Planning & Zoning Agenda 10-07-2019

AGENDA
CITY OF ROCHELLE
PLANNING & ZONING COMMISSION

Monday, October 7, 2019 @ 6:00 PM



I. CALL TO ORDER

II. ROLL CALL

III. APPROVE/ACCEPT MINUTES pdf 09/16/2019 (108 KB)

IV. PUBLIC COMMENTARY

V. COMMISSIONER COMMENTS

VI. BUSINESS ITEMS

     1. PZC-17-19 HP Rochelle Real Estate, LLC, 601 Flagg Road. Petition for Variance of Signs and Sign Setbacks. (Public Hearing and Action)
     2. PZC 18-19 City of Rochelle, Zoning for potential adult use cannabis business operations as defined in the Cannabis Regulation and Tax Act. (Public Hearing and Action)

VII. DISCUSSION ITEMS

VIII. ADJOURNMENT

The meeting will be held in the Council Chambers of the Rochelle City Hall, 420 N. 6th Street.

Members are reminded to please contact the Community Development Department at (815) 562-8717 or This email address is being protected from spambots. You need JavaScript enabled to view it. if you are unable to attend.

Case No.: 17-19 
Applicant: HP Rochelle Real Estate, LLC
Address: 601 Flagg Road, Rochelle, Illinois 61068

Narrative:

HP Rochelle Real Estate, LLC is asking for a variance of the sign ordinance from the allowed 25’ off the right of way to allow their ground sign 5’ off the right of way, which will be 25’ behind the existing sidewalk. (Sec. 110-675 (1) Setback. Each sign shall be set back from the public right of way a distance of at least one-half the required minimum setback building line.) They are asking for this variance because they feel they are at a disadvantage because of the additional right of way IDOT purchased based on the Kyte Creek bridge being built for the possible expansion of IL Route 251 to five lanes. HP Rochelle Real Estate, LLC are prepared to physically move the ground sign and would be fully responsible for any and all costs involved in relocating the sign if the roadway expansion occurs.  HP Rochelle Real Estate, LLC feels that a variance from the sign ordinance is necessary in order to obtain the most basic gas station imaging. A variance to increase the square footage of their ground sign is also being requested to meet the requirement of Mobil’s signage.

HP Rochelle Real Estate, LLC are requesting the following sign variances:

1. Variance of setbacks of ground sign to 5’ off the Right of Way   pdf Reference Document 1 (401 KB)

2. Ground Sign – 25’4” x 8’x 2 ¼” (139 sq. ft) x 2 sides = 278 sq. ft. total - illuminated  pdf Reference Document 2 (541 KB)
a. Mobil 4’- 6 3/16” internally illuminated
b. Benny’s 1’- 11 5/8” internally illuminated
c. Synergy 1’- 11 5/8” internally illuminated
d. Regular 3’ – 11 ¼” 21” LED pricer
e. Diesel 1’ – 11 5/8” 14’ LED pricer
f. Tenant Space 1’ – 11 5/8” internally illuminated

3. Building Signs   pdf Reference Document 3 (891 KB)
    Front Elevation
    a. 6’ x 19’ (114 sq. ft.) internally illuminated Benny’s corner market sign

    Side Elevation
    a. 6’ x 19’ (114 sq. ft.) internally illuminated Benny’s corner market sign
    b. 5’ x 16’ (80 sq. ft.) future tenant sign – Upper West above seating area

4. Fuel Canopy Signs   pdf Reference Document 4 (1.19 MB)
    a. 23” x 82” Illuminated Mobil letters, 13.1 sq. ft. South elevation gas canopy sign
    b. 23” x 82” Illuminated Mobil letters, 13.1 sq. ft. East elevation gas canopy sign
    c. 30” x 138” Diesel Letters, 28.75 sq. ft. South elevation diesel canopy sign
    d. 30” x 138” Diesel Letters, 28.75 sq. ft. East elevation diesel canopy sign

After a duly noticed public hearing, the City of Rochelle Planning & Zoning Commission will consider all the relevant evidence presented at said hearing on October 7, 2019.

Staff recommends

Staff has reviewed the building plans and referenced the standards for granting a variance found in Section 110-677. The distance from the highway due to the additional right of way, the amount of signage comparable to other gas stations and their canopy signs versus what the current sign ordinance allows, and the requirements placed on the petitioner by Mobil, may result in a hardship to the owner and the conditions upon which the petition for a variance is somewhat unique to the parcel of land for which the variance is sought. The proposed addition is not dangerous to public health, will not impair property values in the neighborhood, will not impede normal development of the surrounding properties, will not impair light to adjacent property, congest public streets, or increase the risk of fire. Staff recommends that the Planning and Zoning Commission consider recommendation of approval of the requested variances of HP Rochelle Real Estate, LLC.

Case No.: 18-19
Applicant: City of Rochelle

Address: 420 N. 6th Street, Rochelle, Illinois 61068

Narrative:

The State of Illinois has made the recreational use of cannabis legal, beginning January 1, 2020. Currently within the City of Rochelle’s zoning code there is no location identified for an allowable use, or with a conditional use, for adult use cannabis businesses, as allowed by the Illinois Cannabis Regulation and Tax Act.  The Planning and Zoning Commission can recommend to the City Council to allow (1) adult use cannabis craft growers (2) adult use cannabis cultivation centers (3) adult use cannabis infuser organizations and (4) adult use cannabis processing organizations within an I1 Light Industry, I2 General Industry and I3 Heavy Industry zoning district with a conditional use. Cannabis transportation will also be identified in the code. Conditions can be set forth on all of the cultivation centers and organizations that the facilities may not be located within a set amount of feet, which the Planning & Zoning Commission will recommend to City Council, of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Facilities may not be located within said amount of feet of the property line of a pre-existing property zoned or used for residential purposes.  The Planning and Zoning Commission can recommend to the City Council to allow adult use cannabis dispensing organizations within a B2 Commercial Highway zoning district with a conditional use. Conditions can be set forth on dispensaries that the facilities may not be located within a set amount of feet, which the Planning & Zoning Commission will recommend to City Council, of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Facilities may not be located within said amount of feet of the property line of a pre-existing property zoned or used for residential purposes.

Staff recommends

Staff feels that it is appropriate to locate (1) adult use cannabis craft growers (2) adult use cannabis cultivation centers (3) adult use cannabis infuser organizations and (4) adult use cannabis processing organizations in (I1, I2, and I3) as these growing facilities are similar to a greenhouse and other businesses, which are currently located in the Industrial zoned areas. Cannabis transportation will also be identified in the code. By placing dispensaries in a B2 Commercial Highway, we are allowing them in a commercial district, however only with a conditional use. The proposed zoning is not dangerous to public health, will not impair property values in the neighborhood, will not impede normal development of the surrounding properties, will not impair light to adjacent property, congest public streets, or increase the risk of fire. Staff recommends that the Planning and Zoning Commission consider recommendation of approval of the proposed zoning for adult use cannabis cultivation and dispensaries to the City Council.