Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA Tuesday, June 21, 2022 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, IL 60115 A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. June 6, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by J&S Recovery and Towing for a special use permit for a vehicle tow facility and storage yard and a variance to permit an 8-foot-high fence to serve as screening for a portion of the storage yard in lieu of the required 10-foot-high fence for the property located at 407 Industrial Drive. F. REPORTS G. ADJOURNMENT COVID-19 Notice: The corporate authorities 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Planning and Zoning Commission June 6, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION June 6, 2022 The Planning and Zoning Commission held a meeting on June 6, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Planning Director Olson called the meeting to order at 6:00 PM. Planning Director Olson started the meeting off requesting a nomination and motion to appoint an Interim Chair for the meeting due to Chair Maxwell and Vice Chair McMahon being absent. Mr. Becker nominated Trixy O’Flaherty as interim Chair, seconded by Ms. Stoker. There were no other nominations. A roll call vote was taken. Mr. Becker – Yes, Ms. Pena-Graham – Yes, Ms. Stoker – Yes, Ms. O’Flaherty – Yes. Mr. McMahon, Mr. Wright, and Chair Maxwell were absent. Motion passed 4-0-3. A. ROLL CALL Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Steve Becker, Maria Pena-Graham, Shannon Stoker, and Interim Chair O’Flaherty. Jerry Wright, Bill McMahon, and Chair Max Maxwell were absent. Planning Director Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair O’Flaherty requested a motion to approve the June 6, 2022, agenda as presented. Mr. Becker motioned to approve the agenda as presented. Ms. Pena-Graham seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. May 16, 2022 –Chair O’Flaherty requested a motion to approve the May 16, 2022, minutes as presented. Ms. Stoker motioned to approve the minutes as presented. Mr. Becker 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 NuMed Partners, LLC for approval of an amendment to Ordinance 2021-015 to extend the time limit to July 1, 2023, to obtain a State issued cannabis dispensary license for the property located at 818 W. Lincoln Highway. Planning and Zoning Commission June 6, 2022 Page 2 of 4 Jim Hughes, with Next Generation Development, explained there is a lawsuit pending on the State level due to the lottery pick method for cannabis dispensaries, in which the first 180 licenses were issued two years ago. Mr. Hughes stated the lawsuit is in front of four judges, with one recently allowing the State to issue those 180 licenses. Mr. Hughes group received two of those licenses, one in the Chicago district and one in Danville. He discussed how his group could pair up with another cannabis dispensary company that has won a license and place one at the subject site. Mr. Hughes said he is very positive about the proposed location in DeKalb, and they are just waiting on the State to go forward with the issuance of additional dispensary licenses. Dan Olson, Planning Director, said the original request for the cannabis dispensary license at the subject site was granted in 2020 and had to be extended last year due to COVID and associated delays. He continued by explaining the request for another extension is due to the lawsuits on the State level. Mr. Olson added a one-year extension should allow enough time to re-start the process and hopefully have the State issue a license to the applicant. Planning Director Olson informed the Commission he did not receive any written public comments on this matter. Mr. Olson stated the City recommends approval of the extension. Chair O’Flaherty asked if there were any comments or questions from the public, in which there were none. Chair O’Flaherty asked if there were any comments or questions from the Commission members. Shannon Stoker inquired if the applicant had to wait for the two sites in Cook County and in Danville to be approved before trying to obtain a license in DeKalb. Jim Hughes explained the State is set up in districts for issuance of these licenses and each district has a set number of licenses available. Mr. Hughes said they must be picked for a license in the DeKalb district. Mr. Olson said the DeKalb zone consists of DeKalb County and areas west and northwest of DeKalb including Northwest Illinois. Shannon Stoker asked if the lawsuit gets settled will a permit automatically be approved for this group and location. Jim Hughes stated no it will go through another lottery system to be granted. He added if someone else wins the license for the DeKalb district, his group could partner up with them or they could potentially sell their license. Steve Becker questioned if the applicant knew how many licenses would be issued during the lottery. Mr. Hughes replied he did not know. Mr. Becker moved that based on the submitted petition and testimony presented, the Planning and Zoning Commission recommend to the City Council approval of an amendment to Ordinance 2021-015 to extend the time limit to July 1, 2023, to obtain a State issued cannabis dispensary license for the property located at 818 W. Lincoln Highway in the tenant space as shown on Exhibit A and subject to the conditions listed in Exhibit B of the staff report. Planning and Zoning Commission June 6, 2022 Page 3 of 4 Ms. Stoker seconded the motion. A roll call vote was taken. Mr. Becker - Yes, Ms. Pena-Graham – Yes, Ms. Stoker – Yes, Ms. O’Flaherty – Yes, Mr. Wright, Mr. McMahon, and Chair Maxwell were absent. Motion passed 4-0-3. F. CONSIDERATIONS – Discussion on the 2022 Comprehensive Plan Update Planning Director Olson stressed the Comprehensive Plan has been discussed over several meetings and there have been no changes in the text of the plan, just in the map showing changes in the areas a mile and a half from City’s corporate limits. He said the City has planning jurisdiction in these areas and the County may receive rezoning requests, which the City would be notified and could object. Mr. Olson showed the changes to the 2022 Land Use Plan map and said the focus was to show non-agricultural zoning and land uses within the mile and a half boundary. He discussed a second page has been added to the map which shows three insets in the 1 ½ mile planning area on a larger scale. Planning Director Olson started with the west side of the City’s 1 ½ mile jurisdiction along Route 38 where a former golf course (Prairie Pines) is shown as a combination of open space and agriculture. Mr. Olson moved to the area south of the City’s limits near Gurler Road and Keslinger Road. He said parcels south of Keslinger which will contain the large solar farm approved in 2021 by DeKalb County will be shown as the use “transportation/utilities and agriculture”. In the areas north of Keslinger Road (generally south and east of the Meta site), the solar farm parcels will be shown in the “transportation/utilities and industrial” land use category. Mr. Olson explained nothing changed within the City’s corporate limits and added the plan can move forward to the planned open houses on June 30 and July 14 from 4:00 p.m. to 6:00 p.m. at the library. He said he hopes to have one or two Commission members present at the open houses, however there cannot be more than two otherwise it would be an OMA violation. Mr. Olson noted an official public hearing in front of the Commission will look to be scheduled for August 1 and then the plan will move on to Council for final approval. Steve Becker said he is interested to see what input is provided from the public at the open houses. He added he likes that the plan is recommending a stronger and more aesthetic look to the City. Keith Nyquist, 18 Greenwood Court, wants the Commission to keep the former NIU Art Annex Building (2239 Sycamore Road) in mind for future planning. He feels a four- story mixed commercial use building on the site would not be a good fit for the area. G. REPORTS Planning Director Olson announced the next Commission meeting is scheduled for Tuesday, June 21 due to the Juneteenth Holiday. Mr. Olson said there will be a hearing Planning and Zoning Commission June 6, 2022 Page 4 of 4 for J&S Towing for a special use permit overflow vehicle storage and a variance for a screening fence. Mr. Olson reminded the Commission the open houses for public discussion on the Comprehensive Plan will be scheduled for June 30 and July 14. H. ADJOURNMENT Mr. Becker 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 6:21 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT June 16, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: 407 Industrial Dr. - Special Use Permit and Variance for a vehicle tow facility and storage yard (J&S Towing and Recovery) I. GENERAL INFORMATION A. Purpose Allow for a vehicle tow facility and storage yard B. Location/Size 407 Industrial Dr./1.4 acres C. Petitioner J&S Towing and Recovery D. Existing Zoning “HI” Heavy Industrial District E. Existing Land Use Industrial – Roofing Company F. Surrounding Zoning and Land Use North: “HI”; Industrial, Recycling Facility South: PD-I”; Vacant, Distribution & Warehouse East: “HI”; Industrial West: “MC”, Manufacturing Conservation Dist. (Unincorporated DeKalb County); Single-Family Home and Vacant Property G. Comprehensive Plan Designation Light Industrial II. BACKGROUND AND ANALYSIS The petitioner, J&S Towing and Recovery, is requesting approval of a special use permit for a vehicle tow facility and storage yard at 407 Industrial Dr. The site will function as an auxiliary impound yard to handle overflow vehicles from their current site at 110 Industrial Dr. That site received a special use permit in 2020.The applicant is also applying for a variance to permit an adjacent 8-foot-high sight-proof fence to serve as screening for a portion of the storage yard in lieu of the required 10-foot-high sight-proof fence. The 1.4-acre site currently contains Pinkston-Tadd Roofing Services and has a large storage area at the rear of the property. J&S will initially fence in a 100’ x 150’ storage area at the far west end of the lot. There is a supply issue with the type of fence they want so the initial storage area will only take up a portion of the lot. The applicant would like to eventually have the ability to utilize the entire rear of the property for the storage of vehicles. The petitioner submitted a site layout showing the proposed vehicle storage area, which will be west of the existing building. The UDO (Article 5.12.03) requires junkyards, salvage yards and vehicle wrecking yards have their activities within an enclosed building or surrounded by a solid sight-proof fence not less than ten (10) feet in height, or the height of the materials being screened, whichever is greater. The regulations also state no materials shall be piled or stacked to a height in excess of fifteen (15) feet above the ground level. There is an existing 8-foot-high sight proof fence on the site to the north (Zimmerman Recycling) along the common lot line of the subject site and provides adequate screening. The site to the north is a recycling center with a large amount of materials stored outdoors. If the applicant would construct a 10-foot-high privacy fence along the north property line, it would not provide any additional screening for a use that has more outside storage. The applicant will not be occupying a space in the existing building, only utilizing the outside storage area. A paved parking area is provided in front of the building. As part of the special use, the staff is recommending the required number of parking spaces be striped and a handicap space added with appropriate signage prior to final occupancy of the towing operation. The applicant will have to go through the licensing process for towing operations located in Chapter 35 “Towing” of the Municipal Code. In 2009 the City approved a special use permit for Lovett’s Towing at 1837 E. Lincoln Highway to allow for an expansion of the existing towing facility. In 2015, the City approved a special use permit for a vehicle tow and storage yard at 1888 State St. (Tri- State Towing). The special use permit for J&S Towing at 110 Industrial Dr. was approved in 2020. All three of these locations have similar conditions and include: • No stacking of vehicles. • No stacking of vehicle parts higher than 8 feet. • No storage of vehicles used in the operation of the business parked outside the fenced area. Page |2 • No crushing of vehicles at the facility. • Abandoned and salvaged vehicles, except for those vehicles under the control of the Court of Law, shall not be kept on the property for more than 90 days. Staff would suggest these conditions be added with the special use request for this site. With special use permits the City can adopt conditions and we typically also look for improvements that can be made to bring the property into further compliance with the UDO. We are recommending the applicant stripe the existing parking area in compliance with the Unified Development Ordinance, City of DeKalb Municipal Code and the Illinois Accessibility Code prior to a final occupancy permit being issued for the special use. Staff is also recommending if the expansion of the storage yard occurs within one year of approval of the special use permit, an amendment to the Ordinance approving the permit is not required. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special will comply with all regulations of the “HI” Heavy Industrial District and the Unified Development Ordinance (UDO), except the height of the fence along the north property line. The applicant will be required to stripe the parking area in front of the building in compliance with the Unified Development Ordinance, City of DeKalb Municipal Code and the Illinois Accessibility Code prior to a final occupancy permit being issued for the special use. 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on the adjacent properties or land uses. The site has been zoned “HI” Heavy Industrial for decades. The building and storage yard where the proposed special use will locate has existed for several decades also. There are vehicle related uses and other commercial/industrial uses along Industrial Dr. that include storage yards. A 10-foot sight-proof high fence, as required by the UDO, will surround the outdoor storage yard, except for the north side which has an existing 8- foot-high sight-proof fence. There is one single-family home directly west of the site and zoned MC, Manufacturing Conservation in DeKalb County. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The granting of the special use will not dominate the immediate area and will not prevent Page |3 development on the neighboring properties. The surrounding area is already developed with a variety of industrial uses, including a vehicle tow yard and other uses with outside storage of materials and vehicles. The proposed special will operate in a manner that is not detrimental to the surrounding neighborhood. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate public services are already provided to the subject site. The existing paved parking area will be striped including the addition of a handicap space. A 10-foot-high sight-proof fence will be added around the majority of the vehicle storage area. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. The proposed special use will not be detrimental to the permitted developments and uses on the site or to the surrounding area. The vehicle tow facility will only consist of an outside storage area and will not occupy any space in the building. The site will function as an auxiliary impound yard to handle overflow vehicles from their current site at 110 Industrial Dr. The parking lot will be striped and appropriate signage added meeting the requirements of the UDO, Municipal Code, and Illinois Accessibility Code. IV. FINDINGS OF FACT FOR VARIATIONS The request has been reviewed using the criteria regarding variances stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. An 8-foot-high solid fence exists along the common property line to the north, which provides adequate screening. The site to the north is a recycling center with a large amount of materials stored outdoors. If the applicant would construct a 10-foot-high privacy fence along the north property line, it would not provide any additional screening and would screen a use with more outside storage. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The subdivision covering the site was platted in 1975. The 8-foot-high sight proof fence Page |4 to the north at 301 Industrial Dr. has been in place for several years and offers adequate screening between the two uses. The conditions requiring the variance request were not caused by the applicant. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. An 8-foot-high solid fence exists along the common property line to the north, which provides adequate screening. The site to the north is a recycling center with large amounts of materials stored outdoors. If the applicant would construct a 10-foot-high privacy fence along the north property line, it would not provide any additional screening and would screen a use with more outside storage. 4. The denial of the proposed variance will deprive the applicant of the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. If the applicant would construct a 10-foot-high privacy fence along the north property line, it would not provide any additional screening and would screen a use with more outside storage. The surrounding area is already developed with a variety of industrial uses, including a vehicle tow yard and other uses with outside storage of materials and vehicles. 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. The site has been zoned “HI” Heavy Industrial for decades and the building where the proposed special use will locate has existed for several decades also. There are vehicle related uses and other commercial/industrial uses along Industrial Dive that include storage yards. There is an 8-foot-high sight proof fence along common lot line to the north and offers adequate screening. 6. The proposed variation will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. The construction of the fence as proposed will not impair an adequate supply of light and air to adjacent properties. Furthermore, the proposed fence will not impair the public health and safety and will not have a negative impact on the surrounding neighborhood. A condition added to the approval of the variance states if the adjacent 8-foot-high sight- proof fence to the north is removed, the applicant shall construct an 8-foot-high sight- proof fence on the north property line of the subject site within 90 days of the removal of the fence. Page |5 V. CITIZEN RESPONSE/COMMENTS As of the posting of the agenda on June 16, we have not received any written comments. VI. RECOMMENDATION Two separate motions are required since the special use is a recommendation and the variance is a decision by the Commission. Two sample motions are provided below for the Commission’s consideration. Sample Motion – Special Use Permit: Based upon the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit for a vehicle tow facility and storage yard located at 407 Industrial Dr. per the site plan dated 5-31-22 and labeled as Exhibit A and per the conditions listed in Exhibit B. Sample Motion – Variance: Based on the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission approve a variance to Article 5.12.03 of the Unified Development Ordinance to allow an adjacent 8-foot-high sight-proof fence to serve as screening along the north property line of the storage yard in lieu of the required 10-foot- high sight-proof fence as shown on the site plan dated 5-31-22 labeled as Exhibit A and subject to the following condition: 1. If the adjacent 8-foot-high sight-proof fence to the north is removed, the applicant shall construct an 8-foot-high sight-proof fence on the north property line of the subject site within 90 days of the removal of the fence. Page |6  Exhibit B 1. The applicant shall stripe the required number of parking spaces in front of the building in compliance with the Unified Development Ordinance, City of DeKalb Municipal Code and the Illinois Accessibility Code prior to a final occupancy permit being issued for the special use. 2. All activities related to the special use shall be within an enclosed building or surrounded by a solid sight-proof fence not less than ten (10) feet in height (unless approved otherwise by a variance), or the height of the materials being screened, whichever is greater. 3. No stacking of vehicles. 4. No stacking of vehicle parts higher than 8 feet. 5. No storage of vehicles used in the operation of the business shall be parked outside the designated fenced area. 6. No crushing of vehicles at the facility. 7. Abandoned and salvaged vehicles, except for those vehicles under the control of the Court of Law, shall not be kept on the property for more than 90 days. 8. An expansion of the storage yard may occur as long as it is surrounded by a 10- foot-high sight-proof fence, except the north property line which may contain an 8- foot-high sight-proof fence. Any expansion of the storage yard must be to the west of the existing building on site. If an expansion occurs within one year of approval of the special use permit, an amendment to the Ordinance approving the permit is not required. Page |7 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 Tuesday, June 21, 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 J&S Recovery and Towing for a special use permit for a vehicle tow facility and storage yard located at 407 Industrial Dr. The applicant is also applying for a variance to permit an adjacent 8-foot-high sight-proof fence to serve as screening for a portion of the storage yard in lieu of the required 10-foot-high sight-proof fence as required in Article 5.12.03 of the Unified Development Ordinance. The subject site has a Parcel Identification Number (PIN) of 08-25-100-011 and is zoned “HI” Heavy Industrial. 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 Tuesday, June 21, 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