Planning & Zoning Commission

MINUTES CITY OF DEKALB Planning and Zoning Commission September 14, 2016 6:00 PM The Planning and Zoning Commission held a regular meeting on September 14, 2016 at City of DeKalb Municipal Building, 200 South Fourth Street in the Council Chambers. Chair Christina Atherton called the meeting to order at 6:00p.m. ROLL CALL Derek Hiland called the roll. The following members of the Planning and Zoning Commission were present: Chair Christina Atherton, David Castro, Deborah Nier, Matthew Crull, Adam Katz, and Roger Ruehling. Member absent at roll call was: Jerry Wright. Also present from the City of DeKalb were: Principal Planner Jo Ellen Charlton, Long Rang Planner Derek Hiland, and Administrative Assistant Natalie Nelson. APPROVAL OF AGENDA (Additions or Deletions) D. Hiland announced that he received a request for a continuance of item F3, which is made part of the background materials. The developer for item F2 has requested a continuance due to medical reasons after the meeting packet was distributed. D. Hiland stated he will make a motion to continue each when the time comes. Although no action will be taken at this meeting, he invited audience members speak during the Citizen Comments period. He asked that anyone wanting to enter comments into the public record submit written comments or return to the meeting on the date the item is continued. Chair Atherton requested a motion to approve the agenda for September 14, 2016. A motion to approve was made by M. Crull. The motion was seconded by D. Castro and approved by voice vote. CITIZEN COMMENTS (Open Floor to Anyone Wishing to Speak on Record) Will Heinisch, a local businessman, property owner, and landlord spoke to the Commission. He lives at of 8800 South Rood Road in Kingston and farms just north of DeKalb. Mr. Heinisch referenced the backup materials for item F2 and said he agreed Planning and Zoning Commission September 14, 2016 Page 2 of 6 with City staff’s recommendation to deny the request, and any other new project that increases the number of rental properties in DeKalb. He cited several statistics:  NIU enrollment this fall was 1,100 fewer students, with the majority being freshman.  In the last 9 years, NIU’s enrollment has decreased 6,300 to 6,500, averaging about 600 fewer students per year.  Between 2004 and last year, the number of DeKalb public school students who received subsidized lunches increased from 31% to 62%-63%.  The average income for DeKalb citizens has decreased in the past 8-10 years, according to the census bureau.  The amount of Section 8 or subsidized housing has increased. Mr. Heinisch stated that half of DeKalb homes are owner-occupied and half are rental. As the NIU student population has decreased, the number of student renters in DeKalb has decreased, and those vacancies created have been filled by lower-income people from the Chicago area who find value in DeKalb. He asserted that many landlords have not raised their rents in the past 10 years, which has resulted in some of the cheapest rentals in the area. He asserted that new apartments always fill first, drawing renters away from the current apartment stock. He stated that the recent loss of student renters will not be evident immediately because freshman must live on-campus. He predicts that in the near future, about 450 rental units previously occupied by students will be vacant or occupied by other types of renters. He asked for the City to consider the future of rental housing and apartments. He recommended that the City encourage developers to invest in fixing existing rental properties, especially those in the northwest part of DeKalb. He recommended a moratorium on new apartment building, which the City Council discussed several years ago. He invited Commission members to discuss this matter further with him if they desired and thanked them for their time. APPROVAL OF MINUTES Chair Atherton requested a motion to approve the minutes for June 15, 2016. M. Crull requested a typographical correction to the “Call To Order” time. A motion to approve the minutes as amended was made by D. Castro. The motion was seconded by D. Nier and approved by voice vote. OLD BUSINESS None. NEW BUSINESS  Planning and Zoning Commission September 14, 2016 Page 3 of 6 1. Action on a request by Stephen and Teresa Irving for Final Plat approval of Arrowhead Lane ReSubdivision. Chair Atherton requested comments from City staff. Principal Planner Jo Ellen Charlton stated she has been working with the applicant and wrote the staff report. She noted that the applicant was not in the audience tonight. She directed the Commission to the backup material, which includes a plat showing Lots 100 and 101 at the southwest corner of Arrowhead Lane and Greenwood North. There were originally two houses on each lot. The owner of Lot 101 purchased Lot 100 tore down the house, so the land is now vacant. The owner of both lots wants to consolidate them into one lot. He plans to build an addition for a garage, which would lie over the common underlying property line. J. Charlton reminded the Commission that a public hearing before City Council is not required for this proposal, and the Commission’s recommendation is all that is necessary prior City Council consideration. A. Katz asked how many cars will fit into the proposed garage addition. J. Charlton stated that preliminary drawings show a three-car garage with a large breezeway between the main structure and the garage. She stated she has informed the applicant that zoning regulations for an addition are different from those for an accessory structure. The City will confirm that zoning regulations are followed when the applicant submits the building permit. The existing curb cut that goes to Greenwood North, which provided access to a former garage, will remain. D. Castro asked if rezoning or resubdivision would erase the lot line currently present between the two lots to create one larger lot. J. Charlton clarified that this proposal is a resubdivision, not a rezoning, and confirmed that the applicant intends to comply all zoning regulations. A. Katz asked if an apartment above the garage is planned. J. Charlton responded that it would not be consistent with the current zoning regulations, and if the applicant wanted an apartment, he would have to come back to the Commission and ask for permission. Chair Atherton requested a motion. M. Crull motioned to recommend Final Plat approval of Arrowhead Lane ReSubdivision. D. Nier seconded the motion. Roll call vote was taken. Yea votes were cast by D. Castro, M. Crull, A. Katz, D. Nier, R. Ruehling, and C. Atherton. No nay votes were cast. The motion passed 6 to 0. 2. Public Hearing on a request by Pete Occhipinti to approve a Special Use Permit to allow for the construction of twenty-two (22) multi-family dwelling above the ground floor with an allowed commercial use (movie theater) on the ground floor located on Light Commercial “LC”-zoned property. Chair Atherton requested comments from City staff. It was noted that the petitioner was not present and has requested for a continuance, due to medical reasons, to the October 12, 2016 meeting of the Planning and Zoning Planning and Zoning Commission September 14, 2016 Page 4 of 6 Commission. Chair Atherton opened the public hearing. No discussion followed. Chair Atherton requested a motion. M. Crull motioned to continue this matter to the October 12, 2016 meeting of the Planning and Zoning Commission. The motion was seconded by R. Ruehling and approved by voice vote. 3. Public Hearing on a request by Corral Dyn, LLC for an annexation agreement amendment and to amend the PD-C Planned Development Commercial zoning of the property by approving the preliminary / final development plans for the subject property on an existing two lot subdivision that has one single tenant building and one multitenant building located at 2115 Sycamore Road. Chair Atherton requested comments from City staff. J. Charlton informed the Commission that the petitioner has requested a continuance to the next meeting of the Planning and Zoning Commission because he is still working with Harbor Freight and is not prepared to present yet. J. Charlton reported that Commission may choose to continue this matter to the September 28, 2016 meeting or the October 12, 2016 meeting. Chair Atherton opened the public hearing. Chair Atherton requested a motion to continue this matter on a chosen date, and invited the Commission to discuss the upcoming agenda items. M. Crull pointed out that it might be preferable to consider three items at the September 28th meeting and two items at the October 12th meeting, rather than four items and one item at each meeting, respectively. M. Crull motioned to continue this item until the October 12, 2016 meeting. The motion was seconded by D. Neir and approved by voice vote. CONSIDERATIONS D. Hiland recounted a recent communication from Mayor Rey regarding member attendance at Planning and Zoning Commission meetings. He read from the communication the number of meetings attended by each Commissioner for the last nine meetings, held between January 1st and June 30th of this year. One of nine Commissioners has attended all nine meetings. D. Hiland encouraged every member to attend all meetings if at all possible and to continue to communicate with him prior to an unavoidable absence from a meeting. He pointed out that there were recent meetings at which a quorum would not have been if just one fewer member were present. Chair Atherton asked if commissioner term dates follow the City’s fiscal year. D. Hiland responded that in the past, terms did expire on June 30th, which coincided with the end of the City’s fiscal year. However, since the City’s fiscal year has changed to follow the calendar year, D. Hiland stated he will recommend to the City Manager’s Office that term dates for newly appointed or re-appointed members will begin January 1st and end on December 31st, with end date years to continue to be staggered. D. Hiland provided a summary of the changes to boards, commissions, and committees made by the City Council at the September 12, 2016 meeting. Some commissions have  Planning and Zoning Commission September 14, 2016 Page 5 of 6 been dissolved, including the Design Review Committee, which was created in 2007 and involved in a moratorium on the conversion of single-family into two-family homes and acted to ensure new homes were complementary to the style of the other homes in the neighborhood. That committee previously received several applications each year but has not needed to meet for the past five or six years, due to the economy. D. Hiland informed the Commission that City Council made no changes the structure of the Planning and Zoning Commission at this time. J. Charlton provided an overview of video gaming establishments as discussed at the September 12th City Council meeting. In the last couple of years, principal use video gaming institutions have proliferated in DeKalb, changing the character of the community. On Sycamore Road, within close proximity to each other, seven principal use video gaming establishments have opened or applied for a liquor license in the past few years. The original intent of the Illinois law was to allow established bars and restaurants to install video gaming devices to supplement their incomes, allowing up to five video gaming devices in each location. People soon realized they could obtain a liquor license without having a bar or restaurant. They began to set up video gaming establishments in small, 1,200-square-foot storefronts in strip malls. At the beginning, communities welcomed these businesses to occupy vacant retail spaces, but they soon found that they do not operate like other businesses. When a community does not limit liquor licenses to establishments that serve food or have a kitchen, principal use video gaming establishments are quick and easy to set up, and profitable. At the September 12th meeting, City Council approved a moratorium on approval of future video gaming establishments, so City staff and the Planning and Zoning Commission can have time to evaluate the current trend and plan for the future. City Council is interested in feedback from this Commission and comments at a Public Hearing about the future of these. Within the next couple of meetings this Commission will workshop with City staff to learn about and discuss video gaming establishments prior to the Public Hearing and the drafting of a proposed amendment. FUTURE CONSIDERATIONS None. REPORTS / ITEMS FOR NEXT MEETING The next meeting will be September 28, 2016 at 6:00 pm at City of DeKalb Municipal Building, 200 South Fourth Street in the Council Chambers. ADJOURNMENT Planning and Zoning Commission September 14, 2016 Page 6 of 6 Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn. A motion to adjourn was made by R. Ruehling. The motion was seconded by D. Castro and approved by voice vote. The meeting adjourned 6:31 pm. Respectfully submitted, Natalie Nelson, Administrative Assistant Minutes were approved at the September 28, 2016 Planning and Zoning Commission meeting.