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Planning & Zoning Commission

Regular Meeting

DeKalb, IL · January 3, 2022

AgendaMinutes

Minutes

Planning and Zoning Commission January 3, 2022 Page 1 of 5 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION January 3, 2022 The Planning and Zoning Commission held a meeting on January 3, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Maxwell called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Trixy O’Flaherty, Shannon Stoker, Jerry Wright, and Chair Max Maxwell. Steve Becker, Bill McMahon, and Maria Pena- Graham were absent. Planning Director Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the January 3, 2022, agenda as presented. Mr. Wright motioned to approve the agenda as presented. Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. December 20, 2021 – Chair Maxwell requested a motion to approve the December 20, 2021, minutes as presented. Ms. Stoker motioned to approve the minutes as presented. Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Public Hearing – A petition by Equity Trust Company Custodian, FBO Mary Zvirzdin IRA, represented by Betty Shattuck for approval of the rezoning of 1421 E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2” Single-Family Residential District. Betty Shattuck appeared and spoke on behalf the of the applicant, Mary Zvirzdin, who is selling the property located at 1421 E. Lincoln Highway. Ms. Shattuck provided background and the obstacles that led to the applicant filing the petition. Planning and Zoning Commission January 3, 2022 Page 2 of 5 Ms. Shattuck spoke on how she listed this property at the beginning of October 2021. She indicated she found a buyer, Virginia Snyder and family, and went under contract quickly with an appraisal being conducted around October 25, 2021. Ms. Shattuck continued saying she received word on November 1, 2021, the appraisal could not be completed due to the property being zoned “LC” Light Commercial District. She noted the lender could not provide a mortgage for the property due to the “LC” zoning. Betty Shattuck added the Snyder family and their real estate agent started working with a different lender who thought they could process a loan with the current zoning of “LC” Light Commercial. She mentioned the second appraisal was conducted around November 15, 2021. Ms. Shattuck said the appraiser advised it could not appraise as residential which led to the second lender not wanting to offer a loan. She stated she was told to have the property rezoned to Single-Family Residential in order for a loan to be obtained. Ms. Shattuck discussed the questions that were addressed on the special use application. She stated there is a strip of properties on the north side of East Lincoln Highway that are a part of the 2005 East Lincoln Highway Corridor Plan. She explained there would be no effect on the commercial and industrial properties on the south side of E. Lincoln Highway. Ms. Shattuck went on to discuss the impact on fourteen properties located on the north side of E. Lincoln Highway that are zoned “LC” Light Commercial District, most being used for residential purposes. She stressed the request for rezoning only applies for the property at 1421 E. Lincoln Highway and will not affect the fourteen properties previously discussed. Ms. Shattuck addressed the fact commercial construction has not developed along the north side of E. Lincoln Highway and with a high demand for residential properties it makes sense to rezone the site to single-family residential. She discussed the property value would increase due to the high demand for residential properties. Ms. Shattuck talked about traffic with the proposed zoning change, stating it would continue to provide light residential traffic. Ms. Shattuck stressed the values of the properties currently zoned as Light Commercial could be diminished if they cannot sell due to the current zoning. She added the properties would have to be sold only as Light Commercial which would mean the properties could sell for less. Dan Olson, Planning Director, went through the staff report dated December 30, 2021. He noted the proposed rezoning was requested by the purchaser’s lender so the zoning of the property would match the existing use on the property. Mr. Olson reported for legal non-conforming uses, lenders want the Planning and Zoning Commission January 3, 2022 Page 3 of 5 zoning to match the use. He added this is because the non-conforming standards require reconstruction per the underlying zoning if the building is ever destroyed or damaged over 50% of its value. Mr. Olson mentioned commercial construction on the lot would be difficult due to the small size and limited parking availability. He also noted the setback, stormwater, and landscaping requirements would be difficult to meet. He discussed this area has been zoned “LC” Light Commercial District since the 1970’s although commercial uses have not occurred. Mr. Olson advised when a rezoning is requested the City looks at the 2005 Comprehensive Plan which reflects commercial for the subject property. He also noted the 2005 East Lincoln Highway Corridor Plan shows Mixed Residential for the subject lot and surrounding area north of E. Lincoln Highway. Mr. Olson reiterated the request is for a single site and will not affect adjacent properties. He said those properties can have commercial uses with the “LC” Light Commercial zoning as long as all standards are met. Mr. Olson added the rezoning for the subject property would not cause any visible changes to the area. Mr. Olson reported the City received public input from four nearby property owners. He said the first was from Tony and Rebecca Petersen of 1415 E. Lincoln Highway who indicated they do not support the request. Mr. Olson mentioned they were concerned if the rezoning was approved it would hinder their ability to have commercial uses on their property. Mr. Olson said he spoke to Ms. Petersen and explained their site would not be affected by this proposed rezoning. Mr. Olson read a second citizen response form from Ron Clarner of 1409 E. Lincoln Highway who also did not support the proposed rezoning. He said Mr. Clarner questioned what the rezoning would do to his taxes and insurance. Mr. Olson advised he spoke with Mr. Clarner and informed him it would not affect his zoning, insurance, or property taxes. Mr. Olson stated Mr. Clarner then indicated he did not have an issue with the proposal. Mr. Olson acknowledged two letters of support were received from Stephen Chaney of 118 Holly St. and Proven Winners Realty of 1600 E. Lincoln Highway. Mr. Olson advised City staff recommends approval of the rezoning from “LC” Light Commercial to “SFR2” Single-Family Residential for the subject site. Chair Maxwell asked if there were any questions from the Commission. Planning and Zoning Commission January 3, 2022 Page 4 of 5 Mr. Wright inquired on the difference in appraisal value between light commercial and residential properties. Betty Shattuck replied the difference is approximately 10% less than the listed price of $85,000.00. She added if the property had to go back on the market as light commercial, it would be a tremendous struggle to sell the property. Chair Maxwell asked Dan Olson if the last transaction on this property was in the 1970’s. Dan Olson responded the current owner purchased the property in 2015. Kathy Hammes, of Coldwell Banker Real Estate said she represents the potential buyers. She reiterated on the discouraging process of trying to obtain a loan for the sale of this house and being zoned “LC” Light Commercial. Ms. Hammes added this property has always been used as a home and not for commercial purposes. Ms. Stoker asked if this property has always been zoned “LC” Light Commercial or did it change in 2005. Mr. Olson replied it has been zoned “LC” Light Commercial since at least 1979. Ms. Stoker questioned the plan dated 2005 in her agenda packet. Mr. Olson informed Ms. Stoker it’s the East Lincoln Highway Corridor Plan from 2005. Ms. Stoker inquired about property sales in the area and if the City has ever had this brought to their attention. Mr. Olson said the City is not made aware of real estate transactions. Chair Maxwell asked if the map provided in the agenda packet was from the last Comprehensive Plan. Mr. Olson responded yes it was from the 2005 Plan. Chair Maxwell gave the public an opportunity to speak. Joseph Holm of 1427 E. Lincoln Highway voiced his concern about the current snow removal procedures and if the proposed rezoning would alter the snow removal on the sidewalk in front of his home. Mr. Olson said the snow removal procedures would not change as a result of the rezoning. Ms. O’Flaherty moved that based on the submitted petition, testimony presented, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning of subject site at 1421 E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2” Single-Family Residential District. Mr. Wright seconded the motion. Planning and Zoning Commission January 3, 2022 Page 5 of 5 A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker – Yes, Mr. Wright – Yes, Chair Maxwell – Yes Mr. Becker, Ms. Pena-Graham, and Mr. McMahon were absent. Motion Passed 4-0-3. F. REPORTS Mr. Olson announced the next meeting is scheduled for Tuesday, January 18, 2022, due to the MLK holiday falling on Monday, January 17, 2022. He added there is one hearing scheduled for Pappas Development requesting approval of an executive suites building along Barber Greene Road at County Farm Road. G. ADJOURNMENT Mr. Wright motioned to adjourn, Ms. Stoker seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:27 PM. Minutes prepared by: Stephanie Turner Approved: 1/18/2022

Agenda

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, January 3, 2022 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, IL 60115 COVID-19 Notice: The Planning and Zoning Commission of the City of DeKalb intend to conduct this meeting in-person with a physically present quorum that is open to the public and in compliance with all applicable public health requirements. Pursuant to Governor Pritzker’s Executive Orders 21-22 and 21-30, all persons attending this meeting who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to wear protective face masks/coverings A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. December 20, 2021 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing - A petition by Equity Trust Company Custodian, FBO Mary Zvirzdin IRA, represented by Betty Shattuck for approval of the rezoning of 1421 E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2” Single-Family Residential District. F. REPORTS G. ADJOURNMENT Planning and Zoning Commission December 20, 2021 Page 1 of 8 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION December 20, 2021 The Planning and Zoning Commission held a meeting on December 20, 2021, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Vice Chair McMahon called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Steve Becker, Trixy O’Flaherty, Maria Pena- Graham, Shannon Stoker, and Vice Chair Bill McMahon. Jerry Wright, and Chair Max Maxwell were absent. Principal Planner Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair McMahon requested a motion to approve the December 20, 2021, agenda as presented. Ms. O’Flaherty motioned to approve the agenda as presented. Ms. Stoker seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. November 15, 2021 – Vice Chair McMahon requested a motion to approve the November 15, 2021, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Ms. Pena-Graham seconded the motion, and the motion was approved by unanimous voice vote. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Public Hearing – A petition by the City of DeKalb for text amendments to the UDO to add “self-service storage facility, exterior unit access” as a special use in the “LC” Light Commercial District and “GC” General Commercial District and to change “self-service storage facility, exterior unit access” from a special use to a permitted use in the “LI” Light Industrial District and the “HI” Heavy Industrial District. Planning and Zoning Commission December 20, 2021 Page 2 of 8 Dan Olson, Principal Planner, went through the staff report dated December 16, 2021 and stated the City initiated the text amendments regarding self- service storage facilities with exterior unit access. Mr. Olson spoke on self- service storage facilities being broken down between exterior unit access and interior unit access. He went on to explain exterior unit access is self-storage with outdoor rolling doors going into a unit. Mr. Olson continued discussion on the proposed amendments in relation to the Light Commercial District “LC” and General Commercial District “GC”. He stated there would be a hearing after this one regarding a special use request for a self-storage facility, which prompted the text amendment petition. He said an applicant wants to put up a self-service storage facility with exterior unit access in a “GC”, General Commercial District which currently doesn’t allow them as a permitted or conditional use. He stated the proposal is to add this use as a special use to the “LC”, Light Commercial District and the “GC”, General Commercial District. He added the text amendment would need to be approved before the request in the second hearing can proceed. Mr. Olson provided background on an amendment to the Unified Development Ordinance “UDO” in 2018 regarding self-storage facilities. He mentioned there was a previous desire for a business owner to build an indoor, climate control facility, which was never constructed. He added the amendment approved definitions for a separate interior unit access and exterior unit access facility. Mr. Olson stated interior unit access facilities were added as a special use in Light Commercial District and General Commercial District and exterior unit access facilities were added as a special use in the “LI”, Light Industrial District and “HI”, Heavy Industrial District. Mr. Olson noted that prior to the 2018 amendments self-service storage facilities were not separated by interior and exterior unit access and were only allowed as special use in Light Industrial and Heavy Industrial Districts. Mr. Olson mentioned the 2018 amendments also included standards to make sure indoor and outdoor self-service storage facilities reviewed under a special use permit were located in appropriate areas, protected prime retail space and were compatible with the surrounding neighborhood. Mr. Olson stated the specific amendments include amending the Light Commercial District and General Commercial District to add “self-service storage facility, exterior unit access” as a special use. Mr. Olson spoke on how Planning and Zoning Commission December 20, 2021 Page 3 of 8 this use is very similar to the other special uses in the Light Commercial and General Commercial Districts. He also noted the special use procedure dictates a hearing to allow the Commission to review and ensure all standards are being met. Mr. Olson added the amendments also change exterior unit access to a permitted use in both the Heavy Industrial and Light Industrial Districts. Dan Olson, Principal Planner, advised the City recommends approval of the proposed text amendments. Vice Chair McMahon gave the public an opportunity to speak. No one spoke from the public. Vice Chair McMahon gave the Commission an opportunity to speak. Mr. Becker stated it seems sensible to separate the exterior and interior units and making the exterior units special uses in the LC and GC Districts. He stated he likes how it is broken down. Ms. O’Flaherty said she liked that anytime this use is proposed it must come before the Commission for approval. She added the best way to address these types of facilities is on a case-by-case basis. Ms. Stoker moved that the Planning and Zoning Commission recommend approval of text amendments to the Unified Development Ordinance regarding self-service storage facilities, exterior unit access, as indicated in Exhibit A of the staff report. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena- Graham – Yes, Ms. Stoker – Yes, Vice Chair McMahon – Yes, Chair Maxwell, and Mr. Wright were absent. Motion Passed 5-0-2. 2. Public Hearing – A petition by Haywell, LLC represented by Tim Hayden requesting approval of a special use permit for a “self-storage facility, exterior unit access” located at 118 Clive Drive. Tim Hayden, applicant, addressed the Commission about a storage facility his company built in 2018 behind Hy-Vee in Sycamore consisting of 130 units in various sizes. Mr. Hayden stated he is looking to expand with smaller unit sizes on the subject site. He added they have renovated larger units to become Planning and Zoning Commission December 20, 2021 Page 4 of 8 smaller units, which are in high demand. Mr. Hayden mentioned his company has other facilities in Rochelle, Kirkland, and Byron which all are occupied at a rate of 97% or higher. Mr. Hayden discussed the evolution of the storage facilities that his company has built referencing the buildings themselves and security measures, including monitors and security gates. Tim stated in a three-to-four-year period, there have been no break-ins at their locations. He added the proposed location adds a natural level of security due to the high visibility. Tim Hayden explained the building layout plan consisting of three buildings, with the east building being one-sided consisting of larger units. He added the other two buildings will be heavily focused on the smaller unit sizes, including 5’ x 10’ units which they currently do not have. Mr. Hayden talked about managing his facilities and stated the average occupied time across five hundred units is approximately three years which limits traffic and move-outs. He added having security cameras, holding thirty days of recording, helps keep the appearance of his facilities in good shape. Mr. Hayden went on to discuss his conversations with the City in regard to landscaping, which focused on the southside of the facility. He stated with a good amount of landscaping and with a decent building using earth tone colors, it should blend in nicely with the area. Mr. Hayden spoke on the high occupancy levels and strong demand for these units especially around this time of year. He noted individuals rent out storage units to store their outdoor items and find convenience of the units for their excess items from home. He added there are a small number of delinquencies and they have only had about three auctions in a ten-year span. Dan Olson, Principal Planner, went through the staff report dated December 16, 2021. He explained the proposed location is west of Casey’s and is part of a three-lot subdivision. Mr. Olson stated the north lot is zoned Heavy Industrial “HI” and the two front lots are zoned General Commercial “CG” and have been vacant for quite some time. Mr. Olson referenced the text amendments that were just discussed noting that self-storage facility with exterior unit access were added as a special use in the GC District. He discussed the site plan for the proposed location which provides the appropriate setbacks per the GC District regulations. Mr. Olson went on to discuss the plan for the site and stated there will be one access point with a security gate off Clive Drive. He advised the gate will be Planning and Zoning Commission December 20, 2021 Page 5 of 8 closed from 10:00 p.m. to 6:00 a.m. He stated there will be no water or sanitary service to this site and that storm water is provided in a detention pond on east side of the property. Mr. Olson mentioned this facility will have no parking spaces so customers will have to park in front of their unit. He said there will be no employees on site, but there will be a small office for employees who must come to the location to show prospective renter’s the units. He continued by describing the six-foot-high fence shown on the plan being revised to a four- foot-high ornamental fence to meet the standards of the UDO. Mr. Olson mentioned he is working with the applicant’s engineering consultant on the pavement layout regarding the turning radius and access for the Fire Department. Mr. Olson also noted he spoke with the City Engineer about possibly having to widen the entrance by a couple of feet, which there is plenty of room to do. He stated there is a condition with the recommendation to have the Fire Department and City Engineer approve the plan prior to any building permits being issued. Mr. Olson continued the discussion about the landscaping plan that was submitted with a variety of landscaping being proposed along Clive Drive and East Lincoln Highway. He stated the trees that are currently along E. Lincoln Highway will be removed and replaced with a variety of different types of trees and shrubs. He advised the plan for the landscaping meets the standards of the UDO. Mr. Olson reiterated the applicant’s statement of a high demand for self-storage units, especially the smaller units that are being proposed at this location. He provided information from the applicant showing that not many occupancies are currently available at three other facilities in the area. Mr. Olson added there are provisions in Article 7 of the UDO regarding these facilities including access, traffic circulation, lighting, which a plan was provided, and no outside storage being allowed. He said there will be security cameras present and there is no parking demand for this use. He stated the proposed site meets all the special use standards and complies with the UDO. Mr. Olson discussed the public input he received on the petition including the correspondence from Tom Weaver. He noted there was a letter and e-mail to some of the Commission members from Mr. Weaver. Mr. Olson stated Mr. Weaver’s letter stated he did not think this type of use was appropriate for this site being a gateway into the City. Mr. Olson advised City Staff recommends approval of the Special Use Permit. Planning and Zoning Commission December 20, 2021 Page 6 of 8 Vice Chair McMahon gave the public an opportunity to speak. No one spoke from the public. Vice Chair McMahon gave the Commission an opportunity to speak. Mr. Becker voiced a concern about a site sign and stated he liked the entrance off Clive Drive and not E. Lincoln Highway. He asked if the applicant intended to have a sign and if so, what would the location be. Tim Hayden stated he liked the access location being off the north end of Clive Drive so a truck and a trailer could easily stage. He stated they did not discuss signage at this point but would like to have a sign on E. Lincoln Highway. Mr. Becker stated that is not what he would like to see especially with the letter of disapproval that was received. Mr. Becker asked the applicant if it would cause a problem to require the signage to be placed on Clive Drive. Mr. Hayden stated the answer to that question is probably no. Mr. Hayden stated the signage is the element of direction for individuals coming to the location. He stated if possible, he would like to see the sign parallel to E. Lincoln Highway. Mr. Becker wanted to verify the proposed sign would be placed on southwest corner of the property running parallel with E. Lincoln Highway. Mr. Hayden stated if it were parallel to E. Lincoln Highway it would make it easier for people to find the location. Mr. Olson stated there is a sign for Minify Self- Storage on E. Lincoln Highway and is a part of the Casey signage that is perpendicular to Lincoln Highway. He stated it is important for identification for customers. Ms. Pena-Graham added the applicant’s other locations are in industrial areas and not located on a main highway and people do not have trouble finding those locations. She stated locations are now found via GPS. Mr. Hayden added when someone contacts his business they are talking to a manager, not a call center, so they can be provided directions. Ms. Pena-Graham asked if there would be a street sign at Clive Drive. Mr. Olson replied he thinks the sign is there now. Mr. Olson advised the Commission they can restrict the size of the sign. Mr. Hayden added the proposed landscaping will help the sign blend in. He added they do not put up elaborate signs, just a sign for directional use. Planning and Zoning Commission December 20, 2021 Page 7 of 8 Mr. Becker stated that older storage facilities from twenty to forty years ago were eyesores and the newer facilities seem to have consideration for their surrounding area. Tim Hayden talked about the fact there is more confidence in a well-kept facility with security measures in place. Ms. O’Flaherty said Mr. Becker spoke on her concerns and added that normally she would not be excited about a storage facility on E. Lincoln Highway, however it’s not out of place with the surrounding area. Mr. Becker stated if done properly it should blend perfectly with the corridor and he wants to enhance the area. Mr. Hayden stated their intention is not to build and sell, they intend to own for the long-term. Mr. McMahon asked about the landscaping plan being different from their location in Sycamore. Mr. Hayden stated that location conformed to Sycamore’s Code. Ms. Pena-Graham spoke on being concerned at first but would rather have a vacant lot be put to good use. She added the tax implications will help the community as well. Ms. Stoker added their storage buildings look better than the asphalt lot currently located on Lot 3 to the north. Mr. Becker moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission recommend to the City Council approval of a special use permit for a “self-service storage facility, exterior unit access” for the subject property at 118 Clive Drive per the plans as indicated on Exhibit A and subject to the comments in Exhibit B with the condition no outdoor storage be allowed on the subject’s site. Ms. Stoker seconded the motion. A roll call vote was taken. Mr. Becker – Yes Ms. O’Flaherty – Yes, Ms. Pena- Graham – Yes, Ms. Stoker – Yes Vice Chair McMahon – Yes Chair Maxwell, and Mr. Wright were absent. Motion Passed 5-0-2. F. REPORTS Planning and Zoning Commission December 20, 2021 Page 8 of 8 Mr. Olson informed the next meeting is January 3 and a rezoning hearing is scheduled. Mr. Olson asked the Commission to let the Recording Secretary Stephanie Turner or him know if they cannot make the meeting. The next meeting after January 3 is scheduled for January 18, which is a Tuesday due to the MLK Holiday. He noted there is nothing scheduled yet but there may be a hearing. Mr. Olson told the Commission an updated list of Commission members was handed out along with the 2022 Schedule of Meetings. Mr. Olson stated the Commission will be more involved in the update of the 2005 Comprehensive Plan in January and February. He noted with the budget being completed, City Manager Nicklas should be available to assist on the Plan update. G. ADJOURNMENT Ms. O’Flaherty motioned to adjourn, Ms. Pena-Graham seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:49 PM. STAFF REPORT December 30, 2021 TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: 1421 E. Lincoln Highway – Rezoning from the “LC” Light Commercial District to the “SFR2” Single-Family Residential District I. GENERAL INFORMATION A. Purpose Removal of a legal non-conforming use. Allow for the reconstruction of the home if destroyed beyond 50% of its value. B. Owner/Applicant Equity Trust Company Custodian, FBO Mary Zvirzdin IRA, represented by Betty Shattuck C. Location and Size 1421 E. Lincoln Hwy./.11 acres D. Existing Zoning and Land Use “LC” Light Commercial District; Single- Family Detached Home E. Surrounding Zoning and Land Use North: LC and SFR2; Single-Family Residential South: LC and LI; Commercial, Single- Family Home East: LC; Single-Family Residential and Commercial West: LC, Single-Family Residential F. Comprehensive Plan Designation 2005 Plan - Commercial 2005 E. Lincoln Hwy. Corridor Plan – Mixed Residential II. BACKGROUND AND ANALYSIS Request/Background The City has received a petition from Equity Trust Company Custodian, FBO Mary Zvirzdin IRA, represented by Betty Shattuck to rezone 1421 E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2” Single-Family Residential District. The house on the property is for sale and the intent of the applicant is to get the zoning changed to “SFR2”. The applicant notes it has been difficult to sell the home zoned as “LC”. The property was purchased by the current owner in 2015 and has been used as a single- family home since that time. The applicant notes the property owner was not aware of the “LC” zoning when they purchased it. The owner put the property up for sale on Oct 4, 2021 and the seller entered into a contract with an interested buyer on October 9. The buyer’s lender is requesting the zoning of the property match the existing use on the property. The applicant states in order to complete the sale with a mortgage, the property must be zoned “SFR2”. The property is legal non-conforming, and the regulations of the UDO do allow the home to be sold without bringing it into compliance. The non-conforming regulations do require, however, that if the property is damaged to an extent more than 50% of its replacement cost, it can only be reconstructed per the underlying zoning district (“LC”, Light Commercial). A single-family detached home is not a permitted use in the “LC” District. There are several other homes along the north side of E. Lincoln Highway between Dodge Ave. and Home Dr. zoned “LC”. The “LC” zoning classification in this area has been in place for several decades, however commercial development has not followed. The owner is trying to sell the home, but the buyer’s lender is requiring rezoning to “SFR2” in order to complete the sale. They want assurances that if the home is destroyed, it can be re-built. If the home was destroyed or demolished, constructing a commercial building on the site and meeting all the setback and parking requirements of the “LC” District would be very difficult. The lot is only 4,972 sq. ft. and is not conducive to “LC” zoning. “SFR2” zoning is the most appropriate classification for the property. III. 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 uses. The Page 2 of 4 East Lincoln Highway Corridor Plan from 2005 recommends “Mixed Residential” for the subject site as well as the area along the north side of E. Lincoln Highway, between Elm St. and Cotton Ave. The 2005 East Lincoln Highway Corridor Plan recommended a fairly ambitious rehabilitation plan for the area (Dodge Addition) to contain a mix of affordable and market rate units including single-family detached and walk up apartment units. The “LC” zoning classification in this area has been in place for several decades, however commercial development has not followed. Rezoning the subject site from the “LC” District to the “SFR2” District would assist in bringing the property into compliance with the Corridor Plan. If the home was destroyed or demolished, constructing a commercial building on the site and meeting all the setback and parking requirements of the “LC” District would be very difficult. The lot is only 4,972 sq. ft. and is not conducive to “LC” zoning. The current site would not have enough area for parking and would require the removal of the existing garage. “SFR2” zoning is the most appropriate classification for the property. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The rezoning of the subject property to the “SFR2” District would allow it to be compatible with the existing use on the site, which is a single-family detached home. The single- family home on the subject site would conform more to the regulations of the “SFR2” District than the “LC” District. 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 will not have a detrimental effect on the adjacent properties or land uses as it entitles the subject property to a use that is compatible with the adjacent area. The existing zoning of the adjacent homes along E. Lincoln Highway would not be negatively affected by this rezoning request. In addition, there would be no impact to the commercial uses along the south side of the highway. Rezoning the subject site to the “SFR2” District will help increase property values. The existing “LC” zoning along the north side of E. Lincoln Highway is driving down property values and eliminating the ability to finance the homes with a residential mortgage. 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 “LC” Light Commercial District. Rezoning the property to “SFR2” will allow the single-family home on the site to be compatible with the underlying zoning district. 5. Adequate public facilities and services exist or can be provided. Page 3 of 4 Adequate public services and utilities are already provided to the subject property. IV. PUBLIC INPUT The City has received four correspondence from nearby property owners. • Tony and Rebecca Petersen – 1415 E. Lincoln Highway – Does not support proposal. They are concerned that if the rezoning is approved, it would hinder their opportunity to have a business on their property. Staff called the residence and advised Ms. Petersen the background of the request and the zoning on their site would not be affected. • Ron Clarner – 1409 E. Lincoln Highway – Does not support proposal. Staff called Mr. Clarner to explain the request and that it will not affect the zoning on his property or his taxes. Once he understood the request, he indicated he has “no issue” with the proposal. • Stephen Chaney – 118 Holly St. – Supports the proposal. • Proven Winners Realty Holding – 1660 E. Lincoln Highway – Supports the proposal. V. CONCLUSIONS AND RECOMMENDATION The proposed rezoning request will allow the existing use on the site to be in conformance with the UDO. The subject lot is only 4,972 sq. ft. and is not conducive to “LC” zoning. “SFR2” zoning is the most appropriate classification for the property. The staff’s recommendation is to approve, and a sample motion has been prepared. Sample Motion: Based upon the submitted petition and testimony presented, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning of subject site at 1421 E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2” Single-Family Residential District. Page 4 of 4 DocuSign Envelope ID: 288F41FB-EDBA-41A2-BF13-2CBB824D744A REZONING PETITION TO: City Council, City Clerk, and Mayor of the City of DeKalb, Illinois FROM: Petitioner Name(s): Mary Zvirzdin Phone: 847-791-1341 Petitioner’s Representative: Betty Shattuck Email: bshattuck@starckre.com Mailing Address: 330 W Virginia St., Crystal Lake, IL 60014 Property Owner: Equity Trust Company Custodian FBO Mary Zvirzdin IRA Phone: 772-209-1919 Mailing Address: Email: maryzrealtor@gmail.com 3181 SW Armucher St., Port St Lucie, FL 34953. 1. The petitioner hereby petitions the City of DeKalb to rezone the following property: A. Legal Description and Parcel Number(s) – If necessary, attach the full legal description on a separate piece of paper: PIN = 08 23 429 016 Legal Description: MARTIN DODGE ADDITION - S 85FT OF LOT 4 BLOCK 3 B. Street Address or Common Location: 1421 E Lincoln Hwy., DeKalb IL 60015 C. Size of Property (square feet or acres): .117 acres D. Existing Zoning: LC Light Commercial District E. Proposed Zoning: SFR2 Single-Family Residential District F. Reason for request: On a separate document, 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. Updated: 9/2019 DocuSign Envelope ID: 288F41FB-EDBA-41A2-BF13-2CBB824D744A REZONING PETITION Page 2 of 2 2. The petitioner hereby submits the following information: Vicinity map of the area proposed for the rezoning All files (e.g. site plans, building elevations, legal description, reasons for request) shall be provided electronically on a CD, DVD or flash device that will become part of the application file. Petition fee ($500.00). 3. The petitioner hereby states that a pre-application conference ✔ was* was not held with City staff prior to the submittal of this petition. *Date of pre-application conference: December 2, 2021 Those in attendance: Dan Olson and Betty Shattuck (Note to Petitioner: A pre-application conference with staff is highly encouraged to avoid delays and help in the timely processing of this petition.) 4. The petitioner hereby agrees that this petition will be placed on the Planning Zoning 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 information and affirms that it is true and correct. 12/8/2021 Petitioner Signature Date 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 they are the owner). 12/9/2021 Property Owner Signature Date Updated: 9/2019 Dec 9, 2021 Dekalb Planning & Zoning Rezoning Petition for 1421 E Lincoln Highway Reason for Request (F.) “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.” Reasons for Request The main reason for the request to SFR zoning is due to the difficulty in selling the property with the current LC zoning. Background History: The property was purchased by the current owner in 2015 and used for residential purposes. This owner was not aware of the LC zoning. The owner put the property up for sale on Oct 4, 2021. The seller entered into a contract with the buyer, Regina Synder on Oct 9. Ms. Synder proceeded to apply for a mortgage and the appraisal was scheduled for Oct. 25. On Nov. 1 we learned there was a zoning problem, the lender could not proceed with a residential mortgage on the LC zoning, ending the financing for the mortgage. As a result, the buyer looked for other financing and found a second lender who thought they could finance the property. The second appraisal on Nov. 15, stipulated that the property had to be appraised as commercial due to the zoning and that the investors backing the loan would not proceed with the mortgage request. The conclusion is that the property must be zoned SFR to complete the sale with a mortgage. A) Would the proposed zoning be within the City’s Comprehensive Plan? The East Lincoln Highway Corridor Plan approved in March 2005 recommends Mixed Residential, which includes single-family detached units, for the area along the north side of E. Lincoln Hwy. between Elm St. and Cotton Ave. Rezoning the subject site from LC to SFR2 would assist in bringing the property into compliance with the Plan. B) How may the proposed rezoning impact adjacent existing and future land uses? The nearby commercial and industrial properties, mainly across the street and on the south side of Lincoln Hwy, would be very minimally impacted, if at all. The neighboring 14 focus properties (see spreadsheet) would also see little effect. The 116+ owners of residential homes in the neighborhood to the north of the subject property would probably applaud the zoning change as it would buffer and protect their own residential interests. In my opinion, these modest mixed use homes on the north side of Lincoln Hwy, that are zoned LC, or even as a potential SFR, would do little to impact future land uses. C) How may the proposed zoning impact adjacent property values? The proposed zoning will increase property values in this area. Currently, market values for LC uses are down. No secret here is that residential market values, due to lack of enough available housing, have been increasing steadily year over year. The current LC zoning is driving residential values down on the northside of Lincoln Hwy., by eliminating the ability to finance these homes with a residential mortgage. D) How may the proposed zoning change impact the general public’s health, safety and welfare? The zoning change would continue the light traffic and parking at the front of the house by residents. The subject property does not lend itself well to a light commercial use. LC traffic and parking would be a major unsafe condition. The home is situated at the front of the lot with no access to the back. A safe parking and turnaround area would be difficult to impossible to accomplish. Neighboring residences would be negatively impacted by added in and out traffic of LC that could be squeezed into the shallow front yard. Traffic on Lincoln Hwy. is already negatively impacted by light commercial use traffic. Beyond traffic, and more importantly, the health and welfare of all the light commercial zoned homes are being diminished as the financial welfare of the owners is being eroded. If financing options were available, in this area of modest homes and many seniors, these homes would increase in value and allow for safer living conditions that currently don’t exist with the LC zoning. ZONING MAP ADDRESS Block ZONING - USE Recent Purchases Information 1 1305 E LINCOLN HWY Dodge to Elm LC - Residential/Commercial Homeowner & Senior Exemption 2 1309 E LINCOLN HWY Dodge to Elm LC - Residential 9/21 Refy Quicken Homeowner Exemption 3 1315 E LINCOLN HWY Dodge to Elm LC - Residential 1/17 Cash 4 1323 E LINCOLN HWY Dodge to Elm LC - Residential Homeowner & Senior Exemption 5 1335 E LINCOLN HWY Dodge to Elm LC - Residential 2/21 Lease/Option to Buy Homeowner Exemption 1330 E LINCOLN HWY INDUSTRIAL 1334 E LINCOLN HWY COMMERCIAL 1336 E LINCOLN HWY COMMERCIAL 1400 E LINCOLN HWY COMMERCIAL 1402 E LINCOLN HWY COMMERCIAL 6 1403 E LINCOLN HWY Elm to Holly LC - Residential 2 Unit Rental 7 1409 E LINCOLN HWY Elm to Holly LC - Residential/Commercial Garage Business 8 1415 E LINCOLN HWY Elm to Holly LC - Residential Homeowner & Senior Exemption 1420 E LINCOLN HWY COMMERCIAL 9 1421 E LINCOLN HWY*** Elm to Holly LC - Residential 1422 E LINCOLN HWY COMMERCIAL 10 1427 E LINCOLN HWY Elm to Holly LC - Residential Homeowner & Senior Exemption 1430 E LINCOLN HWY LC - Residential 9/21 HELOC 1st Midwest Duplex Rental 11 1503 E LINCOLN HWY Holly to 1/2 way to Home COMMERCIAL 12 1509 E LINCOLN HWY Holly to 1/2 way to Home LC - Residential Rental? 13 1519 E LINCOLN HWY Holly to 1/2 way to Home LC - Residential Rental? 14 1529 E LINCOLN HWY Holly to 1/2 way to Home LC - Residential Rental? 1701 E LINCOLN HWY LC - Commercial Elder Care Services 1731 E LINCOLN HWY LC - Residential Homeowner & Senior Exemption 1805 E LINCOLN HWY LC - Commercial 1811 E LINCOLN HWY LC - Residential Homeowner Exemption subject*** 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 Monday, January 3, 2022, at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by Equity Trust Company Custodian, FBO Mary Zvirzdin IRA, represented by Betty Shattuck for approval of the rezoning of 1421 E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2” Single-Family Residential District. The subject site is .11 acres, has a Parcel Identification Number of 08-23-429-016 and is commonly known as 1421 E. Lincoln Highway, DeKalb, IL. 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 the proposal to the City of DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115 by 12:00 p.m. on Monday, January 3, 2022, or by e-mail to dan.olson@cityofdekalb.com. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission