Planning & Zoning Commission
Regular MeetingDeKalb, IL · September 28, 2016
Minutes
MINUTES
CITY OF DEKALB
Planning and Zoning Commission
September 28, 2016
6:00 PM
The Planning and Zoning Commission held a regular meeting on September 28, 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.
A. ROLL CALL
Derek Hiland called the roll. The following members of the Planning and Zoning
Commission were present: Chair Christina Atherton, David Castro, and Matthew
Crull.
Members absent at roll call were: Deborah Nier and Jerry Wright.
Also present from the City of DeKalb were: Principal Planner Jo Ellen Charlton,
Long Range Planner Derek Hiland, and Administrative Assistant Natalie Nelson.
A quorum of the Commission was not present at 6:00p.m. Derek Hiland requested a
recess for ten minutes to contact absent Commissioners. Chair Atherton declared a
recess until 6:10p.m.
Commissioner Jerry Wright arrived at 6:10p.m. Chair Atherton reopened the meeting
at 6:11p.m. Derek Hiland called the roll again. The following members of the
Planning and Zoning Commission were present: Chair Christina Atherton, David
Castro, Matthew Crull, and Jerry Wright. A quorum was present.
B. APPROVAL OF AGENDA (Additions or Deletions)
Chair Atherton requested a motion to approve the agenda for September 28, 2016.
M. Crull motioned to approve the agenda, J. Wright seconded the motion, and the
motion was approved by voice vote.
C. CITIZEN COMMENTS (Open Floor to Anyone Wishing to Speak on Record)
None.
D. APPROVAL OF MINUTES
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September 28, 2016
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Chair Atherton requested a motion to approve the minutes for September 14, 2016.
D. Castro motioned to approve the minutes, M. Crull seconded the motion, and the
motion was approved by voice vote.
E. OLD BUSINESS
None.
F. NEW BUSINESS
1. Public Hearing on a request by on a proposal by Adam Del Muro on behalf of
William Halverson for a Special Use Permit for property at 1031 W. Lincoln
Highway, DeKalb to allow for the operation of a vehicle repair and service facility.
Principal Planner Jo Ellen Charlton provided comments from the City. She
introduced the applicant, Adam Del Muro, who is planning to purchase the Illini Tire
business, located at the northeast corner Lincoln Highway and Annie Glidden Road.
Mr. Del Muro plans to continue the business of a vehicle service facility, which
according to the Unified Development Ordinance (UDO), is a special use. J.
Charlton reported that City staff searched City records to determine when the vehicle
service facility was granted a Special Use Permit. City staff found no documents
related to this, so they are assuming it was approved sometime in the past, as there
is record of the tire store opening at that location, which was a permitted use. J.
Charlton explained that whenever there is a turnover in use or ownership or if a
property is vacant for a period, the City reviews the zoning ordinance to ensure
compliance.
J. Charlton explained that since there is an existing business on the property with
nonconforming elements, the City looks at the zoning regulations differently than if
the property were vacant. She said that the City cannot expect the new owners of
the business to fix all of the issues on the property when the current business has
been existing for some time. The City holds a Development Review Team meeting
with the planners, engineers, and City administrators to evaluate the project and
prioritize the conditions for approval. Fire and Police Department representatives
objected to the way vehicles from the business currently drive from the west side of
the building southward, turning around on the southwest corner of the pavement,
and into the sidewalk area.
J. Charlton stated that the current business has been in this location for a long time.
The State of Illinois acquired some of the business’ property to add turn lanes to
from Lincoln Highway, and the business lost some of its property. Currently, there
are only 9 feet and 6 inches between the property line at the southwest corner and
the angled part of building at the narrowest point. At the site, there are currently tire
marks on the public sidewalk made by vehicles from the business. In addition, the
bumpers of parked vehicles regularly overhang the sidewalk because there is no
barrier to prevent that. The use of the public sidewalk and the possibility of conflict
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September 28, 2016
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between pedestrians or bicyclists and vehicle traffic create a potential liability for the
City. The design approved must not create liability for the City.
J. Charlton stated that City staff spoke to the applicant, recommending that he locate
the property lines to see if there was any way to continue to allow the current
method of vehicle movement, which is important to the applicant. She provided an
overview of the problems with requiring the garage vehicles to exit the facility onto
the road:
Vehicles from the garage bays turning left onto southbound Annie Glidden
Road must wait for the queued up vehicles in the left turn lane at nearly every
light cycle. Vehicles from the garage would need to wait for the left-turn traffic
to clear, wait for the left-turn light, and turn onto Lincoln Highway.
Vehicles from the garage bays turning right onto northbound Annie Glidden
Road would have to drive a long way to get back to the garage.
Charlton continued by stating there is no quick way to get vehicles from the west
side of the building to the east side of the building. The pass-through inside the
garage cannot be used for vehicle movement as service operations are set up there.
She stated that the City review team discussed how to prevent or restrict the garage
vehicle movement or how to make the garage vehicle movement safer.
City staff suggested installing curbs along the property line starting at the west side
of the building. Mr. Del Muro discovered that this option to be too expensive for his
new business at this time. J. Carlton stated that Mr. Del Muro understood that if he
did not install curbs, that the City may impose restrictions. Some kind of physical
barrier is necessary between the business property and the public sidewalk. She
also noted that Mr. Del Muro would be presenting later vehicle turn movements,
which were not part of the staff report. City staff is proposing installing planters or
bollards in locations that would force the business to move vehicles using the road,
which is not the ideal situation, but would ensure safety of pedestrians.
J. Charlton reported that she has spoken to the City attorney about Special Uses
and the standards listed in the UDO. The Planning and Zoning Commission is
tasked with making findings with regard to those standards, as was done in the past.
The City attorney advised a more formal accounting of each standard in the UDO
requested through a Special Use Permit be addressed. The suggested staff findings
for each standard appear in the staff report for consideration by the Commission.
She instructed the Commission members to read the staff report’s findings carefully
to ensure they are in agreement. Commission members’ assessment of the findings
may affect the motion, as suggested by City staff. Commission members are allowed
to suggest changes to the findings, which can be recorded in the minutes, and which
may affect the motion, and the letter that the Commission presents to City Council.
City staff recommends approval of the Special Use Permit with conditions. J.
Charlton provided a summary of the conditions, including installation of planters or
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September 28, 2016
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bollards and wheel stops at the top of the parking spaces and restriping of the
handicapped accessible parking spaces in the lot on the east side of the building to
conform with the Illinois accessibility standards. City staff also considered the impact
of the business on surrounding properties and recommended that parking of
vehicles in disrepair at the site be limited to 24 hours, all repair work occur inside the
facility, and all storage of materials be inside the facility.
Chair Atherton opened the public hearing at 6:25p.m. and asked the applicant to
approach the podium.
Adam Del Muro, 701 N. Third Street, Elburn, IL 60119, the contract purchaser of Illini
Tire spoke before the Commission. He presented reasons why he should be granted
the Special Use Permit, so he may continue providing tire and vehicle repair. He
also stated he would present evidence that the current turn radius is sufficient at the
southeast corner of the property. He objected to the City staff’s conditions. He said it
would create scenario of driver frustration and possible accidents if vehicles from his
business were required to use the left-turn lane on southbound Annie Glidden Road,
which would happen several times a day. He stated that the prohibiting the current
method of moving vehicles at the business would negatively affect the business and
possibly put it out of business. He also asked the Commission to consider safety for
drivers on Annie Glidden Road.
Mr. Del Muro stated that he plans to purchase Illini Tire and hopes to run it with his
wife, Michelle. He provided a recounting of his childhood experiences in his father’s
shop, his desire to learn about cars, and his experience and education in the field of
automobile service. He said that the services currently provided at Illini Tire have
always been provided and should be allowed to continue. He stated that the full-
service shop provides many types of repairs, except body work and collision repair.
He emphasized that continuing to provide these services is important to vehicle
safety and the convenience of people who are employed nearby. He plans to
continue to build relationships with surrounding businesses by encouraging his
customers to walk over to them while they wait for services that take longer than 30
minutes. These business relationships lead to an increase in business values and
tax dollars, which benefits the City.
Mr. Del Muro claimed that preventing his business to continue its current movement
of vehicles around the corner would increase safety hazards on the road. He
provided pictures to the members of the Commission and City staff, including photos
and the property’s Plat of Survey, which he said the City requested he purchase at a
cost of $800. He pointed out that the Plat of Survey was not part of the staff report.
The photos provided were taken on Saturday, September 24, 2016 between 1:37pm
and 1:42pm, shortly before a 2:30pm NIU Huskies game nearby, resulting in
heightened traffic at the corner. He stated that he tried to back up on to Annie
Glidden Road at that time, and he found it very difficult; he found that he had to
proceed to Hillcrest in order to turn around.
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September 28, 2016
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Mr. Del Muro described the images in the pictures. The first collage depicted his
personal truck, cones set out at the property line on the hash marks placed by the
surveyors, and the proximity to the business’ building. He said he did not move his
truck between any of the pictures, and he was able to get out of his driver-side door.
He estimated two to three feet allowance between his truck and the building. In the
second collage are images depicting the placement of cones, which he would
replace every day to prevent anyone from driving over the sidewalk. He insisted that
when he became in charge of the business, it would be company policy not to drive
over the sidewalk and he would ensure that the survey hash marks would always be
visible. The item he presented was the survey, which shows the perimeters of the
property. He stated that the City stated he would need a minimum of nine feet
between the building and the sidewalk, and there are six inches more than required.
He also provided the measurements of the parking spaces.
Mr. Del Muro requested that that photos on pages 2, 3, 5, and 6 be removed from
the staff report when the Commission deliberates his case.
He then returned to discussion of the photographs he provided to call attention to
potential improvement he plans to make to the property, once he has the funds,
which are in line with the City’s 2025 plan to provide an urban feel. He hopes to
improve the curb appeal and attract more customers.
Then, Mr. Del Muro proceeded to detail his objections to the photographs in the staff
report:
The image on page 2 contains inaccurate borders drawn around the
property, which overlap neighboring property, the building, and the road.
The image on page 3 is from a survey performed in the 1980s that, he was
told, was not accurately drawn as it also overlaps neighboring properties and
cuts through his building. He asked that something more accurate replace
this image.
The image on page 5 shows a pedestrian walking on Illini Tire property and a
measuring tape with one end not visible and the other end not placed on a
any landmark. He asserted that the hash mark, which was visible, should
have been used as a landmark for accurate measuring. He suggested that
City staff return to the site and take another accurate photo.
The image on page 6 shows proposed bollards, but they are not accurately
placed on the property line, which does not go over the building.
Mr. Del Muro stated he submitted a FOIA request for police reports for the property
in question and West Lincoln Highway, including accidents at the intersection at
Annie Glidden Road. He received documents from the past three years to the
present. He thanked Police Commander Leverton and Emily Getzelman at the
Police Department who were very helpful to him. He found there was only one report
on the property in question, which was a well-being check on November 5, 2015 at
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September 28, 2016
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7:41am. This incident addressed intoxicated individuals, neither were employees of
Illini. He also found that there were eight car accidents at the intersection during the
same period; he provided the date of each accident.
He concluded that if the City denied his business’ access to turn around vehicles at
the front of the building, the additional cars on Annie Glidden Road would, according
to DeKalb Police Department statistics, likely increase the number of accidents,
conservatively, to one additional accident per month. He reported that the current
business owner reports that approximately 60% of business travels through the area
in question. The cost of insurance would be more than his business could handle.
Mr. Del Muro stated that he discussed the corner with his attorney, who suggested
that curbs, bollards, and planters may be fall or trip hazards for pedestrians who are
not paying attention. Snow removal would be made more difficult, and snow would
pile up along the curb. He also stated that the current corner’s construction looks
clean as it is.
Mr. Del Muro responded to each condition recommended in the staff report.
He objected to the condition of installing bollards or planters to prevent the
business from moving vehicles around the corner of the building. He claimed
this would negatively affect his business and pose safety hazards for drivers
and pedestrians. The City’s recommendation for vehicles to exit the facility by
backing out into the turn lane on Annie Glidden Road will cause accidents,
especially for drivers who are unfamiliar with the area. The addition of
bollards or planters may cause visibility issues. He offered a safer alternative
for employees to drive customers’ cars north on Annie Glidden, turn around,
return on southbound on Annie Glidden, and use the left-turn lane to re-enter
from eastbound on West Lincoln Highway. He noted that Jiffy Lube is
configured differently to allow for vehicles to pull straight through, but this
cannot be accomplished on the property in question.
He agreed with the condition that wheel stops should be placed at the top of
each parking spot along the sidewalk.
He agreed with the condition that the lot should be restriped and signage
should be updated in accordance with accessibility standards.
He objected to condition of a 24-hour limit on parking inoperable vehicles
outside the building. He stated he always tries to perform repairs as soon as
possible, but sometimes a part must be ordered and repairs are delayed. In
the meantime, they cannot fit into the building while other vehicles are being
serviced. He stated that these are rare occasions but occur in reality.
He objected to the condition that all work must performed inside the structure.
He provided examples of when repairs must take place outside the building,
including replacing a dead battery on a large car and replacing tires on a
towed car that cannot be driven. He assured the Commission and City staff
that all repairs that can be performed inside will be.
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September 28, 2016
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He agreed to the condition that materials like tools, lifts, and trailers must be
stored inside the facility.
In conclusion, Mr. Del Muro stated he plans to continue providing quality service in a
safe manner, just as the business has done for the past 40 years. He stated he is
willing to reach a compromise with the City. He asked for the Commission to refer to
the City’s Core Values when deliberating this matter: Integrity, Professionalism,
Excellence, Collaboration, and Accountability.
At 6:50 p.m., Chair Atherton invited member of the audience to speak. Bill Finucane
of 305 River, 2nd Ward Alderman approached the podium. He stated that he was the
former fleet manager at NIU. He supported Mr. Del Muro’s assertion that there may
be a delay for obtaining a part from a warehouse to repair a vehicle. He suggested a
72- or 96-hour limit. He reminded that the reason the building is so close to the side
of the road is because the State of Illinois took some of its land to widen the road,
and that should affect deliberations.
Chair Atherton invited the City and Commission to speak. Jo Ellen Charlton praised
Adam Del Muro for his presentation, especially his inclusion of the City’s Core
Values. She confirmed that the Plat of Survey was required for the application and
that most of the content of the staff report refer to the information found on the Plat,
including the setback measurement of 9 ½ feet. She said that the photos in the staff
report were for illustrated purposes, for showing the location of the property and the
County Assessor’s map is used for tax purposes only and may not accurately reflect
the location of the property lines.
J. Charlton stated that the Plat is now part of the record. She indicated that the
dashed lines on the Plat denote the location of the overhang canopy on the building.
This can also be seen in Mr. Del Muro’s photo of his parked truck, a taller mid-sized
truck. She reported that when the applicant informed the City that installation of
curbs would not be an option, she informed him that the City would seek to limit
vehicle movements around the corner. While turning templates by an engineer have
not been requested, Mr. Del Muro’s photos, presented for the first time to Staff, are
helpful for City staff and the Commission to see the space between the property line
and the building. She informed the Commission that they may request City staff to
obtain additional documentation of turn motions. The photos presented do not show
if the vehicle’s bumper overhung the property line as it turned. If moving from the
northwest side of the building southward parallel to Annie Glidden Road, turning left
may cause a bumper overhang.
J. Charlton also noted that bollards and planters are permanent and preferable to
cones as they cannot be moved or forgotten one day. The type and placement of
any barriers would determine whether turning in that location could continue. She
agreed with Mr. Del Muro that snow management and tripping hazards are valid
points. She also agreed that while the limited space between the building and the
property line is due to the road widening, all representatives from City staff agreed
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September 28, 2016
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that most important issue with this proposal is the safety of pedestrians walking in
the area. She provided the Commission with the options available to them: forward a
recommendation to City Council, or request additional information and City staff
work before making a recommendation, and continuing the item.
Chair Atherton invited comments and questions from the Commissioners.
J. Wright asked why restriping of the parking spaces was necessary. J. Charlton
responded that there are parking spaces adjacent to and perpendicular to the east
side of the building and along the east property line. If entering from Lincoln
Highway, the handicapped accessible spots are to the left, near the front of the
building. Currently, those spaces do not comply with the Illinois Accessibility in terms
of color, signage, and possibly dimensions.
Jim Anderson, current owner of Illini Tire and resident of 1147 Glidden Avenue in
DeKalb, approached the podium to speak. He spoke about the striping of the parking
spaces. He stated that his shop has been at the current location for 40 years and
used to perform work on trucks and big tractors. He said that many years ago, when
the shopping center was built next door, drainage became an issue. There is only
one drain near Lincoln Highway, and it gets clogged with dirt, weeds, and grass and
the area floods for a day or so. When the current striping was placed, it rained soon
afterwards and the water and mud washed away the marks.
D. Castro asked about the new photos and perspectives presented by Mr. Del Muro
at the meeting. He asked City staff if further review and additional time would be
beneficial or change the City’s recommendation. J. Charlton responded that City
staff has visited the site after the survey was completed and marked. She stated that
the cones in the photos appear to be accurately placed, but she is concerned with
the actual vehicle movements since the photos show the truck after the movement
has already started. It is hard to tell if there would be any encroachment upon the
cone or property line. D. Hiland estimated about three feet separate the side of the
truck and the cones in the photos. He stated that in order to verify if the movement
would work, we would have to see it work by running a vehicle through it.
D. Castro confirmed that only employees would drive around the corner, not
customers. From the audience, Mr. Del Muro stated he would develop a policy to
allow only employees to move vehicles around the corner with caution, not
customers. D. Castro said he wanted to put aside the details and focus on the fact
that State of Illinois placed this burden on the current and future property owners. He
suggested that everyone get more creative to make this happen for everyone’s
benefit. He stated that he hates to see sidewalks blocked and would be the first
person to call out a violator. He asked again if more time would affect the City staff’s
recommendations and allow for more creative problem solving.
J. Charlton responded that more time would allow for further conversations with the
applicant about barrier methods. It would also allow City staff the opportunity to
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September 28, 2016
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witness vehicle movement around the corner. She said that she understood that
delaying the matter may affect the applicant financially.
Mr. Del Muro responded that the City’s Core Values should be considered. He
asserted he is willing to collaborate with the City to develop a solution. He pointed
out that there is space between the property line and the sidewalk. He suggested
future improvements to the property to make the corner more inviting, including
installation of an attractive wood “Welcome to Huskie Country” sign.
Chair Atherton asked if the parking spots along the curve will continue to be used or
if they may be removed. Mr. Del Muro responded that would like to retain them, but
he might be willing to reconfigure the parking. He reported that the business has
only 10 parking spots, so losing any may be difficult. He’d like to eventually hire
seven employees, who would use the majority of the parking spaces. He suggested
that maybe those spots along the curve could be where employees only park cars
after work is finished. He would ensure the employees are trained to property
maneuver and park cars in this area.
Chair Atherton stated that she agreed with D. Castro and voiced her support for local
businesses and their importance in the community. She stated she also did not want
to get stuck in the details. She said the property could be a good focal point for the
area and help grow the surrounding area.
Chair Atherton invited further questions for Mr. Del Muro. Then she asked if
members from the audience had comments.
Jim Anderson approached the podium. He explained that currently only mid- to
small-size vehicles are taken around the corner on the west side of the building
because they are aware of the space for years. Smaller vehicles are worked in one
area of the facility and larger vehicles in another. Employees that currently move
cars around the corner are directed to stop and look through the window glass
before proceeding. He emphasized that no accident has ever occurred on the
property when a vehicle was turning the corner around the building.
Chair Atherton asked for additional comments. Seeing and hearing none, she closed
the public hearing at 7:13pm.
Chair Atherton asked the Commissioners how they would like to proceed. She
opined that the photos with the cones marking the property line helped her envision
the property, and the fire hydrant location helped to put it in perspective. She stated
she supported continuing this item so that City staff had time gather additional
information about turning vehicles. She praised Mr. Del Muro’s presentation and
thanked him for his work.
J. Wright said he believed that the business owner and City staff appear to be close
to reaching an agreement. He suggested consider recommending a barrier that is
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September 28, 2016
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larger than a cone but smaller than a bollard. He also supported increasing the time
limit on inoperable vehicle storage to 72-96 hours is more feasible. Performing some
work outside of the structure might also be a point of flexibility.
J. Charlton clarified that the Commission may motion to modify the conditions.
D. Castro motioned to continue this item to the next meeting on October 12, 2016. J.
Wright seconded the motion. Chair Atherton called for a discussion. Mr. Del Muro
approached the podium and stated that his wife is expecting a baby scheduled to be
delivered on October 14, 2016, and he was planning to take a week off. He hoped to
be present at the October 12th meeting. Chair Atherton said that City staff would
need to meet with the applicant before that date. She also reiterated that the turning
radius is the main reason for the continuance. D. Castro inserted that barrier options
should be discussed between the applicant and City staff before the next meeting. A
roll call vote was taken. Aye: M. Crull, C. Atherton, D. Castro, J. Wright. Nay: none.
The motion passed 4-0.
2. Public Hearing on a City-initiated text amendment to the Unified Development
Ordinance (UDO) Article 5 of Chapter 23 of the Municipal Code to define the
acreage by which “automobile, truck and recreational sales and rental” will be
allowed as a permitted use in Section 5.08.02 and allowed as a special use in
Section 5.08.03, and any related amendments deemed necessary pursuant to
public hearing and review.
Chair Atherton asked for comments from City staff. J. Charlton reported that this
request came in in two parts: the current item and the item after, which is what
started the consideration. Signage is regulated by Article 13 in the UDO, which
specifically calls out that signage variations are not allowed except as part of a
Special Use or Planned Development. As a result, any permitted use cannot
request a sign variation. Brian Bemis Toyota requested a new digital free-
standing sign, and the initial request was denied. City staff advised them that the
only avenue was to modify their permitted use and for their business to become a
Special Use. J. Charlton indicated that normally, an individual request to modify
permitted uses would be considered only if it could be applicable to other
situations. City staff investigated other DeKalb car dealerships in general and
discovered that large dealerships like Brian Bemis and Brad Manning Ford are
typically located on lots larger than 3 acres. When they are selling a new product,
they have very specific sign code needs to be competitive with other locations in
other communities.
J. Charlton directed the Commission to page two of the staff report. There are
two sections to the amendment that would be required. Currently car dealerships
are permitted uses in General Commercial (GC) zoning districts. The language in
the amendment would need to be modified to include language that states
something like “except for car dealerships on property greater than three acres
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September 28, 2016
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that derive the majority of their annual sales from new vehicles” as a Special
Use.
J. Charlton instructed the Commission that approval of this text amendment
would affect only Brian Bemis and Brad Manning dealerships at this time. Future
dealerships on lots of three acres or greater would be Special Uses. J. Charlton
reported that City staff determined that there is no property in a GC district
greater than 3 acres where a car dealership sells primarily new cars.
J. Charlton reported that two property owner comment were sent to the City, both
in support of the requested action. One was from the Kishwaukee Country Club,
the other was from Steve Irving who owns a business at 1826 Sycamore Road.
A sample motion appears on page three of the staff report, which provides the
language suggested.
Chair Atherton asked for questions from the Commission.
D. Castro asked for clarification that this item was motivated by the following
item. J. Charlton confirmed that was correct. He also asked for clarification that
this item is in response to a single petition, but also affects the Manning
dealership on South Fourth Street near Route 88. J. Charlton confirmed that was
correct. He asked if a dealership that sells primarily new cars were to open on
Lincoln Highway near campus, would be allowed to install a similar sign. J.
Charlton responded that was correct. J. Charlton commented that it would be a
good problem to have, new dealerships. M. Crull commented property with more
than three open acres is rare. J. Charlton agreed.
Chair Atherton reminded the Commission that the action taken on this item
affects the next item. She asked for a motion. M. Crull motioned to
recommendation to approve the text amendment and read aloud from the staff
report:
Based on the submitted petition and testimony presented, I move that the
Planning and Zoning Commission recommend to the City Council
approval of the following text amendments:
A. To amend 5.08.02.5 of the UDO by adding the underscored text
to the section:
5. Automobile, truck and recreational vehicle sales and
rental, except for automobile sales on property greater than
three (3) acres that derive a majority of their annual sales
from new vehicles (See Section 5.08.03.4)
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September 28, 2016
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B. To insert the following use as a special use in 5.08.03.4 and
renumber remaining special uses
4. “Automobile sales on property greater than three (3) acres
that derive a majority of their annual sales from new
vehicles.
J. Wright seconded the motion. J. Charlton reminded Chair Atherton to close the
public hearing. She closed the public hearing at 7:29pm. Chair Atherton repeated
the motion was made by M. Crull and seconded by J. Wright. A roll call vote was
taken. Aye: D. Castro, M. Crull, J. Wright, C. Atherton. Nay: none. The motion
passed 4-0.
3. Public Hearing on a proposal by Amy Bemis and Property Owner Renee Bemis
for a special use for property at 1890 Sycamore Road to allow an existing
permitted “automobile, truck and recreation vehicle sales and rental” business to
operate as a special use, and authorization pursuant to 13.02.06 to allow and
regulate a monument sign that includes digital display, that otherwise complies
with the height and area calculations of the UDO.
Chair Atherton asked for comments from City staff. J. Charlton explained that this
item requests authorization for a Special Use and through the Special Use,
obtain authorization to install a sign that does not conform to the UDO. The
property in question is located on Sycamore Road. The proposed new sign would
be placed on the north side of the existing driveway; the current sign is located
on the south side of the existing driveway. She directed the Commission to the
staff report exhibit 2, which shows that the digital sign will be incorporated into
the monument sign design. The sign area measures 50.18 square feet, which is
just over the size allowed in the code. The digital display is roughly 32 square
feet. The code requires the base of the sign to be no less than 4 feet from grade,
but the proposed sign is only 3 feet 3 inches from grade, 9 inches less than
required. These small exceptions to the code can be authorized as part of the
Special Use Permit approval.
J. Charlton explained that authorization of digital signs must be carefully
considered and slowly accepted. She reported that there are a few in DeKalb but
they are for service organizations, not commercial enterprises. She
acknowledged that City staff is very aware of the history of these kinds of sign in
DeKalb. DeKalb has set prudent limits on digital signs. She advised the
Commission permitting a digital sign is easier than trying to remove them. City
staff is comfortable with allowing a reasonably sized digital sign on a large car
dealership lot. J. Charlton stated that the applicant is not requesting an
unreasonable exception to the code. However, she advised the Commission to
put in place operational conditions, including prohibiting flashing, scrolling,
twirling, or fading, and regulating dwell time and transitions, among other listed in
the staff report. The staff report addresses each of the Special Use standards
Planning and Zoning Commission
September 28, 2016
Page 13 of 19
and why they are reasonable. The sample motion that follows the staff report
includes each of these standards as well. Conditions were added to the exhibit of
the sign: which side the sign would be placed, that the old sign must be removed,
and that no other free standing or monument signs will be placed on the property
without City approval.
Chair Atherton recalled that the last digital sign approved was for First Midwest
Bank near First Street and Lincoln Highway. D. Hiland confirmed this to be true
and that it happened in 2012. Chair Atherton recalled an extensive discussion of
regulations and concerns at that time since it was to be placed in a high-traffic
area. She advised the Commission to be aware that Sycamore Road is also a
high-traffic area, and dwell time should be regulated. She also reminded the
Commission that the decision tonight would set a precedent.
Chair Atherton asked for comments, questions, and concerns from the
Commission.
D. Castro reiterated that City staff suggested placing conditions on the sign,
including length of dwell time and transitions. He asked if light intensity was also
a condition. D. Hiland indicated that it was.
D. Castro asked if he was driving a car, exiting the parking lot but not yet on the
sidewalk, turning right if the view to the right is obscured at all by this sign and if
bicyclists and pedestrians can be seen.
D. Hiland stated that the sign regulations in the UDO consider vehicle
movements. He confirmed that the setback of the sign in question conforms with
the UDO and the view should not be obscured. D. Hiland explained to the
Commission that they may recommend additional setback distance beyond what
the Code requires if safety is a concern.
Chair Atherton asked how the size of the new sign would compare to the old
sign. D. Hiland responded that current sign is nonconforming, and guessed a
measurement of about 18 feet tall and 5 to 6 feet wide. He reported that the new
sign’s dimensions are closer to conformity to the UDO, and the design of the new
sign includes a support column with skirting around the base. He confirmed that
the base measures 3 feet 3 inches tall, and the sign face is an additional 6 feet 9
inches tall. The digital portion of the sign is 32 inches in area, measuring 8 feet
wide by 4 feet tall.
D. Castro emphasized that the view drivers from beside the sign cannot
compromise the safety of individuals on the sidewalk. He asked for the distance
between the westernmost edge of the monument sign to the edge of the
sidewalk. J. Charlton stated that she did not have a plat to confirm the location of
the current sign and proposed new sign.
Planning and Zoning Commission
September 28, 2016
Page 14 of 19
Due to technical difficulties with the large monitor, she approached the dais with
a tablet to display the aerial view of the property to the Commissioners. She
pointed out the sidewalk location, overhead power lines, the right-of-way, the
location of the existing sign, and the retention area. D. Castro asked if the new
sign would line up with the existing sign. J. Carlton confirmed this, as the existing
sign is taller, and likely set back farther than 18 inches. She stated she did not
believe visibility would be an issue for drivers.
D. Hiland successfully displayed the aerial map on the large monitor and pointed
out the blue parcel lines, which are typically on the inside of the sidewalk, as they
appear on the displayed map. He confirmed that the outermost edge of the
proposed sign, which will be perpendicular to the roadway, must be at least 18
inches from the parcel line. He stated that if the average 16-foot car would not
likely cover 18 inches before crossing over the sidewalk until it was ready to
enter the roadway. He reminded the Commission that they may place additional
conditions and recommendations on approval of the proposed sign location.
J. Charlton reminded the Commission that there is a provision in the sign
ordinance regarding overhead powerline proximity to a sign. She suggested that
the Commission consider adding a condition to their motion that no portion of the
sign may be directly under the powerlines, and remove the standard 18 inches
setback from the property line.
Chair Atherton asked for clarification that the proposed sign will be perpendicular
to the road, as is the existing sign. City staff confirmed it is perpendicular and
double-faced, like the existing sign. She also asked for clarification of existing
sign width. D. Hiland estimated 5 to 6 feet wide, but the actual dimensions are
available at this time.
Seeing and hearing no further discussion, Chair Atherton read for the record the
five conditions of approval proposed in the staff memo:
Standards for Special Use and Findings
1. The proposed special use complies with all provisions of the
applicable district regulations.
Except as authorized by a previously approved site plan, and as
requested as part of this special use request, the proposed special use
complies with all provisions of the GC zoning District.
2. 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.
Planning and Zoning Commission
September 28, 2016
Page 15 of 19
The granting of the special use for the business will have no detrimental
impact on the value of other property in the neighborhood given that the
use has been in operation successfully over the years, and is in fact
currently expanding. The addition of the digital sign is consistent in size
and will be regulated with conditions to ensure that there will be no
detrimental impact on surrounding properties.
3. 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 granting of the special use for this business will not dominate the
neighborhood. Although the sign may make the sign more visible or
noticeable, it is small in height when compared to the existing sign.
Additionally, a condition is recommended that requires adequate
landscaping surrounding the base of the sign prior to the permit being
issued for the sign.
4. Adequate utility, drainage and other such necessary facilities have
been or will be provided.
The site is already provided with adequate utilities, drainage and other
public services.
5. 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 the City of DeKalb.
The use of a car dealership in along this commercial corridor is consistent
with good planning practice, will not be detrimental to the public health
safety or welfare, and will not negatively impact the value of surrounding
properties. The use has existed harmoniously with surrounding
Planning and Zoning Commission
September 28, 2016
Page 16 of 19
businesses in the corridor for several years. The proposed monument sign
that incorporates digital technology is consistent in size with surrounding
commercial businesses, and will include operational conditions that are
intended to minimize distractions to motorists.
Chair Atherton also stated that additional recommended conditions to the lighting
of the digital portion of the sign and manner in which the text changes.
Chair Atherton requested a motion for how to proceed with this matter and
recommended addressing the two items in the City staff’s sample motion
separately.
D. Castro asked if item 1G in the sample motion can be revised to reflect the
language regarding powerline proximity to the sign. J. Charlton replied that the
text be modified when reading the motion to remove the regulation for sign
placement 18-inches from the property line and replace that text with “no portion
of the sign structure may be located beneath the existing powerlines.”
M. Crull motioned to approve the following items in the sample motion: 1A-1F as
presented, 1G revised to remove “No portion of the sign structure may be closer
than 18 inches from the front property line” and replace with “No portion of the
sign structure shall be erected under existing power lines”, and 1H as presented.
J. Wright seconded the motion.
Chair Atherton asked for a discussion. D. Castro asked for clarification of the
term “nits” in item H. D. Hiland explained it is a measurement of light emittance
and intensity, or brightness. J. Charlton confirmed that it is a term used in the
City’s code.
A roll call vote was taken. Aye: J. Wright, D. Castro, M. Crull, and Chair Atherton.
Nay: none. The motion passed 4-0.
Chair Atherton asked if item 2 in the sample motion required a motion to
approve. J. Charlton replied that the Commission may just provide direction to
staff to forward the recommendation as stated. Chair Atherton stated that the
Commission recommends that action.
Chair Atherton closed the public hearing at 8:00p.m.
G. CONSIDERATIONS
1. Policy Discussion on potential Airbnb regulations within the UDO.
D. Hiland provided comments from the City. He stated that Airbnb short-term
rentals are becoming popular in DeKalb. He reported that at one time, the Airbnb
website listed seven available locations in DeKalb. The Airbnb website was
Planning and Zoning Commission
September 28, 2016
Page 17 of 19
displayed on the large monitor. D. Hiland explained that Airbnb is a venue for
arranging short-term rentals of privately owned property either by persons known
to the owner or not known. D. Hiland explained the City defines in the code what
constitutes a hotel and motel, which are defined as having received remuneration
for five or more rooms that are rented to individuals over a period of time. In the
past, the City approved one bed-and-breakfast as a special use, and it is a
business run much like a hotel or motel.
D. Hiland demonstrated on the large monitor how to use the Airbnb website to
search for and reserve a room, a suite, or even a whole house. This is an
attractive option for many types of people, including vacationers looking to save
money and avoid paying broker fees and millennials who are looking for short-
term rentals. He asked the Commission to consider if the City should seek to
regulate Airbnb rentals like hotels and motels or like bed-and-breakfast
businesses. He asked if registration should be required by the City, which zoning
districts would allow Airbnb rentals, and if some of these rental spaces constitute
separate dwelling units. He reported that members of the community have asked
for the City to address these rentals, and he asked for feedback and guidance
from the Commission on how to proceed and if developing policies is necessary.
Chair Atherton asked if the tax status for a hotel and an airbnb are the same. D.
Hiland responded that in some communities they are taxed differently, but in
DeKalb they are not. He reported that Chicago and Cook County have developed
specific policies for airbnbs. Some communities require registration. Some
communities do not collect any taxes, some collect the taxes at reservation, and
some collect the taxes at checkout. D. Hiland indicated that regulations and
policies are all over the board regarding this emerging lodging option.
Chair Atherton related her experience using the Airbnb site to plan for her recent
vacation and found that different locations in the same building or condo complex
can charge different taxes, housekeeping fees, and other service charges. D.
Hiland stated he believed that property owners can set up various fees on the
Airbnb website by owners, and ultimately Airbnb receives a portion of the
booking. They can also list their amenities and post pictures. If the City desired
registration the one issue D. Hiland pointed out was that the photos on Airbnb
are often only interior shots, so the City or renters do not know where exactly the
address is located until they reserve the space. The City could try to determine
the addresses, but it would be difficult with the information on the website.
J. Wright asked if City staff has looked at comparable communities to see what
they have done. D. Hiland compared this issue with how the City has addressed
medical cannabis regulations. He found that few communities currently regulate
Airbnb rentals. He asked if having seven properties listed is enough to trigger the
City to research how to regulate the business or if the City should wait and watch
what other nearby comparable communities decide to do and address this issue
in the future.
Planning and Zoning Commission
September 28, 2016
Page 18 of 19
M. Crull said he did not believe the low density of these rentals warranted
regulation yet. He said that there are communities larger than DeKalb, like
Milwaukee which he recently visited, that do not seem to have obvious
regulations. He recommended waiting to see how another comparable
community addresses regulations.
D. Castro suggested that the Commission consider the City’s Crime Free
Division’s responsibility for ensuring safe quality rentals. He suggested that City
staff discuss this issue with the director of the Crime Free Division, who have
more direct contact with landlords. D. Hiland agreed this was a good idea. D.
Castro stated that he understood that different challenges are presented with a
typical one-year rental and a three-day rental. He also said that in the news he
has heard of situations where people rent Airbnb homes for the purpose of
having a party. J. Charlton reported that in another community in which she
worked previously people arranged an Airbnb rental of a commercial business
space for the same purpose.
D. Hiland summarized the statements from the Commission members regarding
short-term rentals, and stated he had not considered the possibility of short-term
rentals for parties. He said he would consult the Crime Free Division about its
experience with temporary or short-term rentals.
Chair Atherton reported that she looked into using Airbnb last summer. She
asked if a limit could be placed on the number of days a person can rent short-
term, and if they should be like handled like how campgrounds limit the number
of consecutive days and require leaving for a period before renting a site again.
Chair Atherton wondered if owners of Airbnb properties may be avoiding the City
landlord regulations. D. Hiland added that many Airbnb spaces are often
affordable than renting a hotel room. He also suggested that Airbnb rentals may
be in direct competition with hotels and motels.
Chair Atherton stated that the concept of Airbnb is great. She agreed with M.
Crull that regulation may not be necessary yet.
D. Hiland stated he will confer with the Crime Free Division and report back to
the Commission at the next meeting or the following meeting. He thanked the
Commission for considering this topic.
H. FUTURE CONSIDERATIONS
None.
I. REPORTS / ITEMS FOR NEXT MEETING
The agenda for next meeting will include a continuance of tonight’s item 1:
Planning and Zoning Commission
September 28, 2016
Page 19 of 19
Public Hearing on a request by on a proposal by Adam Del Muro on behalf of William
Halverson for a Special Use Permit for property at 1031 W. Lincoln Highway, DeKalb to
allow for the operation of a vehicle repair and service facility.
And the following items:
1. 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.
2. 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.
Charlton explained that this item addresses the Puri-DeKalb site where Aspen
recently opened and the new building next to it. The original agreement required
a certain percentage of retail businesses to be placed in the second building. The
tenant interested in the new building is ATI Physical Therapy, which does not
meet that requirement. The property owners want to amend the agreement to
allow ATI to use the new building in exchange for bring Harbor Freight to another
property across the Sycamore Road. She reported that the deal fell through, so
the applicants will be amending their application to propose different conditions;
this documentation has not yet been received. This item may need to be
continued one more time if the applicants are not ready.
The next meeting will be October 12, 2016 at 6:00 pm at City of DeKalb Municipal
Building, 200 South Fourth Street in the Council Chambers.
ADJOURNMENT
Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn.
A motion made by J. Wright, seconded by D. Castro, and approved by voice vote. The
meeting adjourned 8:19p.m.
Respectfully submitted,
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on October 12, 2016.
Agenda
AGENDA
Planning and Zoning Commission
September 28, 2016
6:00 PM
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. CITIZEN COMMENTS (OPEN FLOOR TO ANYONE WISHING TO SPEAK ON RECORD)
D. APPROVAL OF MINUTES
1. SEPTEMBER 14, MEETING
E. OLD BUSINESS
F. NEW BUSINESS
1. Public Hearing on a request by on a proposal by Adam Del Muro on behalf of William Halverson for a
Special Use Permit for property at 1031 W. Lincoln Highway, DeKalb to allow for the operation of a vehicle
repair and service facility.
2. Public Hearing on a City initiated text amendments to the Unified Development Ordinance (UDO) Article
5 of Chapter 23 of the Municipal Code to define the acreage by which “automobile, truck and recreational
sales and rental” will be allowed as a permitted use in Section 5.08.02 and allowed as a special use in Section
5.08.03, and any related amendments deemed necessary pursuant to public hearing and review.
3. Public Hearing on a proposal by Amy Bemis and Property Owner Renee Bemis for a special use for property
at 1890 Sycamore Road to allow an existing permitted “automobile, truck and recreation vehicle sales and
rental” business to operate as a special use, and authorization pursuant to 13.02.06 to allow and regulate a
monument sign that includes digital display, that otherwise complies with the height and area calculations of
the UDO.
G. CONSIDERATIONS
1. Policy Discussion on potential Airbnb regulations within the UDO.
H. FUTURE CONSIDERATIONS
I. REPORTS / ITEMS FOR NEXT MEETING
1. 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.
2. Public Hearing on a request by 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.
J. ADJOURNMENT
PZC067-16
ITEM D1
DRAFT 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
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:
Planning and Zoning Commission
September 14, 2016
Page 2 of 6
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
1. Action on a request by Stephen and Teresa Irving for Final Plat approval of
Arrowhead Lane ReSubdivision.
Planning and Zoning Commission
September 14, 2016
Page 3 of 6
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
Commission. Chair Atherton opened the public hearing. No discussion followed.
Chair Atherton requested a motion. M. Crull motioned to continue this matter to
Planning and Zoning Commission
September 14, 2016
Page 4 of 6
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
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
Planning and Zoning Commission
September 14, 2016
Page 5 of 6
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
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.
Planning and Zoning Commission
September 14, 2016
Page 6 of 6
Respectfully submitted,
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on [DATE].
ITEM F1
City of DeKalb
Planning and Zoning Commission
Staff Report
DATE: September 23, 2016
TO: Planning and Zoning Commission Members
SUBJECT: Zoning Board of Appeals Case Number PZC 54-16; Illini Tire
1031 W. Lincoln Highway
GENERAL INFORMATION:
A. Purpose: Granting a special use and authorizing a special use
for a “vehicle service facility for a new owner of Illini
Tire
B. Location: 1031 W. Lincoln Highway
C. Property Size: 20, 844 square feet
D. Existing Zoning: “GC” General Commercial
E. Existing/Proposed Use: From a Tire Store to a “Vehicle Service Facility”
F. Surrounding Zoning and Use North: “GC”, Office Property
South: “GC”, Drug Store
East: “GC”, commercial strip shopping center;
West: “GC”; restaurants
G. Comprehensive Plan: Commercial
H. Floodplain Designation: Not in a floodplain
PZC054-16 1031 W. Lincoln Hwy - Illini Tire SUPStaff Report
Overview
The applicant, Adam Del Muro, is purchasing the Illini Tire business from the existing
owner who had leased the property for many years. As there is no special use
documentation in place for a “vehicle service facility”, it is assumed that the use was
authorized as a “tire store”, which is listed in the Unified Development Ordinance (UDO)
as a permitted use. While staff acknowledges the existing Illini Tire has evolved over time
to include auto service beyond that of a simple tire store, the change in ownership and
acknowledgement by the new owner that his business model includes automobile service,
a special use is required in order to continue using the existing structure for a vehicle
service use.
The subject property is located on the northeast corner of Lincoln Highway and Annie
Glidden Road as shown in the picture below:
PZC054-2016 | PZC-10-2016 PAGE 2
Analysis
Staff evaluation of a request for a special use on a property with existing improvements
is handled a little differently than a request for a special use being newly constructed on
a vacant property or reconstructed. While the latter would require most if not all
improvements to be code compliant, requiring an existing property to become completely
code compliant as part of a change in ownership is unreasonable. Instead, staff attempts
to prioritize code related improvements so that life safety improvements are addressed
first, structural and other hardscape improvements are addressed second, and image
related improvements such as pavement setbacks and landscaping are addressed last.
The building on the subject property has been a fixture in the community for many years.
It is a well-known fact that the building pre-dates the existing roadway configuration that
exists today. In fact, a plat provide by the applicant was part of a document used by the
state when property was being acquired to accommodate the intersection expansion. As
part of that acquisition, a significant corner of the property was purchased to provide the
turn lanes, leaving very little room between the building and the southwest lot lines as
shown in the picture below. The plat indicates there is only a couple of feet between the
lot line and the overhanging eave, and only 9’6” between the lot line and the closest
vertical building element
PZC054-2016 | PZC-10-2016 PAGE 3
A very early comment from the Development Review Team (DRT) in the review of this
request was regarding the potentially dangerous flow of vehicles between the east and
west overhead doors over the pavement on the southwest corner of the building. The
prospective owner acknowledges this has been a practice of the existing owner, and that
he initially would like to continue that practice because it is nearly impossible to make a
left out onto Annie Glidden Road, and going north and around takes some time.
As stated above, there is at most 9 ½ feet of pavement along that corner, and it is clear
from observation and from aerial photographs that these maneuvers require drivers to
drive over the public sidewalk, which is at the same grade. Additionally, because the
sidewalk pavement and the site pavement is at the same level, cars that park on the site
overhang the public sidewalk.
Tire marks over public sidewalk Cars parked across the public sidewalk
This particular sidewalk area is heavily used by pedestrians, including many Northern
Illinois students as shown in the picture on the next page. Notice again that the black tire
marks are shown to extend over what clearly appears to be the public sidewalk. After
further examination of the measurements, the real public sidewalk area is everything to
the left of the tape measure that is shown on the ground in that same picture below. Any
type of physical barrier constructed to separate traffic and pedestrian would have to be
on private property, which would probably not allow for turning movements around that
corner of the building without hitting curbs or building improvements. If allowed to remain,
any accident caused by car/pedestrian interaction may be a liability for the City.
Furthermore, the applicant has not proven that constructing a barrier of any kind on the
private side of the property can be accomplished in a manner where vehicles could
maneuver without hitting building improvements.
PZC054-2016 | PZC-10-2016 PAGE 4
Engineers, planners and public safety staff members that are part of the City’s DRT review
group all agreed that prohibiting any movement that requires cars to cross onto the public
sidewalk should be prohibited as part of any new special use in order to avoid accidents
and potential liability to the City. This information was shared with the applicant early in
this process. Initial discussions focused on the installation of both curbing and
landscaping improvements that would provide separation between the public walk and
the pavement located on private property to improve safety as well as beautify this key
PZC054-2016 | PZC-10-2016 PAGE 5
intersection in the community. Over time, and after learning about the costs associated
with this improvement, the applicant informed the City that he simply could not afford to
make those improvements as he is a young new business in need of an ability to make
money before he can invest in that level of site improvements. The property owner also
does not wish to make an investment in this type of improvement as he believes the
property may ultimately be redeveloped in the future.
The applicant informed staff via
email that he needed to proceed
with the property mostly “as is” and
that he would need to live with
whatever restrictions were
necessary. He was advised that
some physical barrier would be
required to prevent the interaction
between cars and pedestrians, but
that cheaper alternatives could be
considered. Staff suggested either
the installation of bollards or large
planters placed in in two locations
to prevent cars from crossing. Staff
recommends these improvements
be placed in a manner that stops
traffic from moving between the two
blue boxes shown in the picture
below. Note that the box on the
south side of the building requires
the removal of about three striping
parking spaces, as getting out of
these spaces would be difficult
without being able to go west. Staff also recommends the installation of wheel stops at
the south end of the remaining parking stalls that are adjoining the sidewalk in order to
eliminate the overhang problem shown in the earlier picture.
PZC054-2016 | PZC-10-2016 PAGE 6
Utilizing bollards in a manner similar that show below or in any way that is determined by
City staff to be effective at preventing the flow of vehicles is recommended.
Finally, the parking lot on the east side will need to be restriped to include an accessible
parking stall that is in compliance with the Illinois Accessibility Code, including the correct
paint, stall width and stall signage.
Other factors to consider as part of a special use are those that relate to the operation of
the business and the mitigation of any potential negative impacts on surrounding
properties. Vehicle services uses in general can be a nuisance if/when inoperable
vehicles are stored outside, if repair work happens outside of the building, if materials are
stored outside. These potential negative impacts can be regulated by authorizing the
special use subject to conditions that restrict these negative impacts. These conditions
are included in draft motion provided for the Planning and Zoning Commission’s
consideration.
Special uses are regulated by Article 14 of the Unified Development Ordinance (UDO).
The UDO provides that the Planning and Zoning Commission may recommend approval
or denial of a special, or approval with conditions. Recommendations for approval must
make findings with regard to listed standards. These standards and suggested findings
of fact are enumerated below, and are also included in the draft recommendation letter
from the Planning and Zoning Commission to the City Council attached as Exhibit 1. The
PZC054-2016 | PZC-10-2016 PAGE 7
sample recommendation references this letter and findings of fact and authorizes the
Planning and Zoning Commission chairman to sign and forward the letter to the City
Council.
Standards for Special Use and Findings
1. The proposed special use complies with all provisions of the applicable
district regulations.
The proposed special use operation can be allowed and regulated in compliance
with all use regulations of the UDO. The site, however, is characterized by
building and pavement setback non-conformities, and there are elements of the
site’s design that do not conform to existing regulations. In an effort to allow for
the continued viability of this business site, some accommodations can be made
as long as basic life safety requirements can be addressed.
2. 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 granting of the special use for this business will have no detrimental impact
on the value of other property in the neighborhood given that the use has been in
operation successfully over the years.
3. 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 granting of the special use for this business will not dominate the
neighborhood
4. Adequate utility, drainage and other such necessary facilities have been or
will be provided.
The site is already provided with adequate utilities, drainage and other public
services.
PZC054-2016 | PZC-10-2016 PAGE 8
5. 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 the City of DeKalb.
The operation of the use as it exists today is NOT consistent with good planning
practice, as it accommodates a potential dangerous interaction between
pedestrians and vehicles. This situation, however, can be addressed with the
installation of relatively inexpensive bollards or concrete landscape planters that
can be situated on the lot to prevent cars from move around the south side of the
building. Additional conditions to prevent cars from overhanging onto the public
sidewalk and to require restriping of the parking lot to comply with the Illinois
Accessibility Code have been added to address basic life safety concerns on the
property. Operational conditions have also been added to ensure all work occurs
inside the building, that inoperable cars may not be stored on the premises, and
that no materials may be stored outside.
Summary and Recommendation
Staff is generally supportive of this use. The applicant is a young and enthusiastic
entrepreneur who would be a welcome mix to the Dekalb business community. While
staff would have preferred that the business owner or the property owner would have
chosen to use this opportunity to make curbing and landscaping improvements that would
have a much more positive visual impact on this key corner, less expensive improvements
can be required that achieve the main objective of eliminating the dangerous interaction
between pedestrians and cars that currently occurs on the southwest corner of this
building. Staff recommends approval subject to the operational conditions listed in the
following sample motion:
Based on the submitted petition and testimony presented, I move that the Planning
and Zoning Commission adopt the findings of fact outlined in the staff memo for
PZC 10-2016 and recommend to the City Council approval of a special use for a
“vehicle service facility” at 1031 W. Lincoln Highway, subject to the following
conditions:
1. Prior to occupancy, plans shall be submitted and approved that provide
either bollards or decorative concrete planters both substantial enough to
prevent vehicles from maneuvering on the property around the south side of
the building. The location of these improvements shall generally be as
described in the staff report.
PZC054-2016 | PZC-10-2016 PAGE 9
2. Wheel stops shall be added to those parking spaces that currently allow for
overhang on the public sidewalk.
3. The parking lot shall be re-striped and signed in compliance with the Illinois
Accessibility Code pursuant to plans submitted to and approved by the City.
4. Inoperable vehicles shall not be parked on the site for more than 24 hours.
5. All repair work must occur within the building
6. There shall be no outside storage of any materials.
And that Chair be directed to forward the Planning and Zoning Commission’s
recommendation, including the findings of fact, in a letter substantially in the form
provided in Exhibit 1.
PZC054-2016 | PZC-10-2016 PAGE 10
Exhibit 1
September 28, 2016
TO: Mayor John Rey and City Council
FROM: Christina Atherton, Chair, City of DeKalb Planning and Zoning Commission
RE: Recommendation, including findings of fact, regarding PZC 10-2016
The Planning and Zoning Commission conducted a public hearing and considered the
facts relative to Case Number PZC 10-2016. At that hearing, the following members were
in attendance:
______________________________________________________________________
______________________________________________________________________
The following motion from ______________, was seconded by ______________ and
unanimously approved by a __________roll call vote of the members present:
Based on the submitted petition and testimony presented, I move that the Planning
and Zoning Commission adopt the findings of fact outlined in the staff memo for
PZC 10-2016 and recommend to the City Council approval of a special use for a
“vehicle service facility” at 1031 W. Lincoln Highway, subject to the following
conditions:
1. Prior to occupancy, plans shall be submitted and approved that provide
either bollards or decorative concrete planters both substantial enough to
prevent vehicles from maneuvering on the property around the south side of
the building. The location of these improvements shall generally be as
described in the staff report.
2. Wheel stops shall be added to those parking spaces that currently allow for
overhang on the public sidewalk.
3. The parking lot shall be re-striped and signed in compliance with the Illinois
Accessibility Code pursuant to plans submitted to and approved by the City.
4. Inoperable vehicles shall not be parked on the site for more than 24 hours.
5. All repair work must occur within the building
6. There shall be no outside storage of any materials.
PZC054-2016 | PZC-10-2016 PAGE 11
ITEM F2
City of DeKalb
Planning and Zoning Commission
Staff Report
DATE: September 23, 2016
TO: Planning and Zoning Commission Members
SUBJECT: Zoning Board of Appeals Case Number PZC 14-2016
GENERAL INFORMATION:
A. Purpose: A text amendment in the GC zoning regulations to
identify auto dealerships with primarily new car sales on
property greater than three (3) acres as a special uses in
order to regulate the unique needs of this use, including
the provision of increased signage opportunities
authorized by Section 13.02.06 of the Unified
Development Ordinance (UDO)
ANALYSIS:
Signage is regulated in Article 13 of the UDO. Section 13.02.06 specifically
provides that sign variations are not allowed except as a condition of a special use
or planned development ordinance approved by the City Council. Therefore,
permitted uses or developments that are not “planned developments” do not have
the ability to request signage that is not otherwise permitted in the UDO.
Brian Bemis Toyota recently requested approval of a digital sign at their property
located at 1890 Sycamore Road. This request was denied as digital signs are not
authorized by the UDO. In exploring alternatives with this key business to help
them achieve their objective, staff advised Bemis that their request could only be
accommodated if they were a special use or a planned development. Car
dealerships, particularly large scaled, brand oriented dealerships that sell primarily
new vehicles have unique siting and signage needs in order to be competitive in
their market. DeKalb has two such dealerships, including Bemis Toyota and
Manning Ford. In addition to distinguishing these dealerships by the fact that they
deal mostly in the sales of new cars, both dealerships are located on property that
is greater than three (3) acres in size. A review of other auto dealers in town found
most others to be on lots smaller than one acre and involving mostly used sales.
PZC073-16
Car dealerships that are primarily involved in the sales of new vehicles are typically
located along major roadway corridors on properties that are larger than most other
single user businesses on a lot. They have unique site planning needs and
considerations that are well suited to special use procedures. They include large
parking fields, most of which is designed for outdoor display of their vehicle
products, relatively smaller designated customer parking areas, and cueing areas
for access to service bays. They are also highly competitive for consumer dollars
spent on new vehicles, and always have special signage and promotional needs.
Bemis Toyota and Manning Ford are both located on property zoned “GC” General
Commercial. Based on staff review, the following text amendments have been
identified for consideration by the City and would only apply in the GC Zoning
District:
A. Amend 5.08.02.5 of the UDO by adding the underscored text to the section:
5. Automobile, truck and recreational vehicle sales and rental, except for
automobile sales on property greater than three (3) acres that derive a
majority of their annual sales from new vehicles (See Section 5.08.03.4)
B. Insert the following as 5.08.03.4 and renumber remaining special uses
4. “Automobile sales on property greater than three (3) acres that derive a
majority of their annual sales from new vehicles.
Text amendment procedures are described in Article 20 of the UDO. They are
subject to public hearing, review and recommendation by the Planning and Zoning
Commission, and approval of an ordinance by a 2/3 vote of the City Council.
Approval of this text amendment does not authorize anything for any specific
property. Specific requests for the special use or for consideration of any
additional conditions or considerations must be made for each property under
separate application subject to public hearing and recommendation by the
Planning and Zoning Commission, and approval of an ordinance by the City
Council. In addition to Bemis Toyota, Manning Ford would also qualify to request
special use under this provision, as would any new dealership that met the
established criteria.
CITIZEN INPUT:
Comment forms in support of the actions necessary to support Bemis’s request to
allow digital signage was received from the Kishwaukee Country Club Board (1901
Sycamore Road), and Steve Irving (1826 Sycamore Road). Additional input may
be provided at the public hearing and will be entered into the record as part of any
recommendation forwarded to the City Council.
Page |2
SUMMARY/RECOMMENDATION
The proposed text amendment is being considered in response to a request from
Bemis Toyota to accommodate a request to allow digital signage on their
Sycamore Road property. Digital signs are not allowed except as may be
authorized as a condition of a special use or planned development. The proposed
text amendment changes automobile dealerships that are located on properties
that have three (3) or more acres and that derive most of their annual sales on new
vehicles from permitted to special uses. Approval of the text amendment would
allow Bemis to request special use approval for their business, including approval
of a new digital sign. Bemis has filed a separate special use request that will also
be heard and considered at the Planning and Zoning Commission’s September
28, 2016 meeting. The only other existing auto dealership in town that could
benefit from this text amendment is Manning Ford, who has also been advised that
this text amendment may be of interest to them. All other car dealerships in town
are on properties that are smaller than three acres and/or do not derive a majority
of their annual sales from new vehicles.
If the Planning and Zoning Commission believes it is reasonable to identify
automobile dealerships that are located on properties that have three (3) or more
acres and that derive most of their annual sales on new vehicles, staff
recommends approval of the following sample motion:
Based on the submitted petition and testimony presented, I move that the
Planning and Zoning Commission recommend to the City Council approval
of the following text amendments:
A. To amend 5.08.02.5 of the UDO by adding the underscored text to the
section:
5. Automobile, truck and recreational vehicle sales and rental, except
for automobile sales on property greater than three (3) acres that
derive a majority of their annual sales from new vehicles (See
Section 5.08.03.4)
B. To insert the following use as a special use in 5.08.03.4 and renumber
remaining special uses
4. “Automobile sales on property greater than three (3) acres that
derive a majority of their annual sales from new vehicles.
Respectfully Submitted,
Jo Ellen Charlton
Principal Planner
Page |3
ITEM F3
Planning and Zoning Commission
Staff Report
September 23, 2016
TO: Planning and Zoning Commission Members
SUBJECT: Zoning Board of Appeals Case Number PZC 15-2016; Special Use for an
existing car dealership pursuant to 5.08.03.4 of the UDO and authorization
pursuant to 13.02.06 for a monument sign that includes digital technology
and other minor sign code exceptions.
GENERAL INFORMATION:
A. Purpose: Granting a special use and authorizing a
monument sign that includes digital
technology and other minor sign code
exceptions for Bemis Toyota.
B. Location: 1890 Sycamore Road
C. Property Size: Approximately 5.38 acres
D. Existing Zoning: “GC” General Commercial
E. Existing/Proposed Land Use: Car Dealership
F. Surrounding Zoning and Land Use: North: “GC”; Restaurant
South: “GC”; Retail/Auto Service
East: “LI”; Lumber
West: “Unincorporated”; Golf Course
G. Comprehensive Plan Designation: Commercial
H. Flood Plain Designation Not in a floodplain
PZC072-16 1890 Sycamore Road-Special Use Bemis - Electronic Sign.1
Overview
Blue Marlin Imports, doing business as Bemis Toyota, located at 1890 Sycamore Road
recently requested approval to locate a digital sign on their property. The original request
was denied because digital signs are not allowed by the UDO unless authorized by the
City Council as a condition of a special use or as part of a planned development. Bemis
Toyota was advised that the digital sign could only be authorized if the City passed a text
amendment changing their use to a special use or if they were authorized as a planned
development. After further review, it was determined that it would be appropriate to
reclassify larger vehicle dealerships on properties three acres or greater in size that
derived a majority of their annual sales from new products to special uses. This text
amendment was prepared by City staff and forwarded as a separate case to the Planning
and Zoning Commission for consideration at the same meeting. This request for a special
use can only be considered upon the favorable recommendation by the Planning and
Zoning Commission of the text amendment.
Analysis
The subject property is identified in the picture below. It is located on the east side of
Sycamore Road, contains over five acres, and is irregularly shaped with a building located
near the rear property line. Parking fields are located on both the north and west of the
building.
PZC-15-2016 PAGE 2 OF 10
The proposed new monument sign that includes digital technology will be located on the
north side the existing driveway, while the existing sign on the south side of the driveway
will be removed. The Site Plan, the existing, and the proposed digital sign location
(marked with a red “x”) are shown in Exhibit 1.
Sign detail is shown in Exhibit 2. The digital sign is incorporated into a monument sign
design that has an overall height of ten feet (10’), which is compliant with the UDO. The
painted white aluminum based is consistent with building materials, which is also
compliant with the UDO. At 50.18 square feet, the overall sign face area is slightly greater
than the 50 square feet authorized by the UDO. The digital display within the sign is
roughly 32 square feet. The base of the sign is 3’3”, which is nine inches (9”) less than
the four feet (4’) required by the UDO. These small exceptions can also be authorized
as part of the special use approval.
Digital signs along busy commercial corridors may play an important role in the success
of the applicant’s business, but staff suggests certain operational conditions be imposed
so that the sign is not a distraction to motorists. These conditions focus on minimum
message “dwell times”, lighting intensity, malfunctioning sign cut-offs, and prohibiting
transitions between sign messages that roll, flash, blink, fade in/out, or transition in any
manner other than immediately changing from one static message to another. These
operational conditions are similar to those utilized by the Illinois Department of
Transportation on the digital highway advertising signs seen along many of the Chicago
suburban highways. They were imposed as a means to allow the new technology while
limiting the distractions that can lead to roadway accidents. Recommended operational
conditions are included in the sample motion provided at the end of this report.
Special uses are regulated by Article 14 of the Unified Development Ordinance (UDO).
The UDO provides that the Planning and Zoning Commission may recommend approval
or denial of a special, or approval with conditions. Pursuant to the UDO,
recommendations for approval of a special use must make findings with regard to listed
standards. These standards and suggested findings of fact are enumerated below. The
Planning and Zoning Commission should review and consider whether to adopt or amend
of the findings as part of the recommendation, as they will be forwarded to the City Council
in a letter to be signed by the Planning and Zoning Commission chair.
Standards for Special Use and Findings
1. The proposed special use complies with all provisions of the applicable
district regulations.
Except as authorized by a previously approved site plan, and as requested as part
of this special use request, the proposed special use complies with all provisions
of the GC zoning District.
2. 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.
PZC-15-2016 PAGE 3 OF 10
The granting of the special use for the business will have no detrimental impact on
the value of other property in the neighborhood given that the use has been in
operation successfully over the years, and is in fact currently expanding. The
addition of the digital sign is consistent in size and will be regulated with conditions
to ensure that there will be no detrimental impact on surrounding properties.
3. 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 granting of the special use for this business will not dominate the
neighborhood. Although the sign may make the sign more visible or noticeable, it
is small in height when compared to the existing sign. Additionally, an condition is
recommended that requires adequate landscaping surrounding the base of the
sign prior to the permit being issued for the sign.
4. Adequate utility, drainage and other such necessary facilities have been or
will be provided.
The site is already provided with adequate utilities, drainage and other public
services.
5. 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 the City of DeKalb.
The use of a car dealership in along this commercial corridor is consistent with
good planning practice, will not be detrimental to the public health safety or welfare,
and will not negatively impact the value of surrounding properties. The use has
existed harmoniously with surrounding businesses in the corridor for several years.
The proposed monument sign that incorporates digital technology is consistent in
size with surrounding commercial businesses, and will include operational
conditions that are intended to minimize distractions to motorists.
PZC-15-2016 PAGE 4 OF 10
Summary and Recommendation
The initial request from Bemis to accommodate a monument sign including digital
technology was denied because digital signs are not allowed as part of the UDO unless
authorized by the Council as part of a special use or planned development. After
exploring options, a text amendment was prepared that would require special use
approval for dealerships like Bemis and Manning, who primarily sell new products and
are on property that is three acres or more in size. Approval of a special use would allow
these dealerships to request signage that is otherwise not compliant with the UDO. A
separate petition to consider the merits of the text amendment is on the same agenda for
the Planning and Zoning Commission’s consideration. A favorable recommendation of
that text amendment is required in order to consider this request from Bemis for the
special use.
If the Planning and Zoning Commission made a favorable recommendation on the text
amendment and agrees that the proposed monument sign that includes digital technology
and minor exceptions to sign code regulations is acceptable and meets the standards for
special use, staff supports the applicant’s request subject to the recommended
operational conditions. The following sample motion is provided for the Planning and
Zoning Commission’s use:
Based on the submitted petition and testimony presented, I make a motion that the
Planning and Zoning Commission.
1. Adopt the findings of fact referenced in the staff report prepared for PZC-15-
2016 and considered at the September 28, 2016 meeting, and recommend to
the City Council approval of a special use for automobile sales pursuant to
Section 5.08.03.4 of the UDO, and authorize a new monument sign pursuant
to 13.02.06 of the UDO to include digital technology and minor exceptions to
sign regulations, all subject to the following conditions:
A. The special use shall at all times be in substantial compliance with the
site plan attached hereto as Exhibit 1.
B. A sign permit shall be obtained pursuant to City Ordinances.
C. The existing monument sign located on the south side of driveway
entrance must be removed no later than seven (7) days after the digital
sign has been activated.
D. No other free standing or monument signs are authorized on the Subject
Property.
E. The digital sign shall be in substantial compliance with the plans
prepared by Omega Sign and Lighting Inc. latest revision dated 8/31/16.
F. Prior to the issuance of a permit for the digital sign, a landscape plan
providing continuous screening of the base of the sign with deciduous
and evergreen shrubs and perennials at a height not less than 24” shall
be submitted to and approved by the City.
G. No portion of the sign structure may be closer than 18” from the front
property line.
PZC-15-2016 PAGE 5 OF 10
H. The digital sign shall conform to the following operational limitations at
all times:
a. Digital displays shall be static in nature, and shall not have
movement of any kind or the appearance or optical illusion of
movement, on any part of the sign.
b. Each message on the sign must be displayed for a minimum of 20
seconds or such longer time as may be hereafter enacted by the
City in the UDO.
c. The change between static messages must be accomplished
immediately, with no use of any transitions.
d. The sign must include light sensors and dimmer controls that
automatically adjust to outdoor lighting levels so that illuminations
levels are dimmer at night and on cloudy days than during sunny
days. In no instance shall lighting intensity exceed 500 nits.
e. The sign shall not contain any “off-site” advertising.
f. The sign shall be equipped with an automatic off switch when the
sign is malfunctioning or has missing light fields.
and
2. That the Planning and Zoning Commission authorize the PZC Chair to sign
and submit the Findings and Recommendation letter in substantially the
form attached to the staff report as Exhibit 3, including findings of fact, to
the DeKalb City Council.
Respectfully Submitted,
Jo Ellen Charlton, AICP, Principal Planner
City of DeKalb
Please contact the Community Development Department at (815) 748-2060 should you
have any questions or comments about this issue.
PZC-15-2016 PAGE 6 OF 10
Exhibit 1
PZC-15-2016 PAGE 7 OF 10
Exhibit 2
PZC-15-2016 PAGE 8 OF 10
Exhibit 3
September 28, 2016
TO: Mayor John Rey and City Council
FROM: Christina Atherton, Chair, City of DeKalb Planning and Zoning Commission
RE: Recommendation, including findings of fact, regarding PZC 15-2016
The Planning and Zoning Commission conducted a public hearing and considered the
facts relative to Case Number PZC 15-2016. At that hearing, the following members were
in attendance:
______________________________________________________________________
______________________________________________________________________
The following motion from ______________, was seconded by ______________ and
unanimously approved by a __________roll call vote of the members present:
Based on the submitted petition and testimony presented, I make a motion that the
Planning and Zoning Commission adopt the findings of fact attached hereto as
Exhibit A (attach when finalized) and recommend to the City Council approval of a
special use for automobile sales pursuant to Section 5.08.03.4 of the UDO, and
authorize a new monument sign pursuant to 13.02.06 of the UDO to include digital
technology and minor exceptions to sign regulations, all subject to the following
conditions:
1. The special use shall at all times be in substantial compliance with the
site plan attached hereto as Exhibit B (attach when finalized).
2. A sign permit shall be obtained pursuant to City Ordinances.
3. The existing monument sign located on the south side of driveway
entrance must be removed no later than seven (7) days after the digital
sign has been activated.
4. No other free standing or monument signs are authorized on the Subject
Property.
5. The digital sign shall be in substantial compliance with the plans
prepared by Omega Sign and Lighting Inc. latest revision dated 8/31/16.
6. Prior to the issuance of a permit for the digital sign, a landscape plan
providing continuous screening of the base of the sign with deciduous
and evergreen shrubs and perennials at a height not less than 24” shall
be submitted to and approved by the City.
7. No portion of the sign structure may be closer than 18” from the front
property line.
8. The digital sign shall conform to the following operational limitations at
all times:
a. Digital displays shall be static in nature, and shall not have movement
of any kind or the appearance or optical illusion of movement, on any
part of the sign.
PZC-15-2016 PAGE 9 OF 10
b. Each message on the sign must be displayed for a minimum of 20
seconds or such longer time as may be hereafter enacted by the City
in the UDO.
c. The change between static messages must be accomplished
immediately, with no use of any transitions.
d. The sign must include light sensors and dimmer controls that
automatically adjust to outdoor lighting levels so that illuminations
levels are dimmer at night and on cloudy days than during sunny days.
In no instance shall lighting intensity exceed 500 nits.
e. The sign shall not contain any “off-site” advertising.
f. The sign shall be equipped with an automatic off switch when the sign
is malfunctioning or has missing light fields.
PZC-15-2016 PAGE 10 OF 10
September 9, 2016
Dear Property Owner(s):
The DeKalb Planning and Zoning Commission will consider requests by Amy Bemis and
Property Owner Renee Bemis for a Special Use Permit request for property at 1890
Sycamore Road to allow an existing permitted “automobile, truck and recreation vehicle
sales and rental” business to operate as a special use, and authorization pursuant to
13.02.06 to allow and regulate a proposed monument sign that includes digital display,
that otherwise complies with the height and area calculations of the UDO.
There will be a public hearing on this request before the DeKalb Planning and Zoning
Commission on September 28, 2016 at 6:00 p.m. The meeting will be at the DeKalb
Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within
250 feet of the above-mentioned property, you may attend the public hearing and
comment on the proposal. You may also submit written comments no later than
Wednesday, September 21, 2016. A response form is included for your convenience.
Also enclosed is a copy of the Notice of Public Hearing which includes the full legal
description of the property.
If you wish to contact your Alderman regarding this issue, your Alderman is Mike
Marquardt, and can be reached at (815) 970-7337 or by e-mail at
Mike.Marquardt@cityofdekalb.com.
If you have any questions, contact me in the Community Development Department at
815-748-2367.
Sincerely,
Jo Ellen Charlton
Principal Planner
Enclosures
CC: Mayor, City Council, City Manager
DeKalb Planning and Zoning Commission
Petitioner’s Representative
PZC067-16
Citizen Response Form
Special Use Request
1890 Sycamore Road
Owners Name:
_____________________________________________________________
Property Address:
___________________________________________________________
Basic Input (Please check any that apply)
□ I support the proposal
□ I support redevelopment in general but would like to see specifics before I decide
□ I do not support the proposal
Written Comments
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
PZC067-16 P a g e |2
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 September 28, 2016 at 6:00 p.m. in the
DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a proposal by Amy
Bemis and Property Owner Renee Bemis for a special use for property at 1890 Sycamore
Road to allow an existing permitted “automobile, truck and recreation vehicle sales and
rental” business to operate as a special use, and authorization pursuant to 13.02.06 to allow
and regulate a monument sign that includes digital display, that otherwise complies with the
height and area calculations of the UDO for the following described property:
THAT PART OF LOTS 4, 5, 6, 7, 8 AND 9 OF VALOS SUBDIVISION, AS RECORDED IN
BOOK “J” OF PLATS, PAGE 10 IN THE DEKALB COUNTY RECORDER’S OFFICE, AND
ALSO THAT PART OF THE NORTHWEST ¼ OF SECTION 13, TOWNSHIP 40 NORTH,
RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, DEKALB COUNTY, ILLINOIS,
DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT
11 OF THE FIRST ADDITION TO VALOS SUBDIVISION, AS RECORDED IN BOOK “M”
OF PLATS, PAGE 100 IN THE DEKALB COUNTY RECORDER’S OFFICE; THENCE
SOUTHEASTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 11, 382.00
FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 11; THENCE
NORTHEASTERLY, AT RIGHT ANGLE TO THE LAST DESCRIBED COURSE, ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 11, 200.00 FEET TO THE MOST EASTERLY
CORNER OF SAID LOT 11; THENCE SOUTHEASTERLY, AT RIGHT ANGLE TO THE
LAST DESCRIBED COURSE, ALONG A SOUTHEASTERLY EXTENSION OF THE
EASTERLY LINE OF SAID FIRST ADDITION TO VALOS SUBDIVISION, 272.10 FEET;
THENCE SOUTHWESTERLY, AT RIGHT ANGLE TO THE LAST DESCRIBED COURSE,
475.00 FEET; THENCE NORTHWESTERLY, AT RIGHT ANGLE OF THE LAST
DESCRIBED COURSE, 654.10 FEET TO THE NORTHERLY LINE OF LOT 5 OF VALOS
SUBDIVISION, SAID POINT BEING A POINT IN THE CENTERLINE OF SBI ROUTE 23
(SYCAMORE ROAD); THENCE NORTHEASTERLY AT RIGHT ANGLE FROM THE LAST
DESCRIBED COURSE, ALONG THE NORTHERLY LINE OF VALOS SUBDIVISION AND
THE CENTERLINE OF SBI ROUTE 23, 275.00 FEET TO THE POINT OF BEGINNING,
ALL IN DEKALB TOWNSHIP, DEKALB COUNTY, ILLINOIS.
All interested persons are encouraged to submit written comments on this proposal to the
City of DeKalb by 5:00 p.m. on Wednesday, September 21, 2016 and are invited to appear
and be heard at the time and place listed above.
Further information is available from the Community Development Department, 815-748-
2060.
Christina Atherton, Chair
DeKalb Planning and Zoning Commission
City of DeKalb
PZC067-16 P a g e |3
PZC067-16 P a g e |4
ITEM G1
Planning and Development Memo PZC074-16
DATE: September 23, 2016
TO: Planning and Zoning Commissioners
FROM: Derek Hiland, Planner
SUBJECT: Policy discussion on Airbnb regulations.
Due to the rise in popularity of rental websites, which assist individuals in renting their
property on both a short-term and a long-term basis, many cities have taken a proactive
approach to regulating the properties within their jurisdictions. Different approaches have
been taken towards the regulation of Short-Term Rentals (STR’s). Both the use of existing
policy to respond to the negative externalities associated with STR’s, and the creation of
new ordinances to more comprehensively control and limit STR’s, have been used.
The City does regulate traditional hotel and Bed and Breakfast (B&B) locations, but it must
be determined if STR listings would fall under the same classification. There is a
differentiation in the types of STR listings online, including whole property rentals, and
single room rentals. In addition to determining how the City’s Municipal Code applies to
STR’s, the issue of tax application and collection is also a factor.
City staff will be present to discuss the increasing popularity of STRs and will seek
direction from the Commissioners to determine whether or not DeKalb should implement
regulations within the community regarding STRs and if so, under what conditions.
PZC074-16 Workshop on Airbnbs