Planning & Zoning Commission

Council Chambers 200 South Fourth Street DeKalb, IL 60115 AGENDA Planning and Zoning Commission April 26, 2017 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) D. APPROVAL OF MINUTES 1. March 29, 2017 2. April 12, 2017 E. OLD BUSINESS None F. NEW BUSINESS 1. Public hearing on a petition by Blackhawk Road, LLC, represented by Stefan Wereminski, for a Zoning Map Amendment from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District, approval of Planned Development Preliminary Plans to allow for the re- establishment of a fraternity on the subject site located at 1114 Blackhawk Road. Waivers to the Unified Development Ordinance are being requested for the minimum lot size for a Planned Development, the number of required parking spaces, parking lot design and locational requirements, landscaping and other approvals as required for redevelopment of the property. G. REPORTS/ITEMS FOR NEXT MEETING H. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION March 29, 2017 The Planning and Zoning Commission held a Meeting on March 29, 2017 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the meeting to order at 6:01 PM. A. ROLL CALL Natalie Nelson called the roll. Members of the Planning and Zoning Commission present at roll call: Katharina Barbe, Vicki Buckley, David Castro, and Chair Christina Atherton. Members absent were Matthew Crull, Deborah Nier, and Jerry Wright. City staff present were Community Development Director Jo Ellen Charlton, Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Atherton requested a motion to approve the March 29, 2017 agenda as presented. V. Buckley motioned to approve the agenda, K. Barbe seconded the motion, and the motion was approved by unanimous voice vote. C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None. D. APPROVAL OF MINUTES 1. February 22, 2017 Chair Atherton requested a motion to approve the February 22, 2017 minutes as presented. K. Barbe motioned to approve the minutes as presented, D. Castro seconded the motion, and the motion was approved by unanimous voice vote. E. OLD BUSINESS 1. Continued public hearing on a petition by the DeKalb Sanitary District for a zoning map amendment from the “SFR2” Single Family Residential District to the “PD-R” Planned Development - Residential District, amendment to Ordinance No. 06-74, approval of Planned Development preliminary and final plans and other approvals as required for the subject property to allow for the Planning and Zoning Commission March 29, 2017 Page 2 of 12 expansion of the DeKalb Sanitary District Facility located on 51.84 acres along Hollister Avenue and Sycamore Road. PETITIONER PRESENTATION Mark Eddington, District Manager of the DeKalb Sanitary District, presented before the Commission. He reported he has spoken to staff during the past week regarding the project’s outstanding items. He referred to portions of the staff report in VI “Required Changes and Conditions,” 4. “Conditions of Approval.”  Items B and D pertain to IDOT’s approval to vacate the right-of-way easement. Mr. Eddington reported that IDOT approval to vacate the right- of-way will take some time. He stated that the new administration building will not be located in the current right-of-way, but part of the new parking lot will be. He asked the City to approve the building permit and delay approval of the parking lot permit until IDOT’s approval is obtained.  Items H and Q pertain to future improvements. Mr. Eddington stated that these items are addressed in the larger development agreement with the City, which the Sanitary District received this morning and has not yet had an opportunity to review. He noted that this agreement will be reviewed by City Council prior to approval. STAFF REPORT City of DeKalb Principal Planner Dan Olson reported the Sanitary District has submitted revised plans and has been working with the City to finalize them. He reported the Sanitary District’s name has changed to the Kishwaukee Water Reclamation District, effective May 1, 2017. He referred to the staff report, which includes background information and the required findings of fact regarding the standards of rezoning and standards for a planned development. He provided a summary of these findings of fact, which appear in detail as part of the staff report. Mr. Olson stated that a revision to the Comprehensive Plan is recommended as the conditions have changed, and the land use category should be the same as the current Sanitary District property’s land use, which is the “Transportation and Utilities” category. He stated that the project conforms to the Unified Development Ordinance’s planned development requirements. The development agreement will address the maintenance and zoning of the property, as well as required improvements, including installation of landscaping buffers, relocation of Hollister Avenue, crosswalk improvements, security measures, traffic reduction, and improvements to Sycamore Road, which IDOT must approve. Mr. Olson stated that the petitioner must meet the required changes and conditions of approval, as stated in the staff report, and finalize the plans prior to City Council’s approval of the development agreement. He noted that the development agreement will include provisions to allow the City to approve the building permit  Planning and Zoning Commission March 29, 2017 Page 3 of 12 prior to IDOT’s vacating the right-of-way, to delay approving the parking lot permit until IDOT’s approval is received, and requiring modification to the development agreement if the submitted plans are substantially changed. Mr. Olson referred to the sample motion on page 12 of the March 24, 2017 staff report, including the plans listed in Exhibit 1 and the Required Changes and Conditions of Approval. Community Development Director Jo Ellen Charlton addressed the Sanitary District’s requests to revise the conditions for approval. She stated that the building permit can be issued but occupancy approval and parking lot permit issuance will be withheld until IDOT vacates the right-of-way and an updated plat that includes that property is produced. She stated she believed the petitioner’s requests regarding future improvements will be addressed in the development agreement, which the City Attorney and staff are still finalizing. CITIZEN COMMENTS Jim Schneider of 1139 State Street addressed the Commission. He stated he has attended Sanitary District meetings and expressed concern about the recent fee increases and those in the future to cover the cost of this expansion. He stated that usage is down recently due to lack of development and asked why the expansion is necessary now. He noted that the Sanitary District received stimulus funds from the federal government to fund the first phase of the expansion. He requested that the Sanitary District explore the possibility to become a regional waste water treatment facility so that more users could contribute fees and help fund the expansion. Steve Kapitan of 1228 Sycamore Road addressed the Commission. He stated his property is located across from the expansion site. He voiced concerned that clarifiers to be placed behind the vacant bank building and Wendy’s properties will cause odor issues for neighbors. He requested the intersection’s current stoplight and the facility’s new entrance be aligned and an access road from the bank, across the Sanitary District property, to the relocated Hollister Avenue be added. He stated he believed it would be a simple adjustment to the plan and would decrease car accidents that occur frequently due to drivers entering and exiting Jewel and the former bank. He asked if zoning the vacant lot and the rental unit at 1221 Sycamore Road at the southwest corner of Sycamore Road and Hollister Avenue to commercial could be done as part of this project. Mr. Olson responded that the current petition does not include those properties. Mr. Eddington responded to Mr. Schneider’s comments. He stated that the project will not increase the current capacity; it will replace the current capacity, conform to new environment regulations, and allow expansion into a regional utility in the future if the need arises. He stated that neighboring communities currently treat Planning and Zoning Commission March 29, 2017 Page 4 of 12 their own wastewater, but they could connect with the DeKalb facility. He reported that, even with the recent rate increases, the typical family currently pays approximately $26 per month for DeKalb sewer service, which is 20% less than Sycamore’s rates. Mr. Schneider asked if there are plans to become a regional facility. Mr. Eddington responded that there are no definite plans. Mr. Schneider asked if Cortland planned to connect to the DeKalb facility as they had been in the past but are now discharging waste water into land. Mr. Eddington responded that the District is open to discussing options with other communities. Mr. Eddington responded to Mr. Kapitan’s questions. He stated that positioning the facility’s drive so that nearby commercial properties could use it was not part of the plan. He stated that it would increase traffic on the facility’s property. The relocation of the administration building would be complicated due to underground facilities as well. He stated that accidents are common at the intersection where 13th Street and Hollister Avenue cross Sycamore Road, and the facility’s plan to straighten the roadway should help reduce accidents. In response to the question regarding including 1221 Sycamore Road in the project, Mr. Eddington reported that the property owner inquired about selling his property to the District, and the District will consider it. Chair Atherton asked Mr. Eddington to respond to Mr. Kapitan’s concern regarding odor. He reiterated that odor should not be a problem as the nature of the waste and the capacity will remain the same. He noted that the clarifiers will be about 100 feet from the other properties. He added that the development agreement will include provisions for installing odor abatement. Mr. Kapitan asked how the new primary clarifiers’ location was determined. Mr. Eddington responded that the higher ground will allow gravity to move the waste water more efficiently. Mr. Kapitan returned to his earlier comments. He stated that minor revisions to the plans to relocate the access road and parking lot would improve traffic flow and benefit the City and nearby commercial properties. He reiterated his suggestion to consider rezoning the two nearby residential properties at the southwest corner of Sycamore Road and Hollister Avenue. Chair Atherton stated that rezoning the residential properties was outside the Commission’s purview at this time. Planner Olson responded that rezoning requests are normally sought by property owners, not initiated by the City. He stated that the current request does not include those properties, but they could be looked at when the Comprehensive Plan is reviewed. He added that the owners of the vacant bank property were mailed  Planning and Zoning Commission March 29, 2017 Page 5 of 12 notices regarding the project, and they did not approach the City to request connection to Hollister Avenue. He said the City encourages cross access between commercial developments, especially when road stubs are already present. Mr. Kapitan recalled that the property owners who built the bank requested access to Hollister Avenue in the past but were denied due to objections from the owners of adjacent residential properties. He voiced concern that his suggestions were being disregarded. Planner Olson responded that even if the bank property connected to Hollister Avenue, the property would still have direct access to Sycamore Road, so safety issues would not be reduced. He stated the Sanitary District did not propose connecting Hollister Avenue to the nearby commercial properties. He asked the Sanitary District to respond further. Mr. Eddington stated that the Sanitary District has been in contact with Brian Rosenow, the owner of the bank property, and had long discussions about purchasing that property and using the bank building to house the plant’s administration. This option did not go forward because the renovations would have been extensive, and it would have been too distant from the plant’s laboratory and other operations. Mr. Schneider asked if there was an alternative plan if the EPA does not fully fund this project due to the new federal administration. Mr. Eddington stated that the current plant is old and inefficient, it struggles to meet current regulations, and it will soon be unable to meet future regulations. He stated that if IEPA cannot provide $46 million in low interest loans, repayable over 20 years, the Sanitary District will seek to issue bonds to fund the project. He added that the District must adhere to state and federal regulations as well as to local standards for quality wastewater treatment. Chair Atherton closed public comment period at 6:45 PM. COMMISSION DISCUSSION Commissioner Castro reported he visited the current facility for a tour and spoke with Sanitary District staff. He encouraged the public to visit and learn about the water treatment facility. He asked Mr. Eddington to discuss how regulations affect the operations at the facility. Mr. Eddington responded that drinking water has standards that are set and waste water regulations change to meet the limits of technology. He explained that the Sanitary District applies for and receives a 5-year NPDS permit from the Federal EPA, administered by the Illinois EPA. The facility’s current permit is set to expire May 1st, and the new permit will likely have additional stringent regulations. He Planning and Zoning Commission March 29, 2017 Page 6 of 12 explained that a regulation to require monitoring a particular contaminant is typically a precursor to a regulation to require removal of that contaminant. He stated that allowable ammonia will soon be half of the current allowable amount, and removal of nutrients, namely phosphorus and nitrogen, are likely forthcoming. D. Castro asked how long the Sanitary District facility’s improvements have been under discussion. Mr. Eddington responded that this project has been discussed for at least 15 years, and during the past five years the public has been aware of the planned improvements. D. Castro asked how long the City of DeKalb has been aware of the Sanitary District’s expansion plans. Planner Olson responded he was aware the Sanitary District approached the City last year. Mr. Eddington reported that over the past several years, multiple past City employees have been involved in discussions regarding the facility’s need for improvements. K. Barbe asked for clarification regarding changes to Hollister Avenue. Mr. Eddington provided an overview of the improvements. He approached the dais to show Ms. Barbe on her tablet where the current road lies and how the proposed layout of the facility will be configured. She asked if homeowners on Krpan Court had any input. Mr. Eddington stated that the District has been in contact with those property owners over the past year and assured her the existing tree line will remain and additional trees will be planted. Chair Atherton asked Mr. Eddington for an estimated timeline for IDOT to approve the request to vacate the right-of-way and asked what would happen if IDOT denied their request. Mr. Eddington responded that the property could be condemned if their request is denied. He stated that IDOT approval may take months, but approval was likely. Chair Atherton asked what the address of the facility will be. Mr. Eddington responded it has not been determined yet. Chair Atherton invited further comments from the Commission and the City. She thanked the citizens for their comments. She also thanked the Sanitary District for their willingness to be open and communicate with citizens, City staff, and the Commission. She reported her father worked at a water treatment facility in Rochelle, and she understood how facilities must change as regulations change. MOTION V. Buckley stated that, based upon the submitted petition and testimony presented, she moved that the Planning and Zoning Commission forward its findings of fact as outlined in the March 24, 2017 staff report to the Planning and Zoning Commission, and recommend to the City Council a Zoning amendment to Ordinance No. 06-74 to delete in its entirety, approval of a Map Amendment from  Planning and Zoning Commission March 29, 2017 Page 7 of 12 the “SFR2” District to the “PD-R” District, approval of Planned Development preliminary and final plans and approval of the “DeKalb Sanitary District Planned Development”, prepared by W.E. Hanna Surveyors, latest revision dated 3/21/17, approval of an amendment to the 2005 Comprehensive Plan by designating the subject site under the “Transportation and Utilities” land use classification in order to allow for the expansion of the Wastewater Treatment Facility for the subject property in accordance with the Approved Plans as listed in Exhibit 1 and subject to the Required Changes and Conditions of Approval listed in Section VII of the March 24, 2017 staff report prepared for the March 29, 2017 Planning and Zoning Commission meeting. The approval includes the following waivers from the provisions of the UDO: 1. A garbage dumpster located on the west side of the Lab-Administration building will be located without enclosure. 2. Chain link fence topped with barbed wire will be allowed around the perimeter of the property except where ornamental fence is provided where visible from Sycamore Road as indicated on the Approved Plans. D. Castro seconded the motion. Planner Olson requested that, per the Commission’s discussion, the motion and second be amended to state, “Section VII. Required Changes and Conditions of Approval, as revised.” V. Buckley (motion) and D. Castro (second) approved this amendment. VOTE A roll call vote was taken. Yea – K. Barbe, V. Buckley, D. Castro, and Chair Atherton. The motion passed with a vote of 4-0-3. F. NEW BUSINESS 1. Public hearing on a petition by Kelley Williamson Company represented by Russell Anderson for approval of a Special Use Permit for a gasoline station and approval of a variation to the lighting standards in Article 10.05.01 (2) of the Unified Development Ordinance to increase the average ground level foot- candle levels, and other approvals as required to accommodate the proposed use on property which is zoned “GC” General Commercial District and located at 1020 N. 1st St. PETITIONER PRESENTATION Russell Anderson of 120 West State Street in Rockford, Illinois, legal counsel for Kelley Williamson Company, presented on behalf of the petitioner. He provided a history of the Kelley Williamson Company dating back to 1932. He said the family- owned business operates more than 40 gas stations and convenient stores, Planning and Zoning Commission March 29, 2017 Page 8 of 12 including one in Cortland. He stated he has represented the petitioner for 30 years and can attest that Kelley Williamson Company has an excellent reputation in the industry, with its employees, in the communities in which they operate, and with the Mobil brand. Mr. Anderson stated that the proposal will be an unattended self-service gas station with latest technology and systems required by fire regulations, including automatic notification to the fire department and shutoffs. He listed the proposed improvements:  four canopy-covered fueling islands with diesel fuel available at one island  216.5 sf building to house the operating equipment, district manager’s office, a restroom, and ATM  video surveillance that the police department can access  landscaping He displayed on the screen a rendering of the proposed site improvements and a photo of the current condition of the site. Mr. Anderson stated that the site in question was a gas station with a mechanic bay beginning in the 1960s. He stated that Kelley Williamson purchased the property in 1994 from Mr. Breese and planned to demolish and rebuild immediately. He stated that, after the sale, they learned significant remediation was required. The remediation measures were recently completed and confirmation was received from the Illinois Environmental Protection Agency. He displayed on the screen images of the type of trash enclosure that will be installed and the brick to be used on the trash enclosure, building, canopy columns, and base of the corner pedestal sign. He also provided a sample of the bricks. He displayed images of the pedestal sign, which will include Mobil and the bank that operates the ATM. He provided reasons the proposed development is appropriate for the location:  other gas stations are located on the same intersection, one of which is no longer in operation,  the modern and attractive building and landscaping elements will improve the character of the area  safety will be increased due to eliminating the two access points closest to the intersection of First Street and Hillcrest Drive, He discussed the variance requested to allow for more intense lighting than the allowable average 5 foot candles, noting that the recently approved Casey’s development will include lighting similar to the current proposal. He added that the proposed development’s small lot size affects the average light intensity measurement. He stated that the proposed lighting improves security and helps customers feel safer. He provided photometric readings measured under the  Planning and Zoning Commission March 29, 2017 Page 9 of 12 canopy and at the edge of the property and displayed aerial view photos showing the nature and intensity of the proposed lighting, which does not reach to the edge of the property in any appreciable way. Mr. Anderson reported that the applicant agrees to conform to the standards for the special use and variation findings of fact as presented in the staff report, and encourages the Commission to adopt those findings of fact and approve the requested lighting variation according to the March 24, 2017 photometric report. STAFF REPORT Planner Olson acknowledged that the site is small. He stated that improvement plans increase the safety of the site. He reported that fuel delivery trucks can safely enter and leave the site and will not travel south on First Street due to the weight limits on the nearby bridge. He stated that the parking for the site is sufficient for the use. He added that the proposed landscaping meets the UDO requirements and includes planting additional shrubs and sod at the City’s request. He noted that the canopy sign plans submitted will be revised to decrease the size and number to conform to the UDO requirements. He stated that the petitioner’s submitted plans meet the standards of a special use, except for the lighting, for which the applicant has requested a variance. He stated that the petitioner’s submitted lighting plans were reviewed by the City’s engineering consultant, who recommended reducing the average foot candles to better match the UDO requirements. The applicant’s photometric plan indicates an average foot candle level of 9.07 with a maximum of 36.9 under the canopy. He noted that the Casey’s lighting average was lower due to the size of the site, but under the canopy it was measured at 32 foot candles. He added that industry standards for lighting at gas stations is recommended to be 30 foot candles. At 7:22 PM, Chair Atherton opened the public portion. CITIZEN COMMENTS Steve Kapitan of 1228 Sycamore Road asked that the lighting be carefully directed downward. Mr. Anderson responded that the lights beneath the canopy and on the poles will be high-efficiency focused small lens LED lights, and they will be installed to direct light downward. He said these types of fixtures are expensive but save electricity. Atherton closed the public hearing at 7:24 PM. Planning and Zoning Commission March 29, 2017 Page 10 of 12 COMMISSION DISCUSSION K. Barbe asked if the facility will accept credit and debit cards and cash. She voiced concern about security and cameras. Bob Sanderson of Kelley Williamson, located at 1132 Harrison Avenue in Rockford, responded that security cameras will be installed on the pumps and cover the lot. He stated cash and fast passes will be accepted, as well as credit and debit cards. He added that the ATM onsite will dispense cash for patrons who want to receive a cash discount when paying at the pump. K. Barbe asked how long the cameras’ recordings are saved. Mr. Sanderson responded that the recording equipment saves up to three months, which can be reviewed if necessary. K. Barbe asked if the beautiful landscaping presented in the materials will be planted and how it will be maintained. Mr. Sanderson responded that the landscaping will be planted as stated in the plan and maintained by company-hired staff. He stated a locally-hired manager will be on site for about 4 hours each day for the first month or so, and then daily for about an hour. He added that trash will be emptied daily. Chair Atherton asked where similar Kelley Williams gas station are located. Mr. Sanderson stated that three unmanned facilities exist in the Rockford area. Chair Atherton commented that people often do not notice whether a station is manned because so many pay at the pump. V. Buckley asked why the petitioners did not chose to locate on the other nearby corner property that has existing gas pumps. Mr. Sanderson responded that the petitioner wanted to use the subject property, which it already owned. V. Buckley added that she worked in a building that shared a parking lot with the Kelley Williamson Company, which maintained its building well. D. Castro asked if a space was omitted in the second sentence under VI. Conclusions and Recommendations on page 6 of the staff report. He noted for the record that “incompliance” should be “in compliance.” Mr. Olson confirmed it is typographical error and will be corrected. D. Castro acknowledged Mr. Kapitan’s concerns and noted that the light intensity is significantly less at the edge of the property compared to under the canopy. He asked who reviewed the lighting plan. Mr. Olson responded the City’s consulting engineer, WBK Engineering, has a lighting expert who reviewed the submitted lighting plan, made recommendations, and approved the revised plan. He added that the Illuminating Engineering Society’s guideline for gas station lighting is an average of 30 foot candles. Mr. Castro voiced support for increasing the lighting on the corner where people walk.  Planning and Zoning Commission March 29, 2017 Page 11 of 12 K. Barbe noted that the children from Clinton Rosette Middle School often walk across the street at that corner. Chair Atherton asked for clarification regarding the staff’s recommendation to include a condition to revise the signage plan. Mr. Olson responded that the petitioner has agreed to submit a revised signage plan that places signage on only two sides, not three, of the canopy and reduces the size of those signs, as required by the UDO regulations. He stated that the condition was include because the revised plans have not been submitted yet. MOTION D. Castro stated, based upon the submitted petition and testimony presented, he moved that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Special Use Permit for a gasoline station to be located at 1020 N. 1st St. subject to the conditions listed on Exhibit A of the staff report. This motion includes a revision to Exhibit A, line item 1, which refers to Exhibit B, in which item 8 shall read, “Brick color detail from Belden Brick with gray bricks (labeled 661 Smooth) for the utility building trash enclosure, canopy piers, and ground sign.” V. Buckley seconded the motion. VOTE A roll call vote was taken. Yea – K. Barbe, V. Buckley, D. Castro, and Chair Atherton. The motion passed with a vote of 4-0-3. MOTION K. Barbe stated that, based upon the submitted petition, testimony presented and findings of fact, she moved that the Planning and Zoning Commission approve a variation to Article 10.05.01 (2) of the Unified Development Ordinance to increase the average ground level foot-candle level from 5 to 9.07 on the property subject to the following condition. 1. The lighting for the subject site shall be developed per the Photometric Plan prepared by Red Leonard Associates dated 3-24-17. V. Buckley seconded the motion. VOTE A roll call vote was taken. Yea – K. Barbe, V. Buckley, D. Castro, and Chair Atherton. The motion passed with a vote of 4-0-3. Planning and Zoning Commission March 29, 2017 Page 12 of 12 G. REPORTS / ITEMS FOR NEXT MEETING 1. The next meeting is April 12, 2017, during which two public hearings :  Kishwaukee Country Club Annexation and Rezoning  1015 Blackhawk Rezoning 2. The proposed revised meeting schedule, which will change Planning and Zoning Commission meetings to the Wednesdays before City Council meetings, will be considered by the City Council on April 10, 2017. The revised schedule is expected to be approved and begin on May 3, 2017. The commissioners will receive an updated calendar at the April 12, 2017 meeting. I. ADJOURNMENT Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn. K. Barbe motioned to adjourn, D. Castro seconded the motion, and the motion was unanimously approved by voice vote. The meeting adjourned at 7:42 PM Respectfully Submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on .  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION April 12, 2017 The Planning and Zoning Commission held a Meeting on April 12, 2017 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the meeting to order at 6:00 PM. A. ROLL CALL Natalie Nelson called the roll. Members of the Planning and Zoning Commission present at roll call: Katharina Barbe, Matthew Crull, Deborah Nier, Jerry Wright, and Chair Christina Atherton. Members absent were Vicki Buckley and David Castro. At 6:02 PM, Chair Atherton noted for the record that Commissioner Jerry Wright joined the meeting. City staff present were Community Development Director Jo Ellen Charlton, Principal Planner Dan Olson, City Attorney Dean Frieders and Administrative Assistant Natalie Nelson. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Atherton requested a motion to approve the April 12, 2017 agenda as presented. M. Crull motioned to approve the agenda, D. Nier seconded the motion, and the motion was approved by unanimous voice vote. C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None. D. APPROVAL OF MINUTES 1. March 15, 2017 Chair Atherton requested a motion to approve the March 15, 2017 minutes as presented. K. Barbe motioned to approve the minutes as presented, M. Crull seconded the motion, and the motion was approved by unanimous voice vote. E. OLD BUSINESS None Planning and Zoning Commission April 12, 2017 Page 2 of 9 F. NEW BUSINESS 1. Public hearing on a petition by the City of DeKalb to approve a Zoning Map Amendment to the “LC” Light Commercial District for the property located at 1015 Blackhawk Road. PETITIONER PRESENTATION / STAFF REPORT Principal Planner Dan Olson presented on behalf of the petitioner, City of DeKalb. He sated the rezoning request is for the property located at 1015 Blackhawk Road, which is currently zoned “LC” Light Commercial, and includes a vacant commercial building, formerly Campus Cinemas, and the associated parking lot that surrounds the building. Mr. Olson reported that this rezoning request has been made in response to the property owner’s claim he was not given adequate due process of notice of a text amendment, which the City approved in 2013.This text amendment to the UDO changed residential uses above first floor commercial uses from a permitted use to a special use in both the Light Commercial and General Commercial zoning districts. Mr. Olson stated that on March 27, 2017, in response to the property owner’s concerns, the City Council approved a motion to initiate a petition to rezone the subject property to the Light Commercial district to allow the property owner an opportunity to speak about the appropriateness of LC zoning for the subject site. Mr. Olson reported that as required by the UDO, a notice of public hearing was published in the Daily Chronicle on March 25, 2017, and notification letters were mailed to the owners within 250 feet of the subject property. He added the owner of the subject site was mailed the notice via certified mail, and the City received the signed receipt card confirming delivery. Mr. Olson displayed a map of the subject property and pointed out the surrounding properties’ zoning designations. He referred to the findings of fact for Standards of Rezoning as discussed in the staff report. He stated that staff determined the “LC” Light Commercial zoning category is appropriate for the subject property based upon the City’s Comprehensive Plan, the Unified Development Ordinance, and the “LaSalle Factors,” as discussed in the staff report. Pete Occhipinti, owner of 1015 Blackhawk, arrived at 6:10 PM. Mr. Olson stated the subject property is vacant due to the property owner’s decision to close the commercial movie theater and not improve the property to provide another commercial service needed in the area. Mr. Olson concluded that the staff recommends the Planning and Zoning Commission forward to the City Council the findings of fact presented and a recommendation to approve the proposed zoning map amendment.  Planning and Zoning Commission April 12, 2017 Page 3 of 9 At 6:14 PM, Chair Atherton opened the public hearing. CITIZEN COMMENTS Pete Occhipinti, owner of the subject property located at 1015 Blackhawk Road, the former Campus Cinema, questioned the necessity for a rezoning hearing when the zoning is not changing. He stated his attorney was not present but instructed him to ask for a continuance. He stated he is involved in a lawsuit with the City because requiring a special use permit to place residential development on his property negatively affects the value of his property. Mr. Occhipinti noted his objection to any zoning restriction that would require a special use permit to place residential development on the site. He stated he had recently submitted a building permit to the City. COMMISSION DISCUSSION Chair Atherton asked City staff to clarify why the hearing is necessary. Commissioner Crull added that he and his fellow commissioners would also benefit from a short explanation. Attorney Frieders explained that the property owner has asserted on numerous occasions that he should be able to use his property under the LC zoning standards in 2012, and he was not afforded due process in 2013 when the City approved a zoning text amendment that changed the permitted and special uses in the LC and “GC” General Commercial districts. Mr. Frieders reported that in response to the property owner’s concern, the City explored another opportunity to consider in a public forum the appropriateness of the subject property’s zoning designation. Mr. Frieders further explained that the hearing is for a zoning map amendment, which differs from the 2013 text amendment, because zoning map amendments require more due process under Illinois law, including publishing a public notice and mailing a notice to each property owner within 250 feet of the subject property. He stated that Mr. Occhipinti and his attorney received the mailed notice over a week and a half ago. Mr. Frieders stated that the hearing provides the property owner an opportunity to present evidence, information, or testimony in a public forum. Mr. Frieders reported that City staff considered all possible zoning classifications for the subject property, including the LC and GC districts. The Community Development Director and Principal Planner concluded that, based upon the property’s attributes, LC was the appropriate zoning designation as it existed in 2012 and as the LC zoning designation exists today. He explained that this hearing allows the Planning and Zoning Commission the opportunity to consider whether they agree with staff’s determination that LC is the appropriate zoning designation. Planning and Zoning Commission April 12, 2017 Page 4 of 9 He added that the City Council will also consider at a public meeting the appropriateness of the LC zoning designation for the subject property. M. Crull asked if the purpose of the hearing is to review City staff’s evaluation and any new evidence presented at this hearing to determine if the property’s zoning designation should remain LC. Attorney Frieders responded that the Commission can consider recommending any zoning designation if they determined it was more appropriate. D. Nier also confirmed that the intent of the hearing is to determine if the LC zoning designation is appropriate for the subject property. J. Wright asked if maintaining the LC zoning designation will prevent residential development on the subject property. Mr. Frieders replied that residential development is allowed in the LC district if a property owner obtains approval for special use permit and submits a fully developed set of plans. He added that the owner of LC zoned property could also request rezoning to the PD-R or PD-C districts or another designation that allows residential use. M. Crull confirmed that if the property remained zoned LC, the property owner could still pursue a special use permit if he so chose. K. Barbe questioned the effect of reconfirming the zoning. Attorney Frieders replied that a zoning map amendment is an opportunity to evaluate the highest and best use of a property and to determine the most appropriate zoning designation, according to guidelines set by City code and the courts. He stated that the Planning and Zoning Commission is tasked with recommending to the City Council the appropriate zoning designation for the property. The City Council will then consider the recommendation at a public meeting and can enact an ordinance for the zoning of the property. K. Barbe asked what would change for the owner if the property remains zoned LC. Attorney Frieders replied that he could not speak for the property owner. He explained that the owner of the subject property criticized the due process used when the text amendment was approved even though the City followed state law. The City sought to address his concerns by petitioning for a zoning map amendment, which requires the highest level of due process possible. At 6:24 PM, Chair Atherton invited further comments.  Planning and Zoning Commission April 12, 2017 Page 5 of 9 Mr. Occhipinti stated that if apartments had not been a permitted use in the LC district when he purchased the subject property, he would not have done so. He stated he planned for 10 years to build 50 residential units on his property. He asserted the City does not want more apartments in the area. He said his property is the only one that can accommodate apartments in the area. He noted that while the litigation is ongoing, the rezoning hearing should not have been held. He said he was not given the chance to submit a permit before the hearing. He stated that apartments will be built on the subject property eventually by him or a future property owner. D. Nier stated that the hearing is acting to reaffirm zoning that has been in place since 2012. She noted that the property owner may place residential development on his property through a special use permit. Attorney Frieders stated Ms. Nier was correct. He reported that residential development in the immediate area has occurred recently. He noted that a petition for residential development nearby will be considered at the next Commission meeting. At 6:27 PM, Chair Atherton closed the public hearing. Hearing and seeing no further comments, Chair Atherton requested a motion. MOTION M. Crull motioned that, based upon the submitted petition and testimony presented, he recommended that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “LC” Light Commercial District to the “LC” Light Commercial District for the subject property located at 1015 Blackhawk Road. D. Nier seconded the motion. Chair Atherton requested a roll call vote VOTE A roll call vote was taken. Yea – K. Barbe, M. Crull, D. Nier, J. Wright, and Chair Christina Atherton. Nay – none. The motion passed with a vote of 5-0-2. 2. Public hearing on a petition by Kishwaukee Country Club, Inc. to approve a Zoning Map Amendment, upon annexation, from the “SFR1” Single-Family Residential District and the “SFR2” Single-Family Residential District to the “PD-R” Planned Development – Residential District for the property located at 1901 Sycamore Road to allow for the construction of a new clubhouse, pro shop, and associated improvements. Planning and Zoning Commission April 12, 2017 Page 6 of 9 PETITIONER PRESENTATION Steve Irving of 4 Arrowhead Lane and president of the Kishwaukee Country Club introduced Kishwaukee Country Club board members Terry Bishop, Pat Delaney, and Roger Hopkins; Golf Pro Dave Paeglow; and members Mark Carpenter and Bob Clark. Mr. Irving attested that for nearly 40 years, he has found City staff to be very cooperative in every instance. He praised City staff for their dedication, notably Jo Ellen Charlton, Dan Olson, Dean Frieders, fire department staff, water department staff, building department staff, and engineering department staff. Chair Atherton thanked Mr. Irving for sharing his experience. Mr. Irving provided a history of the Kishwaukee Country Club, which began over 100 years ago, and predates Hopkins Park and the former DeKalb Sanitarium. He reported that the current building has significant problems, including flooding, poor handicap accessibility, and a dysfunctional building layout. The proposed new clubhouse will be a one-story structure that will house the pro shop and the clubhouse, with golf car storage in the basement. A new roadway will allow fire truck access to the front of the building. Handicapped parking will be located next to the front door. Public utilities are already in place, including water and sanitary. A storm water retention pond will be placed where the current clubhouse is located. Mr. Irving stated that the Kishwaukee Country Club allows complimentary golf course use for golf teams from DeKalb High School and NIU, and many community events take place at the facility. Mr. Irving stated that the Kishwaukee Country Club is not seeking any financial incentives from the City to fund the project. Mr. Irving displayed images of the proposed project, including renderings of the exterior, a proposed site plan, and proposed floor plans. He noted the simple architectural design, building materials, the covered front entryway, and the covered back patio. STAFF REPORT Principal Planner Dan Olson provided background on the proposed project. He reported that the existing clubhouse and about 15 acres of the facility are currently within the City limits and zoned SFR-2. The proposal will annex about 52 acres to the City, rezone the annexed property from SFR-1 to PD-R, and rezone the property currently in the City from SFR-2 to PD-R. He reported that staff approves of the plans to reconfiguring the drive up to the clubhouse, to add approximately 16 new parking spaces, and to reduce the semi-circular drive-aisle width from 24  Planning and Zoning Commission April 12, 2017 Page 7 of 9 feet to 20 feet, as long as fire trucks can safely maneuver and City fire department staff approves. Mr. Olson listed the UDO requirement waivers requested and stated that staff does not object to these waivers: • Remove the requirement for landscaping islands on the north end of the parking lot • Remove the requirement for curbs and gutters around the parking lot to allow golf carts and maintenance equipment to maneuver freely • Remove the requirement for subdivision platting at this time, but it will be required if future redevelopment occurs • Allow continued use of an existing well water system to water the golf course and the “half way house” only. Mr. Olson stated that the plans presented are preliminary but detailed enough that the final plans need not to be reviewed by the Planning and Zoning Commission. He referred again to the staff report which lists how the proposal meets the Standards of Rezoning. Mr. Olson reported letters in support for the proposal were received from the owners of 116, 124, and 132 Greenwood Acres Drive, and 1926 Sycamore Road. He noted that another letter of support was received just before the start of the meeting from the owner of 205 Greenwood Acres Drive. Mr. Olson stated that City staff supports recommending approval of the proposal. He reported that staff reviewed the preliminary plans, provided comments, and awaits receipt of the revised plans. He referred to Exhibit A which accompanies the staff report and lists the submitted plans and the development standards, including the UDO waivers, permitted uses, and prohibited uses. He also referred to Exhibit B in the staff report, which lists the conditions that must be met prior to final review by the City Council. He indicated that a response letter from the petitioner agrees to address these items. At 6:45 PM, Chair Atherton opened the public hearing. She noted there was no one in the audience who chose to speak. She invited the Commission to comment. COMMISSION DISCUSSION K. Barbe asked for a timeline for the project. Mr. Irving replied that revised drawings will be submitted in the next couple months, and site work could begin in June or July. However, starting after Labor Day would be preferable to avoid the facility’s busy summer months. He said the major Planning and Zoning Commission April 12, 2017 Page 8 of 9 construction phase may take about six months or more, and he anticipated opening in about a year. Mr. Olson noted the existing clubhouse will be used until the new clubhouse is ready to be occupied. Chair Atherton asked for clarification of the parking plans. Mr. Irving replied that the building size and capacity have not been firmly decided, so parking spaces may be adjusted to meet the UDO’s ratio requirement. He added that the handicapped parking spaces are required to be located as near to the entrance as possible. Mr. Olson clarified that the dark gray parking spaces on the plans will be new. Attorney Frieders referred to page 45 of the staff report on which the parking spaces along the east edge will be new pavement. Mr. Olson explained further that the number of parking spaces have been reduced in the most recent plan due to reduced capacity of the clubhouse. Chair Atherton announced a final opportunity for citizen to comment on the proposal. Attorney Frieders stated that six members of the public in the audience represent Kishwaukee Country Club and are present to support the proposal. At 6:50 PM, seeing and hearing no further comments, Chair Atherton closed the public hearing. Chair Atherton requested further comments or questions from the Commission or a motion. D. Nier commented that the proposal was fine and commended the petitioner and staff for working together effectively to develop the proposed plan. MOTION D. Nier motioned that, based upon the submitted petition and testimony presented, she moved that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment, upon annexation, from the “SFR1” Single-Family Residential District to the “PD-R” Planned Development – Residential District for the property described in Legal A and approval of a Zoning Map Amendment from the “SFR2” Single-Family Residential District to the “PD-R” Planned Development – Residential District for the property described in Legal B to permit a new clubhouse and pro shop and associated improvements for the property located at 1901 Sycamore Road per the Planned Development Plans and standards listed on Exhibit A and subject to the conditions listed in Exhibit B. J. Wright seconded the motion.  Planning and Zoning Commission April 12, 2017 Page 9 of 9 VOTE A roll call vote was taken. Yea – K. Barbe, M. Crull, D. Nier, J. Wright, and Chair Christina Atherton. Nay – none. The motion passed with a vote of 5-0-2. G. REPORTS / ITEMS FOR NEXT MEETING Principal Planner Olson announced the next meeting is scheduled for April 26, 2017, at which a public hearing will be held, regarding a petition to rezone 1114 Blackhawk Road to establish a new fraternity house. He reported the City Council’s approval of the revised meeting schedule. Therefore, the new schedule will begin with a meeting on May 3rd, which means it is possible the Commission will meet two weeks in a row. I. ADJOURNMENT Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn. Barbe motioned to adjourn, D. Nier seconded the motion, and the motion was unanimously approved by voice vote. The meeting adjourned at 6:54 PM Respectfully Submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on .  STAFF REPORT April 21, 2017 TO: Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Zoning Map Amendment from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District; Approval of Planned Development Plan; Approval of Waivers to the UDO– 1114 Blackhawk Road I. GENERAL INFORMATION A. Purpose Zoning Map Amendment from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District; Approval of Planned Development Plan; Re-establishment of a fraternity on the subject site B. Owner/Applicant Blackhawk Road, LLC/Stefan Wereminski C. Location and Size 1114 Blackhawk Road/ 0.7 acres D. Existing Zoning and Land Use “MFR2” Multiple Family Residential; former fraternity house E. Surrounding Zoning and Land Use North– “MFR2”; Greek Housing, apartments South – “MFR2”; Greek Housing, apartments East – “MFR2”;Greek Housing, apartments West – “LC” Light Commercial; vacant commercial building F. Comprehensive Plan Designation High Density Residential II. BACKGROUND AND ANALYSIS The City has received a petition from Blackhawk Road, LLC in order to rezone the .7 acre subject site from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District and approval of a Planned Development Plan to allow the re-establishment of a fraternity (Sigma Nu) on the property. Waivers to the Unified Development Ordinance (UDO) are being requested for the minimum lot size for a Planned Development, the number of required parking spaces, parking lot design and locational requirements and landscaping. The request is being made to allow the property to be used for a student organization (Sigma NU Fraternity) that is officially recognized by the Interfraternity Council at NIU. The property will be used as a student residences during the school year in addition to providing dining and meeting/study space. The existing building is two-story with a basement and has a total square footage of 12,573 square feet. The number of bedrooms currently in the building is 29 and the applicant is proposing a total of 45 occupants. The building on the site once contained a fraternity and Page 2 of 11 has been vacant for about two years. The 45 members of Sigma NU Fraternity are currently renting a location in an apartment complex nearby. Density - Minimum Lot Area and Floor Area The “MFR2” Multiple Family District does not have a minimum lot area for rooming houses or fraternities. If we viewed this as a multiple-family building (requires 3,500 square feet of lot area per dwelling unit) and counted each bedroom as a dwelling unit, there would be a minimum lot area of 2.3 acres required for the project. The City’s rooming house license regulations cover the minimum floor area needed based upon the number of occupants. There is 6,800 square feet of floor area required based upon 45 occupants and the building contains about 12,570 square feet. City records indicate the building was licensed for as many as 58-61 occupants in 29 rooms from 1997 to 2004. Building and Site Work The applicant is proposing to do about $340,000 worth of work on the building and property to bring it up to the current rooming house regulations of the City, the current building codes and compliance with the Americans with Disabilities Act (ADA). Proposed improvement include several life safety measures, installing a fire sprinkler system, updating security and surveillance systems, replacing the hot water heating system, room restorations, new lighting and refurbishing the appearance of the building and grounds. In addition, a new concrete walk and ADA ramp is proposed from the south end of the parking lot, around the front of the building to the north side of the building where there will be access to the first floor. One of the bedrooms and the bathroom on the first floor will be remodeled for ADA accessibility. Page 3 of 11 Site Layout/Parking The applicant had originally proposed to resurface the existing parking area and create about 21 parking spaces. For fraternities, the UDO requires one parking space for each occupant calculated on the licensed capacity of the building. With 45 proposed occupants, the number of required parking spaces is 45. The staff emphasized the need to add more parking as there is a problem with providing adequate off-street parking for the other fraternities/sororities and apartments in the area. This has caused excessive on-street parking and illegal parking in the surrounding neighborhood. The applicant has worked with and cooperated with the City and revised the plans to reflect about 30 parking spaces and revised the plans again to indicate parking for 42 vehicles (including two handicap spaces) and extending the private drive to Edgebrook Drive. The latest layout will remove the dead end parking lot and provide parking spaces that are just under the minimum amount required per the UDO. The applicant has provided documentation and supporting information regarding their waiver to the minimum parking requirements and is discussed later in the report. Waivers to the UDO The applicant is requesting waivers to the UDO regarding the minimum lot size for a Planned Development, the number of required parking spaces, parking lot design and locational requirements and landscaping. Page 4 of 11 Minimum Lot Size for a Planned Development The UDO requires a minimum site size for any Planned Development of two acres. The minimum site size can be waived by the City Council with recommendation from the Planning and Zoning Commission (PZC) if the property has unique characteristics or if it’s determined the use proposed is desirable or necessary in relationship to the surrounding neighborhood. Proposed is the re-establishment of a fraternity on a .7 acre site that previously contained the same use. The requested Planned Development zoning is necessary in order to allow the use to be re-established on the site. Waivers to the UDO are justified due to the size of the property and the need to maintain the aesthetics of the site. Number of Required Parking Spaces For fraternities, the UDO requires one parking spaces for each occupant calculated on the licensed capacity of the building. With 45 proposed occupants, the number of required parking spaces is 45. The current parking lot is not striped and has room for approximately 21 parking spaces. The applicant’s latest plan indicates parking for 42 vehicles, including two handicap spaces. The number of parking spaces original proposed by the applicant was 21. In the PZC packet are documents and information provided by the petitioner supporting the request to reduce the number of required parking spaces. Provided is a parking survey of the other Greek Housing locations in the neighborhood with the number of parking spaces with some indicating the number of occupants. Also provided are the parking regulations for fraternities from three other cities (Champaign, Normal and Carbondale) in Illinois with major universities. Those parking requirements reflect parking ratios that require either one parking space for every two occupants or one parking space for every four residents. The documents submitted by the applicant indicate the fraternity has 22 designated parking spaces at the location they are currently renting. The applicant has worked with staff on increasing the number of parking spaces on the site and we are supportive of this waiver request. Parking Lot Design and Locational Requirements/Landscaping The UDO requires a parking setback of 5 feet from interior lot lines and 10 feet from the street right-of-way. The applicant’s plan indicates a parking setback of 3 feet 7 inches along the east property line where there is a current line of vegetation. The existing vegetation will remain, but will need some trimming to accommodate the parking lot. There will be landscape islands at both ends of the parking lot, however the parking will be about 6.5 feet from the right-of-way, in lieu of the minimum of 10 feet required in the UDO. The plan indicates the planting of evergreen shrubs in the landscape islands to screen vehicles from the roadway. With the re-location of the driveway off of Kimberly Drive and the new access to Edgebrook Drive, there will be two existing parkway trees that will need to be removed. The applicant is proposing to add two shade trees and two ornamental trees on the lot to compensate for the removal of the parkway trees. The four new trees will be placed on the eastern portion of the site to make up for areas that will be losing some shrubs to accommodate the ADA walkway and ramp. Staff supports the waiver request, Page 5 of 11 which allows for additional parking spaces to be added to the site and at the same time allowing for the flexibility to provide additional landscaping where needed. The UDO also requires curb and gutter at the perimeter of parking lots and around landscape islands. With the applicant providing additional parking spaces well beyond what was originally proposed and at the request of the staff, we are in support of not requiring the curb and gutter. Well over half of the parking area already exist so the amount of new impervious area is limited. The City Engineer has also reviewed the plan and does not object to waiving this requirement. Per the UDO regulations, on-site stormwater detention will not be required. Stormwater will flow to the open areas on the property or along the drive to the street and to catch basins along Edgebrook and Kimberly Drives. View from Kimberly Drive Page 6 of 11  View from Edgebrook Drive IV. STANDARDS OF REZONING 1. The proposed rezoning conforms to the Comprehensive Plan, or conditions have changed to warrant the need for different types of land uses in that area. The proposed rezoning is appropriate considering the length of time the property has been vacant, as originally zoned, and taking into account the surrounding areas trend in development. The 2005 Comprehensive Plan recommends the subject site for High Density Residential. The Greek Row Neighborhood Revitalization Plan approved in October, 2002 recommends the continued vitality and revitalization of the Greek Row Neighborhood. The proposed project will meet many of the objectives of the Greek Row Neighborhood Revitalization Plan including improved parking, lighting, neighborhood appearance and public safety. Staff believes that the proposed development meets the intent of the City’s Comprehensive Plan. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. Re-zoning of the subject site to the PD-R District will allow the project to comply with the regulations of the UDO except for waivers to the minimum lot size for a Planned Development, number of required parking spaces, parking lot design and locational requirements, and landscaping. The exceptions to the UDO are justified based upon the limited lot size, adaptive re-use of the property, the need for additional off-street parking and the desire to maintain an open space setting and aesthetically pleasing appearance on the property. Page 7 of 11 3. The proposed rezoning will not have a significantly detrimental effect on the long-range development of adjacent properties or adjacent land uses. The surrounding area is already developed. Other greek housing and apartments exist to the north, east and south of the subject site. The proposed rezoning should not have a detrimental effect on the adjacent properties or land uses. 4. The proposed rezoning constitutes an expansion of an existing zoning district that, due to the lack of undeveloped land, can no longer meet the demand for the intended land uses. The subject property is proposed for “PD-R” Planned Development - Residential zoning. The “PD-R” zoning will allow the property to be used for a use that previously existed on the site and provides additional off-street parking spaces for a use that will be compatible with the surrounding area. 5. Adequate public facilities and services exist or can be provided. Existing utilities already serve the site. The existing drive off of Kimberly Drive will be extended through the site to Edgebrook Drive. A bus stop exists to the west of the building along Blackhawk Drive. Per the UDO regulations, on-site stormwater detention will not be required. Stormwater will flow to the open areas on the property or to the street and to catch basins along either Edgebrook Drive or Kimberly Drive. V. RECOMMENDATION Sample Motion: Based upon the submitted petition and testimony presented, I move that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District and approval of Planned Development Plan to allow for the re-establishment of a fraternity on the subject site located at 1114 Blackhawk Road per the Planned Development Plans and standards listed on Exhibit A and subject to the conditions listed on Exhibit B. Page 8 of 11  Exhibit A Planned Development Plans 1. Site Plan dated 3-24-17 prepared by Roman T. Holowka 2. Floor Plans (3 sheets) dated 3-24-17 prepared by Roman T. Holowka Permitted Uses 1. A residential “rooming house” (fraternity) use for student housing, with a maximum of 2 occupants per room, a maximum of 45 residents total, and a maximum unit count of 29 bedrooms. 2. Continuation in existence of the existing recreational and community facilities on the subject property consisting of group meeting areas, when maintained for the use of residents and their guests only. 3. Operation of a full-service restaurant/cafeteria for residents and/or non-residents, provided that the service of alcoholic beverages or the application for or receipt of a liquor license shall be prohibited. Prohibited Uses 1. Any use which is not expressly authorized as a Permitted Use. 2. Any home occupation or other form of commercial enterprise. 3. Any residential use other than that described for student housing as described herein. 4. Community residences. 5. Group homes. 6. Parking lots, as a principal use (and more specifically, any lease, rental or otherwise offering use of on-site parking by any party other than a resident or employee of the subject property). 7. Outdoor storage of any form. 8. Sales or construction trailers, intermodal shipping containers, van trailers or similar items used for storage or office purposes, temporary structures or similar appurtenances used for office, work or storage purposes. Any such item shall be deemed to be used for office, work or storage purposes if it remains on the property in one exterior location for more than twenty-four (24) hours at any given time. Notwithstanding the foregoing, this Section shall not apply during any time when there is a building or demolition permit outstanding. Page 9 of 11 Development Standards 1. Development of the subject site shall meet those standards as set forth in the UDO except as provided below: a. The minimum site size for a Planned Development shall be reduced from 2 acres to 0.7 acres. b. The City shall not require landscape quantities and at locations per the UDO, except as shown on the Planned Development Plans. c. The City shall not require curb and gutter at the perimeter of parking lots and around landscape islands. d. The City shall not require parking lot setbacks of 5 feet from the side and rear lot lines and 10 feet from street right-of-way lines, except as shown on the Planned Development Plans. 2. The owner shall maintain cameras or other equipment utilized to provide video surveillance and security coverage for the subject site per the recommendations of the Police Department. 3. Other development and maintenance regulations the City has approved in other high density residential projects shall apply to this Planned Development. Page 10 of 11  Exhibit B Conditions of Approval Final Plans shall be submitted including the following: 1. A Photometric Plan shall be provided indicating compliance with the lighting regulations of the UDO. 2. A Landscape Plan should be submitted indicating all existing vegetation with new plantings indicating size, species and installation specifications. 3. Provide a detail of the trash enclosure indicating stained cedar wood that is compatible with the existing building. 4. The parking lot formula should be added to the site plan indicating the number of required parking spaces and the number of provided parking spaces. 5. The existing 10 foot wide Utility Easement on the subject site shall be vacated. 6. Final Engineering Plans should be provided including showing drainage patterns. Page 11 of 11 April 7, 2017 Dear Property Owner: The DeKalb Planning and Zoning Commission will consider a request on a petition by Stefan Wereminski for a Zoning Map Amendment from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District and approval of Planned Development Preliminary and Final Plans to allow for the re-establishment of a fraternity for the property located at 1114 Blackhawk Road. The DeKalb Planning and Zoning Commission will review the request and hold a public hearing at its regular meeting on Wednesday, April 26, 2017 at 6:00 p.m. The meeting will be at the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within 250 feet of the above-mentioned property, you are encouraged to attend this meeting to learn about and comment on the proposal. You are also welcome to submit any written comments you may have on the proposal no later than Wednesday, April 19, 2017. You may submit written comments regarding the request on the enclosed comment sheet by mail to the address listed above, or by e-mail to dan.olson@cityofdekalb.com. All comments will be shared with the Commission and included in the public record. If you have any questions about this request, please feel free to contact the Community Development Department at (815) 748-2060. Sincerely, Dan Olson Principal Planner Enclosures CC: Mayor City Council City Manager Planning and Zoning Commission Applicant 1114 Blackhawk Road – Rezoning from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District Page 2 of 4 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 Wednesday, April 26, 2017, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a petition by Stefan Wereminski for a Zoning Map Amendment from the “MFR2” Multiple Family Residential District to the “PD-R” Planned Development - Residential District, approval of Planned Development Preliminary and Final Plans to allow for the re-establishment of a fraternity on the subject site located at 1114 Blackhawk Road. Waivers to the Unified Development Ordinance are being requested for the minimum lot size for a Planned Development, the number of required parking spaces, parking lot design and locational requirements, landscaping and other approvals as required for redevelopment of the property. The subject property is legally described as: Parcel 1: Lot 12 in Block 3 in Fifth Addition to Rolling Meadows Subdivision, a Subdivision of a part of Section 15, Township 40 North, Range 4 East of the Third Principal Meridian, according to the Plat thereof recorded February 27, 1964, as document No. 320234, in Plat Book “M”, page 80, in DeKalb County, Illinois Parcel 2: Lot 13 in Block 3 in Sixth Addition to Rolling Meadows Subdivision, a Subdivision of a part of Section 15, Township 40 North, Range 4 East of the Third Principal Meridian, according to the Plat thereof recorded August 28, 1964, as document No. 323083, in Plat Book “N”, page 7, in DeKalb County, Illinois The aforementioned legal description is comprised of Parcel Identification Number (PIN) 08-15- 176-021 and commonly known as 1114 Blackhawk Road, DeKalb, IL 60115. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on these proposals to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, April 19, 2017. Further information is available from the Community Development Department, (815) 748-2060. Christina Atherton, Chairman DeKalb Planning and Zoning Commission Page 4 of 4 DocuSign Envelope ID: 8EF2D5DB-E651-4931-885E-43DEA3F75547 REZONING PETITION TO: Mayor, City Council & City Clerk of the City of DeKalb, Illinois FROM: Petitioner(s): Stefan Wereminski Telephone: 847-420-2429 Mailing Address: 1420 California Ave Cell: Rolling Meadows, IL 60008 Fax: Email: s.wereminski@gmail.com Petitioner’s Representative: Stefan Wereminski Telephone: 847-420-2429 Mailing Address: 1420 California Ave Cell: Rolling Meadows, IL 60008 Fax: Email: s.wereminski@gmail.com 1. The petitioner hereby petitions the City of DeKalb to rezone the following property: A. Legal Description and Parcel # (s): (If necessary, please attach the full legal description on a separate sheet of paper) Parcel # 0815176021 Parcel 1: LOT 12 IN BLOCK 3 IN FIFTH ADDITION TO ROLLING MEADOWS SUBDIVISION, A SUBDIVISION OF A PART OF SECTION 15, TOWNSHIP 40 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN Parcel 2: LOT 13 IN BLOCK 3 IN SIXTH ADDITION TO ROLLING MEADOWS, A SUBDIVISION OF A PART OF SECTION 15, TOWNSHIP 40 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN B. Street Address or Common Location: 1114 Blackhawk Road C. Size (square feet or acres): 0.7 Acres D. Existing Zoning District: MFR-2 E. Proposed Zoning District: PD-R F. Reason for request: On a separate sheet of paper, describe the reasons for the rezoning request and the intended types of land uses, if any, for the property. Also, indicate whether or not the proposed rezoning would a) be in conformance with the City’s Comprehensive Plan and how the proposed rezoning may b) impact adjacent existing and future land uses, c) impact adjacent property values, and d) impact the general public’s health, safety and welfare. 2. The petitioner hereby submits the following information: (X) Vicinity map of the area proposed to be rezoned, (X) List of current owner, and their mailing addresses, of all property within 250 feet (exclusive of right-of- way) of the property proposed to be rezoned, (X) All files (e.g. site plans, building elevations, legal description, reasons for request) shall be provided on a CD, DVD or flash device that will become part of the application file. (X ) Petition fee ($500.00). Planning/Forms & Documents/Petitions/Rezoning Petition DocuSign Envelope ID: 8EF2D5DB-E651-4931-885E-43DEA3F75547 3. The petitioner hereby states that a pre-application conference was * (X) was not ( ) held with City staff prior to the submittal of this petition. * Date of pre-application conference: 3/3/17 Those in attendance: Dan Olson (Note to petitioner: A pre-application conference with staff is highly encouraged in order to avoid delays and to help in the timely processing of this petition.) 4. The petitioner hereby agrees that this petition will be placed on the Plan Commission’s agenda only if it is completed in full and submitted in advance of established deadlines. 5. The petitioner has read and completed all of the above information and affirms that it is true and correct. 6. Petitioner/property owners hereby give the City of DeKalb permission to post a public notice sign(s) on the subject property. 4/19/2017 Petitioner Date Petitioner Date Subscribed and sworn to before me Seal This day of, . Notary Public I hereby affirm that I am the legal owner (or authorized agent or representative of the owner – proof attached) of the subject property and authorize the petitioner to pursue this rezoning petition as described above (petitioner must sign if he/she is the owner). 4/20/2017 Owner’s Signature Date President, Blackhawk Road, LLC. Owner’s Signature Date Subscribed and sworn to before me Seal This day of, . Notary Public --------------------------------------------------------------Staff Use Only------------------------------------------------------------------- Planning & Development Division Is petition completed in full? __ yes __ no Date received: Received by: Public Hearing Date: Planning/Forms & Documents/Petitions/Rezoning Petition This request is submitted to rezone the property located at 1114 Blackhawk Road, parcel # 0815176021, from MFR-2 to PD-R. The following request is being made to allow the property to be used as a rooming house for a student organization that is officially recognized by both the Interfraternity Council at Northern Illinois University and by Northern Illinois University. The property will be used as a student residence during the school year in addition to providing separate meeting and study spaces for the student residents. The proposed rezoning would be in conformance with the city's Comprehensive Plan as the rezoning would allow us to revitalize the building which has been sitting vacant for more than a year and preserve the appearance of the neighborhood. The rezoning would also conform to the city's Greek Row Revitalization Plan is it would allow the building to be used for its intended purpose as a rooming house. The property has been a rooming house since it was built in the 1960's and would need substantial changes to the layout of the building for it to serve any other purpose. The revitalization of the property would account for bringing the building up to the standards set forth by the American's with Disabilities Act (ADA) and would allow us to serve and provide housing for a broader student base. Rezoning would also allow for many updates to the building including updates to life safety by installing a fire sprinkler system to the property, update the security of the property and adjacent walkways with the addition of proper exterior lighting and security cameras, and beautification by restoring the appearance of the property and revamping the surrounding landscaping. The property is located off of Blackhawk Road between Ridge Drive and Kimberly Drive, the heart of Greek Row as identified in the Greek Row Revitalization Plan. The impact of rezoning this property would ensure the integrity of the surrounding properties which currently includes the Sigma Sigma Sigma sorority house at Ridge Drive and Blackhawk Road, the Delta Zeta sorority house at Kimberly Drive and Blackhawk and the Delta Gamma sorority house on Kimberly Drive directly behind the property in question. The property values of the surrounding rooming homes will increase due to the beautification of the previously vacant property in addition to solidifying the area and allow for uniform improvements to the area moving forward. We are proposing a overlay of the existing parking space in addition to an expansion to create a pass through parking lot spanning between Kimberly Dr and Edgebrook Rd. The entrance will be reworked and the entrances/exits will be centered on the lot. Two trees will have to be cut down in the right of way to accommodate the entrances/exits. These will be replaced as indicated on the site plan. The parking lot will be sheet drained to the north and south as indicated on the site plan. The parking lot will contain 42 parking spots as detailed on the site plan. The parking lot will house an enclosed structure for a dumpster as detailed in the site plan. Evergreen screening will be installed at the ends of the parking lot on the north and south adjacent to the entrances/exits as illustrated on the site plan.  DRAWINGS INDEX N T. Holowka - Architect N T. Holowka - Architect N T. Holowka - Architect N T. Holowka - Architect  City of Champaign Illinois Parking Requirements (University of Illinois) Unit sizes are just over 100 square feet Sec. 37-359.2. - Residential and related uses. 29 Units x 0.75=21.75 22 Parking Spaces Bicycle Parking Number of Use Spaces Spaces Required Required* 1 space for Dormitory/Fraternity/Sorority 1 per 4 beds for residents every 4 bedrooms Single-Family and Duplex Dwelling 2 per dwelling unit None 1 per dwelling Townhouse or Rowhouse 2 per dwelling unit unit Multi-family Dwelling not within the 0.5 per bedroom, subject to applicable 1 per 2 dwelling University District exemptions under §37-358 units Multi-family Dwelling within the 1 per dwelling None University District unit 0.5 for each bedroom unit of 70 to 99 Boarding/Rooming House square feet 0.75 for each bedroom unit of 1 per 10 rooms 100 square feet and larger 1 per 2 guest Bed and Breakfast Inn 1 per living or sleeping unit rooms Bed and Breakfast Homestay and 2 per dwelling unit plus 1 for each bedroom None Breakfast use for a Bed Manufactured Housing 2 per dwelling unit None Community Living Facility 2 for each community living facility 1 per 2 rooms Congregate Elderly Housing/Single 1 for every 2 living units 1 per 2 rooms Room Occupancy *One bicycle loop as described in Section 37-377 provides two (2) bicycle parking spaces. Page 1  Normal, Illinois Municipal Code (Illinois State University) SEC. 15.7-2(Cont.10) 3. Institutional Property. a. Nursing Home; Hospital; Institutional property not elsewhere classified: One (1) space for each two hundred fifty (250) square feet of gross floor area. b. Day Care Center: One (1) space for each six hundred (600) square feet of gross floor area. c. Correctional Institutions, detention centers and rehabilitation centers: One (1) space for each one thousand five hundred (1,500) square feet of gross floor area. d. Therapeutic Group Care Home: Two (2) spaces plus one (1) space for each four (4) residents. 4. Residential Property. a. Single-family and two family dwellings: One (1) space per dwelling unit, except that no more than four (4) spaces shall be provided for each single-family dwelling or four (4) spaces for each two-family dwelling. b. Multiple-family dwellings: One and one half (1.5) parking spaces for each efficiency/one bedroom dwelling unit; two (2) parking spaces for each dwelling unit with more than one bedroom, except in the Parking Impact Zone as set forth in SEC. 15.7-4; .75 parking spaces for each bedroom for each dwelling unit with more than two (2) bedrooms. (Amended 1/19/99 by Ord. No. 4576)(Amended 8/21/00 by Ord. No. 4666)(Amended 8/20/01 by Ord. No. 4742)(Amended 9/21/09 by Ord. No. 5293) c. Hotels, motels, tourist homes and tourist courts: One (1) space per dwelling and/or lodging unit. d. Rooming Houses, fraternities and sororities: Two (2) spaces plus one (1) space for each two (2) roomers. e. Bed and Breakfast Establishments: Two (2) spaces plus one space for each lodging room. (Added 7/19/99 by Ord. No. 4606) 45 Proposed Occupants: 45/2=22.5+2=24.5 5. Store Property. 24 Parking Spaces a. Market, grocery store; Specialty food store; Liquor store; Dairy Store; Delicatessen; Clothing store; Shoe store; Shoe repair store; Tailor; Dress making shop; Fur store; Dry goods store; Furniture store; Appliance store; Hardware store; Music store; Wallpaper, paint store; Rug, floor covering store; Furniture repair shop;  Carbondale, Illinois Municipal Code (Southern Illinois University) 15.4.8.7: MINIMUM OFF STREET PARKING REQUIREMENTS: There shall be parking provided for each structure and use hereafter erected, structurally altered, or enlarged, unless elsewhere exempted. The minimum number of accessory off street parking spaces shall be provided in accordance with table B, "Off Street Parking Schedule", of this section. When determination of the number of off street parking spaces required by this title results in a requirement of a fractional space, any fraction one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space. 45 Proposed Occupants: 45/2=22.5+2=24.5 A. Parking Schedule: 24 Spots Required Per Table B TABLE B OFF STREET PARKING SCHEDULE Dwelling and lodging uses: Bed and breakfast 2 spaces per dwelling unit for the permanent establishment resident family in the dwelling unit(s) plus 1 space for each 2 paid overnight guests (based on design capacity) Fraternities or sororities 2 spaces plus 1 additional space for each 2 and dormitories occupants in accordance with designed capacity Group homes 1 space for each staff person on maximum shift, plus 1 space for each 6 members, or fraction thereof, of the service dependent population Group living: assisted 2 spaces plus 0.5 space for each dwelling unit living Group living: nursing 1 space for each 3 beds, in accordance with homes and similar types designed capacity of establishments Hotels or motels 1.25 spaces for each lodging room or dwelling unit; plus parking spaces as required for other uses on the premises (such as restaurant, bars, etc.) as indicated elsewhere in this table B Inn 2 spaces for the permanent resident family plus 1 space for each 2 paid overnight guests (based on design capacity) plus 1 space for each 4 seats in the eating facility if the eating facility is open to the public other than paid overnight guests Alpha Sigma Alpha 1019 Ridge Dr Parking Spaces: 43 Alpha Delta Pi 1230 Blackhawk Parking Spaces: 34 Sigma Sigma Sigma 1202 Blackhawk Rd Parking Spaces: 36 Sigma Alpha Epsilon and Vacant Rooming House 919 Greenbrier Rd (SAE) 917 Greenbrier Rd (Vacant) Parking Spaces: 919-10 917-11 Evan’s Scholars NIU 901 Greenbrier Rd Parking Spaces:25 Delta Chi 908 Greenbrier Rd Parking Spaces: 23 Sigma Alpha Mu 900 Greenbrier Rd Occupancy: 50 Parking Spaces: 19 Hunter Tri-Fraternity 930 Greenbrier Rd 1024 Hillcrest Dr 1026 Hillcrest Dr Occupancy: 930 Greenbrier Rd-55 1024 Hillcrest Dr-48 1026 Hillcrest Dr-48 Parking Spaces: 66 (22 Spaces Each) Sigma Kappa 928 W Hillcrest Dr. Occupancy: 55+ Parking Spaces: 28 Alpha Kappa Lambda 920 W Hillcrest Dr. Number of Parking Spaces: 14 Phi Psy 1020 W Hillcrest Dr. Occupancy: 60+ Parking Spaces: 17 Delta Zeta 1010 Blackhawk Rd Number of parking spots: 20 Delta Gamma 917 Kimberly Dr. Number of parking spaces: 19