Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, October 3, 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. September 19, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Thomas Inboden for approval of a variance to Article 13.06.04 of the Unified Development Ordinance in order to incorporate a 50 sq. ft. electronic changeable copy sign (electronic message center) on an existing legal non-conforming ground sign at 1106 N. 1st St. (Inboden’s Meat Market). 2. Minor Subdivision – Approving a Final Plat of Subdivision for Park 88 Unit 5 along Macom Dr. (Park 88 Group, LLC). 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 September 19, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION September 19, 2022 The Planning and Zoning Commission held a meeting on September 19, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, 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: Steve Becker, Trixy O’Flaherty, Maria Pena-Graham, Shannon Stoker, Bill McMahon, and Chair Max Maxwell. Jerry Wright was absent. City Manager Bill Nicklas and Planning Director Dan Olson were present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the September 19, 2022, agenda as presented. Mr. McMahon motioned to approve the agenda as presented. Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. September 6, 2022 –Chair Maxwell requested a motion to approve the September 6, 2022, minutes as presented. Mr. McMahon 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 – A petition by the City of DeKalb for approval of rezoning, upon annexation, from the “SFR1” Single-Family Residential District to the “HI” Heavy Industrial District for the Afton Road Right-of-Way from E. Gurler Road to Keslinger Road. Planning Director Olson went over the staff report dated September 15, 2022, and stated the City is requesting to rezone the Afton Road Right-of-Way from Gurler Road to Keslinger Road. Mr. Olson covered the history of this roadway and stated a portion of Crego Road between Gurler Road and Keslinger Road had to be vacated with the development of the Meta Campus, so a new north-south road (Afton Road) was created. He added Afton Road needs to be annexed into the City and then rezoned to the Heavy Industrial District “HI”. Planning and Zoning Commission September 19, 2022 Page 2 of 4 Mr. Olson discussed the findings of fact in the staff report and stated the City recommends approval of this request. He said there were no public comments submitted to the City for this matter. Chair Maxwell stated there was nobody present for comments from the public. Chair Maxwell asked if there were any questions from the Commission members in which there were none. Ms. O’Flaherty stated that based on the submitted petition and testimony presented, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning of the Afton Road Right-of-Way from E. Gurler Road to Keslinger Road, upon annexation, from the “SFR1” Single-Family Residential District to the “HI” Heavy Industrial District. Mr. McMahon seconded the motion. A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena - Graham - Yes, Ms. Stoker – Yes, Mr. McMahon – Yes, Chair Maxwell – Yes. Jerry Wright was absent. Motion passed 6-0-1. F. CONSIDERATIONS Planning Director Olson started out by thanking the Commission for their hard work and informed them this is a follow-up discussion since the approval of the Comprehensive Plan in August. Mr. Olson informed the Commission the objectives and goals laid out in the Comprehensive Plan need to be discussed along with a plan to implement. Mr. Olson said amendments to the Unified Development Ordinance and items on affordable housing need to be addressed by the Commission and perhaps other groups. He stated one objective is to encourage planned developments along principal corridors involving site plan review by the Commission. Mr. Olson stated this could be done, in part, by removing the minimum lot size of two acres for Planned Developments. Planning Director Olson touched on reviewing Article 7 for installing buffers, fencing or landscaping, between industrial and commercial uses. Mr. Olson went on to discuss commercial areas such as DeKalb Market Square and Northland Plaza, and to look at the variety of uses in these shopping centers. He added non-retail uses and residential options have located in these areas and there may be more. Mr. Olson stressed the Commission consider looking into restrictions on dwelling units and review the list of permitted and special uses in these areas. Mr. Olson reiterated a possible need for an “overlay” zoning district for South Fourth Street between Taylor Street and Fairview Drive due to the development south of I- 88. He informed an overlay district covers a certain area with additional regulations, usually stricter than the UDO, but particular to the specific area. He stressed parking regulations need to be looked at related to the actual demands of certain uses. Planning and Zoning Commission September 19, 2022 Page 3 of 4 Mr. Olson explained all the zoning districts will be researched along with their associated permitted and special uses. He stated the Commission should look into changing special uses to permitted uses if the City is approving the special use on a regular basis. Chair Maxwell asked if areas along East Lincoln Highway could possibly be assigned dual use or be dual zoned to encourage more development. Planning Director Olson responded this could be looked into. Mr. Olson continued his discussion with affordable housing and said allowing a higher density and smaller lot and home sizes could aid in more affordable housing. City Manager Nicklas stated a study was done in March for affordable housing but explained now is not the right time to do a study on this topic since the market is volatile. He informed the Commission the hope is to gather data in the first quarter of 2023. Maria Pena-Graham said building homes right now is expensive and she does not see the prices coming down. Ms. Pena-Graham spoke on her idea of building condos at the old Campus Cinema site at Blackhawk Rd. and Hillcrest Dr. She stated condos are affordable and are owner occupied. City Manager Nicklas replied condos are a good option and said the City Council will start publicizing ideas for the area at Blackhawk and Hillcrest sometime this fall. He hopes a core list of uses will be prepared by the end of the year. Steve Becker spoke on hundreds of acres of land dedicated to unattached, single- family, patio style homes in Indiana as an option for affordable housing. Mr. Nicklas added the average median home income in DeKalb is in the low $50,000’s which is not conducive for citizen’s being able to buy homes. Planning Director Olson explained the increase of agriculture use in the updated plan in the 1 ½ mile planning area. He also noted goals such as connecting streets can be addressed when development projects are submitted for review. Mr. Olson spoke on the recent mixed-use developments and the possibility of adding an institutional zoning district to the UDO. Chair Maxwell inquired if there is any way to promote the changes and updates that are being made to the Comprehensive Plan. City Manager Nicklas responded Management Analyst Scott Zak can do this by posting information to our social media platforms and website. Ms. O’Flaherty said starting with proposing amendments to the parking requirements seems like a good starting point. Mr. Becker stressed the signage coming into and leaving the City needs to be focused on. He added it is a simple marketing tool to attract people to our city. Chair Maxwell questioned if there were restrictions on billboards, which are a great way to advertise City business to motorist along the tollway. Planning and Zoning Commission September 19, 2022 Page 4 of 4 Planning Director Olson stated the UDO prohibits signage that advertises something that is not located on the property. Mr. Becker stated signage on exits coming into DeKalb could be a possibility. City Manager Nicklas added as other developments come in adjacent to I-88, signage may be requested that exceeds the UDO maximums. Mr. Olson noted the UDO does allow higher signs along the Tollway. He stated he has been unsuccessful with talks with the Tollway Authority for signage promoting DeKalb business and attractions. G. REPORTS None at this time. H. ADJOURNMENT Ms. Pena-Graham motioned to adjourn, Ms. Stoker seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:33 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT September 29, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Sign Variance –1106 N. 1st St. – Inboden’s Meat Market I. GENERAL INFORMATION A. Purpose The addition of an electronic changeable copy sign (electronic message center) on an existing legal non-conforming ground sign B. Location/Size 1106 N. 1st St./.86 acres C. Petitioner Thomas K. Inboden D. Existing Zoning “GC” General Commercial District E. Existing Land Use Grocery/Meat Market F. Surrounding Zoning and Land Use North: “SFR2”; Single-Family Residences South: “GC”; Various Commercial Uses East: “LC”; Various Commercial Uses West: “TFR” Two-Family Residences G. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The petitioner is requesting a variance to Article 13.06.04 of the Unified Development Ordinance (UDO) in order to incorporate a 50 sq. ft. double-faced electronic changeable copy sign (electronic message center) on an existing legal non-conforming ground sign at Inboden’s Meat Market at 1106 N. 1st St. The existing ground sign is legal non- conforming in relation to height and size. The existing sign is 12 feet high and a total of 70 sq. ft. in size and was constructed in 2008. Per the UDO, the maximum size allowed for a ground sign for one tenant is 10 feet in height and 50 sq. ft. in size. The applicant proposes to replace the existing sign above the brick base and add an electronic message center to the sign that will be 50 sq. ft. or about 71% percent of the overall sign size. The overall size of the sign will remain at 70 sq. ft. The maximum size for electronic changeable copy signs is 50% of the allowable sign area or 40 sq. ft., whichever is less. On March 23, 2020 the City Council approved several amendments to the sign regulations including allowing electronic changeable copy signs with a sign permit as long as the sign met the requirements in the UDO. Electronic changeable copy signs had previously been prohibited in the UDO and only allowed with a special use permit or through a Planned Development process. Another amendment to the UDO was to allow an applicant to apply for a sign variance if they needed a waiver from the regulations. The regulations for electronic changeable copy signs state the signs shall not exceed 50 percent of the permitted maximum sign area of a ground sign or 40 sq. ft., whichever is less. The existing ground sign for Inboden’s is non-conforming in size (70 sq. ft. – 50 sq. ft. allowed) and height (12 feet – 10 feet allowed) and the proposed electric message center will be 50 sq. ft. (UDO allows 50% of allowable sign area or 40 sq. ft., whichever is less). The UDO amendments regarding electronic changeable copy signs also included a minimum of five (5) seconds between message changes, limits on message movements and transitions and lighting limitations. The applicant has indicated in their supporting documentation they will comply with all the regulations for electronic changeable copy signs in the UDO. The petitioner notes in their submittal, they are requesting the electronic message center in order to make the sign easier to read and increase the aesthetics in front of the building. They also cite safety, time savings and commercial benefits as reasons for the change to an electronic message center. There are no electronic message center signs in the area, however, there are other commercial ground signs in the area that are taller and as large or larger than the Inboden’s sign. Those signs include the Circle K Gas Station (includes electronic gas price sign), Hillcrest Dr. Strip Center, Studio One and Century 21. A variance was granted for the First National Bank of Omaha at 121 W. Lincoln Highway in 2020 so they could have a 40 sq. ft. electronic message center on an existing sign that was almost 30 feet high and a total of 100 sq. ft. in size. III. 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: Page |2 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. The existing sign is allowed to continue per the regulations for legal non-conforming signs in the UDO. There has been a trend for businesses to transition from manual changeable copy signs to electronic changeable copy signs (electronic message center) in order to convey their message. The City granted four special use permits for electronic changeable copy signs since 2016 including two for schools, one for a church and one for an automobile dealer. A variance was granted for the First National Bank of Omaha at 121 W. Lincoln Highway in 2020 so they could have a 40 sq. ft. electronic message center. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The current sign was constructed in the 2008 and met the sign regulations at the time. The evolving technology of digital display signs has changed, and they have become more necessary and desirable for businesses to convey their message. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The existing sign was constructed in the 2008 per the City’s regulations at the time. The City approved several amendments to the sign regulations in 2020 including allowing electronic changeable copy signs with a sign permit as long as the sign meets the requirements in the UDO. There has been a trend for businesses to transition from manual changeable copy signs to electronic changeable copy signs (electronic message center) in order to convey their message. The City has granted four special use permits for electronic changeable copy signs since 2016 including two for schools, one for a church and one for a car dealer. A variance was granted for the First National Bank of Omaha at 121 W. Lincoln Highway in 2020 so they could have a 40 sq. ft. electronic message center. 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. The sign was constructed in 2008 meeting the sign regulations as the time. The City has granted four special use permits for electronic changeable copy signs since 2016. Denial of the proposed variance will deprive the applicant the use if their property in a manner equivalent to other electronic changeable copy signs in the City. A variance was granted for the First National Bank of Omaha at 121 W. Lincoln Highway in 2020 so they could have a 40 sq. ft. electronic message center. 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 Page |3 variance is being requested. There no electronic message center signs in the area, however, there are other commercial ground signs in the area that are taller and as large or larger than the Inboden’s sign. Those would include the Circle K Gas Station (includes electronic gas price sign), Hillcrest Dr. Strip Center, Studio One and Century 21. 6. The proposed variation will not impair and 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 existing sign was constructed 2008 and has not been detrimental to the surrounding area or diminished property values. The sign is in good condition and the addition of an electronic message center will not impair the public health, safety, comfort, morals, or welfare of the surrounding area or the City of DeKalb. The City received three correspondences from nearby property owners indicting their support for the variance request. IV. PUBLIC INPUT The City received an email from Charles and Christine Hacker of 117 Tilton Park Dr. noting their strong support for the variance request. We also received three Public Response Forms from nearby landowners. John and Kathryn Butler of 24 Tilton Park Dr., Covar Properties (Brett Cole) of 120 W. Hillcrest Dr. and Carol Lemay of 1130 N. 1st St. all indicated their support for the proposal. Copies are provided in the background material. V. RECOMMENDATION Per the UDO, decisions to approve or deny variances lie solely with the Planning and Zoning Commission. The staff supports the variance request and would recommend approval. Sample Variation Motion: Based on the submitted petition, testimony presented and findings of fact, I move that the Planning and Zoning Commission approve a variance to Article 13.06.04 of the Unified Development Ordinance in order to allow a 50 sq. ft. electronic changeable copy sign (electronic message center) on an existing legal non-conforming ground sign located on the Subject Property at 1106 N. 1st St. subject to the design, dimensions and location as shown on the sign detail and location map dated 9-9-22 labeled as Exhibit A and subject to the total sign height not exceeding 12 feet. Page |4 EXHIBIT A From: Christine Hacker To: Olson, Dan Subject: Concerning Inboden"s request Date: Tuesday, September 20, 2022 11:27:02 AM [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear Mr. Olson, We live at 117 Tilton Park Dr. We thoroughly support the request for signage... Inboden's is a wonderful business in our neighborhood, with a very long history of being welcoming and helpful, not to mention the exceptional products! We wish Inboden's continued success, in OUR neighborhood! Sincerely, Charles and Christine Hacker LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Monday, October 3, 2022, at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by Thomas K. Inboden for approval of a variance to Article 13.06.04 of the Unified Development Ordinance in order to incorporate a 50 sq. ft. electronic changeable copy sign (electronic message center) on an existing legal non-conforming ground sign at 1106 N. 1st St. (Inboden’s Meat Market). The existing ground sign is legal non-conforming in relation to height and size. The subject site has Parcel Identification Number of 08-14-328-022 and is zoned “GC” General Commercial District. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115 by 12:00 p.m. on Monday, October 3, 2022, or by e-mail to dan.olson@cityofdekalb.com. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission  STAFF REPORT September 29, 2022 TO: Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Final Plat of Subdivision – Park 88 Unit 5 (Park 88 Group, LLC) I. GENERAL INFORMATION A. Purpose Approval of Minor Subdivision Plat to accommodate a future development called Project Verdant B. Owner/Applicant Park 88 Group, LLC C. Location South side Macom Dr., across from the Target Distribution Center II. BACKGROUND AND ANALYSIS The applicant, Park 88 Group, LLC is requesting approval of a Minor Subdivision Plat for a one-lot subdivision consisting of 15.6 acres along the north side of Macom Drive, across from the Target Distribution Center. The intent is to create a lot for a future development called Project Verdant. The use has not been publicly mentioned; however, it is a permitted use in the Park 88 Development Agreement. The preliminary and final plans (engineering, landscaping, architectural elevations) for the Project Verdant site will be submitted at a later date and will require Planning and Zoning Commission and City Council review and approval per the Park 88 Agreement. The Plat has been reviewed by staff and all comments have been addressed. III. RECOMMENDATION Sample Motion: I move that the Planning and Zoning Commission recommend approval of the Plat of Subdivision for Park 88 Unit 5 dated 8-15-22 prepared by Jacob & Hefner Associates as shown on Exhibit A.  EXHIBIT A De Kalb Site Macom Drive Lot 1 1333 Butterfield Road, Suite 300, Downers Grove, IL 60515 PHONE: (630) 652-4600, FAX: (630) 652-4601 www.jacobandhefner.com Illinois Professional Design Firm License No. 184-003073 Exp. 4/30/23 1333 Butterfield Road, Suite 300, Downers Grove, IL 60515 PHONE: (630) 652-4600, FAX: (630) 652-4601 www.jacobandhefner.com Illinois Professional Design Firm License No. 184-003073 Exp. 4/30/23