Planning & Zoning Commission

AGENDA Planning and Zoning Commission May 25, 2016 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. CITIZEN COMMENTS (OPEN FLOOR TO ANYONE W ISHING TO SPEAK ON RECORD) D. APPROVAL OF MINUTES 1. APRIL 13, 2016 MEETING E. OLD BUSINESS F. NEW BUSINESS 1. Public Hearing on a Special Use Permit Request for 858 W. Lincoln Highway on a request by Bill Streur of Book World, INC on behalf of the Junction Shopping Center which would allow for an additional 16 square feet of signage to be installed on the existing easternmost legally nonconforming custom ground sign. G. CONSIDERATIONS H. FUTURE CONSIDERATIONS I. REPORTS / ITEMS FOR NEXT MEETING 1. Consideration of requests by Greenwood Acres PUD, LLC for approval of the Final Plan / Final Plat and development plans for the subject property on a proposed multitenant development at 2023 Sycamore Road (SW corner of Greenwood Acres Drive and Sycamore Road). 2. Public Hearing on a Special Use Request for a conversion of a Single Family Residence to Two Family Residence located at 302 S. Third Street, DeKalb Illinois. 3. Public Hearing on Variance requests for St. Mary’s Church to allow for the encroachment of the front stairwell into the front yard setback at 329 Pine Street, DeKalb Illinois. J. ADJOURNMENT *NOTE* MEETING TO BE HELD IN THE DEKALB POLICE DEPARTMENT’S 2ND FLOOR CLASSROOM PZC041-16 ITEM D1  DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING April 13, 2016 The City of DeKalb Planning & Zoning Commission held a regular meeting on April 13, 2016 in the City Council Chamber of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Atherton called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: David Castro, Jerry Wright, Roger Ruehling and Chair Christina Atherton. Members absent: Deborah Nier, Matthew Crull and Adam Katz. Also present: Derek Hiland, Principal Planner and Natalie Nelson, Administrative Assistant. APPROVAL OF AGENDA A motion was made by R. Ruehling to approve the April 13, 2016 agenda. The motion was seconded by D. Castro and approved by voice vote. CITIZEN COMMENTS None. APPROVAL OF MINUTES A motion was made by D. Castro to approve the March 2, 2016 Special Meeting minutes, as amended. The motion was seconded by J. Wright and approved by voice vote A motion was made by J. Wright to approve the March 16, 2016 meeting minutes. The motion was seconded by D. Castro and approved by voice vote. OLD BUSINESS None. NEW BUSINESS 1. Public Hearing on two Variance Requests for 1215 Market Street by Ryan and Diane Kelly on a conversion of an accessory structure into a single family dwelling unit. A variance to UDO 5.14.07(1) to permit more than one principal building on a lot, and a variance to UDO 5.14.05(2)(c) to permit a rear yard of 9.7 feet instead of the required 30 feet. D. Hiland presented the City’s comments upon this request. He provided a history upon the property in question. The petitioners acquired the property approximately one year ago and performed substantial work on principal building, which is the original single-family house. A former owner of the property used the accessory structure in the rear of property, just off the alley, as an upholstery business. The previous owner arranged to have water, sewer, and electricity hooked up. The current owners of the property desire to convert the accessory structure into a dwelling. City Staff recommended denying the request for both variances. The author of the staff report (Robert Hupp, Consulting Planner) wrote the staff report, and D. Hiland stated that he would be able to answer any questions that arise. Since this is a concurrent review, D. Hiland reminded the commission that they would be acting as the Zoning Board of Appeals and decisions regarding the variances requested are final. He stated that if the variance requests in Item 1 are not approved by the Zoning Board of Appeals, the Special Use Permit in Item 2 cannot be approved by the Planning and Zoning Commission. Atherton asked for clarification on how to move forward if they deny the two variance requests, and whether Item 2 would be void. D. Hiland replied that the two variance requests must be approved in order to approve the Special Use Permit request. Chair Atherton asked if the commission members had any questions before opening the discussion. There were none. Diane Kelly and Ryan Kelly, both of 3434 Roseman Lane, spoke upon their intentions regarding their property at 1215 Market Street. Mr. Kelly stated that they purchased the property as an opportunity to take care of his grandparents, and in the future his mother. He stated that the sewer, toilet, sink, furnace, and water heater were already in place. The one-car garage already part of the structure would not change. A lot of improvements were made to the exterior of the principal structure, including removal of trees and updating the building exterior, which has increased the property value as well as the value of the properties around it. He stated that they did not believe that their plans for the property would have a big effect upon the neighborhood. The accessory building’s interior walls would not be changed; the only work planned is to make the building appear more presentable and repairing the roof. Ms. Kelly spoke upon the objections to the variances in the staff report and citizen responses. The building is larger than a typical garage and served by utilities, and toilet, sink, water heater, and sewer access existed prior to the RC-1 zoning designation. She responded to an objection to another rental property: this structure would not be rental, rather they would live in it, making it an owner-occupied residence. She addressed concern about parking difficulties. The property is near the end of Market Street where it is less congested. They plan to use the one-car garage and the concrete pad outside of the garage, not the alley, for parking their own vehicles, and they plan to use street parking for the principal building. She stated that the citizen’s concern about drug dealing in the alley where it is less conspicuous would not be an issue since they would be living in the building, not renting it out. She asked that the board consider the fact that all of the utilities are already present. Citizen Comments Jim Schneider of 1139 State Street recounted how he grew up in the neighborhood where there are residences on the alleyway that were once used as small shops. He stated that he and other neighbors do not support the variance, because approving this plan would be a slippery slope to approving more of them. The alley is already in poor condition due to garbage trucks and due to the slope of the lot the property in question often floods. He supports keeping the property as one-family, as it was intended. Keith Rebhorn of 1203 Market Street thanked the Planning and Zoning Commission for taking the proper steps for addressing the variance request and allowing neighbors to voice their concerns. Besides parking and crime issues, he has other concerns. He is concerned that the neighborhood, and the City, would look shabbier and experience lower property values for everyone if the variance requests were approved. He voiced concern about what would happen when the Kelly family sells the property as a two-family lot. He cited the City of DeKalb requirements that residential buildings are setback no less than the 20 feet; the proposed second home is set back only 9-1/2 feet from the alley. The lot, which is 8,400 sf, is too small to accommodate two homes, as City requires a lot for one home to be at least 6,000 sf. He stated if the variance requests were approved, only the owners of 1215 Market Street would benefit financially. The surrounding homeowners’ property values would decrease while the density in the area would increase. He recounted that there are more rental homes than owner-occupied homes in the area, which negatively affects the property values. Chairman Atherton asked for additional comments from citizens. There were none. Chairman Atherton invited the petitioners to respond. Mrs. Kelly stated that they understand the concerns of the neighbors and have responded to each concern. She said that she appreciates that the City has rules in place but also may make allowances for variances when appropriate. She thanked the commission for considering their request. Chairman Atherton made one last call for comments. There were none. She closed the citizen comments session and turned to the commission members to invite them to ask questions or provide thoughts or comments. D. Castro asked D. Hiland to provide a brief explanation of the RC-1 zoning district. It was established in 2007 and 2008 to preserve the character and “original residential use” of older DeKalb neighborhoods. Previous to RC-1 rezoning, these particular neighborhoods were either zoned two- family or multi-family residential while the land use was predominantly single-family residential. Many of the homes in these neighborhoods were converted in the 1950s and ‘60s to two-family residences either by right or through presenting permits to the City. When this zoning district was instituted, the properties were cataloged and if the buildings were currently legal, they were allowed to remain as “legal-nonconforming.” If a building(s) were torn down, sold, or vacated, the building would revert to its original single-family residential use. Prior to the RC-1 zoning, some properties with accessory structures used as dwelling units were allowed, some of which still remain today. D. Castro asked if the former upholstery business ever had someone living in the shop. D. Hiland stated that the structure is missing one requirement from the dwelling unit definition in the City’s Code; it has no kitchen area. D. Hiland also spoke on the accessory structure’s setback, which was likely sufficient, as it was not used as a principal structure. The setback requirement for the two principal structures is 30 feet, but for the accessory structure off the alleyway is 5 to 10 feet. D. Castro referred to the figures in the meeting packet regarding the percentages of properties that are single-family and two-family. He asked what the percentage of properties are zoned multi-family residential in the entire City of DeKalb. D. Hiland pointed to two multi-family zoned areas of the City: east of the lagoon in the College-John-August area and north of campus in the Greenbrier- Blackhawk-Kimberly area off of Normal Road. The character and density of these neighborhoods are very different from the area surrounding the property in question. Castro stated that zoning and structurally the area in which the Kelly family wishes to build is not similar to those. R. Ruehling pointed out that the staff report cited that only 3 of 830 parcels that are similar to the property in question, with two separate principal dwelling units on one lot, which is less than 1%. J. Wright asked if the upholstery business would have had to get appropriate zoning approved. D. Hiland stated that the business existed for decades, 40 or more years and was not sure if zoning approval was ever granted for the upholstery business. Keith Rebhorn, from the audience, stated that the accessory structure was built in the mid-1950s when the City did not have zoning regulations. He personally knew the family that built the home and the accessory building. J. Wright asked if the accessory building was built as a business. Mr. Rebhorn confirmed that Bud Smith set up and ran his upholstery business from that building starting in the ‘50s until the late ‘70s when it was mainly used for storage. J. Wright asked if anyone currently lives in the garage. Mr. Kelly stated that nobody lives in the garage structure; his grandparents presently live in the principal structure. He pointed out that in the plans, the accessory structure is not laid out with open space like a garage. There is an area that could be a kitchen, a bathroom area, and a 12x15 bedroom. The building is concrete block. Mr. Kelly confirmed that the sewer does run from the garage to the home, not to a septic tank. D. Castro stated that this was a very difficult case. He stated he could easily see himself in the same situation as Mr. and Mrs. Kelly, discovering after purchasing a property that regulations prevent changing the property in the way they propose. He asked about what mechanisms the City has in place to minimize this situation from happening in the future. He stated he did not support approving the variance requests. He stated he does support the City’s effort to contain the multi-family residential areas. R. Reuhling said he has been on the commission for many years and never had a case like this before, so there is no precedent to cite. He said he is not in favor of approving the variance requests. J. Wright stated that the residents in the neighborhood have good points. He stated that he understood that the future of the property is in question, after it is sold. He stated he does not support this variance. Chairman Atherton commended Mr. and Mrs. Kelly for presenting their plans to the City. She recounted that she has recently purchased a home in the RC-1 area and found properties with two residences, which she shied away from considering for purchase. She stated she was concerned about the difficulty to resell a property like that in the future. Chairman Atherton asked for guidance from D. Hiland on how to vote on both of the variance requests. D. Hiland responded that both variance requests could be considered and voted upon at the same time. She asked for a motion to approve or deny the variance requests. R. Ruehling motioned to approve the variance requests. D. Castro seconded the motion. A roll call vote was taken: R. Ruehling—No, D. Castro—No, J. Wright—No, and Chairman Atherton—No. Yes-0, No-4. Motion failed. 2. Public Hearing on a Special Use Permit Request for 1215 Market Street by Ryan and Diane Kelly for a Two Family Unit at 1215 Market Street, DeKalb, Illinois 60115 which would allow for the accessory structure on the parcel to be converted into a single family residence. Chair Atherton asked for comments for the public hearing. There were no comments. R. Ruehling motioned to approve the Special Use Permit request. D. Castro seconded the motion. A roll call vote was taken: D. Castro—No, R. Ruehling—No, J. Wright—No, and Chairman Atherton— No. Yes-0, No-4. Motion failed. 3. Public Hearing on a zoning amendment for 2944 Greenwood Acres Drive to authorize a modification of the campus roadway plan around the new addition to the Oak Crest Retirement Center, by amending the Planned Development Residential Zoning Ordinance, including Preliminary Plan and Final Plan approval. D. Hiland stated that Oak Crest came before the commission a few months ago to rezone part of their campus plan and approve the PUD to build an addition to the facility. The amended plan presented to the commission includes eliminating one of the private roadways and expanding the retention pond. City staff and the City’s attorney determined this was a major amendment to the PUD, which requires commission approval. Presented tonight was the revised landscaping plan, which increases the amenities that embraces the size of the pond, making the north access point to the property more attractive. The retirement center provided revised plans for landscaping, signage, and sidewalks. D. Hiland stated that City staff supports this zoning amendment. Chair Atherton opened discussion from the floor. Steve Cichy, Executive Director of Oak Crest DeKalb Area Retirement Center, stated they were surprised and disappointed to learn that the roadway modification would require additional review and approval. Mr. Cichy explained that there were two ways in which the traffic could go to enter and exit the campus. Instead of having the existing roadway divide two ponds, they made the decision to have one pond and the cars proceed from the garage to the left. This change would allow Oak Crest to maintain the area better, provide for more green space, and make the area more attractive to visitors and residents. Chair Atherton opened the discussion from the floor. Mike Larson of 633 Oakland Drive, soon to be a resident at Oak Crest, voiced support for this revised plan. Chair Atherton closed public hearing and turned to the commission for comments. D. Castro asked D. Hiland, for future reference, what triggered the need to bring this issue to the commission. Mr. Hiland explained the differences between minor amendments, which can be approved by City staff, and major amendments, which require commission action. Changing rights- of-way, access, and traffic constitutes a major amendment. D. Castro recalled that there was a resident who questioned this revised plan. D. Hiland responded that the resident, who lives near the southern end of Oak Crest, approached him before tonight’s meeting. When the resident saw on a map the proposed changes, he was relieved to learn they would not affect him. Chair Atherton requested a motion to accept the zoning amendment. J. Wright motioned to approve the zoning amendment. R. Reuhling seconded the motion. A roll call vote was taken: J. Wright—Yes, R. Ruehling—Yes, D. Castro—Yes, and Chairman Atherton—Yes. Yes-4, No-0. Motion passed. CONSIDERATIONS None. FUTURE CONSIDERATIONS None. REPORTS/ITEMS FOR NEXT MEETING 1. Consideration of requests by Greenwood Acres PUD, LLC for approval of the Final Plan / Final Plat and development plans for the subject property on a proposed multitenant development at 2023 Sycamore Road (SW corner of Greenwood Acres Drive and Sycamore Road). D. Hiland reminded the commission that Ron Breese, d/b/a Greenwood Acres PUD, LLC, presented a preliminary plan for development of the southwest corner of Greenwood Acres Drive and Sycamore Road, which the commission approved a few meetings ago. The petitioner’s engineer responded quickly to the concerns brought forth by the commission. Mr. Breese instructed his team to move forward with developing the final plan / final plat for the commission to approve prior to the City Council’s annexation hearing meeting. Chair Atherton confirmed with D. Hiland that this item would likely appear on the agenda at the April 27, 2016 meeting. ADJOURNMENT Seeing and hearing no more comments, Chair Atherton requested a motion to adjourn. A motion was made by J. Wright. The motion was seconded by D. Castro and approved by voice vote. The meeting adjourned 7:08p.m. Respectfully submitted, Natalie Nelson, Recorder ITEM F1  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT May 18, 2016 TO: DeKalb Planning and Zoning Commission RE: Junction Shopping Center – Special Use Permit for Book World Sign I. GENERAL INFORMATION A. Purpose To obtain a Special Use Permit in order to place additional signage on the easternmost Junction Shopping Center Sign for Book World, Inc. B. Location 858 W. Lincoln Highway C. Access West Lincoln Highway. D. Size Custom made ground sign totaling approximately 153 square feet. E. Existing Zoning “LC” Light Commercial District F. Existing Land Use Commercial Shopping Center G. Proposed Land Use Same as above but with a larger ground sign along Lincoln Highway Frontage H. Surrounding Zoning and Land Use North – LC, GC & NIU (Apartments, restaurants and the University) South – SFR2 (Union Pacific Rail Road and the Prairie Park) East – LC & GC (mixed commercial and DeKalb Police Department) West – GC (mixed commercial uses) I. Floodplain Not in the floodplain J. Comprehensive Plan Designation Commercial PZC040-16 Junction Shopping Center - Book World Sign SUP.docx II. APPLICANT'S REQUEST The Applicant requests the approval of a special use permit for a proposed addition to a legally non-conforming sign on property zoned “LC” Light Commercial and located at 858 W. Lincoln Highway. Book World, Inc. has identified the Junction Shopping Center as a location they want to occupy in the community and want to add an additional 16 square feet to the easternmost custom ground sign near the Lincoln Highway frontage to identify the bookstore as a tenant. The request is necessary because the proposed sign addition is prohibited by the Unified Development Ordinance given that the overall scale, height and square footage of the sign exceeds the limits placed upon the proposed signage. However through the Special Use Permit approval an exception to the sign ordinance can be granted. III. CHARACTERISTICS OF SUBJECT PROPERTY AND SURROUNDING LAND USES AND ZONING CLASSIFICATIONS The subject property is zoned LC and is currently operating as the commercial shopping center with available spaces for lease whereby Book World, Inc would like to locate. Property to the north is zoned “GC” General Commercial and LC and has apartments, copy services and multiple restaurants are located within multi-tenant spaces and buildings. Beyond that is the NIU “Northern Illinois University” campus and consists of typical institutional uses. To the east properties are zoned LC and PD-C and are occupied by a restaurant and the DeKalb Police Department. To the west LC and GC zoning exists and within it a mix of commercial and residential uses, including apartments, gas station and multiple restaurants. To the south lies the Union Pacific Railroad and Prairie Park, just south of tracks. IV. ANALYSIS Book World, Inc. is seeking permission to add signage to the custom built Junction Shopping Center ground sign that will result in increased visibility for the proposed tenant of the center. The Junction Shopping Center is a multitenant strip center building along with three other stand-alone buildings that currently has 17 storefronts wrapped around in a horseshoe fashion. The center has two larger ground pole signs that total approximately 153 square feet located at each entrance. The easternmost sign is proposed to include an additional 16 square feet for a proposed tenant of the multitenant building (see photo). The Special Use Permit is the only mechanism that would allow Book World, Inc. to add signage to a legally nonconforming sign in a manner they see fit to help identify their location in the center. The proposed ground sign exceeds the maximum height and overall size that is PZC040-16 Junction Shopping Center - Book World Sign SUP.docx Page 2 of 4 allowed by the UDO and constructed in a manner that conflicts with the specific design guidelines for a ground style monument sign. Staff supports the sign plan as discussed and approval is recommended. V. STANDARDS OF SPECIAL USES a. The proposed special use complies with all provisions of the applicable district regulations. If approved as a Special Use the proposed easternmost sign within the shopping center would comply with UDO regulations. b. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed custom ground sign would not be unreasonably detrimental to property values nor to the public welfare at large. c. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the special use will so dominate the immediate neighborhood, consideration shall be given to: (1) The location, nature and height of buildings, structures, walls and fences on the site; and (2) The nature and extent of proposed landscaping and screening on the proposed site. The land use and accompanying physical features are generally compatible with the appearance of other nearby properties zoned LC and GC. The custom sign will not dominate the immediate neighborhood. d. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate utilities are provided to the site and throughout. e. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of PZC040-16 Junction Shopping Center - Book World Sign SUP.docx Page 3 of 4 the City of DeKalb. The proposed sign will be operated in a manner that is not detrimental to the permitted developments and uses in the surrounding areas. VII. CITIZEN INPUT One letter of support was received for the signage plan proposal. VIII. CONCLUSIONS AND RECOMMENDATIONS The Special Use Permit can be operated in a manner that not detrimental to the permitted developments and uses in the surrounding areas by allowing signs that do not comply with the minimum and maximum standards of the Unified Development Ordinance in regard to increasing their visibility and presence. Approval of the Special Use Permit for exceptions to Article 13 “Signs” are recommended subject to the signage plan submitted by the applicant. Respectfully Submitted, Derek Hiland PZC040-16 Junction Shopping Center - Book World Sign SUP.docx Page 4 of 4 4/21/2016 RE: Proposed Use and Description - Special Use Permit Petition Headquartered in Appleton, Wisconsin, Book World is a family owned independent chain of 44 book stores with locations in Wisconsin, Michigan, Minnesota, Iowa Illinois, and North Dakota. The first Book World store was opened in Rhinelander, WI in 1976. We would like to request a special use permit for additional sign space on the eastern pylon sign at the Junction Center, which is a multiple occupancy strip center located on West Lincoln Highway. The proposed location for a new Book World store is space # 7, located in the far southeast corner of the center, which has limited overall visibility from West Lincoln Highway. By adding Book World to the pylon sign, the problem of limited visibility will be remedied, allowing for Book World to operate a viable book store in DeKalb. We feel that without this signage, we wouldn’t be able to open and operate a successful store at the Junction Center. Your consideration of this petition is very much appreciated. Thank you 1000 S. Lynndale Dr. • Appleton, Wisconsin 54914 920-830-7897 • Fax 920-830-3857 www.bookworldstores.com  111 PROPOSED SIGN ADDITION 16 square feet to exsiting 153 square foot sign LANDSCAPING Consisting of Arborvitae (hedge), Burning Bush (xl shrub), Spirea (small shrub), and Calamagrostis (decorative grass). May 5, 2016 Dear Property Owner: The DeKalb Planning and Zoning Commission will consider a request by Bill Streur of Book World, INC on behalf of the Junction Shopping Center to approve a Special Use Permit (SUP) which would allow for an additional 16’ square feet of signage to be installed on the existing legally non-conforming ground sign located at 858 W. Lincoln Highway. The DeKalb Planning and Zoning Commission will hold the public hearing and review this request at its regular meeting on May 25, 2016 at 6:00 p.m. The meeting will be held in the City of DeKalb Police Department’s Second Floor Classroom, 700 West Lincoln Highway, 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 815-748-2359, by mail to the address listed below, or by e-mail to derek.hiland@cityofdekalb.com. All comments will be shared with the Commission and included in the public record. If you have any questions about the request, please contact the Planning and Development Division at (815) 748-2364. Sincerely, Derek Hiland Derek Hiland Enclosures CC: Mayor, City Council, City Manager DeKalb Plan Commission Petitioner’s Representative PC038-16  Citizen Response Form 858 W. Lincoln Highway SUP Request 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: PC038-16 PC038-16 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 or after May 25, 2016, at 6:00 p.m. in the City of DeKalb Police Department’s Second Floor Classroom, 700 West Lincoln Highway, DeKalb, Illinois, on a request by Bill Streur of Book World, INC on behalf of the Junction Shopping Center to approve a Special Use Permit (SUP) which would allow for an additional 16’ square feet of signage to be installed on the existing legally non- conforming sign located at 858 W. Lincoln Highway. The Parcel Identification Numbers (P.I.N.) for this property are: 08-22-152-010, 08-22-152-033 and 08-22-152-034. All interested persons are encouraged to submit written or emailed comments to dhiland@cityofdekalb.com on this proposal to the City of DeKalb by 5:00 p.m. on Wednesday, May 18, 2016 and are invited to appear and be heard at the time and place listed above. Further information is available from the Planning and Development Division, (815) 748- 2364. Christina Atherton, Chair DeKalb Planning and Zoning Commission City of DeKalb