Planning & Zoning Commission

PLANNING AND ZONING COMMISSION REGULAR MEETING DEKALB MUNICIPAL BUILDING CITY COUNCIL CHAMBERS 200 SOUTH FOURTH STREET WEDNESDAY – MAY 27, 2015 - 6:00 P.M. MICHAEL WELSH, CHAIR CALL TO ORDER ROLL CALL APPROVAL OF AGENDA (Additions or Deletions) APPROVAL OF MINUTES (February 25, 2015 | March 11, 2015 | April 15, 2015 | May 13, 2015) CITIZEN COMMENTS (OPEN FLOOR TO ANYONE W ISHING TO SPEAK ON RECORD) OLD BUSINESS 1. Continue Public Hearing on rezoning request by Dan Sears on behalf of D-N-J Properties, in order to convert the existing rooming house on 534 College Avenue into single and double occupancy apartments. The rezoning request would allow for the owner to renovate the existing 18 room licensed rooming house into 2-one bedroom apartments and 9-studio apartments with modern amenities. 2. Continue Public Hearing on a Special Use Request by James Mason, owner of 1888 State Street to allow a vehicle tow / storage yard on the subject property. NEW BUSINESS 3. Public Hearing on rezoning request by Dan Sears on behalf of D-N-J Properties, in order to: 1) convert the existing building on 534 College Avenue into single and double occupancy apartments or 2) legally establish the property as an 18-room licensed rooming house. CONSIDERATIONS (NONE) FUTURE CONSIDERATIONS (NONE) REPORTS / ITEMS FOR NEXT MEETING ADJOURNMENT Assistive services will be provided upon request PZC050-15  DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING February 25, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on February 25, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Welsh called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: Christina Atherton, Roger Ruehling, Matthew Crull, David Castro, Deborah Nier, and Chair Welsh. Adam Katz was absent from the meeting. Also present: Derek Hiland, Principal Planner, Jared Heyn, Administrative Intern, and Linda Jacobson, Administrative Assistant. Also in attendance were Keith Nyquist, Park District Board Liaison, Steve Irving and Dawn Harper of Irving Construction and Steve Cichy of Oak Crest Retirement. APPROVAL OF AGENDA Ms. Atherton motioned to approve the February 25th agenda. The motion was seconded by Mr. Crull and approved by voice vote. Chair Welsh noted that Item 2, worksession with Chris and Mike Carpenter, was deleted from the agenda for presentation at a future date. APPROVAL OF MINUTES Ms. Atherton motioned to approve the minutes of the January 7, 2015 meeting. The motion was seconded by Mr. Crull and approved by voice vote. CITIZEN COMMENTS None OLD BUSINESS None NEW BUSINESS None CONSIDERATIONS Worksession with Steve Cichy, Oak Crest Retirement Center’s Executive Director, and Irving Construction regarding the Oak Crest Complex (2944 Greenwood Acres Drive), and their interest in rezoning the property to add an addition to the main building and correct zoning district inconsistencies elsewhere on the retirement campus. Mr. Cichy, Executive Director of Oak Crest since 1980, provided a history on the chronology and growth of the campus (A Look Back, page 16 of backup). Seventy percent of the residents come from within a twenty-five mile radius and the remainder relocates to be near family. Oak Crest is currently looking to further develop the 30 acre parcel. Over the years, the PUD has been amended and the campus now consists of 120 independent apartments, 36 duplex units, 30 personal care apartments, and a 73 bed nursing facility. The proposed fifteen month project, commencing in June 2015, will create 24 additional independent apartments, a wellness wing complete with indoor parking, an additional dining venue, an exercise room, and swimming pool. Oak Crest’s current rec center has been accredited by peer review and has been in existence for twenty years with eighty + members today. Mr. Cichy presented plans to the Commission advising everything is under one roof connected by a one story corridor to the three story housing building. A new elevator in the existing building will provide access to the exercise area. The project is entirely funded by Oak Crest’s capital. Steve Irving of Irving Construction, project manager, advised that calculations were completed by a civil engineer to double the size of the pond routing water flow to the south side of the detention pond. Hydrants exceed code requirements, the building is sprinklered, and concrete will be used to provide the highest fire rating. All trash, condensers, and chillers will be out of view, screened with a berm created with excess soil. An additional generator will be added for backup needs. Amenities including a Starbucks, fireplace, bistro café, fitness trainers, massage services, patios, 9-10’ ceilings, individual HVAC and hydronic heat in units will make the final project a step above, comparable to the Del Webb community in Huntley. Mr. Cichy noted access roads to the campus are off Bethany and Oakland roads. Oak Crest, although adjacent to the hospital, does not plan to connect with a road. The facility does not want an overflow of hospital discharge traffic creating unwelcome traffic for residents. There are four major entrances to the facility with door #4, near the apartments and parking, getting the most use. Mr. Hiland stated that the purpose of the worksession is to learn more about the proposal. A public hearing will be held in the future to present a rezoning request to the Commission. Eighty percent of the campus is zoned PD and twenty percent is MFR; any change requires an amendment to clean up zoning district’s inconsistencies. COMMISSIONER COMMENT Chair Welsh thanked the presenters and advised Oak Crest will be back on March 25, 2015. REPORTS/ITEMS FOR NEXT MEETING Mr. Hiland advised March 11 will be the first of the meetings to go through the University Village zoning request and may be continued to another evening. ADJOURNMENT A motion was made to adjourn the meeting. The motion was seconded and passed by voice vote and the meeting adjourned at 6:49 p.m. Respectfully submitted, Linda Jacobson, Recorder Administrative Assistant  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING March 11, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on March 11, 2015 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: Christina Atherton; Roger Ruehling; David Castro; Deborah Nier; and Chairman Michael Welsh. Planning & Zoning Commission members absent: Matthew Crull and Adam Katz. 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. Chris Atherton made a motion to approve the agenda. The motion was seconded by Roger Ruehling and approved by voice vote. APPROVAL OF MINUTES There were no minutes CITIZEN COMMENTS None OLD BUSINESS None NEW BUSINESS Open and continue a public hearing on the rezoning request from MFR (Multiple Family Residential) to PDR (Planned Development Residential) and approval of preliminary and final development plans for the University Villages PUD at 722 North Annie Glidden Road in DeKalb. Derek Hiland said that there was a request made by the petitioner to continue this item to the next meeting on March 25, 2015. Chris Atherton made a motion to continue this to March 25, 2015 at 6:00 p.m. David Castro seconded the motion. It was approved by voice vote. The second item was a Consideration and Approval of the 2015 Official Zoning map of DeKalb. Derek Hiland explained that this is an annual requirement of the Illinois Statute. The updated map reflects a correction to the General Commercial area. There is also a rezoning by University Plaza reflected. There were no annexations. Mr. Castro asked if this map is available in high resolution to any citizen upon request. Mr. Hiland said that yes, it is available. Chair Welsh questioned the Finance notation near the City logo. Mr. Hiland said that Information and Technology is now part of the Finance Department. Chris Atherton made a motion to approve the 2015 Official Zoning map of DeKalb. Deborah Nier seconded the motion. It was approved by voice vote. REPORTS/ITEMS FOR NEXT MEETING Derek Hiland spoke of the next week’s agenda including the continuation of the Public Hearing request by University Village; a hearing on the special use permit for a cellular communications tower at 1472 Barber Greene Road; a request for rezoning for the Oak Crest Retirement Center at 2944 Greenwood Acres Drive to Planned Development to allow for an expansion; and a request to rezone 150 North Sixth Street and 625 East Lincoln Highway for a Skateboard Training Facility. Mr. Castro questioned if the cell phone tower on Barber Greene Road was related to the ongoing hearing on the South Seventh Street cell phone tower. Mr. Hiland said that no, it was not. Mr. Hiland asked for the commission members to let him know who would be available for a special meeting on April 22, 2015 to accommodate additional items coming up. ADJOURNMENT Ms. Atherton made a motion to adjourn. The motion was seconded by David Castro and approved by voice vote. The meeting was adjourned at 6:13 p.m. Pat Klein, Recorder Administrative Associate 031115 Planning and Zoning Commission Regular Meeting Minutes/p.2  DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING April 15, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on April 15, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Atherton called the meeting to order at 6:10 p.m. ROLL CALL Planning & Zoning Commission members present: Roger Ruehling, Matthew Crull, Adam Katz, Christina Atherton, David Castro and Chair Welsh. Also present: Derek Hiland, Principal Planner, Jared Heyn, Administrative Intern, and Brenda Hart, Administrative Assistant. Also in attendance were Attorney Dean Frieders, Fire Chief Hicks and Ellen Divita, Community Development Director APPROVAL OF AGENDA Mr. Castro motioned to approve the April 15th agenda. The motion was seconded by Mr. Katz and was approved by voice vote. APPROVAL OF MINUTES Chair Atherton noted that a correction needs to be made to the February 11th meeting minutes. Her name was spelled Allerton several times and should be changed to Atherton. Mr. Crull motioned to approve the February 11th minutes with changes, seconded by Mr. Castro and approved by voice vote. CITIZEN COMMENTS Bessie Chronopoulos, DeKalb, IL - Ms. Chronopoulos said that it was brought to her attention that the Planning and Zoning Commission was asked to participate in a joint meeting with the City Council and understands that the Planning and Zoning Commission declined. She wants to know why. Chair Atherton responded that she isn’t aware of what is being referred to. OLD BUSINESS 1. Continue a Public Hearing to consider a request by Central States Tower II, LLC, on behalf of James Hovis, for a special use permit (SUP) to erect a new 140 foot cellular communications antenna to be located on property at 1300 South Seventh Street DeKalb, Illinois which is currently zoned Light Industrial (LI). Staff Comments Mr. Hiland noted that sixty days ago this item was before the Planning and Zoning Commission. The intention for allowing the sixty additional days was to allow Central States Tower or Verizon to continue the colocation process on the AT&T tower located seven hundred and fifty feet to the southwest of the proposed new tower location at 1300 S Seventh Street. It was anticipated the applicant would be in attendance in order to share the status. Mr. Hiland indicated a representative PZC051-15 April 15 Minutes 1|Page of Central States Tower is not present at the meeting also noting that he attempted to reach out to the applicant. Upon failure to reach anyone with Central States Tower he instead contacted the AT&T tower representative and spoke with him. Mr. Hiland said there are twenty steps for co-location on an AT&T tower. Previously they were at step four. Thomas Wilson, the AT&T representative, indicated he met the Central States Tower representative on site, walked the site and had discussion agreeing to terms indicating progress being made. Mr. Wilson said they are in between steps six and seven noting that seven, eight and nine are done concurrently and are all at the responsibility of their client. Mr. Hiland asked how long the process typically takes. Mr. Wilson replied that it’s client dependent. Mr. Hiland reiterated attempts to reach the attorney and the applicant over the last sixty days have failed. Public Hearing Chair Atherton opened the Public Hearing David Lehman, 621 Karen Ave – Mr. Lehman presented a power point presentation chronicling the history of the petition of Central States Tower to place a new 140’ cell tower at 1300 S Seventh Street giving his opinion that the petition should be denied due to lack of following correct procedures and the inability to fulfill requirements. Neighboring property owner #1, “Wants to say thank you to David Lehman for giving such a good picture of what has transpired” Property owner #1 lives across from the proposed site and asks that the Commission take their concerns seriously and act in the best interest of the citizens of DeKalb. Linda Liston, 1117 Gifford Street – Ms. Liston expressed being thankful to live in a country that allows free speech. Ms. Liston gave her opinion that there was some bias on the part of the Commission and thanked Mr. Lehman for looking up codes, etc. She said she wants to feel confident that the Commission is acting ethically. Ms. Liston said she is against the proposed tower and asks that the Commission deny the request. Donna Larkin, 432 Karen Ave – Ms. Larkin expressed her disappointment at the length of time this process has taken even though the applicant had not followed the process. She said this petition should be denied, also indicating her opinion is that the co-location on the AT&T Tower would be the best option. Ms. Larkin also expressed dismay over the perceived conflict of interest for Chair Welsh. Chair Atherton closed the Public Hearing. Attorney Frieders noted that the staff recommendation has been a negative recommendation from the start but still allowed the applicant to pursue the process. Mr. Frieders reiterated the staff recommendation to deny the request for a special use permit for the 140’ tower. Mr. Crull noted his frustration with the process as well but said he believes the Commission allowed Central States Tower to continue the process to the end the community would be able to get the best cell coverage possible and not at all as some perceive, because of a business bias. Mr. Castro agreed with previous comment also expressing thankfulness for being able to speak freely about issues pertaining to the public. Mr. Castro noted that the process has taken a very long time but said, from his point of view, the petitioner is offering something we all want. Mr. Castro said our citizens could possibly be asking for the City to make a way for better cell coverage happen. He pzc051-15 april 15 minutes Page 2 of 11 noted the Commission’s willingness to show flexibility indicates we are willing and wanting to do business. Mr. Castro said even though he wants to be willing to accommodate and be flexible with the applicant, he is still inclined to deny the request. Mr. Katz echoed all other comments and stated that he’s on board to deny the request. Mr. Ruehling indicated his patience has been exhausted with the process. Chair Atherton expressed her frustration as well with the petitioner’s lack of following the process. She noted she had voted no to continuing the process at the March 25th meeting and will do the same tonight. Mr. Castro made a motion to deny the petition for a special use permit for Central State Towers to erect a cellular tower in an Industrial zoned area. The motion was seconded by Mr. Katz. Roll call vote Ruehling– yes, Crull – yes, Castro – yes, Katz – yes, Chair Atherton – yes. 2. Continue a Public Hearing on a rezoning request from “MFR" Multi-Family Residential, to “PD- R” Planned Development Residential, and approval of preliminary and final development plans for University Village PUD, 722 North Annie Glidden Road, DeKalb Chair Welsh opened the Public Hearing Staff Comment Attorney Frieders informed said what is being contemplated is the rezoning from MFR – Multi- Family Residential to PDR-Planned Development Residential allowing the density to remain as it is currently. Mr. Frieders said the question before the Commission is not what the future of the property is or what the ideal solution is if the Commission were considering the property as a blank slate. The narrow question that’s before the Commission is whether the City Council should adopt an ordinance that changes the status of the property from a legal non-conforming zoning status to a residential planned development status that, in essence, codifies in place the property as it sits into perpetuity. Mr. Frieders made note in order for the petitioners to move forward with their financing it is necessary for the rezoning take place. This development is unique and requires particular consideration of fire and building concerns due to the density. Fire Considerations – Mr. Frieders noted that the last fire within the City of DeKalb occurred at this location. 1. Fire Sprinklers - Fire sprinklers would most likely not be required even if the complex were built today. He indicated there would be problems implementing them. 2. Fire alarm system – The City has requested a fully monitored fire alarm system. There are three different phases to the development. The petitioner has provided the plan for fire alarms of different natures for different phases which have been reviewed by staff and which are a significant upgrade to what is currently present. 3. Mr. Frieders noted we have not seen prints for the buildings so can’t comment on the fire rated doors just yet. The petitioner has agreed to place fire extinguishers in the kitchens of each unit. 4. Knox boxes – There will be knox boxes for emergency responders. 5. Fire walls – Fire walls have been requested between units. pzc051-15 april 15 minutes Page 3 of 11 Planning Issues – Mr. Hiland went through the list of planning issues. 1. Ground mounting of air conditioner condensers. Security Properties has agreed to mount on the ground. 2. Staff and petitioners walked the site determining levels of low lighting and addressed the need for new lights or new levels for lighting to offer a more consistent level line. 3. Landscaping – At present the property is heavily landscaped. New CPTED standards will be implemented on the property coming up with a new design that will allow for crime prevention. 4. Pathways – Cowpaths have been created by foot traffic which indicates where walkways are needed. There is a plan for placement of sidewalks. 5. East property boundary abuts Welsh Park. The recommendation is to put a 5’ fence to create a distinguishable property line between the two. 6. Dumpster enclosures – At present some have doors, some don’t, some have three sides. This needs to be addressed. 7. Density and the parking standards - Parking banking may be used which means there is a parking plan for the future which would meet the needs of the ordinance but possibly not today, at a time it is not needed. 8. Bus Shelters – Need to evaluate locations. 9. Bike Racks – Need to add bike racks for the security of the bikes. 10. Site Plan for Community Center 11. Park Improvements 12. Tot lot 13. Removal of pool and adding a splash park 14. Community space - The City has asked future buyers to allow space for social service agencies. 15. Note and review where snow should be piled. Building Issues – Mr. Frieders said residents expressed their concern over the condition of their homes at the two public meetings, one held at the community center and one held at the church. Following is a list to address many of those concerns: 1. HVAC systems will be replaced addressing inefficiencies. 2. Water heaters will be replaced. If they have been replaced recently and a building permit was obtained when it was replaced they will be able to be used. 3. Pre-work walk-throughs with city staff will need to be scheduled for all units to determine what work needs to be done. City staff has already been invited into many of the homes to address the conditions. 4. Sump pumps will be evaluated and brought into alignment with code. 5. Windows, doors and roofs - All will be replaced within an eighteen month window pursuant to obtaining a building permit. 6. Water lines and gas service lines – Safety measures will be installed on water heaters. One main concern is moisture levels. The building envelope will be looked at and addressed. Will make sure the bathroom ventilation is in order. If mold is found a mold remediation company will be brought in to address it. pzc051-15 april 15 minutes Page 4 of 11 Police Issues 1. Make security camera improvements on site. Some of the cameras are still and some have movement. A map was provided indicating which cameras are existing and which are proposed. 2. Put Police access agreement in place to patrol common areas. 3. Provide private security to patrol the parking lot. Close the parking lot during high traffic times. 4. The management company will be made available to review security policies such as no trespass warnings etc. 5. Door rehabilitation - Install storm and sliding door replacements. Install weather stripping and provide dead bolt locks. The variances being considered are the following: 1. Lot size – density 2. Parking Ratio 3. Lighting – fixture height and maximum illumination 4. Signage – Intent is to keep 5 ground levels signs. The UDO only allows one ground sign. 5. Landscaping 6. Variance for numerous buildings on one parcel 7. Setbacks Aaron Reinke, attorney for Security Properties – Mr. Reinke wants to stress that Security Properties have agreed with many of the requests of the City thus far, improvements that will better the property. He said Security Properties is willing to invest fourteen million dollars in the community. Steve Teselle – 701 Fifth Ave., Seattle WA, Mr. Teselle said Security Properties is seeking a Planned Development Designation for University Village and stressed that timing is becoming an issue as the application has been in for several months. Mr. Teselle indicated the petitioners would like to receive a vote from the commission in order to keep them moving forward and able to obtain the needed financing. He said the rezoning is needed in order to obtain financing and so that residents are not displaced in the instance that there is a catastrophic event. Mr. Teselle touched on all seven points for the request for variance again giving Security Property’s plan for each. Mr. Teselle said one of the main outstanding items is the upgrade to the fire alarm systems. Present now in Phase I and II are battery powered smoke detectors in the units as well as in the common areas. In phase III there is a more robust fire alarm system that includes fire panels in each building but it is not a monitored system. At present if one of the alarms is triggered the fire department is not notified. The proposed system is a ten year tamper proof smoke detector system. A pull station will be installed at each entry way to serve a pod of four units. Audio visual alarms would be installed as well. Those will tie into a central fire alarm panel per building. If the pole station or fire alarm panel is triggered the fire station would be notified. In the townhome units without the common entry way a hard wire interconnected system would be installed. Phase three - retrofit to be a monitored system. Chair Welsh asked about the parking being undersubscribed and asked how they presently issue parking permits. Mr. Teselle said currently they give one permit per adult with only two hundred and fifty haven been given out. Polly Kuehl, 2320 Central, Evanston IL - Ms. Kuehl talked about a similar renovation, Buena Vista pzc051-15 april 15 minutes Page 5 of 11 Apartments and Townhomes in Elgin, originally called The Mill. It was an area that had deteriorated, had high crime and was isolated from a lot of the community services. It had a very poor reputation. In 2003 the ownership changed; it was rehabbed and there was a management change. Seven million in rehab dollars were put into it and it was rebranded with a new name in order to give it a new start. They worked with police, added cameras, allowed police to live on site for a time, added a community services worker on site, implemented new house rules, parking standards and improved the playground and lighting. They wanted to re-establish the property in a positive light. The change has been able to be maintained. Ms. Kuehl emphasized the key to long-term success is how well the property continues to be managed and maintained noting that after twelve years Buena Vista townhomes are in significantly better shape than when they purchased it. Public Comment Tiara Huggins, University Village Tenant’s Association - Ms. Huggins expressed the association is in favor of the proposal of Security Properties noting that Security Properties understands the concerns of equality and growth that University Village faces. She expressed excitement at the prospect of working together toward improvement for University Village through building relationships with service agencies. Tiara said she wants to thank local agencies for coming out to meet with the residents. Tiara said approval of the zoning will help continue the process of building relationships in the community and bringing resources to the residents. The Tenants Association believes Security Properties is the best to help them move forward. Niki Cox – Ms. Cox said she thinks the pros and cons should be weighed expressing her opinion that the purchase by Security Properties, in her opinion, would be a downgrade. Ms. Cox had several questions for the petitioners. Q. Do current owners want to sell the property? A. Bryon Gongaware, Security Properties – At present they are under contract with the current owners. Mr. Frieders said the focus of the meeting should be related to the zoning considerations. The questions regarding the units could be addressed at a tenant’s meeting. Chair Welsh indicated direction to allow the public to speak about their concerns. Q. Where would the money go if the current ownership is improving units? A. Mr. Gongaware said he can’t answer any more than saying they have a wide program focused on improving the interiors of every unit, exteriors. Q. If there is a tornado where would you put my family? A. Mr. Gongare replied Security Properties is not the owner and can’t answer that except to say if a tornado hit, at present, the buildings would not be able to be rebuilt as is. Q. Are willing to put what you’re willing to do in writing. A. Security Properties is working in conjunction with the City to make an executable development agreement to outline all of the items of the plan. The document will be part of the P.U.D. process. Q. Will Security Properties leave the present amenities alone, such as the pool, basketball court, etc. A. Mr. Gongaware said they will add amenities for the greater good. Q. Why do we need a security booth? A. The City said it would be good for the community to have a place for the Police to be after hours and are wanting to encourage police patrol of the property. pzc051-15 april 15 minutes Page 6 of 11  Q. Will there be a gate? A. There will be a fence to distinguish line between Welsh park and University Village. Valarie Redmund – Ms. Redmund stated that she is in favor of the Security Properties and Evergreen Management proposal because they’ve responded to the City’s requests and have also reached out to the Tenant’s Association. Ms. Redmund said she thinks it’s time for a change. Kevin Hannon – 930 Greenbrier Rd – Mr. Hannon indicated he’s a member of the community and works with the Tenants Association and asked that they approve the proposed zoning. Mr. Hannon said he likes Security Property’s commitment to make the changes that are necessary expressing the community center will be a huge help, allowing them to bring in services to better the lives of the residents. David Gersic – After listening to the presentations wants to encourage approval of the change. Jeff Crane – Northbrook IL – Mr. Crane represents the current owners. Mr. Crane gave the history of the property indicating he was developed by Mr. Crane’s father, Joe Katz and Ralph Michaelson in the 60’s and 70’s. Mr. Crane said the three developed properties that have stayed great partners with DeKalb through the years. Mr. Crane indicated that now ownership is made up of estates of estates who have decided it is time to liquidate causing them to search for a purchaser. He said fifteen proposals were received, contacting nine for a second evaluation. Four final proposals were made to them. Current owners had in depth conversations with the property purchaser and it was clear that Security Properties was the right purchaser as they have done similar rehabs dozens of times around the county. Current ownership reached out to those who have done business with Security Properties and got only good reports. Brooke Lawrence – Ms. Lawrence has been working with the University Tenant’s Association and wants to express that she is in favor of the proposal. Jennifer Komis, 899 Fotis Dr. - Ms. Komis expressed she is in favor of the proposal. She is also working with the Tenant’s Association. She noted the community center is a means to bring services into the village but also to bring others in to connect University Village to the City. Jim Mason, local developer – Mr. Mason said this is a Planning and Zoning Commission meeting, not a maintenance meeting. Mr. Mason expressed the city and the Planning and Zoning Commission have a covenant to keep that the City has lived with for thirty years. If the Planning and Zoning Commission and Council waive these rights they will have a hard time telling anyone no in the future. Mr. Mason said he has helped develop these ordinances noting it’s in the best interest of the City to maintain the status quo saying if Security Properties wants to buy it and keep the zoning as it is, go ahead. Mr. Mason expressed his concern over the federal money that would go into this property. Mr. Mason gave his opinion that money should not come from the government saying there is not a need for more government. John McKewn, DeKalb homeowner and rental property owner – Mr. McKewn asked the request be denied saying University Village pays lower property tax and consumes greater services than the rest of DeKalb’s residents indicating University Village pays only 46% of the property tax burden per property tax value compared to other rentals in the area. Mr. McKewn said he doesn’t expect this percentage to increase. He said it would be good if University Village had to pay what other properties pay in property tax. Mr. McKewn said the school district alone is being short changed by pzc051-15 april 15 minutes Page 7 of 11 approximately $460,000 per year by University Village noting that amount would help to pay down the $110,000,000 bond that hasn’t had anything paid on it yet. Approving this zoning change will not put stimulus money back into the community causing others to continue to carry the load. Will Heinisch, local businessman and one of the founders of DARA and FOCUS DeKalb - Full disclosure met with Tiara. Mr. Heinisch said DARA asked him to reach out to the Tenants Association. He said DARA wants to maintain quality property. Mr. Heinisch noted the Planning and Zoning Commission is supposed to plan for the future. Mr. Heinisch said he grew up in DeKalb and plans to be in the community for another twenty to thirty years plus. He said the Planning and Zoning Commission may be gone but he and many of the stake holders will still be here. Mr. Heinisch likened University Village to a sick patient that continues to treat symptoms rather than looking at the real problem. Through HUD’s Affirmative Further Fair Housing for Communities the following points will be challenged in the future: 4 fair housing goals for communities 1. Reduce segregation 2. Build on nations increasing racial geographic & economic diversity. Eliminate racial & ethical areas of poverty 3. Reduce disparities in access to important community assets, schools, transit, job centers, etc. 4. Narrow gaps that leave families, people with disabilities and peoples of different races with more severe housing problems. Mr. Heinisch says he hears talk of integrating the village into the community. He noted this area is one of the poorest in DeKalb. Mr. Heinisch said if the proposed plan is approved it will solidify and commit the City to this project for another thirty to forty years but rather if the Commission can still be flexible others may come in and purchase it as is. He gave the history indicating with Phase I there was some subsidy, in Phase 2 and 3 the majority was backed by section 8 and government housing subsidies. If the proposal is approved the property would be 100% subsidized housing. Mr. Heinisch asked the question, where will we be in thirty years? He told the Commission it is their decision to make. Mr. Gongaware wanted to address a few comments – He said that clearly HUD’s policies are important and a necessity to the development in order to preserve affordable housing and to integrate the property back into the community. Mr. Gongaware noted that at present 87% of the property is subsidized. Requirements are for 100% affordable housing but not 100% subsidized housing. He gave the opinion that sometimes maintaining the status quo is not acceptable. Change has to happen. The question is now does that happen? He said this property will be affordable housing for the long term because HUD has restrictions in place to ensure this. Mr. Gongaware asked what is the best plan to implement affordable housing to ensure it is well maintained? Chair Welsh noted his surprise at the length of time residents have lived at this property saying that it was designed as a starting place for people in the community. Hearing that residents have been there for twenty and thirty years surprised him. He asked in what way Security Property’s proposal changes this. Mr. Gongaware replied that their vision is always a long term one. He noted there are current restrictions in place through HUD that are LIPRA agreement which put forced affordability on those units in perpetuity. The financing they bring is low income tax credits to rehab property for the preservation of that property for the long term. Tax credits are delivered over a ten year period but require a minimum of an initial fifteen year compliance period for those tax credits. He said there is an additional fifteen years of regulatory restrictions so in essence, thirty years of affordability pzc051-15 april 15 minutes Page 8 of 11 restrictions. Niki Cox – Keep in mind that only two of the people who spoke live at University Village. Give UV a chance to change. Kevin Hannon, 930 Greenbrier – Mr. Hannon expressed his doubt about what he heard quoted regarding the tax rate and loss of tax money and thinks it seems over estimated. Mr. Hannon aid he believes new business needs to be invited in. Even though local property owners may come in with great plans Security Properties understands and works with the residents and is willing to address their needs. Mr. Hannon reiterated the fact that the community center is extremely important to the residents of University Village because people are unable to access social services and noted this is a means to bring the social services to them. Mr. Hannon repeated he is in favor of the proposal. Ms. Atherton motioned to extend the meeting for one hour. Mr. Crull seconded the motion and it was approved by voice vote. Tiara Huggins – Ms. Huggins said that she had met with DARA and was given the landlord/tenant handbook but wanted to reiterate that the Tenant Association is in favor of the Security Property proposal. Welsh said he realizes that there are not two competing entities. Jeff Crane, Mr. Crane wants to Mr. Mason’s statement indicating he offered thirty one and an half million dollars for the property and not thirty four as Mr. Mason said previously Jim Mason – Mr. Mason questioned the amount that is being paid for the property and the amount it will take to rehab the property. He mentioned he’d heard the improvements won’t be taxed. Brook Lawrence – Ms. Lawrence stressed that Security Properties is listening to the tenants and commented that the residents lives are the thing that is most important. Close Public Hearing CONSIDERATIONS Ms. Atherton asked how the tamper free smoke alarms work. Fire Chief Hicks – Chief Hicks said in Phase 1 and Phase 2 there will be battery operated smoke detectors with a permanently installed ten year battery. If the alarms go off residents would have to go out into the hallway to pull alarm and the Fire Department would come. In Phase 3 the Fire Department would come because they would be notified automatically. Chief Hicks said this would be a significant upgrade. Chief Hicks noted the majority of fires are cooking fires and said a hood extinguishing system would be installed. Chair Welsh gave a brief history of the property over the last fifty years. He noted when it was first built it was the place people dreamed of living. Local business owners as well as state representatives lived there. He noted he would love to re-invigorate the property again. Welsh said he has lived within eyesight of the property for the last fifty years. Chair Welsh indicated when Phase III came into being, ten years later as Section 8 housing, it was not as stylish and not as desirable. In the eighties the City said there would not be a Phase 4 because the density was so great. Greek Row, at pzc051-15 april 15 minutes Page 9 of 11 the time, said they needed some greenspace noting there were no parks west of the Kishwaukee River. The Park Board gave $200,000 toward a park. Mayor Bessie lead the cause foregoing the purchase of a fire engine in order to provide greenspace and also went to the Department of Natural Resources and got a $400,0000 grant from the State of Illinois. Chair Welsh commented that Welsh Park has served the whole community very well. Chair Welsh said there’s a history of trying to come to a realization of what the right density is. Over the course of many years the City Council has said no to greater density. There are some whose projects were denied, however the Commission has not required any existing building be demoed in order to comply with density. They were grandfathered in. The Commission has to look at is what is best for the community as a whole. What Security Properties is asking is to be able to rebuild at the current density. Chair Welsh wondered how the Council will handle the next applicant who asks for the same thing if the precedent is set to approve the change Mr. Castro thanked Mr. Heinisch for looking into the future for us. He expressed that he understands Security Properties is investing for the long term and said he understands the need to desegregate but that is not the proposal before us. The proposal is to approve the variances, the first being the change in density. Mr. Castro said he doesn’t have any problem with variances 2-7 but he does have an issue with the first, the density. Mr. Castro asked if there is any way to reduce the density? Chair Welsh said he also understands the necessity of being grandfathered in because of the type of financing. Mr. Gongaware replied that this is not unique to Security Properties but would hold true for any proposed buyer or any individual who would put first lien financing on the property. Mr. Welsh asked if there might possibly be a developer or a bank that might have different requirements. Mr. Gongaware said there are instances such as a cash purchase. Mr. Gongaware spoke to the desegregation but given the LIPRA agreements says it will never be implemented for this property. Mr. Frieders advised the focus remain on the zoning petition before the Commission and avoid the discussions of desegregation. Chair Welsh said this is a major project in DeKalb and the proposal has the potential to make DeKalb a better place. He expressed that it’s an important decision. Ms. Atherton says she sympathizes with both sides and expressed that the Commission is not taking this lightly. She said improvement is needed in that area but also sees the other side. Chair Welsh asked the petitioners if there is any way they can make that area less dense. Mr. Gongaware said they have evaluated this from the beginning understanding that density is a hot topic but doesn’t see any way to change it. He said the reality is that this project is right next to one of the City’s biggest assets, Northern Illinois University, indicating the property needs improvement. He expressed hope there would be creative thinking on the part of the Commission. Chair Welsh asked that Security Properties go back to the financer to see if there is another way. Mr. Gongaware expressed Security Properties have spent endless hours on this already and acknowledged that it takes a dedicated effort on the part of all. The business plan that they’ve put forth already is reflective of that effort and creativity. Mr. Gongaware said he is willing, off-line, to discuss any possibility for other ideas but thinks they’ve come up with the best plan already. Chair Welsh replied that the City will honor the agreement that was in place years ago and allow the current density but to allow it to be rebuilt as is would set a precedent that the City may not want to set. Mr. Gongaware pzc051-15 april 15 minutes Page 10 of 11 said the reality is in the case of catastrophic loss families would be without a home. Ms. Atherton asked about adding to the parking in the future. Is there the ability to add to the parking if need be? Mr. Frieders compared it to University Plaza with a plan for parking in the future indicating the result of doing so would be a significant decrease in greenspace on the property but the Commission could make the request if so desired. Mr. Gongaware replied if the increase in parking were required every bit of greenspace would be lost. Mr. Welsh indicated the major hurdle for the proposal is the first variance request of density. Mr. Castro wanted to repeat the thought this is a difficult decision because the proposal comes with a considerable improvement to the property, which is difficult to say no to. On the flip side the City would be setting a precedent they may not want to set. Chair Welsh indicated the only other time he’s voted to allow less parking was with University Plaza but the up side of that project was that density was significantly decreased. University Village’s proposal has both density and parking that are issues. Mr. Gongaware said the need of Security Properties is to be able to rebuild at the current density expressing Security Properties can live with the legal non-conforming use if the City is willing to put in writing that they can rebuild at the current density if there was a catastrophic loss. Mr. Gongaware said insurance will not cover that difference. Mr. Frieders said the City has the ability to identify a legal non-conforming use and to define when that use ends and when the property needs to be made to conform to current zoning. The petitioner’s proposal for rezoning is the narrowest way to allow the petition to move forward but to allow a legal non-conforming use to continue after a catastrophic loss would codify any other similar situations into perpetuity. Ms. Atherton moved to continue this individual consideration to the April 29th Planning and Zoning meeting. Mr. Ruehling seconded the motion and it passed by voice vote. REPORTS/ITEMS FOR NEXT MEETING Mr. Hiland advised of the upcoming Commission meeting on April 22 that will include a continuation on behalf of Cave Enterprises for a special use permit for the Burger King Restaurant remodel at 913 West Lincoln Hwy. ADJOURNMENT A motion was made by Mr. Crull to adjourn the meeting. The motion was seconded by Ms. Atherton and passed by voice vote. The meeting adjourned at 10:00 p.m. Respectfully submitted, Brenda Hart, Recorder Administrative Assistant pzc051-15 april 15 minutes Page 11 of 11  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING May 13, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on May 13th, 2015 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: Christina Atherton, Roger Ruehling, Matthew Crull, David Castro, Deborah Nier and Chairman Michael Welsh. Planning & Zoning Commission member absent: Adam Katz. Also present: Derek Hiland, Principal Planner, Dean Frieders, City Attorney, Jared Heyn, Planning and Zoning Intern, Pat Klein, Administrative Associate, Ellen Divita, Community Development Director, and Anne Marie Gaura, City Manager. APPROVAL OF AGENDA Chairman Welsh called for an approval of the agenda. David Castro made a motion to amend the agenda to consider Item #2 in old business and #1 in new business prior to #1 in old business. The motion was seconded by Matthew Crull and approved by voice vote. APPROVAL OF MINUTES There were three sets of minutes for approval. Deborah Nier made a motion to correct her name in the minutes of March 25th. The motion was seconded by Matthew Crull and approved by voice vote. Chris Atherton made a motion to accept the April 22nd minutes. The motion was seconded by David Castro and approved by voice vote. Chris Atherton made a motion to accept the April 29th minutes. Roger Ruehling seconded the motion. Chair Welsh pointed out an error on the second to last page where Adam Katz made a motion to deny the density waiver which was seconded by Chair Welsh but the minutes duplicated the motion being made again by Adam Katz when, in fact, Adam Katz restated the motion, calling for a vote. Deborah Nier pointed out the misspelling of her name throughout the minutes. Deborah Nier made a motion to accept the corrected minutes of April 29th. Matthew Crull seconded the motion. It was approved by voice vote. CITIZEN COMMENTS Bessie Chronopoulos, 423 Gayle Avenue, DeKalb thanked the Planning and Zoning Commission for their work and said it involved difficult decisions. She spoke of the role of the Commission to advise the City Council on the rules and regulations of projects and said the Council depends on their knowledge. Bessie Chronopoulos spoke on several issues including:  Positive and negative motions and said positive motions added more clarity to the motion.  Joint meetings between City Council and the Plan Commission are beneficial and should occur once or twice a year.  The Plan Commission minutes should be available to the City Council when they are looking at a particular item, not later.  She felt Chair Welsh should have made a more formal recusal from the issue with the cell phone tower on South Seventh Street.  The Human Relations Commission’s interactions with each other and suggested more interaction between members of the Plan Commission. Chris Atherton apologized for forgetting Bessie Chronopoulos’ question regarding joint meetings between the City Council and the Plan Commission at the last meeting. Chair Welsh spoke regarding meeting with the Council and said that, in this case, there was no more advice available for the Council. Chair Welsh closed the Citizen Comment portion of the meeting. OLD BUSINESS #2 Continued Consideration on rezoning request by Dan Sears on behalf of D-N-J Properties, in order to convert the existing rooming house on 534 College Avenue into single and double occupancy apartments. Chair Welsh stated it’s been asked to continue this request to the meeting of May 27th, 2015. Chris Atherton moved to continue this request to the next meeting. The motion was seconded by David Castro and approved by voice vote. NEW BUSINESS Public Hearing on a proposal by JLAR, LLC c/o James Mason for a Special Use Permit to create a vehicle storage and junkyard at 1888 State Street, DeKalb, Illinois Chair Welsh said that staff has recommended moving this to the next meeting May 27th for further details. 051315 Planning and Zoning Commission Regular Meeting Minutes/p.2 PZC052-15 May 13, 2015 Meeting Minutes Roger Ruehling made a motion to continue this to May 27th. The motion was seconded by Matthew Crull and approved by voice vote. OLD BUSINESS Continued consideration on a rezoning request from “MFR" Multi-Family Residential, to “PD-R” Planned Development Residential, and approval of preliminary and final development plans for University Village PUD, 722 North Annie Glidden Road, DeKalb. Chair Welsh spoke of voting on the individual waivers at the last meeting on April 27th and the creation of the “Facts of Findings” for review. Attorney Frieders spoke of page one of the “Facts of Findings” saying that surrounding properties within 1,000’ were notified of the Public Hearing. This is partially misleading. The surrounding properties were notified of the original Community meeting at the church where the timeline was discussed. The actual mailed notices of the Public Hearing were sent to property owners within 250’ as per State statute and City code. Attorney Frieders restated that the current rezoning request approval or denial will not affect current density. There will be no change to the current density and no displacement of residents. It does not affect the current use of the property as affordable housing. Chair Welsh clarified the initial mailings being sent to surrounding property owners within 1,000’ feet and further mailings being sent to surrounding properties within 250’ of the property per code. Attorney Frieders said yes, and that this will be changed in the final documents prior to signature. Chair Welsh questioned page 2 that states that at the April 29th meeting no parties or petitioners requested the ability to address the Commission and asked if the Public Hearing had been closed. Attorney Frieders said that yes, it had been closed, but the Commission can accept comments following the closure of the Public Hearing. In this case, there were no further questions. David Castro made note that the list of dates on the first page should include the April 29th meeting. Attorney Frieders said this will be added to the final document. Chair Welsh asked for questions on pages 1 through 12 of the “Facts of Finding”. There were none. Chair Welsh than discussed VIII, Determination and Recommendation, recording the Commission’s votes on each individual waiver in reverse order and noted their approval of waivers #2 through #7 with minor changes. The Commission could not approve waiver #1, Lot Size. It was voted to deny this waiver 4-3. David Castro commented on 2), Parking Ratio/waiver of parking requirements, and said that the first sentence, “The Commission cannot recommend approval of a waiver of the applicable parking requirements,” should be eliminated because this waiver was approved with some amendment. 051315 Planning and Zoning Commission Regular Meeting Minutes/p.3 PZC052-15 May 13, 2015 Meeting Minutes Chris Atherton agreed with making this change. Attorney Frieders suggested a change in language to say the Commission cannot recommend complete approval of the waiver of applicable parking requirements but recommends the waiver with the condition of land banking for future parking needs. Chris Atherton spoke of their discussion regarding parking requirements hinging on the density. Attorney Frieders said that bedrooms or units determine parking requirements, not density. He restated the change to the waiver for parking requirements to read that the Commission cannot recommend approval of the complete waiver of the applicable parking requirement waiver but approved of the waiver with the added condition of land banking for future parking needs. The changes to the “Facts of Findings” were approved by voice vote. David Castro said that at the last meeting there was a vote on each of the 7 waivers individually and Council recommended a vote on the request as a whole. He asked if voting on the “Finds of Fact” was different than voting on the rezoning request. Attorney Frieders said that the “Findings of Facts” was a record and summary of the votes at the last meeting concluding with a resolution to deny the request for rezoning. If these “Findings of Facts” are accurate, then the Commission can adopt these “Findings of Facts,” with the changes discussed, and forward this to the City Council with the recommendation to deny the request. David Castro said that while he would vote yes on accepting the “Findings of Facts” as an accurate record of what has transpired, he would vote yes to allow the rezoning request. Attorney Frieders said staff struggled with the different composition of the Commission. A tie vote on the “Findings of Facts” would present the records of the votes of the last meeting and the votes of this meeting to the City Council with no recommendation. Mr. Castro stated he only wanted clarification and did not want to take advantage of the different composition of the Commission. Attorney Frieders said this comment would be included in the staff memo to the Council. Deborah Nier asked if they could make a motion to accept the “Finding of Facts” without the last paragraph. Attorney Frieders said yes, that’s correct. It may cause confusion to delete the last paragraph, but the first sentence of item 1) Density Requirements on page 11 says, “The Commission cannot recommend approval of this request.” This clarifies the intent of the Commission. Chair Welsh said the density was always the problem with the request for rezoning. Chris Atherton asked for clarity regarding if the request would proceed to City Council regardless of their vote. 051315 Planning and Zoning Commission Regular Meeting Minutes/p.4 PZC052-15 May 13, 2015 Meeting Minutes Attorney Frieders said staff would encapsulate the record showing the votes of last meeting and the votes of this meeting along with the “Findings of Facts”. He recommended adopting the “Findings of Facts” with whatever changes necessary. Chair Welsh questioned the result of a tie vote. Attorney Frieders said that a tie vote on a motion would result in a failure of the motion. The motion requires a majority vote. Chair Welsh spoke of a positive motion vs. a negative motion. Attorney Frieders said for clarity, he recommends that the motion should reflect its intent. David Castro said that he would vote yes on the “Findings of Facts” reflecting an accurate depiction of the record, but he would still vote to approve the rezoning request. Chair Welsh spoke of the difficulty of being absent from a meeting and missing voting on major changes. The record does show the votes and it’s not unanimous. David Castro moved to accept the “Findings of Facts” and approve Chair Welsh’s signature on it with the three corrections as discussed. The motion was seconded by Deborah Nier. Chris Atherton said she did not realize that voting on the “Findings of Facts” would be the Commission’s final decision. Matthew Crull clarified that the “Findings of Facts” accurately summarized the discussion and their votes on the seven separate waivers. Adopting the “Findings of Facts” denied the rezoning request. Attorney Frieders said yes, denying approval of the first issue, density requirements, denied the request for rezoning from “MFR" Multi-Family Residential, to “PD-R” Planned Development Residential. Chair Welsh discussed that denying one piece of the seven waivers results in denying the entire request. Deborah Nier called the question. The motion to accept the “Findings of Fact”, including the denial of the request for rezoning, was approved 5-1 by voice vote with Chris Atherton voting no. CONSIDERATIONS None FUTURE CONSIDERATIONS None REPORTS/ITEMS FOR NEXT MEETING 051315 Planning and Zoning Commission Regular Meeting Minutes/p.5 PZC052-15 May 13, 2015 Meeting Minutes The next meeting will be May 27th at 6:00 p.m. Matthew Crull made a motion to adjourn. The motion was seconded by Chris Atherton and approved by voice vote. The meeting was adjourned at 6:51 p.m. Pat Klein, Recorder Administrative Associate 051315 Planning and Zoning Commission Regular Meeting Minutes/p.6 PZC052-15 May 13, 2015 Meeting Minutes ITEMS #1 and #3 HAVE BEEN WITHDRAWN BY THE APPLICANT May 22, 2015 TO: DeKalb Planning and Zoning Commission RE: 534 College Avenue Development The application regarding the Rezoning request of 534 College Avenue has been withdrawn from consideration. To summarize, Dan Sears from D-N-J Properties has indicated through his Attorney that the petition to rezone has been withdrawn. If you recall at the April 29th Public Hearing this item was continued to the meeting of the 13th of May and then again to May 27, 2015. Staff believes that the hearing needs to be reopened and closed to finalize that previous action however no testimony needed be given because the item has been removed from consideration. Regarding Item #3 the item should be removed from the agenda since no action had been taken. Please contact me with any questions or concerns regarding this matter. Warm Regards, Derek Hiland Derek Hiland Principal Planner CC: Mayor, City Council, City Manager DeKalb Planning and Zoning Commission Petitioner’s Representative PZC053-15 ITEM #2  COMMUNITY DEVELOPMENT REPORT PZC040-15 STAFF REPORT May 21, 2015 TO: DeKalb Planning and Zoning Commission RE: Proposal by JLAR, LLC c/o James Mason for a Special Use Permit to create a vehicle storage and junkyard at 1888 State Street, DeKalb, Illinois 60115. I. GENERAL INFORMATION A. Purpose To create a vehicle storage and junkyard at 1888 State Street, DeKalb, Illinois 60115 in accordance with UDO Article 14.03 (special use permits) B. Location 1888 State Street, DeKalb, Illinois (former Mascal Electric) C. Access Dietz Avenue D. Size 3.68 acres E. Existing Zoning “HI” Heavy Industrial F. Existing Land Use Vacant Building G. Proposed Land Use Vehicle Storage Yard H. Surrounding Zoning and Land Use North: “HI,” Heavy Industrial Park South: “HI,” Heavy Industrial Park East: “HI,” Heavy Industrial Park West: “HI,” Heavy Industrial Park I. Floodplain No J. Comprehensive Plan Designation Heavy Industrial II. APPLICANT'S REQUEST James Mason, owner of 1888 State Street, has requested approval of a special use permit to allow a vehicle storage and tow yard on the subject property. This request is made under the provisions set forth in UDO Article 14.03. Junkyards, salvage yards and vehicle wrecking yards are designated Special Use in the HI (Heavy Industrial) District and approval of a special use permit is required. No crushing or salvage use is requested. The building is a former electric contractor’s office. Mr. Mason would demise the building with the front office area leased multiple parties and rent a portion of the office, internal storage, and outdoor storage yard to an existing Tri State Towing (who would relocate upon approval). III. CHARACTERISTICS OF SUBJECT PROPERTY AND SURROUNDING LAND USES AND ZONING CLASSIFICATIONS The subject property contains two parcels (Lot 5 and 6 of the Wurlitzer subdivision), is zoned “HI” Heavy Industrial and is 3.68 acres in size. Forty parking stalls are currently provided on the parking lot. Twenty-six (26) of those spaces would be located outside of the fenced-in area and because there would be a change in use of the building, two of those parking spaces would need to become Americans with Americans With Disabilities Act (ADA) compliant. Therefore the total number of parking spaces outside the fenced-in area would now become twenty-four (24). The outdoor storage of company vehicles, towed vehicles and equipment would be located on the south side of the subject property and surrounded by fencing that would surround the parking area located just south of the building on the northern parcel; a sight-proof or privacy fence is proposed and required as a condition of the Special Use Permit. The southern parcel would remain grass, and unfenced. IV. ANALYSIS The Applicant has proposed to use the subject property as a vehicle tow and storage yard along with office space. No change in paved area is requested therefore no additional stormwater detention improvements are required. Areas previously utilized for vehicle and equipment storage off of the paved surface would be cleaned up and returned to grass. (See Photo) Section 5.12.03.8 of the UDO, Special Land Uses and Developments of the "HI" Heavy Industrial District allows for Junkyards, salvage yards, vehicle wrecking yards conducted within an enclosed building or surrounded by a solid sight-proof fence not less than ten (10) feet in height, or the height of the materials being screened, whichever is greater, and where no materials shall be piled or stacked to a height in excess of fifteen (15) feet above the ground level. Parking Analysis The building has been and would continue to be demised into various use groups that has assigned to them a different parking schedule for each type of use group. For example: Impound Yards, Junk Yards, Salvage Yards, Wrecking Yards and Land-fills requires 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises. A breakdown of the uses and the number of parking stalls assigned to each use has been evaluated. PZC040-15 Page 2 or 5  Use Code Requirements Square Feet Spaces Needed Mason Storage / Warehouse 1 space for every 11,516 3 employee on the maximum shift, plus 1 11,133 s.f. net space for every vehicle customarily used in operation of the use or stored on the premises but in no case, shall there be less than 3 spaces. Rental Office 1 space for every 300 3954 s.f. 13.18 square feet of office Tri State Towing Storage Office 1 space for every 300 2,529 s.f. 8.43 square feet of office Number of Employees Max Shift 1 per employee 5 # of Vehicles Used 1 per vehicle 6 vehicles 6* TOTAL 35.61 = 36 PROVIDED 40 *Three of the vehicles would be garaged inside the building. From the chart the requirements for parking have been met and therefore can operate in a manner that is not deleterious to adjacent properties. In discussion with Mr. Mason, requirements of the Special Use Permit are as follows: 1) no stacking of automobiles; 2) no stacking of automobile parts higher than 8 feet; 3) no parking or storage of vehicles or equipment used in the operation of the business on the grassy area (lot 6) or anywhere outside of the fence; 4) there shall be no crushing of vehicles at the facility; 5) the unimproved surface (gravel) to the east of the asphalt parking lot be converted back to grass; 6) abandoned and salvaged vehicles, except for those vehicles under the control of the Court of Law, shall not be kept on the property for more than 90 days; 7) that all conditions established in this special use permit are applicable to the owner and all successors and assigns; and, 8) approval by Federal Aviation Agency of FAA Form 7460 The use is consistent, from a land use standpoint, with the surrounding uses. Access to the subject property will be from Dietz Avenue utilizing one of the two existing curb cuts and aside from the proposed sight proof fence not much else is expected to change. V. STANDARDS OF SPECIAL USE 1. The proposed use complies with the applicable district regulations. The information submitted to date complies with the regulations of the "HI" Heavy Industrial district Article 5.12.03.4 which states the following shall be permitted: PZC040-15 Page 3 or 5  “Junkyards, salvage yards, vehicle wrecking yards conducted within an enclosed building or surrounded by a solid sight-proof fence not less than ten (10) feet in height, or the height of the materials being screened, whichever is greater, and where no materials shall be piled or stacked to a height in excess of fifteen (15) feet above the ground level.” The information submitted complies with all other supplemental requirements. 2. The proposed use will not be detrimental to property values in the immediate area nor to the public welfare at large. The proposed use is consistent with the current uses and would not be detrimental to property values in the immediate area or to the public at large. 3. The use and accompanying physical attributes are such that the use will not dominate the immediate neighborhood. The proposed use would be screened by a sight proof fence thereby mitigating the impact of the new use in the immediate neighborhood. 4. Adequate utility services exist or will be provided. Adequate utilities are already available. 5. The use is consistent with good planning practice, and will conform to the regulations of the district in which it is located. The proposed land use is compatible with the surrounding uses. This is consistent with good planning practice, and the proposal complies with the regulations of the Heavy Industrial district. 6. The use is essential or desirable to preserve and promote the public health, safety and welfare of the citizens of DeKalb. The use would not hinder the public health, safety and welfare of the citizens of DeKalb. VI. CITIZEN INPUT Five written responses were received and are included. Four of the responses support the proposal and one does not support the proposal. One phone inquiry was made to confirm that there is not to be crushing of automobiles and/or salvage work on-site. VII. CONCLUSIONS AND RECOMMENDATIONS James Mason, owner of 1888 State Street, has requested approval of a special use permit to allow a vehicle storage yard on the subject property. This request is made under the provisions set forth in UDO Article 14.03. Junkyards, salvage yards and vehicle wrecking yards are designated Special Use in the HI (Heavy Industrial) District and approval of a special use permit is required. PZC040-15 Page 4 or 5 The Applicant will be required to submit Federal Aviation Agency Form 7460 to allow the use within the fly-zone or flight pattern for DeKalb Municipal Airport. Staff recommends approval of the special use permit as allowed in Article 5.12.03.4 of the Unified Development Ordinance, conditional upon: 1) no stacking of automobiles; 2) no stacking of automobile parts higher than 8 feet; 3) no parking or storage of vehicles or equipment used in the operation of the business on the grassy area (lot 6) or anywhere outside of the fence; 4) there shall be no crushing of vehicles at the facility; 5) the unimproved surface (gravel) to the east of the asphalt parking lot be converted back to grass; 6) abandoned and salvaged vehicles, except for those vehicles under the control of the Court of Law, shall not be kept on the property for more than 90 days; 7) that all conditions established in this special use permit are applicable to the owner and all successors and assigns; and, 8) approval by Federal Aviation Agency of FAA Form 7460 Respectfully Submitted, Derek Hiland Principal Planner PZC040-15 Page 5 or 5 April 24, 2015 Dear Property Owner(s): The DeKalb Planning and Zoning Commission will consider a request by JLAR, LLC c/o James Mason for a Special Use Permit of a vehicle storage yard adjacent to the former Mascal Electric Building, 1888 State Street, DeKalb, Illinois. The property is zoned “HI” Heavy Industrial; however, prior to establishing the vehicle storage yard / junkyard in this zoning district the Unified Development Ordinance (UDO) of the City of DeKalb requires approval of a Special Use Permit. JLAR, LLC c/o has requested the Special Use Permit for the vehicle storage facility / junkyard to allow for an existing vehicle towing company to relocate on to the subject property. There will be a public hearing before the DeKalb Planning and Zoning Commission on May 13, 2015 at 6:00 p.m. The meeting will be at the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within 250 feet of the above-mentioned property, you are encouraged to attend the public hearing and comment on the proposal. You may also submit written comments on the proposal no later than Thursday, May 7, 2015. The enclosed comment sheet is included for your convenience. Enclosing a copy of the Notice of Public Hearing submitted for publication which includes the full legal description of the property. If you have any questions about this request, please feel free to contact me at (815) 748-2364. Sincerely, Derek Hiland Principal Planner Community Development Department Enclosures CC: Mayor, City Council, City Manager DeKalb Plan Commission Applicant  1888 State Street, DeKalb IL April 24, 2015 1:2,257 Address_Labels Yellow 0 0.0275 0.055 0.11 mi Street_Labels Yellow 0 0.0425 0.085 0.17 km DeKalb Corporate Limit Source: Esri, DigitalG lobe, GeoEye, Earthstar Geographics, Parcels CNES/Airbus DS, USDA, USGS, AEX, G etmapping, Aerogrid, IGN, IG P, swisstopo, and the GIS User Community City of DeKalb  Citizen Response Form JLAR LLC, Tow|Storage Yard Special Use Request Owners Name: _____________________________________________________________ Property Address: ___________________________________________________________ Basic Input (Please check any that apply) □ I support the request □ I support request in general but would like to see specifics before I decide □ I do not support the request Written Comments _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ PZC042-15 LEGAL NOTICE 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 May 13, 2015, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a proposal by JLAR, LLC c/o James Mason for a Special Use Permit to create a vehicle storage and junkyard at 1888 State Street, DeKalb, Illinois 60115. The property was commonly known as the former Mascal Electric building and the parcels are legally described as follows: LEGAL DESCRIPTION PARCEL 1 Lot 5 in Wurlitzer Industrial Park Unit 1, being a subdivision on part of Section 24, Township 40 North, Range 4, East of the Third Principal Meridian, according to the plat thereof recorded on November 13, 1987 in 8001 "T" of Plats, Page 56 as Document No. 87009858 In DeKalb County, Illinois PARCEL 2 That part of Wurlitzer Industrial Park Unit 1, being a subdivision on part of Section 24, Township 40 North, Range 4, East of the Third Principal Meridian, according to the plat thereof recorded on November 13, 1981 in Book "T" of Plats, Page 56 as Document No. 87009858, described as follows: Commencing at the South East corner of Lot 5 in Wurlitzer Industrial Park Unit 1, being a subdivision of part of said Section 24, thence Westerly along the South line of said Lot 5 on an assumed bearing of South 89 degrees, 55 minutes. 00 seconds West, 248.65 feet to the point of beginning, thence continuing South 89 degrees. 55 minutes, 00 seconds West 47.00 feet, thence North 0 degrees, 05 minutes, 00 seconds West 62.67 feet, thence South 36 degrees, 52 minutes, 18 seconds East 78.33 feet to the point of beginning, all situated In DeKalb County, Illinois PARCEL 3 Lot 6 of Wurlitzer Industrial Park Unit 2, a subdivision of part of the West half of Section 24, Township 40 North, Range 4, East of the Third Principal Meridian, according to the Plat thereof recorded September 12, 1988 in Book "T" of Plats, Page 93 as Document No. 88007165, in DeKalb County, Illinois Parcels: 08-24-177-013 & 08-24-179-002 All interested persons are encouraged to submit written comments on this proposal to the City of DeKalb by 5:00 p.m. on May 7, 2015, and are invited to appear and be heard at the time and place listed above. Further information is available from the Community Development Department, (815) 748-2364. Michael Welsh, Chairman DeKalb Planning and Zoning Commission City of DeKalb PZC042-15