increased to 0.70,
provided that there is a minimum of 2,000 square feet of lot area per dwelling unit,” and if the
developers chose to build four-bedroom units, the floor area ratio could’ve been increased by-
right on the parcels zoned R-4.
Mr. Hopkins clarified that under footnote 14, the developers could build 27 four-bedroom units,
which would be 108 total units, and floor area ratio would likely be greater than 0.50.
Mr. Weisskopf noted that the developers are using the additional floor area ratio for larger one-
bedroom apartments, rather than maximize the number of units.
Ms. Yu stated that the proposed occupancy is lower than the occupancy if they were built as four-
bedroom units.
Mr. Fell noted that in the R-7 zoning district, rooming and boarding houses are limited to 15 total
occupants.
Mr. Garcia continued, and gave a brief explanation of the traffic flow in the area and on the site.
He stated that Shannon Beranek, Public Works, noted that Lincoln Avenue sees 16,000 trips per
day, and the Planned Unit Development site would generate 22 trips at peak hours. He said Ms.
Beranek stated that consolidating the number of driveways on the site would reduce the number
of conflict points between pedestrians, bicyclists and vehicles. Mr. Garcia also explained the
relocation and widening of the sidewalk on Lincoln Avenue, as a public benefit of the Planned
Unit Development. Plans to relocate or rebuild the sidewalk are not in the City’s Capital
Improvements Plan, and there would be no widening or rebuilding of the sidewalk if the site were
redeveloped by-right. The estimated cost of the sidewalk improvements is $15,500, which does
not include the costs to the City to acquire an easement.
Mr. Fell asked if the repositioning and widening of the sidewalk would be an intent of the City for
future developments along Lincoln Avenue. Mr. Garcia clarified that the City does not have any
intent to expect repositioning or widening of the sidewalk for other developments along Lincoln
Avenue, and that this request was specific to this development.
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November 24, 2020
Mr. Garcia also stated that the proposal would go to the Design Review Board for consideration,
pending Plan Commission and City Council approval.
Mr. Fitch asked if the approval of the site plan would be affected by suggestions proposed by the
Design Review Board. Mr. Garcia clarified that any suggested design changes would not interfere
with the approval of the site plan by the Plan Commission.
Additionally, Mr. Garcia proposed a condition to require a plan for tree protection during
demolition and construction in coordination with the City’s Landscape Supervisor, to ensure that
mature trees on-site are protected.
Mr. Allred asked about the City’s policy for tree planting and removal in the City right-of-way.
Mr. Garcia stated that the City requires compensation when street trees are removed, and that
Public Works handles tree planting and removal in the City right-of-way.
Mr. Garcia concluded the staff report and stated that Jacob Unzicker and Josh Daly [the architects
working on the proposal] were present to answer questions.
Chair Fitch asked if the Plan Commission members had further questions for City staff.
Mr. Weisskopf asked if the development meets the requirements for building height and parking
in the R-4 and R-7 zoning districts. Mr. Garcia confirmed that the development meets height and
parking requirements, and all other development regulations [other than floor area ratio, for which
a waiver is requested].
Chair Fitch opened the hearing for public input and explained the procedure. He invited the
applicants to address the Plan Commission.
Jacob Unzicker and Josh Daly, representing the applicant, made a statement about the floor area
ratio and the sustainability features of the proposed development. The sustainability features
include fuel efficient vehicle charging stations, connectivity for transit, walking and biking,
bicycle parking for 100% of the building occupants, a high percentage of open space, preservation
of mature trees on-site, and infrastructure for future roof solar panels. The applicants also stated
that floor area ratio varies depending on the configuration of the buildings on the site. They said
that the building area of the proposed project is not substantially larger than the existing building
area on the site now. They noted that the proposed development would be different from rooming
or boarding houses permitted by-right, as the units will have cooking areas and bathrooms in each
one-bedroom unit. They also said that they decided to split the building area up into three separate
buildings, in an effort to make the buildings more attractive than one large building with the same
amount of area. They stated that they provided the minimum amount of parking and more than the
required amount of bicycle parking in an effort to meet the parking needs of the occupants, but
not increase the amount of traffic in the area. The project was designed for residents to walk and
bike to Campus. They stated that the proposed development will be ADA accessible and more
sustainable than the buildings on the site now. To conclude, they reiterated that floor area ratio
does not also apply well, when considering the constraints of the site, and the proposed
development was not intended to maximize the floor area ratio or occupancy on the site.
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November 24, 2020
Ms. Billman asked the applicants how they decided to build single-occupancy units. Mr. Unzicker
stated that the applicant wanted single-occupancy units, and one-bedroom units are market driven,
especially during and after Covid-19.
Mr. Weisskopf asked if the sustainability features included in this project are standard for all
developments. Mr. Unzicker stated that these are unique features, specific to this development;
these features are not any that would be expected in by-right developments. The active effort to
protect the trees on the site is not something that is done in every development. Mr. Unzicker also
mentioned that bicycle parking and fuel efficient charging stations are not typically included in
other developments.
Ms. Billman asked if a tree expert has evaluated the trees on the site. Mr. Unzicker stated that the
applicants have not consulted with a tree expert, but the applicants are amenable to the proposed
condition to implement a tree protection plan during demolition and construction. The applicants
intend to meet with the City arborist to configure the tree protection plan.
Chair Fitch invited those in support of the proposal to address the Plan Commission.
Annie Adams raised her hand to speak. She explained that she is someone who walks and bikes in
the area, and would welcome the reduction in the number of driveways on the site, and the
widening of the sidewalk on Lincoln Avenue. She stated that she is for sensible land use
development and the reduction of car parking.
Tracy Chong raised her hand to speak. She stated she lives in the West Urbana neighborhood and
is in support of the development. She appreciates that the proposed development includes large,
quality one-bedroom apartments that could welcome a more diverse group of West Urbana
neighborhood residents. She also mentioned that she is not concerned with a lack of car parking in
the area, and residents of the area walk, bike and use public transit. She is also not concerned with
a decline in property values in the area.
Deborah Liu raised her hand to speak. She stated that she is in favor of the proposal, and she bikes
through the area regularly. She mentioned the Vision Zero policy and goal passed by the City of
Urbana, that strives for zero pedestrian and bicyclist fatalities and serious injuries, and reducing
the number of driveways on the site would promote safety for pedestrians and bicyclists. She also
stated she appreciates the effort by the applicants to promote sustainability and connectivity. She
made a suggestion to the Plan Commission that the sidewalk be widened as a multi-use path to
promote safety and connectivity on Lincoln Avenue.
Christopher Hansen raised his hand to speak. He stated that he is in favor of the proposal, and that
the applicants have made significant efforts to meet the needs of the West Urbana neighborhood.
He reiterated the safety issues on Lincoln Avenue and welcomed the proposed sidewalk
improvements. He mentioned that he did not like the façade choices or the proposed sidewalk
lights, but that he would leave those comments for the Design Review Board. He also mentioned
that he lived in a similar apartment building in the West Urbana neighborhood before purchasing
a home in the area, and this project could be a stepping stone for future West Urbana
neighborhood residents. Mr. Hansen also expressed a concern for the mature trees on site and
asked that the applicants take care with the equipment they use to demolish the existing buildings
and build around the trees.
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November 24, 2020
Chair Fitch invited those opposed to the proposal to address the Plan Commission.
C.K. Gunsalus raised her hand to speak. She thanked the Plan Commission for serving and stated
that she served on the Plan Commission several years ago. She acknowledged the positive
features of the development including the parking on the interior of the site, the relocation of the
sidewalk and the protection of the trees. She requested that the applicants revise their proposal to
fit within the allowed floor area ratio for the zoning districts, 0.50. She also mentioned concerns
about the design of the buildings, but that she would leave those comments for the Design Review
Board.
With there being no further comments or questions from the public, Chair Fitch closed the public
input portion of the hearing and opened it for Plan Commission discussion and/or motion(s).
Mr. Fell stated that the intent of floor area ratio is to limit building bulk, and floor area ratio is the
most quantitative way to measure this. He stated the floor area ratio controls building volume. He
assumed that the floor area ratio of the Europa House was significantly higher than that of the
proposed development, and that the number is deceptive and not a foundational argument for
denying the proposal.
Mr. Hopkins moved that the Plan Commission forward Plan Case Nos. 2411-PUD-20 and 2412-
PUD-20 to the Urbana City Council with a recommendation for approval with the condition that a
plan for tree protection be implemented during demolition and construction in coordination with
the City’s Landscape Supervisor. City staff shall delete “or approved revisions of these plans”
and rely on the standard language. Ms. Billman seconded the motion.
Mr. Hopkins then stated that the expressed concerns are focused on the sidewalk as the public
benefit, and the floor area ratio of the proposed development. He stated that if the Plan
Commission wants separated buildings and specific types of housing, the floor area ratio will be
higher than in alternative developments. The larger floor area ratio does not equate to a
meaningful increase in the building’s bulk, or an increase in the number of bedrooms allowed. He
also stated that the public benefit of the improved sidewalk is only one of the nine criteria for a
Planned Unit Development, and the proposal achieves more criteria than just the requirement for
the public benefit.
Roll call on the motion was as follows:
Mr. Fell - Yes Mr. Allred - Yes
Ms. Billman - Yes Mr. Hopkins - Yes
Mr. Weisskopf - Yes Ms. Yu - Yes
Mr. Fitch - Yes
The motion passed by unanimous vote. Mr. Garcia noted that this case would be forwarded to
Committee of the Whole on December 7, 2020. Chair Fitch clarified that this case will go to the
Design Review Board if it is approved by City Council.
6. OLD BUSINESS
There was none.
Page 5
November 24, 2020
7. NEW PUBLIC HEARINGS
There was none.
8. NEW BUSINES
There was none.
9. AUDIENCE PARTICIPATION
There was none.
10. STAFF REPORT
There was none.
11. STUDY SESSION
There was none.
12. ADJOURNMENT OF MEETING
The meeting was adjourned at 8:22 p.m.
Respectfully submitted,
Kevin Garcia, Secretary
Urbana Plan Commission
Page 6
Agenda
URBANA PLAN COMMISSION
SPECIAL MEETING
DATE: Tuesday, November 24, 2020
TIME: 7 :00 P.M.
PLACE: Due to COVID-19, this meeting will be held via Zoom Webinar.
AGENDA
1. Call to Order, Roll Call & Declaration of Quorum
2. Changes to the Agenda
3. Approval of Minutes of Previous Meeting
4. Communications
5. Continued Public Hearings
Plan Case Nos. 2411-PUD-20 and 2412-PUD-20 - A request by CCH Development, LLC
for preliminary and final approvals of a residential Planned Unit Development at 805, 807,
and 809 West California Avenue; 602 and 604 South Lincoln Avenue; 804, 806, 808, 808 ½,
and 810 West Oregon Avenue under Section XIII-3 of the Urbana Zoning. {Please refer to
the Staff Report from the November 5, 2020 regular Plan Commission meeting.}
6. Old Business
7. New Public Hearings
8. New Business
9. Audience Participation
10. Staff Report
11. Study Session
12. Adjournment
NOTE: Please note that the details of a request or application related to an agenda item may change
during the public review process.
November 24, 2020
INSTRUCTIONS ON HOW TO JOIN THE MEETING and
HOW TO PROVIDE INPUT
Public Input and Viewing for Plan Commission Meeting on Thursday, November 24, 2020
Anyone can watch the meeting on streaming services or UPTV. You can attend virtually via Zoom
webinar if you wish to provide public input during the meeting. If you attend the meeting via Zoom
webinar, please turn off any sound from other sources such as UPTV, as there will be a lag in the
audio. The meeting will be recorded by the City as part of the record. The recorded video will be
available on the City's website by noon on the following Friday.
Providing Public Input by Email:
Staff asks that you submit your written public comments by email by 5:00 pm (Central Time) on
Monday, November 23rd to Planning@urbanaillinois.us so that it can be included as
communications and become part of the official record of the meeting. Due to the high volume of
emails, please put PUBLIC INPUT and the meeting date in the subject line.
Providing Public Input from a computer browser or the Zoom app on a mobile device:
You will be able to use a phone to call in:
• Call 1-312-626-6799.
• You will be asked to enter the Webinar ID number, which is 857 2098 4182 followed by
the # key.
• All callers are muted by default. If you wish to speak, please "raise your hand" by pressing
*9 once (this toggles the raise/lower hand option. When called on by the chair or host by
your phone number, you will be unmuted and you should state your name for the record per
city code*. When you finish speaking, the host will "lower your hand" and mute you - there
is no need to press any more buttons.
You will be able to use a computer to address the Plan Commission:
• Join the Zoom meeting here: https://us02web.zoom.us/j/85720984182
• Make sure you have a microphone on your computer if you wish to speak. Please identify
yourself with first and last name in Zoom for the record. FCC Guidelines will be followed.
• Public participants will be muted during public input. If you wish to speak, please "raise
your hand" using the option at the bottom of the screen.
• When called on by the chair or host, you will be unmuted and you should state your first and
last name for the record per city code."
• Video will remain off for all members of the public, even while they are speaking.
*Public Meetings - Ordinances No. 2011-05-033 & 2019-08-051. ILCS 120/2.06(g)
Persons with disabilities needing special services or accommodations for this meeting should contact the City of
Urbana's Americans with Disabilities Coordinator at 384-2466.
November 24, 2020
PUBLIC INPUT GUIDELINES
The City of Urbana welcomes Public Input during open meetings of the City Council, the City Council’s
Committee of the Whole, City Boards and Commissions and other City-sponsored meetings. Our goal is to
foster respect for the meeting process, and respect for all people participating as members of the public body,
city staff, and general public. The City is required to conduct all business during public meetings. The
presiding officer is responsible for conducting those meetings in an orderly and efficient manner.
Public Input will be taken in the following ways:
Zoom Webinar Participant
Click on the link listed in the agenda to join the Webinar. You must provide your name and email address in
order to join the Webinar. If you wish to speak during Public Input, “raise your hand” and wait to be called
on by the meeting host. You must state your first and last name for the meeting record. Participants will be
muted except when they are called on to speak; video will remain off for all members of the public when
speaking.
Telephone Participant
Call the phone number listed on the Agenda. Enter the Webinar ID followed by the # key. All callers are
muted by default. If you wish to speak, “raise your hand” by pressing *9 once. When you are called on by the
host or presiding officer you will be un-muted. You must state your first name and last name for the meeting
record.
Email Input
Public comments must be received prior to the closing of the meeting record (at the time of adjournment
unless otherwise noted) at the following: Planning@urbanaillinois.us. The subject line of the email must
include the words “PUBLIC INPUT” and the meeting date. Emailed public comments labeled as such will be
incorporated into the public meeting record, with personal identifying information redacted. Copies of emails
will be posted after the meeting minutes have been approved.
Written Input
Any member of the public may submit their comments addressed to the members of the public body in
writing. If a person wishes their written comments to be included in the record of Public Input for the
meeting, the writing should so state. Written comments must be received prior to the closing of the meeting
record (at the time of adjournment unless otherwise noted).
Audience Participation
Protocol for Public Input is one of respect for the process, and respect for others. Ridicule, obscene or
profane language, lack of respect for others, and personal attacks are not acceptable behavior. Public Input
shall not be used to air personal grievances. Speakers should address all comments to the public body as a
whole and not to individual members or City staff.
Public comment shall be limited to no more than four (4) minutes per person. The Public Input portion of
the meeting shall total no more than one (1) hour, unless otherwise shortened or extended by majority vote of
the public body members present. The presiding officer or the city clerk or their designee, shall monitor each
speaker's use of time and shall notify the speaker when the allotted time has expired. All public comments
should be addressed to the public body as a whole. A person may participate and provide Public Input once
Persons with disabilities needing special services or accommodations for this meeting should contact the City of
Urbana's Americans with Disabilities Coordinator at 384-2466.
November 24, 2020
during a meeting and may not cede time to another person, or split their time if Public Input is held at two (2)
or more different times during a meeting. The presiding officer may give priority to those persons who
indicate they wish to speak on an agenda item upon which a vote will be taken.
The presiding officer or public body members shall not enter into a dialogue with citizens. Questions from
the public body members shall be for clarification purposes only. Public Input shall not be used as a time for
problem solving or reacting to comments made but, rather, for hearing citizens for informational purposes
only.
Accommodation
If an accommodation is needed to participate in a Plan Commission meeting, please contact the Planning
Division staff at least 48 hours in advance so that special arrangements can be made using one of the
following methods:
• Phone: 217.384.2440
• Email: Planning@urbanaillinois.us
*In order to maintain reasonable decorum at a meeting, the presiding officer or any member of the public
body may call a speaker “out of order”. The presiding officer of the meeting shall have the authority to
provide a verbal warning to a speaker who uses abusive, harassing, threatening, or defamatory language, or
who engages in disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of a
meeting. If the speaker refuses to cease such remarks or conduct after being warned by the presiding officer,
the presiding officer shall have the authority to mute the speaker’s microphone and/or video presence at the
meeting. The presiding officer will inform the speaker that they may send the remainder of their remarks via
email to the public body for inclusion in the meeting record.
*Definitions of Types of Language and Conduct That May Warrant Verbal Warning:
“Abusive” means harsh, violent, profane, or derogatory language which would demean the dignity of an
individual or which is intended to humiliate, mock, insult or belittle an individual.
https://www.lawinsider.com/dictionary/abusive-language
“Harassing” means to annoy or bother someone in a constant or repeated way; to make repeated attacks on
another person.
https://www.learnersdictionary.com/definition/harass
“Threatening” means to say that you will harm someone or do something unpleasant or unwanted especially
in order to make someone do what you want.
https://www.learnersdictionary.com/definition/threaten
“Defamatory” means a statement or communication that tends to harm a person's reputation by subjecting
the person to public contempt, disgrace, or ridicule, or by adversely affecting the person's business. A
statement that is likely to lower that person in the estimation of reasonable people and in particular to cause
that person to be regarded with feelings of hatred, contempt, ridicule, fear, or dislike.
Black's Law Dictionary (11th ed. 2019)
Citations that Authorize the Presiding Officer to Bar Offensive Language During Public Comment:
Persons with disabilities needing special services or accommodations for this meeting should contact the City of
Urbana's Americans with Disabilities Coordinator at 384-2466.
November 24, 2020
The following citations provide the legal basis for adopting UCC Section 2-5(b)(1)(d) that allows the presiding
officer of a City Council, Committee of the Whole, or a City-sponsored board or commission regulate
“abusive, harassing, threatening, or defamatory language” during public comment. The following Attorney
General binding opinions and case law essentially classify abusive, “harassing, threatening and defamatory
language as “manner”, not “content”, of speech that can be reasonably regulated under the First Amendment.
UCC Section 2-5(c) (Ordinance No. 2020-09-049. Attorney General binding opinion numbers 2019 PAC
59187, 2018 PAC 55462, 2016 PAC 45349;
Milestone v. City of Monroe, Wisconsin, 665 F.3d 774, 783-784 (7th Cir. 2011); Vega v. Chicago Board of
Education, 338 F.Supp.3d 806, 811 (N.D. Ill. 2018); Sandefur v. Vill. of Hanover Park, 862 F.Supp.2d 840, 847
(N.D. Ill. 2012); I.A. Rana Enterprises, Inc. v. City of Aurora, 630 F.Supp.2d 912, 920-923 (D.C. N.D. 2009).
Persons with disabilities needing special services or accommodations for this meeting should contact the City of
Urbana's Americans with Disabilities Coordinator at 384-2466.
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