Planning & Zoning Commission

PLANNING AND ZONING COMMISSION REGULAR MEETING DEKALB MUNICIPAL BUILDING CITY COUNCIL CHAMBERS 200 SOUTH FOURTH STREET WEDNESDAY – AUGUST 26, 2015 - 6:00 P.M. CHRISTINA ATHERTON, CHAIR CALL TO ORDER ROLL CALL APPROVAL OF AGENDA (Additions or Deletions) APPROVAL OF MINUTES CITIZEN COMMENTS (OPEN FLOOR TO ANYONE W ISHING TO SPEAK ON RECORD) OLD BUSINESS 1. Continued Public Hearing on a request to amend the zoning for property described as the DeKalb County Shopping Center located at 2383 Sycamore Road, DeKalb with a rezoning request and approval of preliminary and final plans by Rich Fidler on behalf of Chipotle Mexican Grill, in order to legally establish an outdoor patio for the restaurant. NEW BUSINESS 2. Public Hearing on a request by Verizon Wireless, on behalf of AT&T, to approve a Special Use Permit that would allow Verizon Wireless to colocate their cellular communications equipment on the AT&T Tower located at 1500 South Seventh Street DeKalb, Illinois which is currently zoned Light Industrial (LI) 3. Review and Adoption of Planning and Zoning Commission By-Laws and standing rules. CONSIDERATIONS FUTURE CONSIDERATIONS (NONE) REPORTS / ITEMS FOR NEXT MEETING (NONE) ADJOURNMENT Assistive services will be provided upon request PZC074-15 ITEM #1 - CHIPOTLE PATIO  COMMUNITY DEVELOPMENT STAFF REPORT August 20, 2015 TO: DeKalb Planning and Zoning Commission RE: Outdoor Patio for Chipotle Mexican Grill / 2383 Sycamore Road, DeKalb I. GENERAL INFORMATION A. Purpose Amend the zoning of subject property to Planned – Development Commercial “PD-C” to construct a 265 square foot outdoor patio for a Chipotle Mexican Grill on Lot 2 of Parcel 1 of the DeKalb County Shopping Center. B. Location 2383 Sycamore Road C. Access Sycamore Road D. Size 1.07 acres (total property size) E. Existing Zoning “PD-C” Planned Development Commercial, Ordinance 00-72 F. Existing Land Use Vacant Building Space G. Proposed Land Use Chipotle Mexican Grill with an outdoor patio H. Surrounding Zoning and Land Use North: PD-C – Shopping Center South: PD-C – Shopping Center East: PD-C – Restaurant/Gas Station West: PD-C – Shopping Center I. Floodplain Not in the floodplain J. Comprehensive Plan Designation Commercial UPDATE: At the last meeting of the Planning and Zoning Commission, the Commission postponed action on the request for the outdoor patio with the expectation that further information regarding the potential placement of a fence, the overall floorplan for the restaurant and how the outdoor patio interacts with one another. The restaurant had evaluated the potential to add a fence and realized that it comes at a sacrifice to seating. The restaurant’s preference is to allow for seating and not allow for outdoor consumption of alcohol because the area is simply too small to have sixteen seats and a fence surrounding it. II. APPLICANT'S REQUEST In 2000, the Development Agreement and associated development plans for DeKalb County Shopping Center were approved. The final approved plans illustrated the building sites, signage plans, affiliated parking and landscaping islands. Fifteen years ago an outdoor patio was never contemplated for the restaurant location. In order for an outdoor patio to be allowed as a component of the restaurant, an amendment to the plans along with an amendment to the zoning ordinance of the property is required. Previously within the Unified Development Ordinance outdoor patios were allowed by right however a few years ago, the City brought forth an amendment to the UDO that requires that outdoor patios become a Special Use or approved as a condition of a Planned Development Zoning Ordinance. Chipotle Mexican Grill wishes to open another restaurant in the City of DeKalb with an outdoor patio but the agreement and ordinance must be amended in order to allow them to occupy the vacant space with an associated patio space. Sixteen outdoor seats are requested during the warmer months with seating to be removed during the colder months of the year. The proposed amendment to allow a 265-square-foot outdoor patio would be in keeping with elements of the Shopping Center Development and other provisions of the UDO. The petitioner should be prepared to address whether or not music would be played within the patio and then whether or not there should be any restrictions on the decibel levels allowed or the hours of operation. If the Planning and Zoning Commission is inclined to recommend approval of the amendment to the development agreement and site plans that the recommendation could include restrictions on the decibel levels allowed or the hours of operation for the patio. III. CHARACTERISTICS OF SUBJECT PROPERTY AND SURROUNDING LAND USES AND ZONING CLASSIFICATIONS The 1.07 acre property is located along the west side of Sycamore Road just south of the Barber Greene Road intersection. The parcel is zoned “PD-C” Planned Development Commercial. Currently the building (7,400 sq. ft) is divided into two storefronts: the former Qdoba Mexican Grill (2,285 sq. ft) and the Verizon Retail Store. The DeKalb County Shopping Center is on the south and west side of this parcel while the Oakland Place (Target Shopping Center) and Applebee’s are located to the north of this parcel. There are single family residential uses located nearby however none of which are located within 150 yards of the proposed development and are PZC076-15 CHIPOTLE PATIO Revised SR.docx Page |2 found on the other side of the DeKalb County Shopping Center and land owned by the DeKalb Park District. IV. ANALYSIS A. Comprehensive Plan The City’s Comprehensive Plan illustrates that this area will be developed with commercial uses. The proposed use will comply with the Comprehensive Plan. B. Overlay District The property does not lie within an overlay district. C. Proposed Zoning / Principles of Planned Developments The proposed zoning amendment would remain “PD-C” Planned Development Commercial. The existing zoning ordinance did not contemplate an outdoor patio for the subject property therefore the only option is to amend the zoning and site plan for this site. The PD-C zoning gives the City the most control over the operation and aesthetics, physical layout, and other aspects of the proposed development along with allowing the petitioner the flexibility to work with the City and the surrounding property owners to bring a development that would provide an amenity that can be found at other restaurants around the community. D. Utilities This site is well-serviced with existing utilities that have sufficient capacity for the proposed development. E. Stormwater Management No changes are anticipated. Existing Stormwater management is present. V. STANDARDS OF REZONING A. The proposed rezoning conforms to the Comprehensive Plan, or conditions have changed to warrant the need for different types of land uses in that area. The proposed rezoning complies with the vision, goals and objectives set forth in the City’s Comprehensive Plan. B. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. PZC076-15 CHIPOTLE PATIO Revised SR.docx Page |3 The purpose of the Planned Development district is stated in the UDO as: “to provide a means of achieving greater flexibility in the development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the design and future operations of the development.” The zoning amendment and associated final plans for the subject property provides a location for the restaurant’s outdoor patio. C. The proposed rezoning will not have a significant detrimental effect on the long-range development of adjacent properties or adjacent land uses. The proposed rezoning will not have a detrimental effect on the adjacent properties or land uses as it entitles the subject property to commercial uses that are appropriate for the area along a commercial corridor. The proposed use and the design and layout of the site were considered in light of the property’s proximity to an intersection along a major street and the surrounding commercial uses. The improvements or patio furniture are not permanent and if needed to cease operating in the future for some reason could be easily removed. The PD-C zoning provides the mechanism to minimize the proposed commercial development’s impacts on the area while fulfilling the City’s vision for this and other commercial properties. D. The proposed rezoning constitutes an expansion of an existing zoning district that no longer meets the demand for the intended land uses. Amending the zoning of the property will allow the developer the flexibility to meet the needs of the restaurant while the City can insure that the project is accommodating to the surrounding properties. E. Adequate public facilities and services exist or can be provided. Adequate facilities exist. VI. CITIZEN INPUT To date two responses have been received which are letters of support for the project. VII. CONCLUSIONS AND RECOMMENDATIONS Staff recommends approval of the rezoning amendment and approval of the preliminary and final plans for the outdoor patio shown on the attached plans provided in the backup. Outdoor patios would require a Special Use Permit which would consider the externalities of the patio like music, lighting, hours of operation etc. In this particular case Single family residential PZC076-15 CHIPOTLE PATIO Revised SR.docx Page |4 housing is not located within 150 yards of the proposed patio. The restaurant is located along the busiest roadway in DeKalb and is surrounded by commercial buildings. A sample motion for the Planning and Zoning Commission’s consideration can be found hereafter: Sample Motion Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council the following: 1. Approval of an amendment to the Planned Development Zoning regulated by Ordinance 00-72 authorizing modifications to the prior approved plans to allow for the approval of a Preliminary Plan and Final Plan for Lot 2 of Parcel 1 of the DeKalb County Shopping Center; and 2. Approval of a Preliminary Plan for the subject property; and 3. Approval of a Final Plan for the subject property, including authorization for an outdoor patio. Respectfully Submitted, BY: Derek M. Hiland, Principal Planner PZC076-15 CHIPOTLE PATIO Revised SR.docx Page |5 July 10, 2015 Dear Property Owner: The DeKalb Planning and Zoning Commission will consider a proposal by Rich Fidler on behalf of Chipotle Mexican Grill, in order to legally establish an outdoor patio for the restaurant. Chipotle is proposing to occupy the vacant space previously used by another Mexican grill restaurant located at 2383 Sycamore Road, DeKalb. The rezoning request is necessary because the development was approved fifteen years ago and at that time there was not a consideration for outdoor dining facilities and this request would modify the approved plan to allow for outdoor dining to occur on the subject premises only. The DeKalb Planning and Zoning Commission will hold the public hearing and review this request at its regular meeting on or after August 12, 2015 at 6:00 p.m. The meeting will be held in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within the area of the above-mentioned property, you are encouraged to attend this meeting to learn about and/or comment on the proposal. You may submit written comments regarding the request on the enclosed comment sheet by fax to 815-748-2091, by mail to the address listed above, or by e-mail to planning@cityofdekalb.com. All comments will be shared with the Commission and included in the public record. If you have any questions about this request, please contact me in the Community Development Department at (815) 748-2364. Sincerely, Derek Hiland Principal Planner Enclosures CC: Mayor, City Council, City Manager DeKalb Planning and Zoning Commission Petitioner’s Representative PZC063-15  Citizen Response Form CHIPOTLE OUTDOOR PATIO Owners Name: _____________________________________________________________ Property Address: ___________________________________________________________ Basic Input: □ I support the proposal. □ I support the proposal in general but would like to see specifics before I decide. □ I do not support the proposal. Written Comments: PZC063-15 PZC063-15  Petition for PLANNED DEVELOPMENT (Final Plan) A. GENERAL INFORMATION 1. Project Name: Chipotle Mexican Grill 2. Legal Description and Parcel # (s) (if necessary, briefly describe here and reference the full legal description on the plat: Parcel #: 08-12-376-011. Lot 2 Description Legal Description: Final Plat of DeKalb County Shopping Center, being a subdivision of part of the South half Section 12, Township 40 North, Range 4 East of the Third Principal Meridian, as recorded April 12, 2001, in Book "2" of Plats, page 627, as document number 20001005550, in DeKalb, Illinois, as is identified on drawing. See attached exhibit "x" for full legal description. 3. Street Address or Common Location: 2383 Sycamore Road, DeKalb, IL 60115 4. Size (sq. ft. or acres): 1.07 Acres 5. Existing Zoning (check all that apply): PD-R ( ) PD-C (X) PD-I ( ) B. APPLICANT INFORMATION 1. Applicant: Chipotle Mexican Grill Phone: (303) 595-4000 Address: 1401 Wynkoop Street, Suite 500 Fax: (303) 595-4014 Denver, CO 80202 Cell: Email: rfidler@chipotle.com 2. Petitioner’s Representative: Rich Fidler Phone:(303) 595-4000 Address: 6787 McVey Blvd. Fax: Columbus, Ohio 43235 Cell: Email: rfidler@chipotle.com 3. Engineer/Architect: Michael J. Wilkus, AIA Phone: (952) 843-5059 Address: 15 Ninth Ave. North Fax: (952) 941-2755 Hopkins, Minnesota 55343 Cell: Contact: Matt Wilkus Email: mmw@wilkusarch.com 4. Surveyor (if applicable): N/A Phone: Address: Fax: Cell: Email: L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Final Plan).doc Last updated 04/28/15 Page 1 of 3 C. CHECKLIST This checklist is of items considered to be the minimum necessary to properly process your applications. Each item must be checked by the applicant to signify that it is provided on the application form or on any other attached and/or supporting documentation. Failure to submit all required information will result in delays in the City’s consideration of this application [U.D.O. 5.13.10(7)]. If not applicable please indicate Check (X) Item N/A and explain NOTE: A completed checklist from the Subdivision – Final Plat application along with required submittals must be included if this Planned Development involves any subdivision activity. ___ 1. X Filing Fee: $300.00 (no added fee if subdivision is included) X ___ 2. Twenty (20) copies of Final Plat document ___ 3. X All information required on previous Preliminary Plan submittal ___ 4. X All information required in U.D.O. Art. 17.02 “Site Plan Review Requirements” ___ 5. N/A Twenty (20) copies of Final Landscape Plan with specific location, No landscape work is being size, and species of all plant material completed. ___ 6. X One (1) copy of Statement on Maintenance, Operation, Restrictions, etc. of any common, open space, etc. ___ 7. X One (1) copy of Statement that, with the exception of minimum lot requirements, all regulations of the U.D.O. have been complied with ___ 8. N/A If applicable, a completed checklist along with required submittals from the Subdivision-Final Plat application. X 9. Digital copy of plan sets, elevations, and other supporting documents. This information must be provided on a computer disc, dvd or usb flash. D. Request for Variance: List any requested allowable Variance(s) from the “UDO,” Unified Development Ordinance requirements and the reason(s) for the request (i.e. increased building height). Also provide explanation of compensating actions (i.e. increased building setbacks) where appropriate. N/A E. The applicant hereby agrees that this application will be placed on a Plan Commission agenda only if it is complete in full. Generally, this plan request will be considered by the Commission approximately 21 days after the applicant receives written notice from the Planning & Development Division that the application is completed in full. L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Final Plan).doc Last updated 04/28/15 Page 2 of 3  CHIPOTLE MEXICAN GRILL, INC. MAIN 303.595.4000 1401 WYNKOOP STREET, SUITE 500 WEB chipotle.com DENVER, CO 80202 12 June, 2015 City of DeKalb Community Development Department Planning and Zoning Commission 200 South Fourth Street DeKalb, Illinois 60115 Dear Planning and Zoning Commission: The proposed Chipotle Mexican Grill restaurant located in DeKalb, Illinois will be a Mexican restaurant primarily serving burritos, burrito bowls, tacos and salads. As part of the restaurant concept, outdoor seating is being proposed within an existing patio slab. The patio will be washed down every night, and the furniture will either be placed inside after closing or locked together with a cable on the patio. During the non‐patio seasons, all patio furniture will be stocked at an off‐site location. Sincerely, Rich Fidler, Design Manager Chipotle Mexican Grill 1401 Wynkoop Street, Suite 500 Denver, Colorado 80202 (303) 595‐4000  REZONING PETITION TO: Mayor, City Council & City Clerk of the City of DeKalb, Illinois FROM: Petitioner(s): Chipotle Mexican Grill Telephone: (303) 595-4000 Mailing Address: 1401 Wynkoop Street, Suite 500 Cell: Denver, CO 80202 Fax: (303) 595-4014 Email: rfidler@chipotle.com Petitioner’s Representative: Rich Fidler Telephone: (614) 832-2154 Mailing Address: 6787 McVey Blvd. Cell: (614) 832-2154 Columbus, Ohio 43235 Fax: Email: rfidler@chipotle.com 1. The petitioner hereby petitions the City of DeKalb to rezone the following property: A. Legal Description and Parcel # (s): (If necessary, please attach the full legal description on a separate sheet of paper) Parcel #: 08-12-376-011. Lot 2 Description Legal Description: Final Plat of DeKalb County Shopping Center, being a subdivision of part of the South half Section 12, Township 40 North, Range 4 East of the Third Principal Meridian, as recorded April 12, 2001, in Book "2" of Plats, page 627, as document number 20001005550, in DeKalb, Illinois, as is identified on drawing. See attached legal description and plat survey for more information. B. Street Address or Common Location: 2383 Sycamore Road, DeKalb, IL 60115 C. Size (square feet or acres): 1.07 Acres D. Existing Zoning District: Planned Development - Commercial (PD-C) E. Proposed Zoning District: Planned Development - Commercial (PD-C) (Amended) F. Reason for request: On a separate sheet of paper, describe the reasons for the rezoning request and the intended types of land uses, if any, for the property. Also, indicate whether or not the proposed rezoning would a) be in conformance with the City’s Comprehensive Plan and how the proposed rezoning may b) impact adjacent existing and future land uses, c) impact adjacent property values, and d) impact the general public’s health, safety and welfare. 2. The petitioner hereby submits the following information: (X) Vicinity map of the area proposed to be rezoned, (X) List of current owner, and their mailing addresses, of all property within 250 feet (exclusive of right-of- way) of the property proposed to be rezoned, (X) All files (e.g. site plans, building elevations, legal description, reasons for request) shall be provided on a CD, DVD or flash device that will become part of the application file. (X) Petition fee ($500.00). Planning/Forms & Documents/Petitions/Rezoning Petition  Petition for PLANNED DEVELOPMENT (Preliminary Plan) A. APPLICANT INFORMATION 1. Applicant: Chipotle Mexican Grill Phone: (303) 595-4000 Address: 1401 Wynkoop Street, Suite 500 Fax: (303) 595-4014 Denver, CO 80202 Cell: Email: rfidler@chipotle.com 2. Petitioner's Representative: Rich Fidler Phone: (303) 595-4000 Address: 6787 McVey Blvd. Fax: Columbus, Ohio 43235 Cell: Email: rfidler@chipotle.com 3. Engineer/Architect: Michael J. Wilkus, AIA Phone: (952) 843-5059 Address: 15 Ninth Ave. North Fax: (952) 941-2755 Hopkins, Minnesota 55343 Cell: Contact: Matt Wilkus Email: mmw@wilkusarch.com 4. Surveyor (if applicable): N/A Phone: Address: Fax: Cell: Email: B. GENERAL INFORMATION 1. Project Name: Chipotle Mexican Grill 2. Legal Description and Parcel # (s): (If necessary, briefly describe here and reference the full legal description on the Plat) Parcel #: 08-12-376-011. Lot 2 Description Legal Description: Final Plat of DeKalb County Shopping Center, being a subdivision of part of the South half Section 12, Township 40 North, Range 4 East of the Third Principal Meridian, as recorded April 12, 2001, in Book "2" of Plats, page 627, as document number 20001005550, in DeKalb, Illinois, as is identified on drawing. See attached legal description and plat survey for more information. 3. Street Address or Common Location: 2383 Sycamore Road, DeKalb, IL 60115 4. Size (sq. ft. or acres): 1.07 Acres 5. Existing Zoning: Planned Development - Commercial (PD-C) 6. Proposed Zoning District (check all that apply): PD-R ( ) PD-C (X) PD-I ( ) C. PRE-APPLICATION CONFERENCE A pre-application conference with City Staff is required prior to the acceptance of this application [U.D.O. 5.13.10(1)]. 1. Date of pre-application conference: TBD 2. Those in attendance: TBD L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Preliminary Plan).doc Last updated 4/25/15 Page 1 of 4 D. CHECKLIST This checklist is of items considered to be the minimum necessary to properly process your applications. Each item must be checked by the applicant to signify that it is provided on this application form or on any other attached and/or supporting documentation. Failure to submit all required information will result in delays in the City's consideration of this application [U.D.O. 5.13.10(4)]. If not applicable please indicate Check (X) Item N/A and explain NOTE: A completed checklist from the Subdivision -- Preliminary Plat application along with required submittals must be included if this Planned Development involves any subdivision activity. X ____ 1. Filing Fee: $500.00 (no added fee if subdivision is included) X ____ 2. Twenty (20) copies of Preliminary Plan document X ____ 3. Vicinity Map of the area proposed to be rezoned X ____ 4. List of current owners, and their mailing addresses, of all property within 250 feet (exclusive of right-of-way) of the property proposed to be rezoned X 5. Project report that explains the characteristics, operation, construction schedule, etc. of the proposed development 6. General Information X a. Project Name X b. Key Maps, North Arrow, Scale, Date X c. Gross Acreage of tract to be rezoned (to 0.1 ac) X d. Net Acreage of tract to be rezoned (i.e. gross acreage less acreage devoted to public rights- of-way and/or private streets), including a listing of land area designated for each use N/A e. Number of proposed dwelling units compared to the maximum number of dwelling units This is a non-residential allowed per the original zoning district project 7. Proposed Buildings, Structures, and Parking Areas X a. Location, gross floor area of, and distance between all buildings and structures This is a non-residential N/A b. Floor area devoted to each non-residential use project X c. Percentage of property covered by buildings and structures N/A d. Typical building elevations drawn with sufficient scale and detail to illustrate No exterior building work building mass and architectural features is being completed. N/A e. Location and details of all retaining walls, fences, and earth berms L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Preliminary Plan).doc Last updated 4/25/15 Page 2 of 4  If not applicable please indicate Check (X) Item N/A and explain X f. Location of all refuse collection facilities including screening to be provided X g. Number of off-street parking spaces proposed and the number required ____ X h. Percentage of the property covered by parking areas, streets and roads, sidewalks, and all other impervious surfaces 8. Open Space, Common Areas Landscaping N/A a. Location and general use of common ground, including recreational areas, plazas, pedestrian No landscape work is ways and major landscaped and buffer areas being completed. N/A b. Landscaping information including location, number, and approximate size of all plant No landscape work is material by general category (i.e. deciduous/ being completed. coniferous trees, ornamental trees, shrub masses, and ground cover) ____ X c. Tree survey (if applicable) d. Percentage of the property covered by pervious surfaces with individual percentages for usable open space areas and areas to be devoted to water retention/detention, floodplain and/or natural areas No parking or traffic areas ____ N/A 9. Traffic Survey (if required) are being modified No building construction is ____ N/A 10. Likely construction phases of development being completed. X 11. If applicable, a completed checklist along with required submittals from the Subdivision - Preliminary Plat application X 12. One digital copy of all materials submitted on a cd, dvd or usb disc drive E. Request for Variance: List any requested allowable Variance(s) from the “UDO,” Unified Development Ordinance requirements and the reason(s) for the request (i.e. increased building height). Also provide explanation of compensating actions (i.e. increased building set backs) where appropriate. N/A F. The applicant hereby agrees that this application will be placed on a Plan Commission agenda only if it is completed in full. Generally, this plan request will be considered by the Commission approximately 45 days after the applicant receives written notice from the Planning & Development Division that the application is completed in full. G. The applicant hereby agrees to permit City Staff access to the subject property for purposes of posting a temporary public notice sign. L:\PLANNING\FORMS & DOCUMENTS\P&D PETITIONS\Planned Development (Preliminary Plan).doc Last updated 4/25/15 Page 3 of 4 ACREAGE TO BE REZONED GROSS: 1.07 ACRES NET: 0.94 ACRES SIZE AND AREA GROSS FLOOR AREA: 7,412 SQUARE FEET CHIPOTLE FLOOR AREA: 2,285 SQUARE FEET PATIO AREA: 265 SQUARE FEET PERCENTAGE OF SITE COVERED BY STRUCTURE: 14.9% PERCENTAGE OF SITE COVERED BY IMPERVIOUS SURFACES: 75.1% PERCENTAGE OF SITE COVERED BY PERVIOUS SURFACES: 10% PARKING SPACES: 71 . EXISTING MONUMENT SIGN N E RD ER ‐GREE BARB PROPERTY LINE VERIZON WIRELESS CHIPOTLE EXISTING TRASH ENCLOSURE MEXICAN GRILL RD. SYCAMORE PROPOSED PATIO 1 B FAX PARKING EXISTING MONUMENT SIGN N 1 SITE PLAN A 1" = 40'‐0" Chipotle Mexican Grill EXHIBIT A DeKalb Barber-Greene 2383 Sycamore Rd. PRELIMINARY PLAN DOCUMENT DeKalb, Illinois 60115 SITE PLAN 23 June, 2015  SIZE AND AREA PATIO AREA: 265 SQUARE FEET PATIO SEAT COUNT: 16 SEATS N 1 PATIO PLAN B 1/4" = 1'‐0" EXHIBIT B Chipotle Mexican Grill DeKalb Barber-Greene 2383 Sycamore Rd. DeKalb, Illinois 60115 15 JUNE, 2015  DRAWING NOT TO SCALE EXHIBIT C Chipotle Mexican Grill N DeKalb Barber-Greene 2383 Sycamore Rd. DeKalb, Illinois 60115 15 JUNE, 2015 ITEM #2 - 1500 South Seventh Co-Location Request  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT August 19, 2015 TO: DeKalb Planning and Zoning Commission RE: Verizon Wireless Colocation on AT&T Tower – 1500 South Seventh Street I. GENERAL INFORMATION A. Purpose To obtain a special use permit to co-locate a cellular antenna on an existing telecommunications tower in an industrial zoned district. B. Location 1500 South Seventh Street (AT&T Tower) C. Access South Seventh D. Size 6.24 acres (total property size) E. Existing Zoning “LI” Light Industrial F. Existing Land Use Existing microwave telecommunications tower G. Proposed Land Use Telecommunications tower with new cellular communication antennas H. Surrounding Zoning and Land Use North: LI, GC – Industrial building, Southmoor Estates, commercial businesses, church and FD Station #2 South: LI & RR –Industrial building, McCormick Park and Union Pacific RR. East: PD-I & RR– Park 88 Industrial Park and Union Pacific Railroad line West: SFR2 – Single Family Residences I. Floodplain Not applicable J. Comprehensive Plan Designation Light Industrial PZC075-15 II. APPLICANT'S REQUEST The Applicant, Verizon Wireless, and Dolan Realty Advisors, LLC, acting as their agent, requests the approval of a special use permit to co-locate a cellular communications antenna onto the existing AT&T Telecommunications Tower, located at 1500 South Seventh Street and zoned “LI” Light Industrial. III. CHARACTERISTICS OF SUBJECT PROPERTY AND SURROUNDING LAND USES AND ZONING CLASSIFICATIONS The subject property is approximately 6.24 acres in size and is zoned “LI” Light Industrial. The property is located amidst a mix of residential, commercial and industrial uses, including Southmoor Estates Manufactured Home Park, multi- and single-family residential uses and other mixed industrial uses and McCormick Park. The existing structure is a 300 foot tall telecommunications tower and the total leased area on the ground for the Verizon equipment is approximately 513 square feet with an additional expansion of the access driveway totaling 838 square feet. This proposed development would affect roughly 1400 square feet of land that would locate just south of the current AT&T tower and building. The subject property is generally bound by the Union Pacific Railroad line on the eastern property line, to the north is a large industrial building, manufactured home park and a small industrial businesses, to the west is South Seventh Street and single family residences and then to the south is a smaller industrial building and McCormick Park. IV. ANALYSIS The applicant proposes to place three new antenna arrays on the existing tower. The proposed antennas would be on a structure protruding somewhat from the corners of the existing tower at approximately 125’ above the ground and the entire assembly will be required to be painted to match the tower or of a neutral color. An unmanned equipment shelter and an nine (9) foot tall ice bridge, similar to what was previously approved for the Police Station would also be constructed at the base of the AT&T Tower with the area secured by a six-foot chain link fence with a proposed barbed wire section on the top of the fence. Access would be provided by a proposed 25’ wide gravel access lane which is not compliant with the current UDO’s requirement. Article 12.03.01 indicates that “loading areas, parking lots, driveways, access ways and any other areas on which motor vehicles are parked or stored, or which are used for motor vehicle circulations, or used for the storage or parking of any other vehicle and or trailer, shall be constructed with either a Portland cement concrete, bituminous aggregate mixture or bituminous concrete”. Any variation from that requirement would need to be a condition of approval as a part of the Special Use Permit. Article 7.08 of the Unified Development Ordinance (UDO), also identified as the Wireless PZC075-15 Page 2 of 6 Communications Ordinance (ORD 97-67), regulates the placement, design and use of communications towers. This ordinance allows the placement of new communications antennas on industrially-zoned properties with the approval of a Special Use Permit. This section of the UDO also stipulates that compliance with certain criteria needs to be demonstrated by the applicant prior to approval of the Special Use Permit; the criteria area addressed in the following section of the Staff Report, “V. Standards of Special Use.” V. STANDARDS OF SPECIAL USE 1. Points of Visual Interest Shall Be Protected. The only point of visual interest, as defined by the UDO, in the vicinity of the subject property is McCormick Park, which is located to the south. The co-location of the proposed antennas onto the existing tower will have minimal impact on the profile of the existing structure as they will not extend beyond the height of the existing tower and would extend beyond the width of the tower by three feet according to the plans submitted. Furthermore, the co-location of the antennas on the existing tower is preferred over the creation of a new communications tower in the area. 2. Methods for Protecting Points of Visual Interest. Co-location of the antennas on the existing structure, as opposed to erecting a new communications tower, minimizes the potential impact on McCormick Park. The co-location of the antennas on the existing tower is preferred over the creation of a new communications tower in the area. The Applicant would be required to paint the antennas to match the tower color to minimize its appearance on the legs of the tower. 3. Color Proposed structures are to be a neutral color so that the structure and attached equipment are as visually unobtrusive as possible, unless otherwise specified under Federal Aviation Administration (FAA) regulations. The materials provided by the Applicant do not appear to specify the color of the antenna; requiring that the antenna, cabling, icebridge and related equipment be painted with like colors of the tower or in a neutral light gray color. 4. Height The UDO stipulates that for purposes of co-locating an antenna on an existing tower structure, the antennas may be permitted provided it is no greater than 22 feet taller than the existing structure. The proposed antenna would not extend higher than the existing structure, which complies with this criterion. 5. Setbacks Adjacent to Residential Uses PZC075-15 Page 3 of 6 As the proposed antennas will be co-located on an existing structure, this criterion does not apply to this request. The shelter is located more than 200’ away from Seventh Street which would comply with LI zoning district setback requirements. 6. Lighting The UDO stipulates that no lighting of the tower is permitted except as required by the Federal Aviation Administration (FAA). Because the proposed antennas will not extend above the top of the current tower, it is expected that no additional lighting will be necessary, and this criterion is considered met. 7. Fencing and Security The UDO stipulates that communication towers must be enclosed by a fence not less than six (6) feet in height. The applicant has proposed to encircle the leased area, which is to include the antenna, building, ice bridge and other appurtenances, with a six-foot chain link fence and a one- foot braided barbwire section on top to match the existing fence on the AT&T property. It should be noted that the barbed wire atop the fence should face towards the interior of the property to be consistent with code. One possibility the applicant should consider to deter possible vandalism or theft is a sight-proof fence of at least six feet in height constructed of wood, vinyl, or in materials compatible with the adjacent building is strongly recommended. 8. Landscaping and Screening Article 7.08.06 of UDO requires that landscaping be placed outside the required fence area on sides facing public rights-of-way or residential areas. “Landscaping shall be placed outside the required fence area on sides facing public rights- of-way or residential areas and shall consist of fast growing vegetation with a minimum planted height of four feet, spaced evenly at intervals equal to twice the expected width of the plant material. 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 façade that screens the appearance of the facilities and provides a positive appearance/benefit to the public.” Landscaping appears on the site plan; however the current landscaping plan should include and expand to the west and the south side of the proposed leasable area with plantings along the 27’ south fence line and also planted in a north–south orientation for the first 15 feet of the west line of the proposed driveway extension to block the views from the south and west. 9. Noise PZC075-15 Page 4 of 6 As the proposed structure does not appear to be a source of noise to be monitored and regulated, this criterion does not apply. 10. Tower Design The UDO requires that proposed towers be designed without the use of guy wires or external supports. The site plan does not indicate that any guy wires or supplementary supports are required to maintain the proposed tower’s structural integrity. The proposed antennas are to be mounted directly onto the tower’s support legs. 11. Co-Location Protocol The UDO requires that a special use request for the erection of a new tower be accompanied by evidence that the co-location protocol, as identified in Article 7.08.09 of the UDO, has been met. As this request is in fact a co-location, this criterion has been successfully met. VI. CITIZEN INPUT To date, three supporting letters of the co-location and two objecting letters to this request have been received. Staff believes the efforts to be made by Verizon and their agent to conceal the facilities will help alleviate the concerns of appearance. VII. CONCLUSIONS AND RECOMMENDATIONS The Applicant requests approval of a Special Use Permit to co-locate communication antennas on the support legs for the AT&T Tower, which is in a LI zoning district. The Applicant proposes to place three new antennas on the existing structure at 125 feet above the ground; the antennas are shown to not extend above the top of the tower. Staff review of the application has resulted in no negative comments. Staff view this request as a successful application of the City’s Wireless Communications Ordinance, which results in the co- location of antennas on existing structures in favor of erecting new stand-alone towers to provide comparable communications coverage. To further minimize the appearance of the antennas, the antennas are be painted to match the tower color as proposed. The neutral color of the antennas, along with the antennas’ narrow profile in relation to the height of the existing tower, minimize the potential visual impact of the proposed antennas. The City has had recent conversations with the developer/applicant whereby the coniditions of approval had been discussed. The applicant is aware of and agrees to the recommendations highlighted below. Staff recommends approval of the request, subject to conditions of the special use permit ordinance (listed below). PZC075-15 Page 5 of 6 A sample motion for the Planning and Zoning Commission’s consideration can be found hereafter: Sample Motion Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council the following: 1. Approval of a special use permit to co-locate a cellular communications antenna onto the existing AT&T Telecommunications Tower, located at 1500 South Seventh Street and zoned “LI” Light Industrial; 2. The proposed structure is to be painted in a color that matches the existing tower or of a neutral color, preferably gray, so that the antenna arms and attached equipment are as visually unobtrusive as possible, unless otherwise specified under Federal Aviation Administration (FAA) regulations; 3. The applicant will be required to submit the necessary application to the Federal Aviation Administration (FAA) for its proposed antenna, including compliance with any FAA requirements that may applying to the lighting of the structure; 4. The UDO requires that loading areas, parking lots and driveways used for circulation of vehicles be of an approved surface. The gravel area depicted shall be improved with an approved surface of either a Portland cement concrete, bituminous aggregate mixture or bituminous concrete; 5. The UDO requires landscaping on sides facing public rights-of-way or residential areas, to be planted with vegetation at least four feet in height. As this property will be visible from the south and west, landscaping along those sides will be required. The landscaping plan submitted needs to be adjusted to meet this requirement; and 6. A structural engineer’s report will be required prior to the issuance of building and electrical permits for the antenna. The applicant will present information about the dimensions of the panels to be affixed to the top of the tower, which will be evaluated based on their visual impact on the area. The applicant is strongly advised to consider the use of panels or equipment with narrow profiles that are fabricated/painted to minimize their visual impact on the area. Respectfully Submitted, Derek Hiland Principal Planner PZC075-15 Page 6 of 6 ITEM #3 - PLANNING AND ZONING COMMISSION POLICIES AND PROCEDURES TO: Planning and Zoning Commission FROM: Derek Hiland, Principal Planner DATE: August 21, 2015 RE: Regular Meeting of August 26, 2015 At Planning and Zoning Commission meeting of August 12, 2015 Commissioners reviewed the By-Laws for the Commission and recommended changes. Those changes have been incorporated into the redline version of the document attached to this email. In order to move forward the drafted changes need to be approved and made part of the policies and procedures that the Planning and Zoning Commission follows. Please feel free to contact the Community Development Department with any questions, comments or requests for additional information. PZC070-15 BY LAWS AND ELECTION OF OFFICERS MEMO.docx  BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSIONPLANNING AND ZONING COMMISSION ARTICLE I GOALS AND OBJECTIVES 1.1 GOALS AND OBJECTIVES. The goals and objectives of City of DeKalb Plan CommissionPlanning and Zoning Commission are set forth in Chapter 21 of the Municipal Code for the City of DeKalb under the authority of Chapter 65, Article 11, Divisions 12 and 13 of the Illinois Compiled Statutes. ARTICLE II OFFICERS AND DUTIES 2.1 OFFICERS AND DUTIES. The Officers shall be a Chairperson appointed by the Mayor and a Vice-Chairperson to be selected from members of the Plan CommissionPlanning and Zoning Commission by Plan CommissionPlanning and Zoning Commission members. 2.2 SELECTION AND TENURE. The Vice-Chairperson shall be chosen at the first regular meeting in the month of July. The term of office shall be for two (2) years commencing from the time of election or until successor is selected and assumes office. The Vice-Chairman shall be eligible for re- election. 2.3 DUTIES. The Chairperson shall preside at all meetings and supervise the affairs of the Plan CommissionPlanning and Zoning Commission with the professional direction and assistance of the Community Development Department. The Chairperson shall appoint such sub-committees as may be necessary to carry out the goals and objectives of the Commission. The Chairperson shall also be an ex-officio member of all committees so appointed. The Vice-Chairperson shall act in the capacity of the Chairperson in his absence or disability. In the event the Chairperson should become vacant the Vice-Chairperson shall serve as Acting Chairperson until a new Chairperson is appointed by the Mayor. The Vice Chairperson shall return to the position of Vice-Chairperson upon appointment of a new Chairperson, unless the Vice-Chairperson is appointed as Chairperson, in which case the Commission shall elect a new Vice-Chairperson at the earliest regular Plan CommissionPlanning and Zoning Commission meeting. 2.4 SECRETARY. The position of Secretary of the Plan CommissionPlanning and Zoning Commission shall be staffed by the Community Development Department Secretary. The Secretary shall have the responsibility to assure the recording and maintenance of the permanent minutes of the Commission. Copies of minutes shall be distributed to Commission members as a portion of the back-up materials prior to the next regularly scheduled meeting of the Plan CommissionPlanning and Zoning Commission. Minutes shall also be forwarded to the City Manager, Community Development Director, the Mayor, all City Council Members, and Department Heads. In addition to minutes, the Secretary shall perform other such duties as the PZC073-15 PZC By-Law Draft.docxPC091-07 Page 1 of 6 Amended 7/7/05 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSIONPLANNING AND ZONING COMMISSION, CONTINUED Commission may determine. In the absence of the Secretary, the Chairperson shall appoint a Secretary Pro-tem to perform Plan CommissionPlanning and Zoning Commission duties. 2.5 OFFICIAL DOCUMENTS. The official minutes of the Plan CommissionPlanning and Zoning Commission along with its recommendations shall be permanent records to be kept in the office of the Community Development Department. Any verbatim transcript of recording of the Commission's meetings which are supplemental to the official minutes shall be kept in the office of the Community Development Director for a period of seven (7) years and then may be disposed of by the Community Development Director. All petitions (or applications) for action by the Plan CommissionPlanning and Zoning Commission or changes in the text of the Zoning Ordinance shall be kept by the City Clerk. The Community Development Department shall maintain copies of these petitions and applications together with letters and other file materials for a period of seven (7) years and then may be disposed of by the Community Development Director according to the procedures of the Local Records Commission of the State of Illinois. ARTICLE III MEETINGS 3.1 REGULAR MEETINGS. Regular Meetings shall be held on the Wednesdays following the Second and Fourth Mondays of each month at 76:00 P.M. in the City Council Chambers, 200 S. Fourth Street, DeKalb, Illinois, 60115. In the case of the meeting date falling on a recognized holiday, the Regular Meeting shall be held on the following Wednesday. Regular Meetings of the Plan CommissionPlanning and Zoning Commission shall end by the hour of 109:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Regular Meeting at one (1) hour increments with a motion to extend at each hour. 3.2 SPECIAL MEETINGS. Special Meetings may be called by the Chairman or by any four (4) members of the Plan CommissionPlanning and Zoning Commission. Notice of Special Meetings shall be given by the Secretary to the Members of the Commission at least forty-eight (48) hours prior to such meeting and shall state the purpose and time of the meeting. Special Meetings of the Plan CommissionPlanning and Zoning Commission shall end by the hour of 109:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Special Meeting at one (1) hour increments with a motion to extend at each hour. 3.3 PUBLIC INVITATION. The Plan CommissionPlanning and Zoning Commission is a public body appointed by the Mayor and approved by the City Council. All regular and special meetings and hearings shall be open to the public and all records, accounts and minutes of meetings shall be a matter of public record. 3.4 QUORUM. Four (4) members shall constitute a quorum for any regular or special meeting for PZC073-15 PZC By-Law Draft.docxPC091-07 Page 2 of 6 Last Amended 8/15/0715 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSIONPLANNING AND ZONING COMMISSION, CONTINUED the transaction of business and the taking of official action. Whenever a quorum is not present at a regular or special meeting, those present may adjourn the meeting to another day or hold the meetings for the purpose of considering such matters as are on the agenda. No action taken shall be taken at such a meeting. 3.5 ORDER OF BUSINESS - AGENDA. The Community Development Department shall prepare an agenda for each meeting and the Order of Business therein shall be as follows: a. Call to Order b. Roll Call & Determination of Quorum c. Approval of Agenda Additions - Deletions d. Approval of Minutes of Previous Meeting(s) e. Citizen Comments d.f. Swearing In of Persons to Give Testimony e.g. Old Business f.h. New Business g.i. Considerations j. Future Considerations h.k. Reports i.l. Adjournment Agenda items shall be classified as follows: OLD BUSINESS: Shall be any unfinished business which may be carried over from any previous Regular or Special Commission Meeting and requires a motion to approve, approve in part, amend or take other formal action on any matter before the Plan CommissionPlanning and Zoning Commission. NEW BUSINESS: Shall be any business which requires the Plan CommissionPlanning and Zoning Commission to hold public hearings, or requires action by the Plan CommissionPlanning and Zoning Commission to entertain a motion to approve, approve in part, amend or take other formal action on any matter before the Plan CommissionPlanning and Zoning Commission. CONSIDERATIONS: Shall be business which requires the attention of Plan CommissionPlanning and Zoning Commission, but are items which do not necessarily require any formal action by the Commission. Typically, items for consideration require a consensus opinion as to how the Commissioners feel generally about a specific proposal. Future considerations: Shall be future business which would require the attention of Planning and Zoning Commission, but are items which do not necessarily require any formal action by the Commission. Typically, items for future consideration require a consensus opinion on whether or not to bring the item back for consideration at a future meeting. REPORTS: Report items shall be items which Staff feels should be brought to the attention of the Commission. However, the Commissioners may also report to Staff on items which they feel PZC073-15 PZC By-Law Draft.docxPC091-07 Page 3 of 6 Last Amended 8/15/0715 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSIONPLANNING AND ZONING COMMISSION, CONTINUED require further research and investigation or may be of general interest to the Staff. Parliamentary procedure in Plan CommissionPlanning and Zoning Commission meetings shall be governed by Roberts Rules of Order except where these rules and regulations otherwise provide. 3.6 MOTIONS. Motions shall be restated by the Chair prior to a vote being taken. The names of the motion maker as well as the second shall be recorded. Additionally, the Chair shall have the right to make or second motions. 3.7 VOTING. All members shall have equal voting rights, and shall vote either yes or no on each matter to come before them, unless they disqualify themselves because of a conflict of interest when a matter comes before the Commission and abstain from the discussion and voting. Members shall disclose all direct personal financial interest in any proposal, project or development before the Commission and indicate any personal financial benefit that could result from a decision made by the commission. When concerned that there is a potential appearance of a conflict of interest or a public perception of conflict of interest the Commissioner should recuse him/herself from the particular proposal. When in doubt, the Commissioner may seek advice, for example, from the City Attorney, Planning Staff, other Commission members, or others to determine if a conflict or public perception of conflict might exist. Unless otherwise noted, voting shall be by roll call and shall be recorded by “yes” or “no.” The following actions may be approved by a majority of Commissioners present by voice vote, unless otherwise requested by a Commissioner: Approval of Agenda Additions – Deletions, Minutes of Previous Meeting(s), and Adjournment. The Chair may entertain a motion to approve, approve in part, amend or take other action on any matter before the Plan CommissionPlanning and Zoning Commission. An affirmative vote of at least four (4) members of the Commission shall be required to pass any motion regardless of the number of members present at the meeting except that a majority of a quorum (i.e. 3) for those voting shall be sufficient to approve a motion to adjourn. Any vote which does not receive affirmation by at least four (4) members of the Commission shall be considered to be denied. ARTICLE IV PROCEDURES 4.1 GENERAL PROCEDURES. General procedures to be followed at all Plan CommissionPlanning and Zoning Commission Meetings are those described in attached Exhibit "A". 4.2 PUBLIC HEARINGS. A Public Hearing will be held or a matter will be taken up for consideration, by the Plan CommissionPlanning and Zoning Commission provided that: PZC073-15 PZC By-Law Draft.docxPC091-07 Page 4 of 6 Last Amended 8/15/0715 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSIONPLANNING AND ZONING COMMISSION, CONTINUED a. No application for a recommendation or other action by the Plan CommissionPlanning and Zoning Commission shall be considered until all information required by applicable laws or ordinances has been submitted. No item shall be placed on the agenda of the Plan CommissionPlanning and Zoning Commission unless all information has been submitted not less than eighteen (18) days prior to the hearing. Where a longer period of time may be required for compliance with law or ordinance the item shall not be placed on the agenda unless compliance with applicable laws or ordinances can be obtained. b. Where action is mandated by law or ordinance to be taken by a certain date and all information has not been submitted, it shall be the policy of the Plan CommissionPlanning and Zoning Commission to deny or recommend denial of an application or petition on grounds that the requirements of applicable laws or ordinance have not been met. c. Following initial consideration of an item of business, at the discretion of the Plan CommissionPlanning and Zoning Commission, additional information pertinent to that business may be requested and considered prior to a decision on it. d. Any motion to approve, approve in part, amend or take other action on certain petitions requiring a public hearing (i.e., rezoning or special use permits) shall include, as part of the motion, a "Findings of Fact" statement prepared and formatted as provided by law. e. For all recommendations or actions to be taken by the Plan CommissionPlanning and Zoning Commission after January 1, 1976, involving lands outside the corporate limits of the City of DeKalb, no action shall be taken until thirty (30) days after a copy of the petition for such action has been filed pursuant to 70 ILCS 405/22.02a. PZC073-15 PZC By-Law Draft.docxPC091-07 Page 5 of 6 Last Amended 8/15/0715 BY-LAWS OF THE CITY OF DEKALB PLAN COMMISSIONPLANNING AND ZONING COMMISSION, CONTINUED ARTICLE V MATTERS TO BE CONSIDERED 5.0 MATTERS TO BE CONSIDERED BY THE PLAN COMMISSIONPLANNING AND ZONING COMMISSION. The Commission shall consider and make recommendation on the following matters. The Commission's action on these matters is advisory only, with all recommendations to be considered for formal action by the City Council. a. Petitions and Staff proposals for changes in the zoning ordinance. Action to be taken on Petitions and Staff proposals are to be done in accordance with Section IV of these By-Laws. b. Petitions on rezoning and special use permits. Action to be taken on Petitions on Rezoning and Special Use Permits are to be done in accordance with Section IV of these By-Laws. c. Approval of preliminary and final subdivision plats. d Recommend land suitable for annexation and to recommend zoning classification of such land upon annexation. e. Approval of all plans prior to publication and general circulation including but not limited to the Comprehensive Plan for the City. f. Recommendations to the City Council on street and alley vacations in accordance with Section IV of these By-Laws. g. Other such matters which may be advisable or essential to receive Plan CommissionPlanning and Zoning Commission consideration. ARTICLE VI AMENDMENTS 6.0 AMENDMENTS. These rules and regulations of organization and procedures may be amended at any regular or special meeting at which a majority of the Plan CommissionPlanning and Zoning Commission are present and consent thereto. These rules shall be reviewed and re-adopted annually, with or without amendment at the last regular meeting in July. Passed as amended by the Plan CommissionPlanning and Zoning Commission of the City of DeKalb at its Regular Meeting held on the 15 26th day of August , 200715. ________________________________________________ John GuioChristina Atherton, Chairman City of DeKalb Plan CommissionPlanning and Zoning Commission PZC073-15 PZC By-Law Draft.docxPC091-07 Page 6 of 6 Last Amended 8/15/0715  BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION ARTICLE I GOALS AND OBJECTIVES 1.1 GOALS AND OBJECTIVES. The goals and objectives of City of DeKalb Planning and Zoning Commission are set forth in Chapter 21 of the Municipal Code for the City of DeKalb under the authority of Chapter 65, Article 11, Divisions 12 and 13 of the Illinois Compiled Statutes. ARTICLE II OFFICERS AND DUTIES 2.1 OFFICERS AND DUTIES. The Officers shall be a Chairperson appointed by the Mayor and a Vice-Chairperson to be selected from members of the Planning and Zoning Commission by Planning and Zoning Commission members. 2.2 SELECTION AND TENURE. The Vice-Chairperson shall be chosen at the first regular meeting in the month of July. The term of office shall be for two (2) years commencing from the time of election or until successor is selected and assumes office. The Vice-Chairman shall be eligible for re- election. 2.3 DUTIES. The Chairperson shall preside at all meetings and supervise the affairs of the Planning and Zoning Commission with the professional direction and assistance of the Community Development Department. The Chairperson shall appoint such sub-committees as may be necessary to carry out the goals and objectives of the Commission. The Chairperson shall also be an ex-officio member of all committees so appointed. The Vice-Chairperson shall act in the capacity of the Chairperson in his absence or disability. In the event the Chairperson should become vacant the Vice-Chairperson shall serve as Acting Chairperson until a new Chairperson is appointed by the Mayor. The Vice Chairperson shall return to the position of Vice-Chairperson upon appointment of a new Chairperson, unless the Vice-Chairperson is appointed as Chairperson, in which case the Commission shall elect a new Vice-Chairperson at the earliest regular Planning and Zoning Commission meeting. 2.4 SECRETARY. The position of Secretary of the Planning and Zoning Commission shall be staffed by the Community Development Department Secretary. The Secretary shall have the responsibility to assure the recording and maintenance of the permanent minutes of the Commission. Copies of minutes shall be distributed to Commission members as a portion of the back-up materials prior to the next regularly scheduled meeting of the Planning and Zoning Commission. Minutes shall also be forwarded to the City Manager, Community Development Director, the Mayor, all City Council Members, and Department Heads. In addition to minutes, the Secretary shall perform other such duties as the Commission may determine. In the absence of the Secretary, the Chairperson shall appoint a Secretary Pro-tem to PZC073-15 PZC By-Law Final.docx Page 1 of 6 Amended 7/7/05 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED perform Planning and Zoning Commission duties. 2.5 OFFICIAL DOCUMENTS. The official minutes of the Planning and Zoning Commission along with its recommendations shall be permanent records to be kept in the office of the Community Development Department. Any verbatim transcript of recording of the Commission's meetings which are supplemental to the official minutes shall be kept in the office of the Community Development Director for a period of seven (7) years and then may be disposed of by the Community Development Director. All petitions (or applications) for action by the Planning and Zoning Commission or changes in the text of the Zoning Ordinance shall be kept by the City Clerk. The Community Development Department shall maintain copies of these petitions and applications together with letters and other file materials for a period of seven (7) years and then may be disposed of by the Community Development Director according to the procedures of the Local Records Commission of the State of Illinois. ARTICLE III MEETINGS 3.1 REGULAR MEETINGS. Regular Meetings shall be held on the Wednesdays following the Second and Fourth Mondays of each month at 6:00 P.M. in the City Council Chambers, 200 S. Fourth Street, DeKalb, Illinois, 60115. In the case of the meeting date falling on a recognized holiday, the Regular Meeting shall be held on the following Wednesday. Regular Meetings of the Planning and Zoning Commission shall end by the hour of 9:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Regular Meeting at one (1) hour increments with a motion to extend at each hour. 3.2 SPECIAL MEETINGS. Special Meetings may be called by the Chairman or by any four (4) members of the Planning and Zoning Commission. Notice of Special Meetings shall be given by the Secretary to the Members of the Commission at least forty-eight (48) hours prior to such meeting and shall state the purpose and time of the meeting. Special Meetings of the Planning and Zoning Commission shall end by the hour of 9:00 p.m. except when a majority of the members in attendance vote to extend the ending time of any Special Meeting at one (1) hour increments with a motion to extend at each hour. 3.3 PUBLIC INVITATION. The Planning and Zoning Commission is a public body appointed by the Mayor and approved by the City Council. All regular and special meetings and hearings shall be open to the public and all records, accounts and minutes of meetings shall be a matter of public record. 3.4 QUORUM. Four (4) members shall constitute a quorum for any regular or special meeting for the transaction of business and the taking of official action. Whenever a quorum is not present at a regular or special meeting, those present may adjourn the meeting to another day or hold the meetings for the purpose of considering such matters as are on the agenda. No action taken shall be taken at such a meeting. PZC073-15 PZC By-Law Final.docx Page 2 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED 3.5 ORDER OF BUSINESS - AGENDA. The Community Development Department shall prepare an agenda for each meeting and the Order of Business therein shall be as follows: a. Call to Order b. Roll Call & Determination of Quorum c. Approval of Agenda Additions - Deletions d. Approval of Minutes of Previous Meeting(s) e. Citizen Comments f. Swearing In of Persons to Give Testimony g. Old Business h. New Business i. Considerations j. Future Considerations k. Reports l. Adjournment Agenda items shall be classified as follows: OLD BUSINESS: Shall be any unfinished business which may be carried over from any previous Regular or Special Commission Meeting and requires a motion to approve, approve in part, amend or take other formal action on any matter before the Planning and Zoning Commission. NEW BUSINESS: Shall be any business which requires the Planning and Zoning Commission to hold public hearings, or requires action by the Planning and Zoning Commission to entertain a motion to approve, approve in part, amend or take other formal action on any matter before the Planning and Zoning Commission. CONSIDERATIONS: Shall be business which requires the attention of Planning and Zoning Commission, but are items which do not necessarily require any formal action by the Commission. Typically, items for consideration require a consensus opinion as to how the Commissioners feel generally about a specific proposal. Future considerations: Shall be future business which would require the attention of Planning and Zoning Commission, but are items which do not necessarily require any formal action by the Commission. Typically, items for future consideration require a consensus opinion on whether or not to bring the item back for consideration at a future meeting. REPORTS: Report items shall be items which Staff feels should be brought to the attention of the Commission. However, the Commissioners may also report to Staff on items which they feel may be of general interest to the Staff. Parliamentary procedure in Planning and Zoning Commission meetings shall be governed by Roberts Rules of Order except where these rules and regulations otherwise provide. 3.6 MOTIONS. Motions shall be restated by the Chair prior to a vote being taken. The names of the motion maker as well as the second shall be recorded. Additionally, the Chair shall have the right to make or second motions. PZC073-15 PZC By-Law Final.docx Page 3 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED 3.7 VOTING. All members shall have equal voting rights, and shall vote either yes or no on each matter to come before them, unless they disqualify themselves because of a conflict of interest when a matter comes before the Commission and abstain from the discussion and voting. Members shall disclose all direct personal financial interest in any proposal, project or development before the Commission and indicate any personal financial benefit that could result from a decision made by the commission. When concerned that there is a potential appearance of a conflict of interest or a public perception of conflict of interest the Commissioner should recuse him/herself from the particular proposal. When in doubt, the Commissioner may seek advice, for example, from the City Attorney, Planning Staff, other Commission members, or others to determine if a conflict or public perception of conflict might exist. Unless otherwise noted, voting shall be by roll call and shall be recorded by “yes” or “no.” The following actions may be approved by a majority of Commissioners present by voice vote, unless otherwise requested by a Commissioner: Approval of Agenda Additions – Deletions, Minutes of Previous Meeting(s), and Adjournment. The Chair may entertain a motion to approve, approve in part, amend or take other action on any matter before the Planning and Zoning Commission. An affirmative vote of at least four (4) members of the Commission shall be required to pass any motion regardless of the number of members present at the meeting except that a majority of a quorum (i.e. 3) for those voting shall be sufficient to approve a motion to adjourn. Any vote which does not receive affirmation by at least four (4) members of the Commission shall be considered to be denied. ARTICLE IV PROCEDURES 4.1 GENERAL PROCEDURES. General procedures to be followed at all Planning and Zoning Commission Meetings are those described in attached Exhibit "A". 4.2 PUBLIC HEARINGS. A Public Hearing will be held or a matter will be taken up for consideration, by the Planning and Zoning Commission provided that: a. No application for a recommendation or other action by the Planning and Zoning Commission shall be considered until all information required by applicable laws or ordinances has been submitted. No item shall be placed on the agenda of the Planning and Zoning Commission unless all information has been submitted not less than eighteen (18) days prior to the hearing. Where a longer period of time may be required for compliance with law or ordinance the item shall not be placed on the agenda unless compliance with applicable laws or ordinances can be obtained. b. Where action is mandated by law or ordinance to be taken by a certain date and all information has not been submitted, it shall be the policy of the Planning and Zoning Commission to deny or recommend denial of an application or petition on grounds that the requirements of applicable laws or ordinance have not been met. PZC073-15 PZC By-Law Final.docx Page 4 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED c. Following initial consideration of an item of business, at the discretion of the Planning and Zoning Commission, additional information pertinent to that business may be requested and considered prior to a decision on it. d. Any motion to approve, approve in part, amend or take other action on certain petitions requiring a public hearing (i.e., rezoning or special use permits) shall include, as part of the motion, a "Findings of Fact" statement prepared and formatted as provided by law. e. For all recommendations or actions to be taken by the Planning and Zoning Commission after January 1, 1976, involving lands outside the corporate limits of the City of DeKalb, no action shall be taken until thirty (30) days after a copy of the petition for such action has been filed pursuant to 70 ILCS 405/22.02a. ARTICLE V MATTERS TO BE CONSIDERED 5.0 MATTERS TO BE CONSIDERED BY THE PLANNING AND ZONING COMMISSION. The Commission shall consider and make recommendation on the following matters. The Commission's action on these matters is advisory only, with all recommendations to be considered for formal action by the City Council. a. Petitions and Staff proposals for changes in the zoning ordinance. Action to be taken on Petitions and Staff proposals are to be done in accordance with Section IV of these By-Laws. b. Petitions on rezoning and special use permits. Action to be taken on Petitions on Rezoning and Special Use Permits are to be done in accordance with Section IV of these By-Laws. c. Approval of preliminary and final subdivision plats. d Recommend land suitable for annexation and to recommend zoning classification of such land upon annexation. e. Approval of all plans prior to publication and general circulation including but not limited to the Comprehensive Plan for the City. f. Recommendations to the City Council on street and alley vacations in accordance with Section IV of these By-Laws. g. Other such matters which may be advisable or essential to receive Planning and Zoning Commission consideration. PZC073-15 PZC By-Law Final.docx Page 5 of 6 Last Amended 8/15/15 BY-LAWS OF THE CITY OF DEKALB PLANNING AND ZONING COMMISSION, CONTINUED ARTICLE VI AMENDMENTS 6.0 AMENDMENTS. These rules and regulations of organization and procedures may be amended at any regular or special meeting at which a majority of the Planning and Zoning Commission are present and consent thereto. These rules shall be reviewed and re-adopted annually, with or without amendment at the last regular meeting in July. Passed as amended by the Planning and Zoning Commission of the City of DeKalb at its Regular Meeting held on the 26th day of August , 2015. ________________________________________________ Christina Atherton, Chairman City of DeKalb Planning and Zoning Commission PZC073-15 PZC By-Law Final.docx Page 6 of 6 Last Amended 8/15/15