Planning & Zoning Commission

DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING September 10, 2014 The City of DeKalb Planning & Zoning Commission held a regular meeting on September 10, 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 6:01 p.m. ROLL CALL Planning & Zoning Commission members present: Roger Ruehling, David Castro, Adam Katz and Chair Michael Welsh. Planning & Zoning Commission member absent: Christina Atherton, Matthew Crull, and Deborah Nier. Also present: Derek Hiland, Principal Planner, Jared Heyn, Intern, and Linda Jacobson, Administrative Assistant APPROVAL OF AGENDA The agenda for the September 10, 2014 meeting was approved by voice vote. APPROVAL OF MINUTES Chair Welsh advised there are no minutes to approve as of this date. CITIZEN COMMENTS Taryn Fadden, 115 Andresen Ct., DeKalb, presented on behalf of employer regarding the public hearing tonight, particularly Amendment 7. She was approached by a site acquisition company regarding a cell tower location to improve transmission in the DeKalb area. Engineers noted her building site is the most positive location for site and has all appropriate site conditions for erection of tower. They have been working to organize plans and have initiated soil and phase 1 testing and hope to get a hearing by the end of the year. Her concerns are related to recommendations on amendments to Section 7 with changes under 7.08.08 application for special use permit for antenna facility, #8 and 8b, screening and landscaping and a facade for an analog clock tower that do not pertain to her proposal because they are more residential / commercial. There are concerns that amendment changes could impact the project; therefore, Ms. Fadden is requesting the Commission to consider grandfathering this project under the current conditions. PC077-14.docx The pole proposed is a monopole, similar to the existing pole at the Police Department. It is free standing behind the building and housed in a fenced area with a brick control building approximately 60’x60’ in an industrial / non-residential area back off the main street. The tower is 140’ with 5’ for a lightning rod. Located on the property next to her building is an AT&T tower. OLD BUSINESS None NEW BUSINESS 1. Continuation of a 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’s Unified Development Ordinance (UDO). Chair Welsh opened the public hearing noting the Commission will move through sections, motioning on items having no concerns, and notate items open to discussion, moving through them as time permits. Discussion ensued on definition changes to Light Commercial District: • Article 5.07.02, removal of #7 cemeteries and mausoleums, #10 community residences, and #20 libraries as noted on page 5-27. • Article 5.07.03, removal of #2, items excluding activities involving the discharge of firearms which are separately addressed as firing ranges as noted on page 5-28. • Article 5.07.03 addition of retail tobacco stores as a special use application as noted on page 5-29. A motion was made and approved by voice vote to accept the changes made to Article 5.07 Light Commercial District. Discussion ensued on General Commercial District with changes made to: • Article 5.08.02 removal of #3 amusement establishments, indoor and outdoor…, and #21 Taxidermists as noted on page 5-32. • Article 5.08.03 addition of #2 amusement establishments…, #11 firearm retailers…, #15 pawn shops, and #19 retail tobacco stores. Mr. Hiland explained a special use is appropriate, in some circumstances, with additional amendments or modifications to provide more leverage during review. At the original time of drafting, mega-plex facilities were not contemplated. A motion was made and approved by voice vote to accept the changes made to Article 5.08 General Commercial District. Discussion ensued on Central Business District with changes made to: PC077-14.docx Page 2 of 6  • Article 5.09.03 addition of #5 outdoor patios as noted on page 38 requiring those items come to us for discussion. • Article 5.09.04 addition of both #10 firearm retailers/dealers and #11 medical cannabis dispensary as prohibited uses. A motion was made and approved by voice vote to accept the changes made to Article 5.09 Central Business District. Discussion ensued on Office, Research, and Light Industrial District with changes made to: • Article 5.10.03 addition of #5 firearm retailers… and #10 retail tobacco stores as noted on pages 5-42 and 5-43 A motion was made and approved by voice vote to accept the changes made to Article 5.10 Office, Research, and Light Industrial District. Discussion ensued on Light Industrial District with changes made to: • Article 5.11.03 addition of #2 firearm retailers/dealers, #3 indoor firing range, #4 medical cannabis cultivation, #5 medical cannabis dispensary, and #9 retail tobacco stores as noted on page 5-49. A motion was made and approved by voice vote to accept the changes made to Article 5.11 Light Industrial District. Discussion ensued on Heavy Industrial District with changes made to: • Article 5.12.02 modification of #3 with deletion of the word disassembly, deletion of 3d “concrete”, and 5 recycling centers as noted on page 5-53. • Article 5.12.03 addition of #2 any use whose primary purpose includes the heavy manufacturing…, 2a concrete, asphalt, cement, and 2b motor vehicles and engines, #3 recycling centers, #6 firearm retailers/dealers, #7 firing range, #9 medical cannabis cultivation, #10 medical cannabis dispensary, and #14 retail tobacco stores as noted on pages 5-53 and 5-54. A motion was made and approved by voice vote to accept the changes made to Article 5.12 Heavy Industrial and 5.12.03 Special Land Uses and Development. Chair Welsh noted that beginning with Article 5.13.06, on pages 5-60 through 5-66 and 5-67 terminology has been modified from Plan Commission to Planning and Zoning Commission and Director of Planning has been modified to Community Development Director. A motion was made and approved by voice vote to accept the proposed changes to Commission and Name made to Article 5.13.06 Minimum Planned Development Site Size through Article 5.13.13 Amendments to Final Development Plan. PC077-14.docx Page 3 of 6 Chair Welsh advised this finishes, without any set asides, Article 5. Discussion ensued on Home Occupations That Are Prohibited with changes made to: • Article 7.07.03 addition of the words firearm retailers/dealers and the word other as noted on page 7-9. A motion was made and approved by voice vote to accept the changes to Article 7.07.03 Home Occupations That Are Prohibited. Discussion ensued on Permitted Uses for Co-locating antennas with changes made to: • Article 7.08.06 Permitted Uses deletion of existing towers in industrial… and replacement with the words City of DeKalb on #1 and #2 as noted on page 7-11. A motion was made and approved by voice vote to accept the proposed changes to 7.08.06 Permitted Uses for Co-locating Antennas. Discussion ensued on Application for a Special Use Permit for Antenna Facilities with changes made to: • Article 7.08.08 addition of terminology to #3 Color and #4 Height as noted on page 7-12 and #8 Landscaping and Screening as noted on page 7-13. A motion was made and approved by voice vote to accept the proposed changes to 7.08.08 Application for a Special Use Permit for Antenna Facilities. There were two ayes and two nays. The motion did not pass and will be finished up later this evening. Discussion ensued on Procedures with changes made to: • Article 7.12.03 #4 terminology has been changed from Plan Commission to Planning and Zoning Commission three times as noted on page 7-17. A motion was made and approved by voice vote to accept the proposed changes to 7.12.03 Procedures. 7.16.08 Abandonment and Removal: Mr. Hiland suggested that no number of days be specified for the inspection and noted language is being removed from Article 17 based on flux of work load, schedule and staffing. Tying the City to a specific working day could be challenging in the future. Bill Oleckno, Citizens Environmental Commission Chair, advised they have no problem with the timing for inspection. The Commission believes if something is inoperable for a year then something ought to be done about it. This speaks better to the issues and is much more practical. However, if PC077-14.docx Page 4 of 6 there is apparent damage to an installation, it would be more of a property maintenance issue and handled accordingly After working with the Environmental Commission Chair, the following substitute language has been provided and reads: • If the City receives a complaint regarding an apparent non-functioning SES it shall inspect that system. If the inspection reveals that the SES is not in good working order, and has been so for a continuous period of twelve months, the system shall be considered abandoned. The City may issue a notice of abandonment to the permit holder where the system is located and the permit holder shall be responsible for having the system completely removed from the property within six (6) months. Mr. Hiland noted additional corrections in the following sections: Section 7.16.05 System height • Page 7-25, end of line, item 1a is changed to section 7.16.04.1 • Page 7-26, paragraph under the table, last row, item D.1.a is changed to section 7.16.04.1 Section 7.16.06 System Location • Page 7-26, General, a, last line, item D.1.b is changed to section 7.16.04.2 • Page 7-26, Setbacks, b, end of first line, setback is changed to set back. A motion was made and approved by voice vote to adopt the amendments made to Section 7.16, Solar Energy System Energy, as modified to date in our discussions. Maps were distributed and discussion ensued on Article 7.17, pertaining to businesses that derive 30+% of revenue from tobacco sales and center on that industry. This initiative came out of City Council’s adoption of amended Chapter 64 on prohibition of smoking in certain areas. There are several (2-3) businesses that will be grandfathered in. A motion was made and seconded to accept the proposal for Article 7.17 Retail Sale of Tobacco and Related Products. Chair Welsh asked for a voice vote in favor of language as proposed in Article 7.17 as moved and seconded. Passed by voice vote. Discussion ensued on Signs with changes made to: • Article 13.9 Prohibited Signs, addition of #19 as noted on page 13-9. A motion to accept the addition of item 19 to Article 13.03 Prohibited Signs was made and approved by voice vote. Discussion ensued on Site Plan Review Requirements with changes made to: • Article 17.01, addition of item e as noted on page 17-1. • Article 17.02, additional language was added to #3 paragraph x and #4 was added on page 17-3. PC077-14.docx Page 5 of 6  • Article 17.04, addition of #3 as noted on page 17-5. A motion was made and approved by voice vote to accept the recommendations for Article 17 Site Plan Review Requirements as shown on pages 17-1 through 17.5 Discussion ensued on Non-Confirming Situations, Article 19.03, 19.05, and 19.06 and was tabled until the next meeting to further discuss the time frames for each section. A motion was made and approved by voice vote to continue the public hearing on Article 7 amendments to Medical Cannabis, Retail Sale of Firearms, Antenna and Satellite Dish Wireless Communication Ordinance and Non-Conforming Situations until the October 15 meeting. CONSIDERATIONS None. CITIZEN COMMENTS None. REPORTS/ITEMS FOR NEXT MEETING ADJOURNMENT A motion was made and seconded to adjourn the meeting. The motion was unanimously approved by voice vote. Chair Welsh adjourned the meeting at 8:56 p.m. Linda Jacobson, Recorder Administrative Assistant PC077-14.docx Page 6 of 6