Planning & Zoning Commission

MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING August 27, 2014 The City of DeKalb Planning & Zoning Commission held a regular meeting on August 27, 2014 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chair Welsh called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: Adam Katz; Matthew Crull; David Castro; Deborah Nier; and Chairman Michael Welsh. Planning & Zoning Commission members absent: Roger Ruehling and Christina Atherton Also present: Derek Hiland, Principal Planner, Jared Heyn, Planning and Zoning Intern, and Pat Klein, Administrative Associate. APPROVAL OF AGENDA Chairman Welsh called for an approval of the agenda. Deborah Nier motioned to approve the agenda. The motion was seconded by Mr. Crull and approved by voice vote. APPROVAL OF MINUTES David Castro made a motion to accept the minutes of the July 16, 2014 meeting. The motion was seconded by Matthew Crull and approved by voice vote. CITIZEN COMMENTS None OLD BUSINESS None NEW BUSINESS Public Hearing on a proposal by the City of DeKalb for text amendments to articles 5, 7, 13, 17, and 19 of the City of DeKalb Unified Development Ordinance. Derek Hiland spoke of the changes needed to the UDO regarding solar energy, medical cannabis, and the retail sale of firearms and tobacco. Derek Hiland spoke first of Article 7, Supplemental District Regulations, page 7-9 regarding Home Occupations and the criteria permitting home based businesses in residential areas. The first amendment is prohibiting firearm retailers, firearm dealers, and other similar uses in residential areas. Mr. Hiland said he has received several calls requesting permission for home based retail sale of firearms which would currently prohibits the use but a change to the ordinance would support and clarify the prohibition. The addition of the word “other” was discussed. Derek Hiland then discussed changes to article 7.08, Antenna and Satellite Dish Regulations (Wireless Communications Ordinance). Proposed changes would amend same to eliminate the permitted co-locating antennas on existing towers in Industrial or Commercial Zones or on Publicly Owned property except City of DeKalb property. Currently, the colocation of adding antennas is not required to come before the Planning and Zoning Commission; this would require the colocation of additional antennas to come before the Commission. The next discussion was regarding page 7-12, number 3, adding color requirements of the wiring and all related facilities and appurtenances to match the communications antenna and number 4, the change of naming Plan Commission to Planning and Zoning Commission to match the existing name of the commission throughout the Unified Development Ordinance. Speaking to telecommunications equipment, Derek Hiland spoke of Page 7-13, paragraph 8. The amendment adds “Building or tower mounted antenna and related facilities and appurtenances shall be screened by an appropriate material which either: a) matches the building to which it is mounted (in the case of building-mounted structures); or. b) provides an alternate facade that screens the appearance of the facilities and provides a positive appearance/benefit to the public (e .g. an aesthetically appropriate analog clock tower)” to number 8, Landscaping and Screening. Mr. Hiland spoke of the amendment to Page 7-17 changing the term Plan Commission to the Planning and Zoning Commission in number 4. Hiland proceeded to Page 7-24 adding the section 7 .16, Solar Energy Systems (SES) Ordinance. This began at the Environmental Commission to aid sustainability. Derek Hiland introduced Bill Oleckno, Chairman of the Environmental Commission, who spoke regarding the change to the solar energy ordinance. Mr. Oleckno gave background concerning the ordinance change. Residents have had questions regarding solar panels that had no coverage in the current ordinance. The Environmental Commission approved the change in June, 2014. Mr. Oleckno stated the ordinance encourages adding solar energy with controls in place to avoid sub-standard installations. Mr. Oleckno said the ordinance will cover various different solar systems as well as vision obstructions and environmental impact. Mr. Oleckno and Chairman Welsh discussed similarities with the Wind Energy ordinance. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.2 PC064-14 Deborah Nier questioned who will be responsible for declaring a solar system abandoned. Mr. Oleckno thought it may require a complaint to the City from an individual unless City personnel observe the abandoned system. Chair Welsh stated the Commission will need to make notes and bring back their thoughts regarding this ordinance for further consideration. Mr. Oleckno asked if there was precedence regarding structure abandonment elsewhere in ordinance. Hiland spoke of accessory structures deteriorating, falling down, or becoming a nuisance and said that is covered by the City’s nuisance ordinance or Property Maintenance Code. Mr. Hiland then moved on to the addition of articles 7.17, Retail Sale of Tobacco and Related Products, 7.18, Medical Sale of Cannabis, and 7.19, Retail Sale of Firearms. Mr. Hiland said these initiatives are in response to direction by the City Council and calls inquiring about particular uses including medical cannabis, hookah bars, and the retail sale of tobacco and electronic cigarettes. Hiland said these proposed amendments are intended to establish permitted zoning districts and setbacks for these uses. Mr. Hiland brought attention to page 7-28 stating Retail Tobacco Stores shall be a special use in the following zoning districts: LC, GC, ORI, LI, HI and the various prohibited areas for sales of tobacco in the maps included in the backup. Chairman Welsh questioned if there were prior zoning ordinances concerning retail tobacco stores specifically. Hiland said no, there are presently no codes specifically dealing with retail tobacco stores. Chairman Welsh discussed the fact that several other convenience stores and fuel stations also sell tobacco and are not subject to the same zoning districts. Ms. Nier pointed out that retail tobacco stores are exclusively for the sale of tobacco and e- cigarettes, and are marketed to youth. Chairman Welsh asked if retail tobacco stores currently exist within these prohibited zones. Mr. Hiland said there are no current ordinances specifying retail tobacco stores; they were included in other similar types of uses. There was further discussion regarding the fact that other businesses sold tobacco and liquor and were not subject to these zoning districts. It was agreed to bring this matter back to the next meeting for further discussion and decisions. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.3 PC064-14 Mr. Hiland pointed out that this was in response to the City Council’s recent adoption of retail tobacco regulations and the Commission should determine where and how far away from other uses (the buffer) and in what districts or if there should be a special use permit required or not. Mr. Hiland next spoke of 7.18 Medical Cannabis. The City currently hasn’t any regulations in place. The proposed amendment is separated into two categories: cultivations centers and dispensaries. Mr. Hiland explained the Illinois State laws regarding the cultivation and dispensing of Medical Cannabis. He has received several calls regarding both cultivating and dispensing Medical Cannabis. Hiland referred the Commission to buffer and zoning maps in the backup material. The cultivation centers and dispensaries have different buffer zones. Mr. Hiland detailed the various sections of the new article, 7.18 Medical Cannabis. Mr. Castro discussed the restrictions in the zoning maps. Mr. Hiland spoke of various requests by callers for different sizes of businesses and his response to the callers. The zoning and buffer restrictions set by the Commission will adjust the restrictions shown in the maps. Ms. Nier asked if the requirements for Medical Cannabis buffer zones could be the same as for retail tobacco sales. Mr. Hiland said yes, they could be the same; the Commission may add or subtract restrictions as they see fit. Derek Hiland next spoke of Section 7.19, Retail Sale of Firearms. This was previously not specified in the UDO. This zoning text addition has similar restrictions to consider including buffer and zoning maps. Ms. Nier questioned the firing range restriction and asked if that would include a test firing range in a retail store. Mr. Hiland said this would need to be researched and brought to the City attorney. Chairman Welsh questioned the hours of operation for an indoor firing range. Mr. Castro asked if the Chief of Police would be able to provide feedback. Mr. Hiland said that yes, the Chief of Police has been consulted regarding this issue. The Commission discussion then focused on amendments to Article 5, Light Commercial District, and on UDO pages 5-27 where the changes proposed begins. Mr. Hiland said changes to 5.07.02 Permitted Land Uses and Developments, omits Cemeteries and mausoleums, Community Residences, and Libraries. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.4 PC064-14 Mr. Hiland said the change to 5.07.03 Special Land Uses and Developments, number 2 specifically excludes firing ranges from amusement establishments. Mr. Hiland said that number 19 adds Retail Tobacco Stores as a special use in light commercial zoning. Mr. Hiland explained the definition of a Community Residence as omitted in 5.07.02, Permitted Land Uses and Developments, for Chairman Welsh. Chairman Welsh questioned the omission of Libraries from permitted uses and the definition of library. Mr. Hiland suggested moving libraries to special uses; this will necessitate libraries to come before the Commission for a special use permit. Ms. Nier questioned cemeteries being allowed anywhere in ordinance. Mr. Hiland said cemeteries were allowed with special use permits. Mr. Hiland then spoke of moving Amusement Establishments to Special Lane Uses and Developments and eliminating Taxidermists from the General Commercial Zoning District and adding Retail Tobacco Stores. Derek Hiland moved on to adding Outdoor Patios to 5.09.03 Special Land Uses and Developments so that the Planning and Zoning Commission will need to hear each request for an outdoor patio. Mr. Hiland said proposed changes include adding Firearm Retailers I Firearm Dealers and Medical cannabis dispensaries to 5.09.04 Prohibited Uses. Next, Hiland mentioned the change of adding Firearm Retailers and Retail Tobacco Stores to 5.10.03 Special Land Uses and Developments to 5.10 "ORI" Office, Research, and Light Industrial District. Mr. Hiland spoke of the changes to 5.11.02, Permitted Land Uses and Developments, adding Firearm Retailers, Indoor Firing Ranges, Medical Cannabis Cultivation Centers and Dispensaries, and Retail Tobacco Stores to 5.11.03 Special Land Uses and Developments. Proposed changes to page 5-53 were discussed by Mr. Hiland. This eliminates “disassembly” from 5.12.02 Permitted Land Uses and Developments and moves it to special permits along with firearm dealers, firing ranges, recycling centers, medical cannabis cultivation centers and dispensaries, and retail tobacco stores. Mr. Hiland spoke of the request to change Plan Commission to Planning and Zoning Commission on pages 5-57, 5-60, 5-61, 5-62, 5-64, 5-65, 5-66, and 5-67 and on page 5-67 also changing Director of Planning to Community Development Director. There were no questions or discussion regarding these changes. Mr. Hiland mentioned the proposed change to page 13-9 that refers to Medical Cannabis signage. 082714 Planning and Zoning Commission Regular Meeting Minutes/p.5 PC064-14 Mr. Hiland spoke of the proposed change to 17.01 Developments Subject to Site Plan Review and discussed that a change in the tenant, occupant, or use of the property would require a site plan review. Derek Hiland then read the additions and changes to UDO pages 17-3, 17-4, and 17-5, and discussed the same. Proposed changes will require classifying site plans as Low Intensity or High Intensity by the Community Development Director. High Intensity applications will then come before the Planning and Zoning Commission and the City Council for either a Variance, a Special Use, a Rezoning, or a Planned Unit Development designation Mr. Hiland’s discussion moved to pages 19-1 and 19-2 changing the length of abandonment time on a non-conforming use of a parcel from one year to 90 days. Chair Welsh questioned if a seasonal business should be excluded. The Commission questioned definitions of closed or abandoned. It was agreed to review all proposed changes to the UDO, continue the public hearing, and meet again in two weeks on September 10th, 2014. Mathew Crull made a motion to continue the public hearing to September 10th, 2014. The motion was seconded by Adam Katz and approved by voice vote. Mr. Crull made a motion to adjourn. The motion was seconded by Mr. Katz. The meeting was adjourned at 8:01 p.m. Pat Klein, Recorder Administrative Associate 082714 Planning and Zoning Commission Regular Meeting Minutes/p.6 PC064-14