DeKalb Times

City of Dekalb Planning & Zoning Commission met Sept. 16.

Here are the minutes provided by the commission:

The Planning and Zoning Commission held a meeting on September 16, 2024, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. DeKalb, Illinois. Chair Maxwell called the meeting to order at 6:00 PM.

A. ROLL CALL

Recording Secretary, Olivia Doss, called the roll. Planning and Zoning Commission members present were: Chair Max Maxwell, Maria Pena-Graham, Steve Becker and Trixy O’Flaherty. Commission members Bill McMahon and Jerry Wright were absent. Planning Director Dan Olson was present representing the City of DeKalb, along with City Manager Bill Nicklas and Assistant City Manager Bob Redel.

B. APPROVAL OF THE AGENDA (Additions/Deletions)

Chair Maxwell requested a motion to approve the September 16, 2024, agenda as presented. Ms. O’Flaherty 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. August 19, 2024 – Chair Maxwell requested a motion to approve the August 19, 2024, minutes as presented. Ms. Pena-Graham motioned to approve the minutes as submitted. Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote.

D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)

None.

E. NEW BUSINESS

1. Public Hearing – A petition by the City of DeKalb for approval of the rezoning of the subject site at 2100 Pleasant Street (Southeast corner of Peace Rd. and Pleasant St.) from the “HI” Heavy Industrial District to the “GC” General Commercial District.

Planning Director Dan Olson spoke on behalf of the City regarding the petition to have the City owned property at 2100 Pleasant Street rezoned from the “HI” Heavy Industrial District to the “GC” General Commercial District. Mr. Olson described the 3-acre vacant property as the southeast corner of Peace Road and Pleasant Street near the Airport. He explained most of the surrounding area is currently zoned “HI” Heavy Industrial District, but the 2022 Comprehensive Plan reflects commercial uses for the subject site. A map of the property and surrounding area reflecting the current zoning was shown on the monitor. Mr. Olson pointed out across Pleasant St. from the site is mostly commercial with a variety of uses. He stated he was confident the subject site would fit in well with “GC” General Commercial District zoning regulations. He stated the intent of “GC” zoning district in the Unified Development Ordinance (UDO) is to be located near arterial streets and to accommodate a wide range of retail and service needs.

Mr. Olson confirmed the rezoning will not have a detrimental effect on the surrounding area but will be a catalyst for future development on Peace Rd. and Pleasant St. He added adequate utilities are available and the frontage on Pleasant St. can accommodate future access points. Mr. Olson pointed out any future access from Pleasant Street would be moved further east of the intersection with Peace Rd. and would most likely line up with the current commercial access to the north. He added the City does not anticipate allowing any access from Peace Road to the subject property. Concluding, Mr. Olson confirmed the site meets all the criteria for the rezoning and stated the staff recommends approval.

Mr. Olson mentioned one public response was received via email from the CFO of DeKalb Forge, Lucas Ray. He said the e-mail stated support for the rezoning, but did not want to see any additional cannabis dispensaries. Mr. Olson said he responded back to Mr. Ray noting it’s not proposed to have a dispensary at the location. He added, there are two dispensaries in the City now, and it is unlikely a third would be approved.

City Manager Bill Nicklas also spoke on behalf of the City, giving a brief history of the subject site in relation to the Airport. He spoke about the long-standing Airport Advisory Board (AAB), and their interest in the subject site for commercial development. The development of the airport is a focus of the AAB. Mr. Nicklas discussed the growth of the airport, adding while there has been some corporate freight growth in the last four-five (4-5) years, the intent is for continued growth especially concerning corporate travel. He discussed the new business class hotel (Marriott) on Peace Road just approved by the Planning and Zoning Commission and City Council. He noted while this will provide excellent accommodations for corporate travelers, the Airport does not currently offer any sit-down restaurant options which the City feels is an area of opportunity. City Manager Nicklas ended by explaining the City cannot sell the property, but will be able to do a ground lease for any incoming business.

Commission member O’Flaherty stated the rezoning makes sense to her.

Chair Maxwell stated he is in support of the request. He added he would love to see restaurants and something exciting at the Airport, similar to DuPage Airport.

Mr. Becker stated the subject property is underused area, and it would be nice to see it utilized.

Ms. Pena-Graham added her support noting with the hotel coming, the City will need property to accommodate commercial development. She added she is glad to hear of the future possibilities for the site.

Mr. Maxwell inquired how the southern portion of the site was paved. Mr. Nicklas explained the site was the prior Fix Base Operator with a couple of additional hangars, and the southern portion was paved to allow easier access.

Chair Maxwell requested a motion. Ms. O’Flaherty moved that based upon the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning of the subject site at 2100 Pleasant St., as shown on the Plat of Survey dated 7-9-24 and labeled as Exhibit A, from the “HI” Heavy Industrial District to the “GC” General Commercial District. Commission member Pena Graham seconded the motion.

A roll call vote was taken: Becker – yes, O’Flaherty – yes, Pena-Graham – yes, Maxwell – yes. Commission Members McMahon and Wright were absent. Motion passed 4-0-2.

2. Public Hearing – A petition by the City of DeKalb for miscellaneous text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code.

Planning Director Dan Olson spoke on behalf of the City. Mr. Olson explained he had been working on the amendments for several months. He said the amendments are intended to clean up existing language using actual petitions that come through the Planning and Zoning Commission, current practices and feedback from the City Council and Commission. He directed the Commission to the marked-up Articles contained in the agenda packet.

Mr. Olson described the following changes:

1. Article 5 – Zoning District Regulations

a. Currently, duplex owners like to put a property line down the common wall and sell each dwelling unit in fee simple which is allowed in both the “RC-1” Residential Conservation and “TFR” Two Family Residential Districts. The owners are required to obtain a Special Use Permit to do so, and five (5) have been approved since 2018. Mr. Olson explained through the process many have deemed it positive to have an owner-occupied unit instead of a renter and have suggested a more efficient process for approval. The text amendment proposes to delete the requirement for the Special Use Permit which will remove the filing fee ($500.00) needed to obtain the Permit. However, Mr. Olson confirmed the seven (7) conditions contained in the UDO, including approving a Plat of Resubdivision, meeting the minimum lot size requirements, and having separate utilities for each unit will remain. He added a Minor Plat of Resubdivision does not require a Public Hearing, so those can be added to the Commission agendas quickly.

b. Mr. Olson went on and noted at present, dwelling units are only allowed above ground level in the PD-C District. The proposed amendment would allow ground level dwelling units in the “PD-C” District, such as was recently seen at a property along South Fourth Street that contained an auto repair shop with two homes. Mr. Olson stated the proposed language will be more precise and make it clear owners can request an exemption through the City for the ground level dwelling units. It was noted the City has seen a slight increase in mixed use properties with business having apartments above them.

c. Finally, an amendment is proposed to change the term “Sketch Plan” to “Concept Plan” in the Planned Development Districts. Mr. Olson stated language was added to allow a courtesy mailing to surrounding property owners for Concept Plans, which must be done at least 10 days prior to the Commission meeting where the Plan will be discussed.

3. Article 13 – Signs

a. Mr. Olson said its proposed to reduce the allowable size of a real estate sign in the “CBD” Central Business District from 100 sq. ft. to 50 sq. ft. He added signs for one commercial building can be 10 ft high and 50 sq. ft. and 30 ft high at 150 sq. ft. if the property has three (3) or more tenants. Mr. Olson advised the proposed change is to allow commercial buildings with two (2) tenants a sign of 20 ft. high and 75 sq. ft. instead of the current regulation of a 30 ft. high sign.

b. He discussed how the addition of larger buildings along I-88 prompted a proposed change to the current standards for temporary signs. The proposed amendment would allow temporary signs for buildings over 500,000 sq. ft. at a calculation of 1 sq. ft. of signage per 1 ft. of building frontage with a maximum of 500 sq. ft. He noted the signs would still be in proportion to the building size and would not create any issues. No change is proposed to the timeframe for how long temporary signs can be erected, which is 90 days.

c. Mr. Olson spoke about the current regulations for the height and size of signs located in the area bounded by Fairview Dr., Gurler Road, Peace Road and S. Annie Glidden Rd. He stated the UDO currently allows higher and larger signs in this area including areas 1,320 ft. east of the centerline of Peace Road. He noted this distance would only allow these larger and higher signs to be placed about halfway through the Goldin Property (NE corner of Peace and Gurler Roads), which was annexed in 2023. The proposed change is to expand the area for the larger and taller sign to a distance of 7,000 ft. east of the center line of Peace Road. Mr. Olson added this change would take the area for these signs up to the boundary line agreement with Cortland. He confirmed the area allowed for these larger signs will not change near S. Annie Glidden Road, as the City does not anticipate annexing any further west at this stage.

d. Mr. Olson advised currently, the City does not allow off-site signage for businesses. All signs advertising a business must be on the lot containing the business. The proposed change is to allow off-site signage for businesses that don’t have frontage on a public roadway. Mr. Olson said the size for the off-site signage would be allowed up to 24 sq. ft. and 6 ft. in height. Businesses without frontage must be at least 100 ft. away from the public roadway. He mentioned signs could be added to the lot with the access road or on an existing sign on an adjacent lot. (the size of the sign must remain within the 24 sq. ft. 6 ft. high parameters). Mr. Olson continued by stating business owners must provide written approval from the adjacent landowner to allow the signage, and proof the business is not less than 100 ft. away from a public road. He explained to the Commission the change was prompted by a local business, M.A.R.S., Inc., whose new location (1827 E. Lincoln Hwy) behind G’s R Plubming and Heating created this request for an off-site sign. M.A.R.S. Inc. owner, Michelle Brokop, was in the audience and an aerial view of the business was placed on the monitor to show the Commission an example where this amendment would come into play.

4. Article 14 – Permits

a. Mr. Olson stated a change is proposed to update language to meet current practices regarding Special Use Permits in terms of what the City does and what the applicant is responsible for. The City currently completes mailings for public hearings and concept plans. Public hearing signs are also put up by the City’s Public Works Department, although not required. Additionally, he noted a deposit is no longer required for public hearing signs and an update is needed to the UDO to reflect these practice changes.

5. Article 18 – Appeals and Variances

a. Mr. Olson explained at this time, variances approved by the Commission are only good for six (6) months. After the expiration, an applicant must have a building permit and start construction or must reapply for a variance. The proposal is to change the expiration timeline from six (6) months to one (1) year to obtain a building permit. Mr. Olson did not recommend a longer timeline due to ever changing situations and characteristics in neighborhoods. He pointed out once a permit is issued, an extension can be given by the City’s Building and Code Compliance Division, if necessary.

At this time, Chair Maxwell inquired about the proposed change to Article 13 regarding off-site signage, and asked if there should be a requirement clarifying the City will not allow electronic (digital display) signs for the off-site locations. Planning Director Olson stated he had not considered that, but the language can be added in the motion to approve. Chair Maxwell made an additional comment about not necessarily wanting neon billboards down Lincoln Highway and Mr. Olson agreed it was a good idea to specifically prohibit that, and suggested the language be added to the motion when read.

6. Article 20 – Amendments

a. Mr. Olson stated, presently, there is no formal criteria when considering a text amendment to the UDO. He said a review of comparable communities’ was completed, and the following criteria will be looked at for future text amendments: Is the proposed change consistent with the City’s 2022 Comprehensive Plan, does it meet the intent and purpose of the UDO and existing requirements, does it correct an error or omission or add clarification to existing requirements, is it more workable than the existing text., does it reflect a change in policy, and does it create a lot of nonconformities. He mentioned these points will be added to future staff reports.

In final statements, Mr. Olson advised additional changes may be added over the winter regarding other miscellaneous amendments. He asked the Commission about their interest in looking at amendments regarding fences on corner lots. He added it may be difficult to amend the language regarding corner lots and fences, since every situation is unique. Currently, the variance option gives the Commission the ability to look at each site on a situational basis, as lots vary from neighborhood to neighborhood. He asked the Commission for any input.

Chair Maxwell stated he is in favor of revisiting the code but prefers to review variances for fences on corner lots on a case-by-case basis.

There was additional discussion between Commission members regarding fences on corner lots they have seen this last year. The consensus was to keep the current fence regulations for corner lots and the variance process will allow the case-by-case review.

Mr. Becker and Chair Maxwell thanked Mr. Olson for his work on the text amendments.

Chair Maxwell requested a motion. Ms. O’Flaherty moved that based on the submitted petition and testimony presented, I move the Planning and Zoning Commission recommend to the City Council approval of text amendments to the Unified Development Ordinance attached to the staff report and as indicated in Exhibit A with the addition of the restriction that the allowable off-site signs in the amendments in Article 13 cannot be electronic changeable copy signs. Commission member Becker seconded the motion.

A roll call vote was taken: Becker – yes, O’Flaherty – yes, Pena-Graham – yes, Maxwell – yes. Commission Members McMahon and Wright were absent. Motion passed 4-0-2.

F. REPORTS

Planning Director Olson advised the next meeting on October 7, 2024, will include two public hearings. One for the NIU Center for Greek Life located at the corner of Blackhawk Rd. and W. Hillcrest Dr., and the second by DeKalb Township (2323 S. 4th St.) for a variance for a storage shed and fence.

He added City Council did approve the Final Development Plan for the hotel (Marriott branded) on Peace Road at their meeting on August 26, 2024. Mr. Olson mentioned the owner of the hotel plans to start work soon and conclude in the fall of 2025.

G. ADJOURNMENT

Chair Maxwell requested a motion to Adjourn. Mr. Becker motioned to adjourn, and Ms. Pena-Graham seconded the motion. The meeting adjourned at 6:39 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_09162024-2586