Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission July 19, 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. June 21, 2017 E. OLD BUSINESS (None) F. NEW BUSINESS 1. Public hearing on a petition by Plaza DeKalb, LLC for a zoning map amendment from the “CBD” Central Business District to the “PD-C” Planned Development Commercial District, including consideration to approve a Planned Development less than two acres and exceeding 70 percent site coverage, and approval of a Concept Plan and other approvals as required for the subject property to allow for the construction of a new 4-story building, demolition of one building and renovation on two buildings, with commercial uses on the first floor, and no more than 27 apartment units on the upper floors. 2. Election of Vice Chair of the Planning and Zoning Commission. G. REPORTS/ITEMS FOR NEXT MEETING H. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION June 21, 2017 The Planning and Zoning Commission held a Meeting on June 21, 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, Vicki Buckley, David Castro, Matthew Crull, and Chair Christina Atherton. Members absent: 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 June 21, 2017 agenda as presented. K. Barbe motioned to approve the agenda, V. Buckley 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 Chair Atherton requested a motion to approve the May 17, 2017 minutes as presented. V. Buckley motioned to approve the agenda, K. Barbe seconded the motion, and the motion was approved by unanimous voice vote. E. OLD BUSINESS None. F. NEW BUSINESS 1. Public hearing on a petition for a Special Use Permit for Littlejohn Elementary School (1121 School Street) to bring the site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom to the west of the existing school building. Planning and Zoning Commission June 21, 2017 Page 2 of 7 PETITIONER PRESENTATION Cynthia Carpenter, resident 8314 Oak Springs Drive in Harvard, Illinois and Director of Business and Finance for District 428, presented on behalf of the applicant. She stated that District 428 seeks to erect a mobile classroom to the west of Littlejohn School to accommodate increased student enrollment. She stated Littlejohn School is one of eight elementary schools in District 428. The school was built in 1954 for grades K through 5, with additions built in 1958 and 1975. The current building is 39,000 square feet, located on 10.3 acres. The projected enrollment for 2017-18 is 450 students. The property is zoned SFR-2. She displayed an aerial map and a site plan with parking. She stated a lighting plan that complies with City Code will be developed for the playground and the mobile classroom. She reported the structure will be 24’ x 70’ modular unit with two classrooms, where the music room and the media center will be relocated. She noted that a restroom is not necessary since students will not be spending all day in the mobile classroom, but one can be added later. She added a ramp and stairs will provide access off the blacktop playground. She also displayed a photo of the exterior of the proposed mobile classroom. She stated the District anticipates City Council consideration on July 10 and July 24, with delivery of the mobile classroom in late July or early August, in time for the school year’s start date of August 23, 2017. STAFF REPORT Principal Planner Dan Olson presented on behalf of the City. He stated that zoning regulations in the Unified Development Ordinance (UDO) requires a Special Use Permit for a school in the SFR-2 zoning district. The current petition will bring the property into conformance with the UDO. He noted that recent changes to Illinois law requires public school properties to conform to local municipal zoning regulations. He added that the Regional Office of Education will oversee the construction and inspections. He reported that Littlejohn School had a mobile classroom in the past, but it was relocated to Lincoln School. He noted that the mobile classroom’s proposed location on the subject property is not near residential properties. He added that the City’s request to conform to the UDO by installing additional exterior lighting and planning ahead for other expansions to provide additional parking. He referred to the Findings of Fact for a Special Use in the Staff Report. He stated that City staff supports recommending approval of the petition, with the following conditions:  Planning and Zoning Commission June 21, 2017 Page 3 of 7 • The modular classroom shall be located in the area as indicated on the Site Plan dated June 15, 2017, prepared by Richard L. Johnson Associates and labeled as Exhibit B. • The modular classroom may remain on the subject site in the location as shown on Exhibit B for no more than three (3) years of the date of approval of the Ordinance granting the Special Use Permit. • A photometric plan indicating additional lighting along the west side of the school building and near the hard surfaced play area and proposed modular classroom shall be submitted reflecting compliance with the Unified Development Ordinance within 30 days after approval of the Ordinance granting the Special Use Permit. • All trash dumpsters on the subject site shall be screened per the provisions of Article 7.11 of the Unified Development Ordinance within 60 days after approval of the Ordinance granting the Special Use Permit. Mr. Olson stated that District 428 has been very cooperative, responding to City requests. He added that three Citizen Response forms were received, two in support and one in support as long as the project does not increase property taxes. PUBLIC PARTICIPATION Chair Atherton opened the public hearing at 6:11 PM. Observing no public participants, she closed the public hearing. COMMISSION DISCUSSION D. Castro confirmed with Planner Olson that the sample motion approves both the Special Use Permit and the locating the mobile classroom on the property. He also confirmed that the City will not oversee the building permits and inspections as it normally does. Planner Olson clarified that Illinois law allows the Regional Office of Education to administer school building projects and requires compliance with State of Illinois codes, which could be more stringent that local codes. He asked Ms. Carpenter if the mobile classroom is necessary for increased enrollment. She confirmed that a temporary increase in enrollment is expected, so the mobile classroom will accommodate these additional students. She reported that a new study for enrollment projection is underway, which will more accurately anticipate future enrollment. In the meantime, this temporary solution became necessary. D. Castro confirmed with Planner Olson that if the need for the mobile classroom space exceeds the three-year term, the District must submit a petition to the City for an extension of the Special Use Permit’s term. Ms. Carpenter added that the District entered into a three-year lease for the mobile classroom. Planning and Zoning Commission June 21, 2017 Page 4 of 7 M. Crull requested a correction to the Staff Report, section V. Conclusions and Recommendations, which should read, “The special use will not be incompliance in contradiction with the UDO and will not be detrimental to the surrounding area.” MOTION M. Crull stated that, 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 Public School on the subject property in order to bring the site into compliance with the Unified Development Ordinance and to allow for the addition of a modular classroom just to the west of the existing school building, subject to the conditions listed on Exhibit A. K. Barbe seconded the motion. VOTE A roll call vote was taken. Yea: K. Barbe, V. Buckley, D. Castro, M. Crull, and Chair Atherton. Nay: none. Absent: D. Nier and J. Wright. The motion passed 5-0-2. 2. Public hearing on City initiated miscellaneous text amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code. STAFF REPORT / COMMISSION DISCUSSION Dan Olson presented on behalf of the City. He provided an overview of the sections of the UDO updates proposed: Articles 3 and 5 • To define Banquet Hall and Social Club so they are differentiated • To designate the zoning districts in which a Banquet Hall or a Social Club may operate as permitted or special uses. K. Barbe asked if there are existing Banquet Halls and Social Clubs. Planner Olson responded that Faranda’s is currently considered a Banquet Hall. She asked if the building under construction at Lyons Park would be considered a Banquet Hall. Planner Olson responded that the Park District facility would not be considered a Banquet Hall because it is an accessory use. She asked if any Social Clubs operate in the City. Planner Olson replied that no such establishment currently operates in the City. Articles 7, 14, and 18 • To update the public hearing notice requirements for special use permits, variances, rezoning, and text amendments, to require applicants to arrange for publishing and mailing the notices of public hearing and also to remove the  Planning and Zoning Commission June 21, 2017 Page 5 of 7 requirement to include in the public hearing notices the metes and bounds in property legal descriptions. • To allow City staff to initiate text amendments and map amendments K. Barbe requested corrections to the redlining to remove “Director of ” where it appears incorrectly before “Community Development Director.” City staff will correct these errors prior to City Council consideration. K. Barbe clarified that applicants must mail public hearing notices to their neighbors, not hand deliver to them. D. Olson reaffirmed they must be mailed. Article 19 “Non-conforming Situations” • To add an exception to the requirement to discontinue a non-conforming use of a building or structure upon change of ownership to exempt residential property with up to four units only, and • To add a requirement to discontinue a non-conforming use of land (unimproved lot) upon change of ownership. D. Castro asked why the City proposes to add an exception to the change of ownership regulation for residential buildings with four or fewer units. Planner Olson responded that the current regulation is problematic for residential properties as new owners of multiple-unit residential properties on single-family zoned properties must invest in extensive renovations and evict tenants in order to discontinue non- conformities that began long ago. He added that tracking and enforcing the current regulation is difficult for smaller properties but easier for commercial properties and larger apartment complexes. D. Castro suggested that adding the exception for four units is arbitrary and weakens the tool for leading neighborhoods, like his own, toward conformity with the UDO. Planner Olson responded that the regulation for discontinuing non-conformity will still stand if any property is unoccupied for six months. K. Barbe suggested that the unit exception might provide a loophole. She asked if it would affect rooming houses. She also asked how a dwelling unit is defined. Planner Olson responded that the Municipal Code regulates rooming houses separately, and a dwelling unit requires a separate bathroom and kitchen for each tenant, so rooming houses would not be affected. D. Castro proposed a situation in which the owner of a five-unit residential building might demolish one wall to combine two units and allow tenants to pass through other units. Planner Olson responded that non-conforming regulations for altering a building would be applied in such situations. V. Buckley asked how many legal non-conforming buildings currently exist in the City. Planner Olson stated that the City cannot track these. D. Castro stated that in the past, justification for allowing a property to be legal non- conforming must have existed. He stated that the City has a goal of future eliminating Planning and Zoning Commission June 21, 2017 Page 6 of 7 inconsistencies between zoning and use. He voiced concern about losing the City’s tool for moving whole neighborhoods toward conformity. Director Charlton explained that the proposed amendment does not change those properties status to be conforming; rather it allows the non-conformity to continue upon change of ownership for certain types of properties. She pointed out that that regulations for discontinuing non-conforming uses if vacant for six months and over 50% destroyed remain. She stated that it is rare for communities to require discontinuing non-conforming uses upon change of ownership, particularly when a transfer stamp is not required and inspections are not routinely performed. She reported that in most cases, a property has already been purchased when the new owner learns from the City that its use is non-conforming and cannot continue. If reducing density is a goal for the City, this tool is not effective since it cannot be tracked and enforced. D. Castro suggested that, since the City cannot track and enforce the change of ownership regulation, it is not an appropriate or useful regulation. He said that if the City obtains tools for tracking and enforcing, reinstating the regulation at that time would be appropriate. D. Charlton responded that the regulation should be revisited in the future. Articles 1-20 • Exhibit A addendum includes the list of personnel, departments, and other bodies that will be updated and should be noted in the motion. PUBLIC COMMENTS Chair Atherton opened the public hearing at 6:45 PM. Observing no public participants, she closed the public hearing. MOTION M. Crull stated that, based on the submitted petition and testimony presented, he moved that the Planning and Zoning Commission recommend to the City Council approval of text amendments to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3 “Definitions”; Article 5 “Zoning District Regulations”; Article 14 “Permits”, Article 18 “Appeals and Variances”, Article 19 “Non-Conforming Situations”, Article 20 “Amendments”; and Articles 1-20 to correct references to appointed bodies, City departments and personnel as indicated on the attached Exhibit A. K. Barbe seconded the motion. VOTE A roll call vote was taken. Yea: K. Barbe, V. Buckley, D. Castro, M. Crull, and Chair Atherton. Nay: none. Absent: D. Nier and J. Wright. The motion passed 5-0-2.  Planning and Zoning Commission June 21, 2017 Page 7 of 7 3. Public hearing on a petition by Cademon Brewing Co. Inc. represented by Andrew Nordman for approval of a text amendment to the following Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3 “Definitions” to add the use and a definition for “Micro-Distillery”; Article 5 “Zoning District Regulations” to add “Micro- Distillery” as a permitted use in the “GC” General Commercial District and the “CBD” Central Business District; Article 12 “Off-Street Parking, Loading and Storage Requirements” by establishing a minimum parking requirement for “Micro-Distillery”. STAFF REPORT D. Olson requested a continuance of the public hearing to the July 5, 2017 meeting. He reported that the application was incomplete, as the filing fee was not received, so a Staff Report was not prepared. MOTION K. Barbe moved to continue the public hearing to the July 5, 2017 meeting. V. Buckley seconded the motion. VOTE The motion was approved by unanimous voice vote. G. REPORTS / ITEMS FOR NEXT MEETING The next meeting is July 5, 2017: • Proposed variance for an uncovered front porch at 422 Regal Drive • Proposed text amendment by Cademon Brewing I. ADJOURNMENT M. Crull motioned to adjourn, V. Buckley seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 6:50 PM Respectfully Submitted, Natalie Nelson, Administrative Assistant Minutes were approved by the Planning and Zoning Commission on .  STAFF REPORT July 14, 2017 TO: Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Plaza DeKalb – Rezoning from the “CBD” Central Business District to the “PD- C” Planned Development – Commercial District (124 N. 2nd St., 203 E. Lincoln Highway, 209 E. Lincoln Highway, 223 E. Lincoln Highway, and 229 E. Lincoln Highway) (Plaza DeKalb, LLC) I. GENERAL INFORMATION A. Purpose Zoning Map Amendment from the “CBD” District to the “PD-C” District; Concept Plan to allow for a new 4-story building, demolition of one building and renovation on two buildings, with commercial uses on the first floor, and no more than 27 apartment units on the upper floors. B. Owner/Applicant Plaza DeKalb, LLC C. Location and Size 124 N. 2nd St., 203, 209, 223 and 229 E. Lincoln Highway/.41 acres D. Existing Zoning and Land Use “CBD” Central Business District/vacant space, various commercial uses E. Surrounding Zoning and Land Use North– “CBD” Central Business District; public parking lot, various commercial uses South – “CBD”; various commercial uses East – “CBD”; various commercial uses West – “CBD”; various commercial uses F. Comprehensive Plan Designation Commercial II. APPLICANT'S REQUEST The City has received a rezoning application from Plaza DeKalb, LLC to allow for the construction of a new 4-story building, demolition of one building and renovation on two buildings, with commercial uses on the first floor, and no more than 27 apartment units on the upper floors. The principal developer involved is John Pappas, who has purchase contracts on the following properties: • 124 N. 2nd St. and 203 E. Lincoln Highway (Diamond Tour Golf/Hurricane Golf) • 209 E. Lincoln Highway (Former Carter’s Cottage) • 223 E. Lincoln Highway (Poppy Seed Primitives) • 229 E. Lincoln Highway (The Gaming Goat) Page 2 of 14 III. BACKGROUND AND ANALYSIS Project Overview. Provided below are summaries of the project’s concept site plan, elevation and floor plans, which are attached at the end of the report. 1. Concept Site Plan and General Zoning Information. Criteria Existing Requirement Proposed Zoning District CBD PDC CBD Front Setback No minimum setback 0’-7’ E. Lincoln Highway CBD Side Setback No minimum setback 0’ N. 2nd St. CBD Rear Setback No minimum setback 0’-7’ CBD Lot Coverage No maximum 100% CBD Parking Not Required in CBD Applicant has two parcels along Locust Street under contract for option for future parking. CBD Residential Lot square feet not less 27 units on .41 acres or Density than 1,500 square 663 square feet/unit feet/unit CBD Height 6 Stories or 90’ 4 Stories and 56’ PDC Site Coverage 70% 86% 90%, if meets bonus criteria The applicant is proposing to have 8 apartment units on each floor of the new building at 203 E. Lincoln Highway. They will all be one-bedroom apartment units, except there will be one two-bedroom unit on each floor. The buildings at 223 and 229 E. Lincoln Highway will have two apartment units, both will be two-bedroom units. A total of 26 units are proposed at this time, however the applicant wants to leave the flexibility to have an additional unit, so a total of 27 are requested. It should be noted that there are currently four apartment units above the buildings at 223 and 229 E. Lincoln Highway, so there will only actually be 23 new dwelling units beyond what exists now. 2. Conformance to Comprehensive Planning Documents. The proposed project is in conformance with many of the recommendations outlined in the 2007 Downtown Revitalization Plan, the 2011 Design Guidelines, and the 2013 DeKalb City Center Plan. Key findings are as follows:  Mixed use retail and residential buildings are recommended and encouraged to create a livable urban atmosphere.  Waivers to minimum setbacks, lot areas, and maximum site coverage are encouraged to facilitate attractive development. Page 3 of 14  Expanded living options and high end living options are recommended. The plans recognize that housing is an essential contributor to the “critical mass” that strong downtowns exhibit. One- and two-bedroom units in buildings up to six stories tall are supported, and are seen as critical to creating a day and nighttime population.  The proposed project will meet many of the design guidelines in the planning documents including scale, building facades, materials and architectural detail. 3. Elevation Plans. The E. Lincoln Highway and N. Second Street elevations are shown in Exhibits 1 and 2 and can be summarized as follows:  Four-story building (209 E. Lincoln), with three floors of residential above first floor commercial. 209 E. Lincoln will feature a plaza and pedestrian walkway.  223 and 229 E. Lincoln will maintain its scale with architectural enhancements.  Four sided architecture with full masonry exterior with a mix of stone, brick and enhanced materials. Minor modifications prior to City Council consideration.  Commercial windows on the first floor for both Lincoln Hwy. and 2nd St elevations. Page 4 of 14 View from Rear of 223 and 229 E. Lincoln Hwy. View from Rear of 203 and 209 E. Lincoln Hwy. Page 5 of 14 View from E. Lincoln Highway View from N. 2nd St. Page 6 of 14 4. Floor Plans. The floor plans are shown in Exhibits 1 and 2 and can be summarized as follows:  New Four-Story Building at the corner using the existing foundation.  Plaza and pedestrian access proposed for area of 209 E. Lincoln Highway Building.  Patio access for the apartment units in the rear of the buildings at 223 and 229 E. Lincoln Highway.  6,780 square foot of commercial space for possible grocery store in the new building proposed at 203 E. Lincoln Highway.  Balance of the first floor space at 203 E. Lincoln Highway will provide access and service to upper level residential units, including a lobby with stairs and elevator, hospitality and mail room.  Full basement (not shown) will remain at buildings at 203, 223 and 229 E. Lincoln Highway for storage.  The existing four apartment units on the second floor of the buildings at 223 and 229 E. Lincoln Highway will be converted to two 2-bedroom apartment units.  Floors two through four at 203 E. Lincoln Highway will accommodate up to 8 residential units per floor, with one two-bedroom unit on each floor with the following proposed amenities: • Fully sprinkled building • Elevator and two stairwells • Tenant controlled HVAC, internal to the building. • Fully furnished units • Modern kitchens with stainless steel appliances and quality cabinets and countertops • In unit stacked washer/dryer • Monthly cleaning service 5. Parking Providing new parking spaces for specific uses or developments in the downtown area is not required per the UDO. There are 51 parking spaces in the adjacent Frank Van Buer Plaza Parking lot directly north of the subject site. There are about 368 parking spaces in the public parking lots in the downtown area 1 ½ to 2 blocks from the subject site or about 575 feet away. This distance is equivalent to the distance from the far end of the Wal-Mart parking along Sycamore Road to the front door of the store (see attached Map). The applicant has two properties at the northeast corner of E. Locust St. and N. 2nd St. under contract, which will allow the option to provide additional surface parking to accommodate about 25 parking spaces. 6. Exceptions to the Planned Development – Commercial District Regulations. Page 7 of 14 Article 5.13.06 of the UDO – Minimum Site 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 if the property has unique characteristics or if it’s determined the use proposed is desirable or necessary in relationship to the surrounding neighborhood. The subject site is .41 acres and due to the mixed-use project and site limitations, an exception is justified. Article 5.09.02 – Residential Density in CBD The CBD requires a minimum lot size of 1,500 sq. ft. for each dwelling unit. The maximum number of dwelling units proposed is 27 which results in 40,500 sq. ft. or .92 acres required. The subject site is .41 acres. Due to the uniqueness of the project and required densities to make the project economically feasible, the exception is warranted. It should be noted that there are currently four apartment units above the buildings at 223 and 229 E. Lincoln Highway, so there will only actually be 23 new dwelling units beyond what exists now. Article 5.13.07(4) – Maximum Site Coverage The maximum site coverage for the Planned Development – Commercial District is 70%, with an increase up to 90% if recommended by the Planning and Zoning Commission and approved by the City Council if certain criteria is met. The building at 209 E. Lincoln Highway will be demolished and replaced with a plaza and pedestrian access, which are exempt from the site coverage calculation in the UDO. The resulting site coverage will be about 86%. The proposed project meets the criteria to increase the maximum site coverage since it will provide a mixed use development that includes amenities that further the goals and policies of the City and uses an innovative architecture, site planning and design not previously used in the downtown area and sets an excellent example for subsequent developments. IV. STANDARDS FOR ZONING MAP AMENDMENT 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 commercial use. In addition, the proposed project is in conformance with many of the recommendations outlined in the 2007 Downtown Revitalization Plan, the 2011 Design Guidelines, and the 2013 DeKalb City Center Plan. Mixed use buildings with commercial uses on the first floor are recommended and encouraged in the CBD District in the Plans. Staff believes that the proposed development meets the intent of the City’s Comprehensive Planning Documents. The proposed rezoning request will allow the redevelopment of the site that will spur additional development in the downtown area and increase the day and Page 8 of 14 nighttime population. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The intent and purpose of the Planned Development zoning district states: The purpose of the Planned Development Districts is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the design and future operation of the development. The rezoning of the subject property provides the opportunity to more directly shape the development, use and appearance of this property in accordance with the City’s design criteria and conformance with the Comprehensive Plan. The physical boundaries of the property and densities required for the site make this site a challenging property to redevelop. The Planned Development allows the developer and the City the flexibility to agree to a development plan and standards that seek relief from the Unified Development Ordinance regarding minimum lot size, residential density and site coverage for a Planned Development. The proposed rezoning request, exceptions to the UDO and concept plan will allow the redevelopment of the site into a mixed-use project that will spur additional development in the surrounding area. 3. The proposed rezoning will not have a significantly detrimental effect on the long-range development of adjacent properties or adjacent land uses. The proposed rezoning should not have a detrimental effect on the adjacent properties or land uses as it entitles the subject property to a re-use of the property that is complementary with the adjacent area. The PD-C zoning provides the mechanism to provide imaginative and innovative design that will have a positive effect on the surrounding area while providing relief to the applicant allowing the redevelopment of the subject property. The proposed rezoning request and concept plan will allow the redevelopment of a highly visible corner in the downtown into a mixed-use development that will generate new business opportunities and support existing commerce in the Central Business District, while spurring increased property values and other development opportunities. 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 currently zoned “CBD” Central Business District. Rezoning the property to “PD-C” will allow for a well-designed project. The rezoning will allow for flexibility by the applicant to redevelop the property in a manner that will complement the surrounding neighborhood in terms of size, scale and density. Page 9 of 14 5. Adequate public facilities and services exist or can be provided. Adequate public services can be provided to the subject property. The developer is responsible for necessary utility improvements, which can be readily made. The subject property lies within adequate service areas for other City services, such as police and fire protection. V. PUBLIC INPUT The City received Citizen Response Forms from commercial building owners at 201 E. Locust St. (Patrick and Barbara McLean) and 241 E. Lincoln Highway (Mel Witmer) indicating their support of the project and are provided in the PZC packet. A Citizen Response Form from the owner of 235 E. Lincoln Highway (Mark Salerno) objecting to the petition and from Margaret Johnson, owner of 143 and 147 N. 2nd St., indicating two concerns were also received and are in the packet. VI. CONCLUSIONS AND RECOMMENDATIONS The proposed rezoning request and concept plan will allow the redevelopment of a highly visible corner in the downtown into a mixed-use project that will generate new business opportunities and support existing commerce in the Central Business District, while spurring property values and other development opportunities. Some minor modifications to the architectural elevations regarding materials and treatments at the request from staff are likely and we are recommending prior to City Council consideration that those be addressed. Sample Rezoning and Concept Plan Approval 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 “CBD” Central Business District to the “PD-C” Planned Development Commercial District, exceptions to the UDO regarding minimum lot size, residential density and site coverage for a Planned Development and approval of a Concept Plan as described in Exhibit A for the properties located at 124 N. 2nd St., 203 E. Lincoln Highway, 209 E. Lincoln Highway, 223 E. Lincoln Highway, and 229 E. Lincoln Highway, subject to the conditions listed in Exhibit B and subject to staff comments regarding the architectural elevations be addressed prior to consideration by the City Council. Page 10 of 14  Exhibit A Concept Plan • Architectural Elevations as indicated on Exhibit 1. • Ground Floor Plan and Typical Upper Floor Plan as indicated on Exhibit 2. Page 11 of 14  Exhibit B 1) Residential apartments not exceeding a total of 27 residential units, with the sizes of such units being in substantial compliance with the Concept Plan. 2) There shall be no permitted commercial uses on the second or higher floors of the building, and there shall be no permitted home occupation use of the residential components of the building. Within the non-residential portions of the first floor of the buildings and any portion of the basement of the building allocated to supporting such non-residential areas, the permitted commercial uses shall be exclusively limited to the following: a) Retail Uses. Purely retail uses shall be permitted unless otherwise prohibited or limited. Minor, indoor incidental services shall be permitted as a component of retail uses (e.g. sale of computers with incidental computer servicing, jewelry store providing incidental jeweler services). b) Restaurants and retail food establishments, including fast-food, sit-down or other similar establishments. In association with such use, the Owner shall be permitted to establish and maintain outdoor seating areas in accordance with any approved Final Plans. c) Professional Service Offices, such as medical offices for licensed doctors or chiropractors, urgent care, dental office, legal office, optometrist/ophthalmologist, accountant, or other similar professional service- based offices (with the determination of what constitutes a similar professional office being made by the City Manager). Notwithstanding the foregoing, no more than 1,000 square feet of the available commercial square footage on the subject site shall be permitted to be utilized for this purpose. 3) Prohibited Uses: None of the following uses shall be allowed in or on the subject site: a) Any use which is not expressly authorized as a Permitted or Special Use. b) Any residential use other than standalone residential apartments as contemplated above (and more specifically, any use which would constitute a “rooming house” or dormitory under applicable City Ordinances, or which contemplates the use of shared bathroom or kitchen facilities, shall be prohibited). c) Community residences. Page 12 of 14 d) Group homes. e) 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 Property). f) Outdoor storage of any form not expressly authorized herein. g) 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. h) Adult oriented uses; adult bookstores or other establishment displaying, leasing, trading, selling pornographic materials or any similar use as defined in the UDO, whether as a principal use or accessory to an allowed principal use (the foregoing not prohibiting a general audiences bookstore with not more than 1% of its merchandise being adult-oriented); i) Animal boarding; j) Fire, bankruptcy sale, wholesale, overstock auction house or their equivalent (except that a Court-Ordered bankruptcy sale of less than thirty days duration shall be permitted); k) Massage parlor or other similar massage establishment; l) "Head shop", marijuana dispensary, hookah bars, or establishments that specialize primarily in the sale of tobacco, tobacco paraphernalia, glass pipes, implements utilized to burn or concentrate a substance for the purpose of permitting the smoke, fumes or vapor therefrom to be inhaled, or drug paraphernalia; m) Cemeteries and mausoleums; n) Funeral homes and mortuaries; o) Automobile, truck, motorcycle, ATV, motor-scooter or motor vehicle/recreational vehicle/implement repair, service, sales, rentals, parts or components sales or installation, or maintenance; p) Contractor offices associated with onsite storage of vehicles, supplies or equipment, building material or equipment sales, building or equipment service or maintenance offices, or the equivalent (except that temporary contractor offices present during construction activities on the Property shall be permitted); q) Warehouses, whether accessory to a retail use, or self-service storage; r) Tattoo parlor, massage parlor, psychic reading / tarot card shop; Page 13 of 14  s) Church or religious uses; t) Gas or fuel station or any form of car wash or auto detailing center; u) A dollar store or a discount department store or wholesale establishment,; v) A second-hand store; w) A cash for gold store; x) A full service, FDIC-insured bank, credit union, retail bank, consumer banking institution or savings and loan. y) Currency exchange, money wiring, check cashing facility or equivalent (as a primary use); z) Auto title loan or post dated check or payday loan facility or equivalent, unless associated with a full-service federally-insured bank, credit union or savings and loan; aa) Pawn shops; bb) Drive-thru facilities. 4). Architectural Elevations: a) The conceptual architectural elevations shown on Exhibit 1 shall be approved. The building shall be designed with “four sided architecture”, meaning that all sides of the building shall feature the same building materials and architectural improvements. 5). Setbacks and Building Lines: Setbacks, building lines, floor area ratios, building dimension limitations, height restrictions and other similar lot/building size/shape restrictions and regulations shall meet those standards as set forth in the UDO except as provided below: a) Article 5.13.06 – Minimum Site Size for a Planned Development The minimum site size for a Planned Development shall be reduced from 2 acres to .41 acres. b) Article 5.09.02 – Residential Density in CBD District The minimum lot area shall be reduced from 1,500 sq. ft. for each dwelling unit to 663 sq. ft. per dwelling unit. c) Article 5.13.07(4) – Maximum Site Coverage The maximum site coverage for the Planned Development shall be increased from 70% to 86% based upon the site meeting the bonus criteria as stated Article 5.13.07(4). Page 14 of 14 EXHIBIT 1  EXHIBIT 1 RESIDENTS ENTRANCE MEDITERRANEAN PATIO MEDITERRANEAN JEWELRY GIFT SHOP FRESH MARKET PRIVATE PRIVATE ENTRY ENTRY EXHIBIT 2  COL L Plaza DeKalb EG E Walking Distance to OAK Parking ST AV ST W LO CU ST ST ST N1 GLIDDEN DeKalb Public Library OA K ST ELLWOOD ST ST RD ND N3 HAISH N2 FRANK VAN BUER PLAZA EL OC PAL US M TS ER T CT Wa lm a rt p ark ing EL INC lo t OL le n NH WY gth (57 5 ft.) ST ST EMBREE S1 VAUGHN ST GURLER TH ST S4 ND S2 ST RD FR AN S3 GR K LI O NS VE T ST Parking Spaces within Walmart Parking Lot Distance Parking Lot Name Spaces Ellwood 60 Embree 75 Frank Van Buer Plaza 51 Glidden 22 Gurler 31 Vaughn 17 On Street 112 Public Parking Lots Total 368 File: \Community Development\Plaza DeKalb Parking.mxd Created: 7/11/2017 DJE 0 50 100 200 300 400 I Feet June 30, 2017 Dear Property Owner: The DeKalb Planning and Zoning Commission will consider a request on a petition by Plaza DeKalb, LLC for a zoning map amendment from the “CBD” Central Business District to the “PD-C” Planned Development Commercial District, including consideration to approve a Planned Development less than two acres and exceeding 70 percent site coverage, and approval of a Concept Plan and other approvals as required to allow for the construction of a new 4-story building, demolition of one building and renovation on two buildings, with commercial uses on the first floor, and no more than 23 apartment units on the upper floors for the property located at 124 N. 2nd St., 203 E. Lincoln Highway, 209 E. Lincoln Highway, 223 E. Lincoln Highway, and 229 E. Lincoln Highway, DeKalb, IL, and generally located at the northeast corner of E. Lincoln Highway and N. Second St. The DeKalb Planning and Zoning Commission will review these requests and hold a public hearing at their regular meeting on Wednesday, July 19, 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, July 12, 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 Interim Principal Planner Enclosures CC: Mayor City Council City Manager Planning and Zoning Commission Applicant  124 N. 2nd St., 203 E. Lincoln Highway, 209 E. Lincoln Highway, 223 E. Lincoln Highway, and 229 E. Lincoln Highway – Rezoning from “CBD” Central Business District to “PD-C” Planned Development – Commercial District Page 2 of 5 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, July 19, 2017, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a petition by Plaza DeKalb, LLC for a zoning map amendment from the “CBD” Central Business District to the “PD-C” Planned Development Commercial District, including consideration to approve a Planned Development less than two acres and exceeding 70 percent site coverage, and approval of a Concept Plan and other approvals as required for the subject property to allow for the construction of a new 4-story building, demolition of one building and renovation on two buildings, with commercial uses on the first floor, and no more than 23 apartment units on the upper floors. The subject property is legally described as: THE SOUTH 133 FEET OF LOT 54 IN THE COUNTY CLERK’S DIVISION OF BLOCK 12 OF THE ORIGINAL TOWN OF DEKALB, EXCEPTING THEREFROM THE EAST 21 FEET; ALSO, THE EAST 4 FEET OF THE NORTH 121 FEET OF THE SOUTH 133 FEET OF THAT PART OF SECOND STREET LYING WEST OF AND ADJOINING SAID LOT 54, (EXCEPTING THEREFROM THE NORTH 8 FEET OF THE SOUTH 133 FEET OF LOT 54, EXCEPT THE EAST 21 FEET THEREOF; ALSO, THE NORTH 8 FEET OF THE EAST 4 FEET OF THE NORTH 121 FEET OF THE SOUTH 133 FEET OF THAT PART OF NORTH SECOND STREET LYING WEST OF AN ADJOINING SAID LOT 54, ALL BEING LOCATED IN THE CITY OF DEKALB, DEKALB COUNTY, ILLINOIS. THE EAST 20 FEET OF LOT 54 (EXCEPT THE SOUTH 12 FEET THEREOF AND EXCEPT THE NORTH 35.12 FEET THEREOF), ALL AS MEASURED PERPENDICULAR TO THE LOT LINE, IN COUNTY CLERK’S SUBDIVISION OF BLOCK 12 IN THE ORIGINAL VILLAGE (NOW CITY) OF DEKALB, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK “C” OF PLATS, PAGE 42, ON SEPTEMBER 15, 1902, SITUATED IN DEKALB COUNTY, ILLINOIS. THE SOUTH 125 FEET OF LOT 56 (EXCEPT THE SOUTHERLY 6 FEET THEREOF), ALL AS MEASURED PERPENDICULAR TO THE LOT LINE, OF THE COUNTY CLERK’S SUBDIVISION OF BLOCK 12 OF THE ORIGINAL TOWN (NOW CITY) OF DEKALB, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK “C” OF PLATS, PAGE 42, ON SEPTEMBER 15, 1902, IN DEKALB COUNTY, ILLINOIS. THE SOUTH 125 FEET OF LOT 55 (EXCEPT THE SOUTHERLY 6 FEET), ALL AS MEASURED PERPENDICULAR TO THE LOT LINE, IN COUNTY CLERK’S SUBDIVISION OF BLOCK 12 OF THE ORIGINAL VILLAGE (NOW CITY) OF DEKALB, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK “C” OF PLATS, PAGE 42, ON SEPTEMBER 15, 1902, IN DEKALB COUNTY, ILLINOIS. The aforementioned legal description is comprised of Parcel Identification Numbers (PINs) 08- 23-159-035, 08-23-159-046, 08-23-159-050, and 08-23-159-051. The subject property is located at 124 N. 2nd St., 203 E. Lincoln Highway, 209 E. Lincoln Highway, 223 E. Lincoln Highway, and 229 E. Lincoln Highway DeKalb, IL, and generally located at the northeast corner of E. Lincoln Highway and N. Second St. Page 4 of 5 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, July 12, 2017. Further information is available from the Community Development Department, (815) 748-2060. Christina Atherton, Chairman DeKalb Planning and Zoning Commission Page 5 of 5