Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA Tuesday, September 6, 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. August 15, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Fullerton Engineering Consultants, LLC for DISH Wireless, LLC for approval of a special use permit for antennas and associated communications equipment on top of the building at 507 E. Taylor St. 2. Public Hearing – A petition by Martin Garcia Miranda and Paulina Chavez Martinez for approval of the rezoning of the site at 304 N. 6th St. and associated parking lot from the “LI” Light Industrial District to the “LC” Light Commercial District in order to accommodate a grocery store and small restaurant. 3. Public Hearing – A petition by Jacob Tennant, EggToy Studios Design, Inc, for approval of the rezoning of the site at 311-317 N. 4th St. and 321 Oak St. (First United Methodist Church) and associated parking lot from the “RC-1” Residential Conservation District – Public to the “PD-C” Planned Development Commercial District in order to accommodate the future development of an art studio and exhibit space. 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 August 15, 2022 Page 1 of 6 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION August 15, 2022 The Planning and Zoning Commission held a meeting on August 15, 2022, at the DeKalb Police Department in the 2nd Floor Training Room located 700 W. Lincoln Highway, DeKalb, Illinois. Chair Max 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, Maria Pena-Graham, Jerry Wright, and Chair Max Maxwell. Steve Becker, Shannon Stoker, and Bill McMahon 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 August 15, 2022, agenda as presented. Ms. O’Flaherty motioned to approve the agenda as presented. Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. August 1, 2022 –Chair Maxwell requested a motion to approve the August 1, 2022, minutes as presented. Mr. Wright motioned to approve the minutes as presented. Ms. O’Flaherty 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 – City of DeKalb 2022 Comprehensive Plan Update. Chair Maxwell expressed his gratitude to Planning Director Olson and City Manager Bill Nicklas for their hard work on updating this plan. Planning Director Olson spoke on the work that went in to updating the Comprehensive Plan which started at the beginning of the year and reviewed with the Commission on four occasions between April and June. He added there were two open houses to gather public input, one in June and the other in July. Finally, Mr. Olson stated the draft of the plan was published on the City’s website for the last few months and posted on social media platforms. Mr. Olson said the plan consists of five chapters: Introduction, Inventory and Analysis, Goals and Objectives, Land Use Categories and Plan, and Urban Design Guidelines. Planning and Zoning Commission August 15, 2022 Page 2 of 6 He stated the plan is good for five to ten years and the primary features of the plan are the addition of industrial sites on Gurler Road, industrial development along Peace Road north of Route 38, limited low density residential sites in the northwest and southwest corners of the City, and adding large amounts of agricultural land in the one and a half mile area of the City’s planning jurisdiction. Planning Director Olson touched on the large inventory of available lots in the City platted on a preliminary or final basis that are ready to be built on. Mr. Olson explained a good amount of time was spent checking parcels and updating the map and to make sure the existing land uses were correct. He mentioned he verified the changes from zoning and planning approvals since 2005. Mr. Olson added the Annie Glidden North Plan is incorporated within the document. He said the major change in the plan from the 2005 Plan is the reduction of single-family development in the one-and-a-half-mile boundary, to mainly agricultural uses in the 2022 Plan. Mr. Olson stated there was a lot of public comments on the Comprehensive Plan through e-mails, open houses, and at meetings. He went on to say many of the comments dealt with specific zoning actions which are not a part of the Plan but would be addressed at Commission meetings with a particular development proposal. Mr. Olson mentioned there were also requests to add other City approved plans to the Comprehensive Plan. He pointed out the Comprehensive Plan does not negate those previously approved plans. Mr. Olson said there were many comments on affordable housing, so language was added to strengthen the goals and objectives regarding residential development. Planning Director Olson thanked the Commission for all their input and hard work, thanked the public for their comments, and thanked City Staff since the Plan was done all in-house, with no consultant hired. Mr. Olson stated he recommended approval of the City of DeKalb 2022 Comprehensive Plan Update. He advised if approved, it will be sent to the City Council for approval of an amendment to Chapter 30 of the Municipal Code. Chair Maxwell stated there was a speaker request form from Paul Borek. Paul Borek, Executive Director of the DeKalb County Economic Development Corporation, expressed his support for approval of the 2022 City of DeKalb Comprehensive Plan Update and stated the land use map and goals and objectives provide an excellent blueprint for future development in the City. Mr. Borek focused on industrial growth and stated there have been four mega developments in the City within the past three years. Mr. Borek said abundant and reliable infrastructure, competitively priced land, and education and training resources are driving increased development interests. Mr. Borek continued by stating the Comprehensive Plan’s economic development goals specify several objectives to stimulate the local economy by ensuring DeKalb is a desirable place to live, work, and do business. He explained aggressively marketing industrial and commercial sites will help expand and diversify the tax base. Mr. Borek encouraged the Commission to recommend to the City Council approval of the Planning and Zoning Commission August 15, 2022 Page 3 of 6 Chapter 30 amendment to the Municipal Code to adopt the City of DeKalb 2022 Comprehensive Plan. Keith Nyquist of 18 Greenwood Court questioned if final action was being taken on the Comprehensive Plan. Planning Director Olson responded it is up to the Commission but usually they will make a recommendation at the same meeting as the hearing. Mr. Nyquist continued by asking when zoning decisions are made and how land should be used, does the City Council look at recommendations from a subgroup like the Planning and Zoning Commission. Mr. Nyquist voiced his concerns on the parcel that is designated for mixed use (commercial and residential) located at the former NIU Art Annex site (2239 Sycamore Road). He said a four or five story building would have a negative impact on the quality of life and value of property in his neighborhood. He respectfully requests discussion on the parcel and a change to the proposed land use map. Planning Director Olson stated Mr. Nyquist has spoken about this site at previous meetings when the Comprehensive Plan was being discussed. He added if a proposal for this property is submitted, property owners within 250 feet of the site would be notified of a public hearing and can provide comments at that time. Dave McCleary said he has lived at 12 Greenwood Court for 37 years, and the property being discussed is directly adjacent to both his and Mr. Nyquist’s homes. Mr. McCleary discussed the quietness of the neighborhood that no longer exists due to the development along Sycamore Road, and the increase of traffic and light pollution. He said a multi-story building at this location would compound these existing issues. Mr. McCleary expressed his concern of the lack of public participation at these meetings and stated the Commission should focus on getting the public to participate more. Chair Maxwell asked Mr. McCleary for suggestions to help increase attendance. He responded he does this for a living, and it takes a lot of effort and time to get the community involved. Chair Maxwell reiterated the Comprehensive Plan is a suggestive road map and if a proposal is submitted, a public hearing would be held, and the Commission would have to vote on the proposal. Planning Director Olson repeated the specific parcel would be addressed at a future hearing if there is a proposed development for the property. Chair Maxwell asked if there were any comments from the Commission members. Trixy O’Flaherty stated the concerns raised from Mr. McCleary and Mr. Nyquist are valid, but this meeting is just to approve an outline, not address specific development issues on parcels. Mr. Olson added the parcel (former NIU Art Annex site) was labeled as commercial use in the 2005 Comprehensive Plan. Jerry Wright stated he hears the concerns being brought up and it’s important to reiterate the concerns to the City Council. Maria Pena-Graham thanked the public for coming and voicing their concerns. Mr. Wright moved the Planning and Zoning Commission recommend to the City Council approval of an amendment to Chapter 30 “Official Comprehensive Plan” of the Planning and Zoning Commission August 15, 2022 Page 4 of 6 Municipal Code to adopt the City of DeKalb 2022 Comprehensive Plan dated August 9, 2022. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Pena - Graham - Yes, Mr. Wright - Yes, Chair Maxwell – Yes. Steve Becker, Shannon Stoker, and Bill McMahon were absent. Motion passed 4-0-3. 2. Public Hearing – A petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code, to amend Article 5.12 “HI” Heavy Industrial District to add “solar energy generation facility (solar farm)” as a special use and to amend Article 7.16 “Solar Energy Systems” to establish regulations for solar energy generation facilities (solar farms). Planning Director Olson stated the City petitioned for a text amendment to the UDO to add solar farms into the language. He added there is a hearing after this one for a proposed solar farm on Pleasant Street across from the airport. Mr. Olson said the text amendment petition is to add the use to the UDO and add standards because other solar farms may be coming to the City. Mr. Olson said the first amendment is to add solar energy generation facilities (solar farms) to the Heavy Industrial District as a special use which means applicants would have to go through a hearing, findings of fact, and meet certain criteria before approval. He informed there is “Solar Energy Systems” regulations already in the UDO, but they deal strictly with solar panels at businesses and homes which generate electricity for the site. Mr. Olson stated the amendment to this section would be for the generation of power for offsite use where the solar farm would be the primary use of the property. Mr. Olson covered the standards for setbacks, heights for components of the solar farm, fencing, and lighting. He described the proposed language for the maintenance of the solar farm, native grasses, vegetation, and soil stabilization measures. He finished up with discussion on language covering the decommission plan when the use is no longer needed. Mr. Olson stated the City recommends approval of the text amendments to the UDO as described in Exhibit A to the staff report. Chair Maxwell asked if there were any questions or comments from the Commission members. Maria Pena-Graham stated this is an up-and-coming item. Mr. Maxwell showed his appreciation for the decommission plan. Jerry Wright asked if there were only two solar farms in DeKalb. Planning Director Olson stated there are no solar farms in the City of DeKalb with two proposed (including this site along Pleasant St.) but there are several in the County. Chair Maxwell asked if there were any questions or comments from the public in which there were none. Planning and Zoning Commission August 15, 2022 Page 5 of 6 Ms. O’Flaherty moved that based on the submitted petition and testimony presented, the Planning and Zoning Commission recommended to City Council approval of the text amendments to the Unified Development Ordinance regarding solar energy generation facilities (solar farms) as indicated in Exhibit A of this staff report. Mr. Wright seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Pena - Graham - Yes, Mr. Wright - Yes, Chair Maxwell – Yes. Steve Becker, Shannon Stoker, and Bill McMahon were absent. Motion passed 4-0-3. 3. Public Hearing – A petition by SunVest Solar, LLC d/b/a DeKalb Taylor Solar, LLC for a special use permit for a solar energy generation facility (solar farm) located on an approximately 49-acre site along the north side of Pleasant St. across from the DeKalb Taylor Municipal Airport. Bill French, of SunVest Solar LLC, spoke and noted he is petitioning for a special use permit for a 5 mega-watt solar facility to be located on Pleasant Street across from the airport. Mr. French stated SunVest Solar is a Midwest based company that has been in business since 2009 and has blossomed into a top 10 solar developer in the nation. Mr. French added SunVest Solar has a proven track record of success. Mr. French explained solar energy has minimal to low impact and panels produce little to no glare. He stated solar facilities are quiet during the day, silent at night, and there are very few moving parts. Mr. French stressed these facilities are clean, safe, and do not produce any emissions, and they require very little maintenance once installed. He said routine maintenance occurs usually twice a year and there will be very little traffic to the site. Bill French discussed the decommission plan once the lease expires and added they will adhere to the newly proposed text amendments. He said FAA studies have been conducted due to the property being located near the airport. Mr. French described the vegetation proposed for the property which will require low maintenance. He stated a 5 mega-watt facility provides enough energy to help power 750 homes. Mr. French also noted maintenance on the panels will be done remotely and the panels are warrantied for 25 years but still operate at 80% capacity after that time. Mr. French stated comments were received from the Morgano family (2689 Pleasant St.) which have been addressed. Planning Director Olson went through the Staff Report dated August 11, 2022, and noted Bill French gave a thorough overview of the request. He added the City Council approved a 25-year lease and easement agreement with the applicant in December, 2021. He mentioned this proposal meets the 2005 and the 2022 draft Comprehensive Plans. Mr. Olson noted SunVest Solar recently received FAA approval for the project. Mr. Olson stated the City recommends approval as it meets all the requirements of the previous discussed text amendments. Planning and Zoning Commission August 15, 2022 Page 6 of 6 Planning Director Olson referenced an e-mail received from Pete and Beth Morgano (2689 Pleasant St.) who asked several questions about the proposal. He said City Staff worked with Bill French to get the Morgano’s questions answered. Chair Maxwell asked if there were any questions or comments from the public in which there were none. Chair Maxwell asked if there were any questions or comments from the Commission members. Jerry Wright inquired on the amount of personnel needed to run the facility. Mr. French stated once the facility is up and operational, it is monitored by one person done remotely. Maria Pena-Graham questioned how often the panels break or malfunction. Mr. French responded it is rare that problems occur, usually just a bad connection or panel failure. Ms. Pena-Graham asked where the energy would be used. Mr. French replied the electricity produced will automatically go on the grid and will be used anywhere within ComEd’s territory. Ms. Pena-Graham moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit for a solar energy generation facility (solar farm) per the site plan (Sheet PV-1.00) prepared by SunVest Solar LLC labeled as Exhibit A and shall be operated per the land lease and solar easement agreement approved by Ordinance 2021-052. Mr. Wright seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Pena - Graham - Yes, Mr. Wright - Yes, Chair Maxwell – Yes. Steve Becker, Shannon Stoker, and Bill McMahon were absent. Motion passed 4-0-3. F. REPORTS Planning Director Olson announced the next scheduled Commission meeting will be held on Tuesday, September 6 due to the Labor Day Holiday. He added there will be a couple hearings which will be published and forwarded to the Commission within the next few days. Mr. Olson informed the Commission the City Council approved Project Wildcat at their last meeting. G. ADJOURNMENT Ms. O’Flaherty motioned to adjourn, Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 7:01 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT September 1, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Special use permit for antennas and associated equipment on top of a 16- story building at 507 E. Taylor St. (DISH Wireless) I. GENERAL INFORMATION A. Purpose: To obtain a special use permit to install cellular antenna equipment on top of an existing 16- story building B. Location/Size: 507 E. Taylor St. St./2.1 acres C. Petitioner: Fullerton Engineering Consultants, LLC for DISH Wireless, LLC D. Existing Zoning: “RC-1” Residential Conservation District E. Existing Land Use: 16-story residential building F. Surrounding Zoning and Land Use: North: “RC-1”; Multi-Family and Single- Family Residential South: “SFR2”; Elementary School East: “RC1”; Park, Multi-Family and Single-Family Residential West: “RC-1”; Park and Single-Family Residential G. Comprehensive Plan Designation: High Density Residential II. BACKGROUND AND ANALYSIS We have received a special use petition from Fullerton Engineering Consultants, LLC on behalf of DISH Wireless, LLC requesting approval to install antennas and associated equipment on top of the building at 507 E. Taylor St. (Taylor St. Plaza). The building is owned by the Housing Authority of the County of DeKalb and the equipment will be owned by DISH Wireless. The Unified Development Ordinance (UDO) requires a special use permit for any antenna on existing non-tower structures. There will be no increase to the height of the structure or expansion of the lease area. There is a total of three carriers who have equipment on top of the building. DISH Wireless is proposing to add three new antennas to the top of the building. The proposed work will deploy a new 5G broadband network. The supporting equipment will be contained inside the existing penthouse equipment room. The project will help support 5G connectivity needs of the community. In addition, the proposed equipment will utilize concealment tape to help minimize the visual effect to the surrounding area. This concealment film has been used on the other carriers on top of the building. The proposed DISH Wireless facility will be unstaffed and only require service approximately once per month by a technician. Finally, the facility will operate in accordance with all FCC regulations. Article 7.08 of the Unified Development Ordinance (UDO) regulates the placement, design, and use of wireless communication equipment. Co-locating or upgrading existing equipment on existing non-tower structures, such as buildings require a special use. This section of the UDO also stipulates that compliance with certain criteria needs to be demonstrated by the applicant prior to approval of the special use. The criteria area addressed in the following sections of the staff report, “IV. Standards of Special Use Permit for Antenna Facilities and V. Standards of a Special Use”. III. STANDARDS OF SPECIAL USE PERMIT FOR ANTENNA FACILITIES– ARTICLE 7.08.08 1. Points of Visual Interest Shall Be Protected. The only point of visual interest, as defined by the UDO, in the vicinity of the subject property is park property to the east and west of the subject site. The proposed equipment will have no impact on the park areas as the equipment is on top of an existing 16-story building. Finally, there will be concealment tape added to camouflage the antennas and equipment. 2. Methods for Protecting Points of Visual Interest. As noted in standard #1, concealment tape will be added to camouflage the antennas and equipment, which will help to minimize the visual effect on the surrounding area. Page |2 3. Color Reflective screening of the visible equipment is proposed to reduce the visual impact on the surrounding area. 4. Height The UDO stipulates antennas may be permitted provided they don’t exceed the maximum building height plus 15 feet. The top of the building penthouse is 154 feet, and the top of the proposed antenna will be 162 feet. 5. Setbacks Adjacent to Residential Uses The proposed equipment will be on an existing roof top that is an approved location for wireless facilities. 6. Lighting The UDO stipulates that no lighting is permitted except as required by the Federal Aviation Administration (FAA). There is no lighting present or proposed on the rooftop equipment, and the FAA does not require lighting at this location. 7. Fencing and Security Since the upgrade is for roof-top equipment, this criterion does not apply. 8. Landscaping and Screening The applicant is proposing to use concealment film on the antennas to help blend them into the surrounding environment. 9. Noise No noise generating equipment is present or proposed in relation to this request. 10. Tower Design Not applicable. This is a proposed rooftop facility. IV. STANDARDS OF A SPECIAL USE – ARTICLE 14.03.05 (2) 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special use is for a new co-location on an existing building with other carriers. The property is zoned RC-1 and the proposed special use meets all the Page |3 requirements of the district and Article 7.08 (Wireless Communications Ordinance) of the UDO. The proposed facilities will provide communication services to the City that support the goals of the 2022 Comprehensive Plan. 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. There has been antenna and associated equipment on top of the building on the subject site for many years and there is no evidence that the presence of the antennas and equipment have been detrimental to the value of neighboring properties. In addition, the applicant is proposing to use concealment tape on the equipment to minimize the visual effect on the surrounding area. The facility will operate in accordance with all FCC regulations. 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 antenna and associated equipment related to the special use request will be located on top of an existing 16-story building and will not dominate the immediate area and will not prevent development on the neighboring properties. The proposed facility will be unstaffed and a low intensity operation. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. The subject site and structure are already served with adequate utilities. The only utilities that are necessary are telephone/fiber and electricity, both of which are already onsite in connection with the existing facilities. In addition, the facility will operate in accordance with all FCC regulations. 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. There has been antenna and associated equipment on top of the building on the subject site for many years and will be operated in a manner that is visually compatible with the surrounding area. The proposed wireless installation will have a positive impact on the Page |4 community and ensure the area has a reliable wireless service. The applicant is proposing to place concealment tape on the antennas and equipment to minimize the visual effect on the surrounding neighborhood. III. PUBLIC INPUT As of the posting of the agenda on September 1, the City did not receive any written comments. IV. RECOMMENDATION 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 a Special Use Permit for antenna and associated equipment on top of a 16- story building at 507 E. Taylor St. to allow for the installation of communication equipment associated with DISH Wireless subject to the following: 1. The antennas and equipment shall comply with the drawings dated 7-19-22 indicated on Exhibit A. 2. Antennas and associated visible equipment shall be wrapped with concealment tape. 3. The applicant is required to submit the necessary application and plans to the City in compliance with applicable Building Codes and the regulations of Article 7.08 of the UDO (Wireless Communications Ordinance). Page |5 EXHIBIT A  SPECIAL USE APPLICATION CITY OF DEKALB CO-LOCATION OF NEW DISH WIRELESS ANTENNAS (WITH CONCEALMENT TAPE) WITH NO CHANGE TO HEIGHT OF STRUCTURE AT 507 E. TAYLOR STREET DEKALB, IL SITE – CHCHI00894A July 13, 2022 Mr. Dan Olson, AICP Planning Director City of DeKalb 164 E. Lincoln Highway DeKalb, IL 60115 Re: Application for Special Use Permit to allow the Installation and Operation of New DISH Wireless Network Equipment to the Existing Roof Top at 507 Taylor Street, DeKalb, IL 60115 DISH SITE # CHCHI00894A Dear Mr. Olson, Fullerton Engineering Consultants, LLC on behalf of DISH Wireless, and the Property Owner, submit for review and approval, a Special Use Permit Application for the proposed addition of DISH Wireless Antennas and Support Equipment to the existing roof top at the above referenced location. In support of the application, please find the enclosed documentation: • 6409 Eligible Facilities Request from DISH Wireless • Special Use Permit Petition • Narrative • Legal Description • Vicinity Map • The DISH Story • Proposed Drawings (2 Hard Copies / 1 PDF) • Application Fee - $500.00 Check At the time the submittal package is deemed complete in accordance with the City Ordinance (or state statue or FCC guidelines) we respectfully request to be placed on the next agenda. (Cont.)  DISH SITE CHCHI00894A 507 E. Taylor St., DeKalb, IL Page 2 We look forward to working with you and staff to help bring state of the art wireless to the residents and workforce in the City of DeKalb. Please do not hesitate to contact us if you have questions, concerns, or require additional information. Sincerely, Tony Phillips Tony Phillips Zoning & Permitting Manager Fullerton Engineering for DISH Wireless 847-331-3659 tphillips@fullertonengineering.com  DISH SITE - CHCHI00894A July 13, 2022 VIA: FedEx City of DeKalb Community Development Dan Olson, AICP - Planning Director 164 E. Lincoln Highway DeKalb, IL 60115 RE: CHCHI00894A- 507 E. Taylor St., DeKalb, IL 60115 - Eligible Facilities Request Dear Mr. Olson: On behalf of DISH Wireless L.L.C. (“DISH Wireless”), we are submitting an Eligible Facilities Request (“EFR”) to modify an existing support structure pursuant to Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”) and the rules of the Federal Communications Commission (“FCC”). See Pub. Law No. 112-96, 126 Stat. 156 (2012); 47 C.F.R. §1.6100. Specifically, as it moves to deploy a new 5G broadband network, DISH Wireless is proposing to add (3) new DISH Wireless Antennas to the existing chimney at the above location. The antennas will be concealed behind stealth screening with no increase in height. The support equipment will be housed within the existing penthouse equipment room. (the “Request”). This project will help support the 5G connectivity needs of residents, businesses, and first responders. DISH Wireless looks forward to working cooperatively with you to advance these important efforts in your community. This Request is governed by Section 6409(a) of Spectrum Act which, as you may know, provides that state and local governments “may not deny, and shall approve” any EFR to modify an existing wireless tower or base station that does not “substantially change the physical dimensions of such tower or base station.” See Spectrum Act § 6409(a)(1), 126 Stat. at 232. Under Section 6409, such modifications include the collocation, removal, or replacement of transmission equipment. See id. § 6409(a)(2), 126 Stat. at 232-33. Under the FCC’s rule implementing Section 6409(a), an existing base station is a structure that currently houses or supports an approved antenna, transceiver or other associated equipment “even if the structure was not built for the sole or primary purpose of providing such support.” 47 C.F.R. § 1.6100(b)(1), (b)(5). Confidential and Proprietary © 2020 DISH WIRELESS Page 1  DISH SITE- CHCHI00894A Similarly, the list of equipment that will be installed as part of this Request qualifies as “transmission equipment,” which the FCC defines as “equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable.” See 47 C.F.R. § 1.6100(b)(8). The FCC has determined that a modification is not a substantial change, and therefore is an EFR that shall be approved under the Spectrum Act, as long as it does not fall within any of the following six criteria (47 C.F.R. § 1.6100(b)(7)): 1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; 2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; 3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; 4. It entails any excavation or deployment outside the current site; 5. It would defeat the concealment elements of the eligible support structure; or 6. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in criteria 1-4 above. Pursuant to Section 1.6100(c) of the FCC’s rules, which provides that jurisdictions may require documentation or information “only to the extent reasonably related to determining whether the request meets the requirements” of the FCC rule, DISH Wireless provides the following information to demonstrate that the proposed Request does not constitute a substantial change under the criteria above because it: Confidential and Proprietary © 2020 DISH WIRELESS Page 2  DISH SITE- CHCHI00894A 1. Does not involve an increase in height in excess of the limits in 47 C.F.R. § 1.6100(b)(7)(i). Details: There will be no increase in height of the existing building structure. 2. Does not involve an increase in width in excess of the limits in 47 C.F.R. § 1.6100(b)(7)(ii). Details: There will be no increase to the width. 3. Does not involve installation of new equipment cabinets in excess of the limits in 47 C.F.R. § 1.6100(b)(7)(iii). Details: The proposed equipment cabinet(s) will placed on an existing equipment platform, with no expansion of the roof top or increase to ground space. 4. Does not involve any excavation or deployment outside the current site. Details: All work will be above ground and does not involve any excavation or deployment outside the current site. 5. Would not defeat any concealment elements of the eligible support structure. Details: The proposed addition of any visible equipment will utilize concealment tape, and not defeat existing concealment elements. 6. Complies with any prior conditions, except for any non-compliance due to exceeding the thresholds in criteria 1-4 above. Details: The proposed addition of new DISH Wireless equipment will comply with prior conditions and will not exceed any thresholds. Under the FCC’s rule, the submission of this request for EFR approval initiates a 60-day shot clock to review and approve the application. Id. § 1.6100(c)(2). If that time passes without action, “the request shall be deemed granted.” Id. § 1.6100(c)(4). Confidential and Proprietary © 2020 DISH WIRELESS Page 3 DISH SITE-CHCHI00894A DISH SITE CHCHI00894A DISH SITE CHCHI00894A  NARRATIVE DISH WIRELESS NETWORK - 507 E. TAYLOR STREET, DEKALB, IL - CHCHI00894A Summary of the Proposal Engineers at DISH Wireless have determined a facility on the roof top of 507 East Taylor Street is needed for the seamless operation of their new network. The proposed new co-location includes antennas and equipment located on the roof top of this 16 Story building owned by the Housing Authority of the County of DeKalb. The 507 E. Taylor Street building is already home to equipment and facilities of multiple wireless carriers. There will be no increase to the height of the structure or expansion of the lease area. Operations and Security The proposed DISH Wireless facility will be unstaffed and only require service approximately once per month by a technician in a pick-up/van sized vehicle. Access will be provided through the existing building parking lot, with no additional curb cut being needed. The site is entirely self-monitored through a sophisticated alarm system which is connected to a main switch station. The system alerts personnel to any equipment malfunction or breach of security. There is no impact on any City of DeKalb services such as water, sanitation, police or fire. The only services used in connection with the wireless telecommunications facility are power and telephone service, both of which exist at the site. Compliance with Federal Regulations In accordance with FCC regulations, the collocated facility will not interfere with any form of communications, including but not limited to, land-line phones, cable and satellite television and radio broadcasts. Wireless technology has become a vital part of emergency services, aiding local residents and motorists in a variety of situations, thus helping to protect the general public’s health, safety and welfare. The proposed wireless telecommunications facility will be designed and constructed to meet all applicable governmental and industry safety standards. Compliance with Applicable City of DeKalb Regulations The proposed Dish Wireless facility will comply with all applicable regulations of the City of DeKalb, including: A. Conformance with City Comprehensive Plan: The City’s Comprehensive Plan aims to bring sustainability, improvement, character, connectivity, and cohesion to the City of Dekalb. The proposed DISH Wireless facility will provide communications services to the city that support the goals of the comprehensive plan. The installation of equipment atop a building minimizes its impact on the surrounding area’s natural features. Improved wireless access creates economic opportunities for surrounding businesses and increased connectivity for individuals, households, and local businesses. B. Impact on Existing and Future Land Uses: This proposed wireless installation will have a positive impact on existing and future land uses by ensuring the area has reliable wireless service in the area. Additionally, the installation atop the Housing Authority building will not disturb the immediate area or prevent development of this or neighboring properties.  DISH SITE CHCHI00894A 507 E. TAYLOR C. Impact on Adjacent Property Values: There is no evidence the presence of the existing three (3) carriers currently installed has been detrimental to the value of neighboring properties. Locating new equipment on a structure already approved as a wireless facility is encouraged to limit the visual impact. In fact, given the increased reliance on wireless services by the public, evidence shows that the availability of wireless service is an important feature to current home buyers. D. Impact on the General Public’s Health, Safety, and Welfare: The proposed addition of DISH Wireless equipment will have no impact on the public’s health, safety, or welfare. On the contrary, it will provide the residents and workforce of this area improved wireless capabilities. E. Conformance with all Elements of the Unified Development Ordinance (“UDO”): Article 7.08 of the UDO, also known as the Wireless Communications Ordinance, regulates the placement, design and use of wireless communication equipment. Co-locating or upgrading existing equipment on existing non-tower structures, such as buildings, require a special use permit. All elements of the UDO have been met. 1. Points of Visual Interest Shall Be Protected: The only point of visual interest, as defined by the UDO, in the vicinity of the subject property is park property to the east and west of the subject site. The proposed addition of DISH Wireless equipment will have no impact on the park areas as the equipment will be on top of an existing 16-story building. 2. Methods for Protecting Points of Visual Interest: Concealment tape, a non-metallic reflective film technology, is proposed around any visible equipment to screen it from ground view by camouflaging it into its surrounding environment. 3. Color: Reflective screening of the visible equipment is proposed to reduce the visual impact on the surrounding area. 4. Height: Antennas may be permitted provided they don’t exceed the maximum building height plus fifteen (15) feet. The top of building penthouse is 154’. The top of the proposed antennas will be 162’. 5. Setbacks Adjacent to Residential Uses: The proposed equipment will be on an existing roof top that is an approved location for wireless facilities. 6. Lighting: The UDO stipulates that no lighting is permitted except as required by the Federal Aviation Administration (FAA). There is no lighting proposed, and the FAA does not require lighting at this location. 7. Fencing and Security: Since the upgrade is for rooftop equipment, this criterion does not apply.  DISH SITE CHCHI00894A 507 E. TAYLOR 8. Landscaping and Screening: As this is a rooftop facility, no landscaping is required. 9. Noise: No noise generating equipment is present or proposed in relation to this request. 10. Tower Design: Not Applicable -This is a proposed rooftop facility. Standards of a Special Use – Article 14.03.05 (2) of the Unified Development Ordinance 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special use is for a new co-location on an existing building with other carriers. The property is zoned RC-1. The proposed special use will meet all applicable requirements of the district and Article 7.08 (Wireless Communications Ordinance) of the UDO. 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. There have been antennas and associated equipment on top of the building on the subject site since at least 2000 and there is no evidence that the presence of the antennas and equipment has been detrimental to the value of neighboring properties. To further minimize the visual impacts of its site, DISH is proposing the use of concealment tape on any visible equipment to ensure it further blends into the surrounding neighborhood. 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. As indicated above, the facility is unstaffed and is a low intensity operation. The antennas and associated equipment related to the special use request are located on top of an existing 16- story building and will not dominate the immediate area and will not prevent development on the neighboring properties. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided.. The existing site has adequate facilities and the proposed modifications will not impact this. The only utilities that are necessary are telephone/fiber and electricity, both of which are already onsite in connection with the existing facilities. No drainage, sanitation, refuse removal, parks, library, or school services will be necessary for this facility. The site is entirely self-monitored and connects directly to a central office where DISH personnel can be alerted to any equipment malfunction or breach of security. Existing police and fire protection are more than adequate to provide security for this facility. Access to the site location is through an existing driveway on the property.  DISH SITE CHCHI00894A 507 E. TAYLOR 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 respect 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. There has been antenna and associated equipment on top of the building on the subject site since at least 2000 and the facilities have been continually operated in a manner that is not detrimental to other uses in the district. The facility has been and will be operated in a manner that supports the goals of the City of DeKalb. The upgraded equipment being proposed will provide the residents of the City improved wireless communication capabilities. The applicant is proposing the use of concealment tape on the antennas and equipment to minimize the visual effect on the surrounding neighborhood. Application Subject to Section 6409 of the Spectrum Act Given the presence of existing wireless facilities at the Site, DISH Wireless believes its application is subject to the procedural requirements of Section 6409 of the Spectrum Act. The Act states in pertinent part that “...a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station”. The Act was intended to encourage and expedite the deployment of wireless facilities on existing structures. The building at 507 East Taylor Street qualifies as an existing eligible facility under FCC regulations implementing Section 6409. Collocations on such facilities are allowed under the Act and are processed as eligible facilities requests. As demonstrated by the enclosed application materials, DISH Wireless proposed project will not substantially change the physical dimensions of the existing base station. Under 6409, there is a 60 day review period for such applications. DISH SITE CHCHI00894A  VICINITY MAP 507 E TAYLOR STREET, DEKALB, IL DISH SITE CHCHI00894A DISH SITE CHCHI00894A 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, September 6, 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 Fullerton Engineering Consultants, LLC for DISH Wireless, LLC for approval of a special use permit for antennas and associated communications equipment on top of the building at 507 E. Taylor St. The subject site has a Parcel Identification Number (PIN) of 08-23-361-031 and is zoned RC-1 Residential Conservation District with a designated land use of multi-family residential. 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, September 6, 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  STAFF REPORT September 1, 2022 TO: Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: 304 N. 6th St. – Rezoning from the “LI” Light Industrial District to the “LC” Light Commercial District - (Martin Garcia Miranda and Paulina Chavez Martinez) I. GENERAL INFORMATION A. Purpose Establishment of a grocery store and small restaurant B. Owner/Applicant Martin Garcia Miranda and Paulina Chavez Martinez C. Location and Size 304 N. 6th St./.7 acres D. Existing Zoning and Land Use “LI” Light Industrial District; Commercial building and parking lot E. Surrounding Zoning and Land Use North: LI and LC; Offices; Single-family South: LI; Parking lot for subject site; Various commercial/industrial uses East: LI and RC-1; Various commercial uses, Residential West: LI and LC; Various commercial uses F. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS Request/Background The City has received a petition from Martin Garcia Miranda and Paulina Chavez Martinez to rezone 304 N. 6th St. and the associated parking lot south of Oak St. from the “LI” Light Industrial District to the “LC” Light Commercial District. The intent of the applicant is to establish a grocery store and small restaurant (taqueria) in the existing building. The 48- 50 stall associated parking lot is located to the south of the building across Oak St. The building is 9,900 sq. ft. and the grocery store and restaurant will occupy 6,800 sq. ft. The remaining 3,100 sq. ft. is currently occupied by the offices of the Association of Individual Development (AID), who will remain in the building. The applicant is under contract with the current owner of the property, Estate of George D. Embree. Under the current zoning on the site, “LI” Light Industrial, grocery stores and restaurants are not permitted; therefore, a request to rezone to the “LC” District was submitted. Rezoning the site to the “LC” District was seen as the best possible option and the most compatible with the surrounding neighborhood. The proposed “LC” District fits into the surrounding neighborhood, with “LC” zoning existing to the north and northwest of the subject site. The request is for the rezoning of the site, not for the approval of the specific uses. A copy of the existing floor plan was submitted as well as the proposed layout of the grocery store and restaurant. The restaurant (taqueria) will occupy about 400 sq. ft. of the total space and have 30 seats. The applicant currently operates a grocery store at 418 N. 10th St. called Paraiso Minimarket, which will remain open. There will be two access points to the grocery store along Oak St. The paved area between the building and Oak St. is in the City right-of-way. With direction from the City, the owner will be striping this area to include parallel parking spaces and some handicap spaces. The paved are along N. 6th St. in front of the building will also be striped by the owner to diagonal parking. The City Engineer and owner’s architect will be working on a striping plan for the areas in front of the building. The total number of required parking spaces for all the uses (office, grocery store and restaurant) is 46 and the number of provided parking spaces is 48-50 on the private lot across Oak St. There will be an additional public space along Oak St. and N. 6th St. that will be available to customers and the other businesses along N. 6th St. The petitioner has indicated he will have employees park in the lot across Oak St., which will be re-surfaced and re-striped. There are 22 striped diagonal parking spaces along the west side of N. 6th St. between Oak St. and Pine St. The east side of N. 6th St. has approximately six non-striped spaces. A random survey over the last few weeks revealed there was on average about 7 to 11 parking spaces open on the west and east sides side of N. 6th St. The west side of N. 6th St. was restriped in the summer of 2021 in conjunction of the conversion of the street from a two-way with parallel parking spaces to a one-way northbound street with 28 Page 4 of 4 diagonal spaces. The east side was not striped. The change was done at the request of the Housing Authority of County of DeKalb so there would be more spaces for their staff and visitors. There are six 90-degree parking spaces in front of the Housing Authority’s office. 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 2022 Comprehensive Plan recommends the subject site for commercial uses. The site contains a 9,900 sq. ft building that is zoned “LI”, Light Industrial. The proposed “LC” zoning is more appropriate for the site and is compatible with the surrounding neighborhood. The trend of development in the area has been more commercial and office uses rather than industrial uses. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The rezoning of the subject property to the “LC” Light Commercial District will better match the proposed uses for the property. The intent of the “LC” District is to be in areas adjacent to collector and some arterial streets and is designed to accommodate the retail and limited-service needs of a larger consumer population. The subject site is one block away from N. 7th St, and on the edge of the downtown area, therefore the proposed “LC” District meets the intent and purpose of the UDO. 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 uses of the property that are complementary and compatible with the adjacent neighborhood. Most of the surrounding area is already developed and adequate off-street parking will be provided in the parking lot across Oak St. The proposed “LC” District fits into the surrounding neighborhood, with similar zoning existing to the north and northwest of the subject site. 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 “LI” Light Industrial District. Rezoning the property to “LC” Light Commercial District will allow the demand for the intended land uses to be accommodated. Page 4 of 4 5. Adequate public facilities and services exist or can be provided. Adequate public services and utilities are already provided to the subject property. A total of 48-50 off-street parking spaces are provided in the lot to the south of Oak St. and 46 spaces are required per the UDO. In addition, there is public parking along N. 6th St. for 28 vehicles and additional spaces will be added along Oak St. Adequate sidewalks and streets surround the site and will easily accommodate the impacts of the proposed rezoning. IV. PUBLIC INPUT As of the posting of the agenda on Thursday, September 1 the City did not receive any written comments regarding the request. V. CONCLUSIONS AND RECOMMENDATION The staff’s recommendation is to approve, and a sample motion has been prepared. A rezoning request cannot include conditions and does not approve a particular plan. The applicant will be applying for building and parking permits once the rezoning is approved. At that time the City will be verifying the plans meet the applicable UDO and Building Code regulations. 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 304 N. 6th St. and associated parking lot from the “LI” Light Industrial District to the “LC” Light Commercial District. Page 4 of 4 Proposed Floor Plan EXISTING FLOOR PLAN 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, September 6, 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 Martin Garcia Miranda and Paulina Chavez Martinez for approval of the rezoning of the site at 304 N. 6th St. and associated parking lot from the “LI” Light Industrial District to the “LC” Light Commercial District in order to accommodate a grocery store and small restaurant. The subject site is .7 acres, has Parcel Identification Numbers of 0823182007, 0823185001 and 0823185002 and is commonly known as 304 N. 6th St. 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, September 6, 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  STAFF REPORT September 1, 2022 TO: Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: 311- 317 N. 4th St. and 321 Oak St. (First United Methodist Church) – Rezoning from the “RC-1” Residential Conservation District – Public to the PD-C, Planned Development Commercial District (Jacob Tennant - EggToy Studios Design, Inc.) I. GENERAL INFORMATION A. Purpose Establishment of an art studio and exhibit space. B. Owner/Applicant First United Methodist Church/Jacob Tennant, EggToy Studios Design, Inc. C. Location and Size 311-317 N. 4th St. and 321 Oak St. /1.1 acres D. Existing Zoning and Land Use “RC-1”, Residential Conservation District - Public, First United Methodist Church E. Surrounding Zoning and Land Use North: RC-1; Parking lot, Church South: PD-C and CBD; Various commercial uses East: GC and RC-1; Various commercial and residential uses West: PD-C; Library, Church F. Comprehensive Plan Designation Institutional Page 1 of 5 II. BACKGROUND AND ANALYSIS Request/Background Jacob Tennant, EggToy Studios Design, Inc. has submitted a petition to rezone 311-317 N. 4th St., 321 Oak St. (First United Methodist Church) and the associated parking lot from the “RC-1” Residential Conservation District – Public to the “PD-C” Planned Development Commercial District. The intent of the applicant is to establish a future art studio, exhibit space and associated uses including a small retail area. The subject site includes the church, parsonage, and two-story education building and 36 stall parking lot across N. 4th St. The square footage of the building is 31,592 sq. ft. plus an additional 8,590 sq. ft. of basement storage. Under the current zoning on the site, “RC-1” Residential Conservation District – Public, an art studio is not a permitted use. The First United Methodist Church currently occupies the space and will be leasing it back from the applicant until their new facility along Annie Glidden Road is finished next summer. EggToy Studios will not be operating in the building until the church has vacated, however there may be some storage moved in, with the cooperation with the church. Egg Toy Studios is currently located in Sycamore and makes customized lighting, furniture, signage, glass, and sculptures. When the applicant occupies the church, the first floor and second floor will be devoted to the design offices and exhibit space in the former worship area and chapel. Studio space and some of the fabrication work will occupy fellowship hall and the classrooms. The basement will accommodate a storage area and design mock-up space. The parsonage will be for future retail space. Rezoning the site to the “PD-C” District was seen as the best possible option to accommodate the various uses and the most compatible with the surrounding neighborhood. “PD-C” zoning existing to the west (DeKalb Public Library) and to the southeast (Agora Tower). The entirety of the building will be preserved with only a future overhead garage door planned on the west side of the church. Electrical and fire life/safety improvements are also planned. The UDO doesn’t list art studios in the parking regulations, but it is estimated there will be about 12 parking spaces occupied on a daily basis. The proposed square footage and uses are similar to the applicant’s current location in Sycamore. The summary provided by the applicant notes they will have a staff of 7-9 people. The 36-stall parking lot across N. 4th St. should be more than adequate to handle the daily parking demands and for any special events. In addition, there are public parking lots to the southwest of the site within walking distance. The recommended development standards approve the various uses including the art studio, exhibit space and future retail space limited to no more than 1,000 sq. ft. It also allows the church to stay in the building until August 31, 2023. If there are delays in the construction of the new church, the time limit can be amended. The church is a legal Page 2 of 5 non-conforming use based upon the setbacks and other standards in the RC-1 District. The recommended “PD-C” zoning standards allows those non-conformities to continue. Any future improvements shall meet the standards as set forth in the “GC” and “PD-C” District of the UDO along with the Building Code. 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 2022 Comprehensive Plan recommends the subject site for institutional uses based upon the church use. The request also meets goals in the 2022 Comprehensive Plan regarding downtown enhancement and historic preservation. The proposed “PD-C” zoning is appropriate for the site and is compatible with the surrounding neighborhood. The DeKalb Public Library to the west of the site is zoned PD-C. The Agora Tower project to the southeast of the site is also zoned PD-C and will contain a mix of residential and commercial uses. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The rezoning of the subject property to the “PD-C” District will better match the proposed uses for the property. The intent of the “PD-C” District is to provide a means of achieving greater flexibility in the development of properties and to accommodate a variety of uses. The proposed uses and the timing of the current user vacating the premises requires Planned Development zoning. The proposed “PD-C” District meets the intent and purpose of the UDO. 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 uses of the property that are complementary and compatible with the adjacent neighborhood. Most of the surrounding area is already developed and adequate off-street parking will be provided in the parking lot across N. 4th St. The proposed “PD-C” District fits into the surrounding neighborhood, with similar zoning existing to the west (DeKalb Library) and southeast (Agora Tower). 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 “RC-1” Residential Conservation District – Public. Page 3 of 5 Rezoning the property to the “PD-C”, Planned Development Commercial District will allow the art studio, exhibit space and accessory uses to be established along with the continuation of the church. In addition, the “PD-C” zoning will allow uses on the property that will be compatible with the surrounding neighborhood. 5. Adequate public facilities and services exist or can be provided. Adequate public services and utilities are already provided to the subject property. A total of 36 off-street parking spaces are provided in the lot across N. 4th St. In addition, there is public parking to the southwest of the site within walking distance. Adequate sidewalks and streets surround the site and will easily accommodate the impacts of the proposed rezoning. IV. PUBLIC INPUT The City received a Public Response Form from Jon Delano of 223 N. 4th St. (Delano’s Home Decorating) indicating support for the request. V. CONCLUSIONS AND RECOMMENDATION 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 311-317 N. 4th St., 321 Oak St. and the associated parking lot from the “RC-1” Residential Conservation District – Public to the “PD-C”, Planned Development Commercial District per the standards in Exhibit A. Page 4 of 5  Exhibit A Planned Development Standards Permitted Uses: Art studio, exhibit space and associated uses. Retail space associated with the art studio shall not exceed 1,000 sq. ft. Church and associated uses until August 31, 2023. Bulk Regulations/Landscaping/Parking/Open Space: Any necessary waivers to the UDO are approved for the subject site, including a Planned Development under 2 acres. Setbacks, building lines, site coverage, building dimension limitations, height restrictions, parking, landscaping and other similar restrictions and regulations shall only apply to future improvements and shall meet the standards as set forth in the “GC” and “PD-C” Districts of the UDO along with the Building Code. Page 5 of 5 8/3/22 Rezoning Request I am seeking to petition for change of the existing zoning of RC-1 to PD-C for Parcel #0823154006 located at 311 &317 n. 4th St. and 321 Oak St. DeKalb, IL. 60115. The request is being made to accommodate the proposed development of an art studio and exhibit space. EggToy Studios Design Inc has been a creative force in public space and hospitalities industry for over 20 year. Sought after specifically for our reputation of integrity with our attention to detail in both the creative collaborations with our clients, and dedication to quality crafted work. Though the proposed use zoning is non-conforming to the existing zoning, I feel our vision for development is in line with DeKalb’s vision of the future for the city and it residents. Our influence extends to our client base that travel from all over the country to visit our facility, pulling in high end design firms and nationally awarded developers including: Graduate Hotels, Four Seasons Resort, Core Spaces ( the most awarded and influential student housing developer in the country). From international brand giants like Amazon and Gibson Guitars, to local icons like Upstaging, Chicago Fire Soccer, Chicago Cubs, and Chicago Blackhawks. EggToy Studios Design Inc. prides itself on being a net positive in any community seeking creativity and innovation while valuing integrity and investment. We believe strongly in the investment of our facility and capability, but feel even stronger in the investment of our community and those in it looking to make an impact. We currently employ 2 accomplished artists from DeKalb. EggToy Studios also has a relationship with Kishwaukee college for over 8 years in which we have interned many students. Some have continued on in the design and building industry. One former student is in his fourth year of employment with EggToy Studios, and now fills one of our top fabrication positions. We maintain a staff of around 9-7 people and have very little additional traffic, on a daily basis. We aim to not only preserve a building at risk of neglect, but to improve its desirability to the community. Attached is a 6 month transformation of a few rooms in our Sycamore Studio. Also attached is a noted floor plan to show the breakdown for some of space being considered.  Upon purchase of the property it is agreed that the church will be allowed to remain until August of 2023. If at any time that date requires extension there will exist an option to extend. Like wise any item the church lists as “not included with the property” that require special attention to move can be accommodated with additional time to remove or transport. I have no interest in seeing any items of importance left behind do to being rushed. Thank You for your time and considerations, please feel free to call or email to further discuss any proposed items. Jacob Tennant 630.290.1470 jacob@eggtoystudios.com IG@eggtoystudios 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, September 6, 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 Jacob Tennant, EggToy Studios Design, Inc, for approval of the rezoning of the site at 311-317 N. 4th St. and 321 Oak St. (First United Methodist Church) and associated parking lot from the “RC-1” Residential Conservation District - Public to the “PD-C” Planned Development Commercial District in order to accommodate the future development of an art studio and exhibit space. The subject site is 1.1 acres and has Parcel Identification Numbers of 0823154005, 0823154006 and 0823180020. 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, September 6, 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  FOR SALE 311 & 317 N 4th St. and 321 Oak St. DeKalb, IL 60115 > $500,000 Pr o p e r t y Fe a t u r e s Church, parsonage, 2 story education building and 36 stall parking lot. 31,592 sq ft plus an additional 8,590 sq ft basement/storage. Offered “As Is” Located near DeKalb’s central business district. Zoned RC- 1 Church would consider a sale lease back. Occupancy estimated 1st qtr 2023. Denise Weinmann, CCIM, SIOR Mark Sawyer, Broker dweinmann@rvgcommercial.com msawyer@rvgcommercial.com 815-739-9382 Cell / 815-754-4000 Off 815-757-1650 Cell / 815-754-4000 Off INTERIOR PICTURES 311 N 4th Streeet DeKalb, IL 60115 LOCATION 311 N 4th Street DeKalb, IL 60115 Property 3 parcels = 1.1 acres MOL Paved & striped parking lot has 33 parking spaces plus 3 ADA spaces. Floor plans available for all levels Many of the stained glass windows are included.