Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, December 5, 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. November 21, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Johnson Oil Co., represented by Kathy Peugh, requesting variances to the UDO to allow a food and beverage cooler within the 50-foot setback when abutting a residential district and parking spaces to encroach in the required setbacks for the property located at 175 W. Lincoln Highway (Shell Gas Station). 2. Plat of Vacation – Portion of East Locust Street and North 8th Street (City of DeKalb). 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 November 21, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION November 21, 2022 The Planning and Zoning Commission held a meeting on November 21, 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: Steve Becker, Trixy O’Flaherty, Bill McMahon, and Chair Max Maxwell. Shannon Stoker, Maria Pena-Graham, and Jerry Wright were absent. Planning Director Dan Olson and City Engineer Zac Gill were present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the November 21, 2022, agenda as presented. Mr. McMahon motioned to approve the agenda as presented. Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. November 7, 2022 –Chair Maxwell requested a motion to approve the November 7, 2022, minutes as presented. Mr. Becker 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 Fisk DeKalb LLC for the approval of the rezoning of the site at 145 Fisk Ave. from the “NC” Neighborhood Commercial District to the “PD- R” Planned Development Residential District in order to accommodate up to 32 apartment units in the existing building, and approval of a preliminary development plan and associated waivers to the Unified Development Ordinance. Jon Sauser, of Fisk DeKalb LLC, mentioned this matter was before the Commission a few months ago for a preliminary review. Mr. Sauser reminded the Commission the historic building has been vacant for decades and is structurally sound for redevelopment, so they do not have to demolish it. Mr. Sauser stated the proposal for multi-family apartments would fit in good with the surrounding neighborhood. Planning and Zoning Commission November 21, 2022 Page 2 of 4 Planning Director Olson covered the Staff Report dated November 17, 2022, and said the applicant is looking to rezone the property and have a preliminary plan approved for a 32-unit apartment building consisting of 23 1-bedroom apartments and 9 2- bedroom apartments. Mr. Olson stated the rent for the apartments would be at market rate and the City’s Comprehensive Plan calls for high-density residential at the site. Mr. Olson presented the history of the building stating the current owner purchased the property in 2006 and was looking to develop luxury lofts. He also noted a developer came forward with a concept plan in 2019 for a boutique hotel. Mr. Olson said neither project went forward. He added the preliminary plan shows a right-in right-out access off Sycamore Road and a full access off Fisk Avenue. He also mentioned there is adequate parking per the UDO and noted one change to the plan was the addition of garages for 16 vehicles. Planning Director Olson explained this was looked on as a favorable project when the previous discussions took place on the concept plan in the Spring of 2022. He mentioned the Commission was in general favor of the project noting they thought it was a good use for the building and liked the preservation of a historic building. Mr. Olson said nearby property owners who spoke at the meeting indicated support of the project since it would be a good use occupying a vacant building which has caused nuisance issues in the past. He addressed concerns of Fisk Avenue changing to two- way traffic and added the street will remain one-way. He also noted that screening between the site and the homes to the east will be done to address concerns from adjacent residents. Mr. Olson said the project is a good use for the vacant building and is compatible with the densities of surrounding apartment buildings and recent multi-family developments. He described amenities that will be provided including a mail room, tenant lounge, exercise room, and a ground level patio. He stated the original plan showed roof top patios which is no longer being proposed. Mr. Sauser stated it is being removed from the plan due to liability concerns. Mr. Olson covered the requested waivers to the UDO including the size of the development, size of the buffer area, parking setbacks, and landscaping requirements. He notified the Commission the applicant will be required to submit a Final Development Plan for Commission and City Council review and approval. Mr. Olson stated the City Staff has reviewed the preliminary plan and meets with their approval. Mr. Olson discussed public comments that were received starting with a letter of support from Robert Carlson, property owner of 418 N. 1st St. and 417/427 N. 2nd St. Gary and Patricia Erickson of 508 DeKalb Ave. had questions regarding the requested parking, Fisk Ave. being one-way, and the 1990’s TIF redevelopment plan. Mr. Olson stated the City provided a response to the Erickson’s concerns and a copy was provided to the Commission. He also mentioned an e-mail was received from Nathan Brooks, of 201 Fisk Ave. stating concerns of trespassers and wanted to make sure there was a fence between his property and the subject site. Mr. Brooks also voiced concerns if a roof top patio was going to be near his home. Planning and Zoning Commission November 21, 2022 Page 3 of 4 Chair Maxwell announced there was one speaker request form received from David and Pamela Kelps. David Kelps, of 205 Fisk Ave, spoke and noted his support for the project. He stated he had questions on fencing which have been addressed and was concerned with a potential roof top patio which was also addressed. Pamela Kelps stated this is the best option they have seen for the building in the 29 years they have lived in the neighborhood. Chair Maxwell asked if there were any additional comments from the public in which there were none. Chair Maxwell asked if there were any questions or comments from the Commission members. Trixy O’Flaherty stated she likes the proposal and all concerns have seemed to be addressed. Steve Becker mentioned he has seen requests like this (apartments in existing buildings) in the past and they all work. He stated he looks forward to seeing the finished product. Max Maxwell said any time you can repurpose a historic structure, it’s phenomenal and he fully supports the project. Bill McMahon inquired on there only being minor changes to the original plan, which was the addition of garages and removing the roof top patio. Mr. Sauser stated that was correct. Mr. McMahon said that addresses the issues that have been brought up. Max Maxwell brought up previous discussion of saving a tree which is located along the east property line. Mr. Sauser said they are looking to save any trees they can. Mr. Olson noted once the final engineering plan is completed, they will know more about the possibilities of saving the tree. Ms. O’Flaherty moved that based on the submitted petitions and testimony presented, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning from the “NC” Neighborhood Commercial District to the “PD-R” Planned Development Residential District for the subject site at 145 Fisk Ave. Approval is also recommended for a preliminary development plan as listed in Exhibit A and subject to the standards listed in Exhibit B of the staff report. Mr. McMahon seconded the motion. A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Mr. McMahon - Yes, Chair Maxwell – Yes. Shannon Stoker, Maria Pena-Graham, and Jerry Wright were absent. Motion passed 4-0-3. F. REPORTS Planning Director Olson announced the next scheduled Commission meeting will be held on Monday, December 5th back at the DeKalb Library. There will be a hearing for Planning and Zoning Commission November 21, 2022 Page 4 of 4 a variance for 175 W. Lincoln Highway which was previously approved by the Commission. He noted due to issues with the contractor, a building permit was not obtained within six months and therefore the variance expired. Mr. Olson stated there will also be a plat of vacation for a part of Locust Street and N. 8th St. in relation to Nehring Electrical’ s expansion plans. He added the Commission will be addressing retail tobacco stores in the future and the language allowing them to be in free standing buildings. G. ADJOURNMENT Mr. McMahon motioned to adjourn, Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:24 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT December 1, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Variances – 175 W. Lincoln Highway (Shell Gas Station) I. GENERAL INFORMATION A. Purpose To allow a beverage and food cooler to encroach within the 50-foot building setback from the rear lot line when abutting a residential district and to allow parking spaces to encroach within the required setbacks in the front, side and rear yards. B. Location/Size 175 W. Lincoln Hwy./.36 acres C. Petitioner Johnson Oil Co. represented by Kathy Peugh D. Existing Zoning “GC”, General Commercial District E. Existing Land Use Gas Station with service bays F. Surrounding Zoning and Land Use North: “MFR1”; Single-Family Residential South: “GC”; Commercial, Vacant property East: “GC”; Commercial West: “GC”; Commercial G. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS On May 2, 2022, the Planning and Zoning Commission approved variances for 175 W. Lincoln Highway to allow for the remodeling of the three service bays at the Shell Gas Station at 175 W. Lincoln Highway into a convenience store. The variances approved included permitting two beverage and food coolers to encroach within the 50-foot building setback from the rear lot line when abutting a residential district and to allow parking spaces to encroach within the required setbacks in the front, side, and rear yards. The applicant (Johnson Oil) failed to get a building permit within six months after approval and must re-apply for the variance per the UDO regulations. The site plan has been revised slightly and shows the removal of the smallest cooler and the extension of a proposed privacy fence to better screen the residential area to the north. The applicant is requesting a variance to Article 5.08.04 of the UDO to allow one beverage and food cooler to encroach within the 50-foot building setback from the rear lot line of a “GC” zoned site when abutting a residential district. The cooler will be 22’ x 13’ (286 sq. ft.). The previous plan had another cooler at 9’ x 13’ (117 sq. ft.) but is no longer needed. The cooler will be 11’7” from the north lot line or 38’ 5” within the 50-foot setback. The 50- foot setback from the north property line extends almost to the south end of the existing gas station building. Due to the layout of the proposed convenience store, the cooler must be placed on the north end of the building. There is no room for the cooler on the west side of the building. In addition, the petitioner is requesting a variance to Article 12.03.6 to allow parking spaces to encroach within the required setbacks in the front, side and rear yards. With the remodeling of the building, striped parking spaces will be added to the site. Currently there are no striped spaces or a designated handicap space. The convenience store use will generate five required parking spaces per the UDO. The applicant is proposing to establish eight spaces on the site including a handicap space. Three spaces will be provided at the northeast side of the site, four spaces are planned between the two access points on Park Ave., and a handicap space is proposed on the west side of the site. Vehicles currently park in these areas, however the designation of the spaces will make them safer, allow for better traffic flow and be less confusing for customers. A new four-foot-high fence is proposed along the north side of the site that will sit on top of a two-foot retaining wall. The current fence along the north line is in a state of disrepair. The screening the fence and retaining wall will provide is required per the UDO when a commercial zoned lot abuts a residential zoned lot. The fence will not go all the way to the sidewalk along Park Ave. It will extend to the second parking space to allow adequate visibility for a vehicle exiting the adjacent driveway onto Park Ave., which is one-way northbound. Since the last approval, the proposed fence was extended one more space towards Park Ave., providing more screening but still allowing adequate visibility for vehicles to enter Park Ave. Page |2 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: 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 subject lot is zoned “GC” General Commercial and adjacent to a lot to the north zoned MFR1, Multi-Family Residential. The UDO requires a 50-foot building setback in this case. Only about five feet of the existing building meets the 50-foot setback from the north. The building and site would be rendered useless and not yield a reasonable return if the applicant was only allowed to build an addition meeting the 50-foot setback. Requiring the applicant to meet the setback requirements for the parking spaces would reduce the drive aisles to a width less than allowed under the UDO. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The subject lot is .36 acres and has existed as a gas station for about 56 years and the lot has existed since 1900. The previous property owners purchased the site in 2008 and the current owners in 2022. The Unified Development Ordinance was enacted in 1993 with the current setback standards. The existing conditions of the property and resulting variance request were not caused by the applicant, but rather are due to the size, layout and age of the lot and the existence of the adjacent residential zoned property. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The subject property is a corner lot which limits the area for buildings and parking compared to non-corner lots. The lot is only .36 acres and the 50-foot required setback from the north lot line does not allow for a reasonable area to add onto the existing building and causes an exceptional and undue hardship. 4. The denial of the proposed variance will deprive the applicant of the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. If the applicant constructed the cooler beyond the 50-foot setback from the north property line, they would be at the front of the proposed convenience store and not fit into the proposed floor plan and would further limit the vehicle access around the site. Commercial corner lots are typically made larger in size than non-corner lots so that more yard area is available after the larger setbacks are applied. In addition, the minimum area for out-lots for commercial parcels tend to range from 1 to 1.25 acres. Existing gas stations/convenience stores in the W. Lincoln Highway corridor have a larger lot size than Page |3 the subject site and include Hickey’s Marathon (218 W. Lincoln - .40 acres), BP Amoco (920 W. Lincoln - .57 acres) and Marathon (125 N. Annie Glidden – 1.29 acres). 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. The proposed cooler will be 22’ x 13’ (286 sq. ft.). The cooler will be 11’7” from the north lot line or 38’ 5” within the 50-foot setback. The cooler will take up a small portion of the rear yard of the site and will not alter the character and scale of the structures in the area in which the variance is being requested. 6. The proposed variation will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. The construction of the cooler as proposed will not impair an adequate supply of light and air to adjacent properties. Furthermore, the cooler will not impair the public health and safety and will not have a negative impact on the surrounding neighborhood and will not impede traffic or cause any safety issues. IV. PUBLIC INPUT As of the posting of the agenda on December 1 the City has not received any public input. V. RECOMMENDATION Per the UDO, decisions to approve or deny variances lie solely with the Planning and Zoning Commission. The staff supports the request since there are no changes from the last approval that increased the encroachments in the setbacks. A sample motion is below. 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 5.08.04 of the Unified Development Ordinance (UDO) to allow a beverage and food cooler to encroach within the 50 foot building setback from the rear lot line when abutting a residential district and from Article 12.03.6 of the UDO to allow parking spaces to encroach within the required setbacks in the front, side and rear yards for the property located at 175 W. Lincoln Highway as shown on the site plan dated 11-16-22, labeled as Exhibit A. Page |4  EXHIBIT A STL COLUMN, RE: STRUC STL BASE PL, RE: STRUC EXST CONC SLAB, SAW CUT & NEW EXTERIOR COMMERCIAL REMOVE PORTION TO ALLOW FOR COOLER COOLER INSTALLATION PROVIDE NEW TS COLUMN, EXTERIOR FINISHES ON EXISTING ANCHOR RODS W/ EPOXY, RE: CONTRACTOR TO VERIFY BUILDING TO REMAIN DURING INITIAL STRUC ADEQUATE CLEAR OPNG FOR COOLER INSTALLATION/DEMOLITION 4"MIN. REINF CONC SLAB W/ NEW COOLER INSTALLATION, 23'-2"± PHASE OF PROJECT TURNDOWN, RE: STRUC RE: BASE DTL 9/A1 ℄ 22'-6" ℄ EXST CONC FOUNDATION, DEMO TOP PORTION AS NECESSARY FOR NEW SLAB POUR 10MIL POLY VAPOR BARRIER REMOVE ALL SOFT BACKFILL & REPLACE W/ COMPACTED GRAVEL FILL 4x4 TREATED WOOD POSTS - 18" DEEP EMBED MIN. IN CONC, BEVEL TOP OF POST 1x6 CEDAR PLANKS 4'-0" TALL W/ BOTTOM 1" ABOVE CONC (TYP) SECTION DETAIL 9 SCALE: 3/4" = 1'-0" 2x6 TREATED WOOD NAILER AT TOP PROPOSED FLOOR PLAN LAYOUT 6"DIA GALV. STL AND BOTTOM COLUMN - FILL W/ SHOWN FOR INFORMATIONAL CONCRETE (ROUND AT PURPOSES ONLY - FINAL LAYOUT TBD TOP & PAINT FINISH) 42" EXST ROOF STRUCTURE PROVIDE TEMPORARY EXT FINISH REINF CONC RETAINING CONCRETE BOLLARD SIMILAR TO EXST WALL & FOOTING, RE: 6" 6" 6" FOUNDATION STRUC GRADE REPLACE EXT SHEATHING & EXST STL BEAM BUILDING WRAP AS NECESSARY EXPANSION JT 2'-0"± 1 " EXPANSION JOINT DRAINAGE AGGREGATE 2 MATERIAL & CAULK INTERIOR FINISH, TBD FLASHING PER COOLER MFR W/ FILTER FABRIC NOTE: FLOOR PLAN VARIES INFILL MTL STUD FRAMING MEMBRANE ROOFING PER COOLER 4" DIA. DRAIN PIPE, EXST CONC DRIVE, PATCH & REPAIR AS NECESSARY BEFORE COMMENCEMENT OF ANY DEMOLITION WORK, 3 SCALE: 1/8" = 1'-0" MFR PROVIDE DRAINAGE CONTRACTOR TO VERIFY THAT PROPOSED DEMOLITION NEW STL COLUMN W/ CAP & TAPERED INSULATION PER COOLER OPENING/WEEPS ABOVE DOES NOT REQUIRE THE REMOVAL OF ANY TIE RODS OR PORTION OF EXTERIOR CMU WALL TO BE REMOVED, BASE PLATE TO SUPPORT EXST MFR GRADE @ 24"MAX. OTHER WIND RESISTING ELEMENTS CONTRACTOR TO COORDINATE OPENING STL BEAM ABOVE, RE: STRUC DIMENSIONS WITH COOLER REQUIREMENTS & STL COOLER ROOF NEW STL BEAM - BEAR ON STL COLUMN INSTALLATION 24" COLUMN EA END, RE: STRUC 23'-2"± PROVIDE TEMPORARY SHORING FOR CEILING BEAM COOLER CLOSURE STRIP PRIOR TO ANY DEMOLITION PROVIDED BY COOLER MFR APPROXIMATE LOCATION OF CEILING SUPPORT COOLER BEAMS TO REMAIN 6" BOLLARD DETAIL SECTION DETAIL RETAINING WALL 10 SCALE: 3/4" = 1'-0" 8 SCALE: 3/4" = 1'-0" 6 SCALE: 3/4" = 1'-0" ENTIRETY OF INTERIOR SLAB TO BE (3) PINTLE GATE HINGE REMOVED - ALL INTERIOR, NON-LOAD BEARING WALLS TO BE REMOVED - 4x4 TREATED WD POSTS COOLER WALL ALL FINISHES TO BE REMOVED AND 2x6 TREATED WD COOLER FLOOR SYSTEM SURFACES PREPARED FOR NEW NAILERS & BRACING PROVIDED BY COOLER MFR FINISH 8'-0" 601 West Third St. 815.217.2303 1x6 CEDAR PLANKS EXST CONC SLAB, SAW CUT & REMOVE PORTION TO ALLOW FOR McCLOUD (2) DROPPINS & HOLES COOLER INSTALLATION FOR OPEN & CLOSE A R C H I T E C T U R E 4" 4"MIN. REINF CONC SLAB W/ 4 1/2" TURNDOWN, RE: STRUC aomc3@aomc3architects.com Sterling, IL 61081 ELEVATION ASSOCIATES, EXST CONC FOUNDATION, VERIFY REQUIRED DEPTH LLC DEMO TOP PORTION AS W/ COOLER MFR EXISTING WINDOW & OVERHEAD EXISTING STOREFRONT SYSTEM TO 1"x6 ROUGH SAWN CEDAR NECESSARY FOR NEW DOORS TO REMAIN DURING INITIAL DEMOLITION PLAN REMAIN DURING INITIAL COOLER FENCE BOARDS SLAB POUR 10MIL POLY VAPOR BARRIER COOLER INSTALLATION/DEMOLITION PHASE OF PROJECT 2 SCALE: 1/8" = 1'-0" INSTALLATION/DEMOLITION PHASE OF PROJECT 2x6 TREATED WOOD NAILER REMOVE ALL SOFT AT TOP AND BOTTOM BACKFILL & REPLACE W/ 3/4" COMPACTED GRAVEL FILL 1 1/2" 858 86 PARK AVENUE 512" 312" 512" 3/4" 4 SECTION DETAIL SHADOW BOX DETAIL 5 SCALE: 1-1/2" = 1'-0" TRASH 862 HARRISON ST 862 ENCLOSURE 860 18'-4"± NEW 2'H SITE RETAINING WALL W/ 4'H PRIVACY 864 EXISTING ROOF STRUCTURE 22'-0" FENCE, 12" SOUTH OF STEEL COL. BOLLARDS FILLED W/ MTL STUD INFILL ABOVE BEAM PROPERTY LINE 13'-0" CONCRETE (PAINT) - SEE BOLLARD 8 DETAIL 10/A1 A1 CONTRACTOR TO PROVIDE EXTERIOR FINISH NEW COOLER 12" MINIMUM OFF SCREEN SIMILAR TO EXST FOR WEATHERPROOFING DURING 9'-0" INITIAL PHASE OF PROJECT EXISTING BUILDING TYP. TO REMAIN PROPOSED 24'-0" NEW STL BEAM TO BEAR ON NEW STL COLUMNS @ PARKING A Building Renovation for: 4'-0" 3'-0" EA END APPROXIMATE JOHNSON OIL PROVIDE FLASHING PER COOLER ROOF LOCATION OF 27'-4"± INSTALLATION INSTRUCTIONS PROPERTY LINES 11'-0" DUMPSTER SINGLE PLY ROOF MEMBRANE OVER TAPERED INSULATION PROVIDED BY COOLER MFR 20'-0" EXISTING FUEL TYP. 1x6 CEDAR PLANKS 8'-0" TALL W/ PROVIDE FLASHING PER COOLER ROOF CANOPY TO REMAIN 20'-0" BOTTOM 4" ABOVE GRADE (TYP) INSTALLATION INSTRUCTIONS 100'-0" EXTERIOR COOLER FINISH TBD, VERIFY W/ OWNER PROPOSED H/C DROP PIN HOLES COOLER FF PARKING SPACE 2x6 TREATED WOOD NAILER AT INSULATED COOLER FLOOR 11'-0" TOP, CENTER AND BOTTOM 99'-7-1/2" VERIFY PROVIDED BY COOLER MFR T.O. SLAB 5'-0" COMMERCIAL EXTERIOR 10'-0" CLEAR COOLER (U.S. COOLER) 28'-6"± 4x4 TREATED WOOD POSTS - SET 6 4" REINF CONC SLAB & IN 12"x12"x30" DEEP CONCRETE A1 PERIMETER GRADE BEAM BEVEL TOP OF POST ON VAPOR BARRIER CONCRETE PAD 9'-0" CEDAR PLANK 6' WIDE GATES 5" THICK x 14'-0" WIDE W/TRD. 2x6 NAILERS/BRACE ON 4" GRAVEL BASE SUPPORTS @ SLOPE TO DRAIN TOP/CENTER/BOTTOM W/DIAGONAL BRACE 5 DROP PIN HOLES A1 NEW RETAINING WALL W/ PRELIMINARY 12'-0" PORTION OF EXST SLAB & PRIVACY FENCE LINCOLN HIGHWAY PLANS - FOUNDATION TO BE REMOVED AS 1'-0" PLAN NECESSARY, FIN FLOOR ELEV OF NOT FOR COOLER FLOOR TO BE LEVEL CONSTRUCTION WITH INTERIOR FIN FLOOR PARKING SPACE REQUIREMENT: N TRASH ENCLOSURE COMPACTED GRAVEL FILL SECTION BUILDING SF = 1,300 SF / 250 SF = 5 SPACES MIN. SITE PLAN 7 SCALE: 1/4" = 1'-0" 4 SCALE: 1/4" = 1'-0" PARKING SPACES PROVED: 1 H/C SPACE + 7 PARKING SPACES 1 SCALE: 1" = 30' A1  JOHNSON OIL CO 1305 12th Ave. Rock Falls, IL. 61071 815-625-6380 kpjooil@comcast.net Oct. 31, 2022 Dan Olson Planning and Zoning Commission 164 E Lincoln Highway DeKalb, Il 60115 RE: Variance 175 W Lincoln Highway, Dekalb, Il 60115 Dear Mr. Olson and Planning Commission: I am applying for the variance so that we can put a walk in cooler out the back of the store. The cooler would extend 13 ft. out the back of the store. It would be 11’7”ft. from the property line. This addition is necessary to convert this location from an auto repair shop to a modern convenience store. The fence at the back is crumbling. We plan on putting a new 12” concrete retaining wall 1’0” South of property @24 “above grade w/4’ privacy fence above that. We will have 8 parking places, and one handicapped. I am also submitting a summary of how I think the variance will meet the conditions of items C and D in the variance application. It will not impair the light or air to the adjacent property. I don’t feel it will diminish the property values in the surrounding area, because it will be clean and new. It will not change the congestion on the streets, nor increase the danger of fire. This location is now a gas station with an auto repair shop in the building. We want it to remain a gas station but convert the building to a modern convenience store. Other than the addition of the cooler in the back, the footprint will remain the same. Thank you for your consideration. Sincerely, Kathy Peugh Johnson Oil/Expresslane 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, December 5, 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 Johnson Oil Co. represented by Kathy Peugh requesting a variance to Article 5.08.04 of the Unified Development Ordinance (UDO) to allow a beverage and food cooler to encroach within the 50 foot building setback from the rear lot line when abutting a residential district and from Article 12.03.6 of the UDO to allow parking spaces to encroach within the required setbacks in the front, side and rear yards and approval of other such variations or relief as required to accommodate the proposed request on the subject property, which is located at 175 W. Lincoln Highway (Shell Gas Station), has Parcel Identification Numbers (PIN’s) of 08-22-277-019 and 08-22-277-020 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, December 5, 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  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT December 1, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director Zac Gill, City Engineer RE: Plat of Vacation – E. Locust St. and N. 8th St. BACKGROUND AND ANALYSIS On October 10, 2022, the City Council approved a Redevelopment Agreement with the Nehring Electrical Works Company located along E. Locust St. Nehring has been making stranded wire on E. Locust Street for 110 years and has a workforce of approximately 175. The Agreement is a creative approach to the redevelopment of an industrial area which has long roots in the City. The City has been working with Nehring for over a year on alternative paths to a neighborhood solution for traffic congestion and limited on-street parking. Nehring Electrical Works Company started in 1912 and occupies several buildings along the north and south sides of E. Locust St. between N. 7th St. and just to the east of N. 11th St. In 2021 they built an employee parking lot at the southwest corner of E. Locust Street and N. 11th St. This past summer they purchased industrial-zoned lots at the corner of N. 8th St. and W. Lincoln Highway (former Virgil Cook Property) for additional wire spool storage. The company has made recent investments which promise further growth in production and greater wire storage needs. The Company’s growth has rubbed up against neighboring properties, which include primarily industrial or commercial-zoned properties between N. 7th St. and N. 10th St., and residential-zoned properties east of N. 10th St. Over the last year the City has been working with Nehring Electrical to find a solution to frictions with neighboring property owners over tractor trailer conflicts with passenger vehicles, limited on-street parking, and night-time noise. In the past, the focus of City efforts has been in the enforcement of traffic and parking ordinances, however the parties agreed that something more was needed than code enforcement. Given the Company’s expanding investment in adjoining properties, the solution turned to the creation of a “campus” that would more effectively insulate both the Company and neighboring properties from potential conflicts. The City agreed to vacate portions of its adjacent street areas to create, in effect, additional and non-conflicted parking and loading areas. The Agreement calls for the vacation of E. Locust Street from N. 7th St. to N. 10th St. to create a private parking area where tractor trailers loading and unloading will not conflict with other vehicular traffic; vacation of the alley immediately west of the former Virgil Cook properties; and vacation of N. 8th St. from E. Lincoln Highway to E. Locust Street for unrestricted use by Nehring since the short street section will no longer serve other vehicular traffic. The vacation of the two streets and alley will relieve the City of future maintenance responsibilities such as snowplowing and filling potholes. The Agreement does require the repaving of E. Locust St. by the City prior to turning over the street to Nehring. The UDO requires the Planning and Zoning Commission review Plats of Vacation and make a recommendation to the City Council. The Agreement also called for the rezoning of the Nehring Properties to the PD-I District, which will be presented to the Commission in the future. RECOMMENDATION Sample Motion: I move that the Planning and Zoning Commission recommend approval of the Plat of Vacation for E. Locust Street and N. 8th St. dated 11-15-22 prepared by Fehr Graham Engineering & Environmental as shown on Exhibit A subject to all necessary certificates being added prior to the recording of the Plat. Page |2 EXHIBIT A  Nehring Operational Vacate UNION PA C IFIC RAIL ROAD ST TH N7 Are a of vac 805 116 a tion : 1. 33 a 813 c res 145 E LO CUS 720 T ST 705 126 119 Sou 810 th s ide 122 side wal k ST N8 from 713 TH 8th 116 Stree 719 t to 10th 816 Stre Cro e s t sh al l r Eas s Acces ema eme s 915 in p nt ubli c. 807 813 ST TH 821 710 N9 825 EL ST Right-Of-Way Vacation INC 116 OLN 831 0TH 722 HW Y N1 126 Existing Nehring Property 730 Potential Nehring Property 120 ST 804 Zone Code TH 901 Single-Family Residential 2 S8 116 Two-Family Residential 808 812 Multi-Family Residential 1 119 816 Light Commercial 921 General Commercial T 114 HS Light Industrial Heavy Industrial 121 830 S 9T 927 File: \ArcPro\Admin\Nehring.aprx Created: 9/15/2022 DJE : 0 37.5 75 150 225 300 Feet  Nehring Properties OAK ST 213 1104 255 1120 N 9TH ST 900 E LOCUST ST 1008 220 ST N7 TH 241 230 UNION P ACIFIC R AILROAD 240 0823281017 805 116 0823328012 813 ST 145 0823401005 720 705 119 126 N 10 0823328005 ST 810 TH 122 0823328006 TH 1105 713 116 0823404009 E LO 1005 0823402009 719 N8 CUS 1007 1009 0823403007 816 T ST 0823328007 0823330005 915 ST 807 813 821 TH 0823403006 710 825 N9 116 128 722 831 1115 126 730 120 1010 804 1018 901 1024 116 808 812 1030 119 816 921 114 121 830 927 0823406007 1110 822 EL ST 1116 122 Nehring Property 120 INC 1003 1112 1124 725 111 904 OLN 1TH T 910 HW 1009 1132 1200 129 Y N1 TH 113 912 1019 1134 Zone Code S 801 922 805 928 S8 Single-Family Residential 2 809 T 112 110 815 TH 916 1103 722 Two-Family Residential 817 S 1004 1109 724 730 821 ST 1115 Multi-Family Residential 1 825 S9 120 1010 GRO 1014 1016 1121 829 Light Commercial VE 0TH 1127 206 806 ST 1022 ST General Commercial 119 S1 1028 1135 808 903 Light Industrial 909 121 1TH 1147 1104 915 1110 212 Heavy Industrial 830 921 120 111 S1 1116 1209 125 1124 File: \ArcPro\Admin\Nehring.aprx Created: 7/13/2022 DJE : 0 100 200 400 600 800 Last Updated: 10/20/2022 DJE Feet