Planning & Zoning Commission

MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING March 2, 2016 The City of DeKalb Planning & Zoning Commission held a regular meeting on March 2, 2016 in the City Council Chamber of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Atherton called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: David Castro, Deborah Nier, Matthew Crull, Adam Katz, Roger Ruehling and Chair Christina Atherton. Members absent: Jerry Wright. Also present: Derek Hiland, Principal Planner, Ellen Divita, Community Development Director, John Laskowski, City Engineer, Anne Marie Gaura, City Manager and Brenda Hart, Administrative Assistant. APPROVAL OF AGENDA A motion was made by M. Crull.to approve the March 2, 2016 agenda. The motion was seconded by D. Nier and approved by voice vote. CITIZEN COMMENTS None APPROVAL OF MINUTES None OLD BUSINESS Public Hearing – Continued – First Midwest Group Marvin Keys, and First Midwest Group, doing business as Corral Dyn, LLC, have submitted development applications that, if approved, would result in the creation of two new commercial buildings on an irregularly shaped lot, adjacent to the DeKalb Nature Trail at the point where it heads north of Sycamore Road, one parcel north of Greenwood Acres Drive. Corral Dyn, LLC has requested approval for a proposed two lot subdivision that would have one single tenant building and one multitenant building at 2115 Sycamore Road. To realize this development, the Applicants request approval of:  • an annexation agreement for the subject property; • annexation of the property to the City; • rezoning the property to “PD-C” Planned Development-Commercial; • approval of a preliminary plan for the commercial development, and • approval of a final development plan for the site. It was noted that the developer is asking the Planning and Zoning Committee to approve the plan and move it forward to the City Council for their consideration in order to begin construction in the spring. Marvin Keys, Corporate Counsel of First Midwest Group, 6801 Spring Creek Rd, Rockford IL, made a presentation. Joining him and available for questions were Seth Sommers, Director of Construction and Kevin Bunge, Engineer. Mr. Keys first reviewed First Midwest Group’s history with DeKalb and within the Midwest, noting it spans over a couple of decades. First Midwest Group owns the Eagle Shopping Center on Sycamore Road. Additionally they have developed 285,000 square feet over the last 10 years in DeKalb including Kohls and adjoining stores as well as Target and stores that are adjoined. They developed the center to the south of Target as well. Mr. Keys commented that First Midwest Group has been in the area for a long time and will not be going anywhere saying the work they’ve done within the City is work they are proud of and hope the community is proud of and considers it to be an asset. First Midwest Group has been in business for thirty years having developed a couple million square feet of retail space across the Midwest, a million and a half or more of industrial space and 1 million square foot of office space. The owner of First Midwest Group is also a partner in the Road Ranger gas station chain, Volcano Falls Putt Putt Golf, etc. in Rockford noting the diversity of interests. With regard to the requested planned developerment, annexation and rezoning that is before the commission, he noted the odd shaped parcel, an out-lying lot, still within the county that has not been annexed. First Midwest Group started the process on this lot more than three years ago and had potential tenants but the City wasn’t interested in the proposed tenants at that time. The project was put on hold while First Midwest attempted to find new tenants. At present they have a lease with a tenant for the 3,600 square foot building. The proposal includes an 8,000 square foot multi- tenant building as well. Mr. Keys indicated a very tight timeline for the currently signed tenant with a June 14st delivery deadline. Mr. Keys noted with regard to the present proposal, staff gave a preliminary go ahead approximately nine months ago at which point First Midwest Group went to Illinois Department of Transportation (IDOT). IDOT asked them to make a few modifications, one of which was putting the access between the two buildings. Mr. Keys indicated they have made the requested changes and then filed with the City and are now going through the process. Mr. Keys said the reason for the Planned Development Request is because the lot is an odd shaped property, with SFR-1 zoning on southern boundary along the Park District trail. SFR-1 zoning has specific setbacks and requirements. Requested is a PD-C zoning. Mr. Keys noted the property is difficult to develop. He said they have met with Park District regarding their neighboring property and have worked out a plan including landscaping and improvements to the Park District property that will be maintained by First Midwest Group, having signed a license agreement. This agreement would provide screening between the property and the Park District land. If this screening is not sufficient, First Midwest Group has agreed to provide a fence. Mr. Keys noted 95% of the issues have been addressed with only a few remaining items that are being worked through. Mr. Keys showed renderings of the property Chair Atherton asked where the entrance doors would be located. Mr. Keys indicated the doors would be to the west side. Public Comment - Keith Nyquist, 18 Greenwood Court, DeKalb - Mr. Nyquist said he has attended many meetings as a liaison to the commission for the Park District Board but that his comments regarding the proposal before the Commission tonight will be outside of Park District business. He said commissioners would find, in their packet, letters from the neighborhood residents who live close to the proposed development. He noted that the neighborhood is in support of anything that will develop the tax base for the community but there are a few concerns and trusts the Commission to address them. Mr. Nyquist reviewed recent history saying that three years ago the nature trail next to the proposed site was beautiful and grown over with many plantings. Comed came in and leveled the plantings causing residents to be sensitive to the possibility of something similar happening again. Mr. Nyquist said his opinion is that the proposed plan appears to be good and positive. Mr. Nyquist said he witnessed the construction of 2179 Sycamore Rd. noting that a creek runs next to the property and when under construction, no erosion barrier was put in place. Mr. Nyquist showed pictures of the result of the creek with no erosion barrier to protect it. Mr. Nyquist informed the Commission of other areas of concern for the neighboring residents. 1. Potential soil contamination. Mr. Nyquist said they were alerted to the possibility of contamination by a document that the City commissioned in 2013. The firm PGAV was asked to create the rationale for the Sycamore Road TIF District. Page thirty two of the document mentions the presence of possible asbestos, lead and underground oil tanks. Mr. Nyquist said the first concern and question is, have the environmental concerns been addressed? The report indicated that soil boring at 1926 Sycamore Rd., 2023 Sycamore Rd., 2031 Sycamore Rd. and 2411 Sycamore Rd showed no evidence of contamination but did not say the same for this site. 2. The dumpster location being toward the back of property. Mr. Nyquist noted that a dumpster sits to the rear of 2179 Sycamore Road, – 30-40’ away from the street and said a tremendous amount of garbage comes out of the dumpster. When there is a rainstorm the creek rises and carries the garbage away. The concern is of a second dumpster exacerbating the problem. 3. Noise – The garbage route runs at 5:50 a.m. and continues for 25 minutes, dumpster lids clanging. This is problematic to the residents. 4. Lights – The lights from 2179 Sycamore Road and Michael’s shine into the homes currently. Averting the light would be a low cost way to make residents happy. Mr. Nyquist suggested possibly directing the light downward rather than out. Zoning and Enterprise Zone - Mr. Nyquist said there is a concern about changing the zoning to PD- C. He noted that PD-C is a restricted use and many businesses couldn’t be located there. He wondered what the process might be if this development is not as successful down the road as expected. Would the zoning be changed? Residents around the Schnuck’s property were told there would be no gambling in that location but there is now. Mr. Nyquist noted one final concern. He said this property is located within the enterprise zone and wondered if the petitioners are seeking some property tax relief. Mr. Nyquist thanked the Commission for their time. Mr. Keys responded with answers to the concerns. 1. Soil erosion control – The City and First Midwest Group have filed the storm water pollution plan and have put in needed checks and measures. The IEPA requires the rules be followed with storm water pollution prevention and also requires a fence be installed. It is part of the state and local ordinances to do so and indicated they would definitely be following the rules in regard to this. 2. Environmental issues – Mr. Keys said a remediation report compiled by Ironwood Environmental was provided to the City of DeKalb and the DeKalb County Soil and Water Conservation District. Asbestos was found in the house and was remediated before demo but there were no other issues. 3. Dumpster location – This concern was also raised with the park district. There is a corral planned around the dumpster but something does blow away the plantings are such that, anything that might blow away would get caught in the plant screening. The city has ordinances in place to deal with property maintenance violations. Mr. Keys said First Midwest Group takes pride in their properties. 4. Noise from garbage pickup - This is the most prominent commercial corridor in the City of DeKalb and there is noise associated with garbage pickup. If the pickup time is outside the City ordinance it should be dealt with through that channel. 5. Lighting – Mr. Keys noted a lighting plan had been provided measuring an average of 2 foot candles across the site which is compliance with City ordinance. 6. Enterprise Zone – Mr. Keys indicated that he would tell his construction team they should avail themselves of the sales tax benefit for construction materials. Otherwise he said he has not had discussion with City along those lines and are not asking the City for property tax abatement. Atherton answered that the City Council would know more about the Enterprise Zone. E. Divita said the DeKalb County Economic Development Corporation would be the organization to oversee this. Commissioner Comment D. Castro thanked Mr. Nyquist for bringing his concerns to the Commission commenting that some of these issues surprised him thinking they could have been addressed before the proposal was before them. D. Castro asked if the concerns had ever been raised prior to this. Mr. Nyquist indicated he had talked to T.J. Moore several times but nothing had been done. Ms. Divita said the concerns about trash and trash pickup will be addressed outside of the present discussion. Castro agreed that we shouldn’t have to be dealing with these concerns when a proposal comes forward. John Laskowski, City Engineer, said with regards to the dumpster concern, the City manages the contract for single family homes and dwellings up to four units. It is a private contractor that picks up for commercial properties. J. Lasowski said we can contact the private company in order to make them aware of the City ordinance. R. Ruehling asked what the size is of the two buildings Mr. Keys answered that the smaller one is 3,600 square feet and the larger is 8,015 square feet. A.Katz asked if the entrances are on the west side of building, from Route 23 will we be looking at the backs of the buildings? Mr. Keys answered that the back of the buildings will look like the front in material type, windows and awnings. Castro asked if there will be one entrance and exit. Mr. Keys said yes, one directly onto Route 23 but there will also be a cross access to a lit intersection onto Route 23. The shared access will be joined with Advanced Auto. A. Katz asked if there would be a left turn lane. Mr. Keys said yes, it will be restriped to accommodate a left turn lane. Castro said that a letter was referenced in the backup, the one Mr. Nyquist presented. Also mentioned were phone calls. D. Castro wanted to know more about the calls. D. Hiland said the calls are more inquiry in nature. The letter presented by Mr. Nyquist most likely encapsulated the calls. Chair Atherton referenced the question regarding this development not being successful and rezoning of the property if a future project wanted to move into the space. D. Hiland said it would be handled as an amendment to the planned development and would go through a public hearing process through the City Council. D. Hiland said that parking would be a limiting factor as well if a future development wanted to amend the planned development. If a variance was requested it would come back before the Planning and Zoning Commission. Chair Atherton closed the Public Hearing. Chair Atherton asked what still needs to be addressed. D. Hiland answered there are some things that still need to be shored up. Item #1 is ninety five percent complete. Items #2 - #7 still remain. E. Divita acknowledged that the list looks long but she is confident all will be completed. D. Castro asked D. Hiland about the site coverage. D. Hiland answered currently the proposal is under the seventy percent threshold, just to be cautionary. The plans actually show it at sixty nine percent. M. Crull made the motion to approve a request by Corral Dyn, LLC for an annexation agreement, to annex the property to the City of DeKalb, and rezone the annexed parcels to “PD-C” Planned Development Commercial by approving the preliminary / final plat and development plans for the subject property on a proposed two lot subdivision (Puri DeKalb Subdivision) located at 2115 Sycamore Road subject to the following requirements: 1. That the remaining engineering issues be addressed to the satisfaction of the City Engineer; 2. That the requirements identified in the Sanitary District’s memorandum dated February 1, 2016 be addressed to the satisfaction of the District. 3. That a waiver of Section 5.13.08.5 Other Development Regulations for “PD” Districts. Off Street Parking and Loading Requirements”: Section 12.03.05. Setbacks of Parking Facilities be approved for a 3 foot landscaping buffer in lieu of the required 5 foot buffer; 4. That waiver of Section 5.13.06, Minimum Planned Development Site Size be approved; 5. That waiver of Section 5.13.07.4 Planned Development – Commercial be approved Where-by the total site coverage may exceed 70%; 6. That waiver of Section 5.13.07.6 Perimeter Buffer Requirements (Setbacks) be approved where a thirty foot buffer is provided in lieu of the fifty foot buffer; and  7. That waiver of Section 5.13.08.2 Other Development Regulations for “PD” Districts. “Supplemental District Regulations” be approved for the planting of trees and screening requirements as commercial property abuts residential properties. A. Katz moved to strike #5 from the list of items to be addressed. M. Crull accepted the amendment. Roll Call vote – Katz–yes, Crull–yes, Nier–yes, Chair Atherton–yes, Castro–yes, Ruehling–yes. The motioned passed. D. Hiland said this will go to council on March 14. NEW BUSINESS None CONSIDERATIONS On March 16th the Planning & Zoning Commission will continue the Public Hearing on the Breese proposal. REPORTS/ITEMS FOR NEXT MEETING None ADJOURNMENT A motion was made by Katz to adjourn the meeting. The motion was seconded by Ruehling and approved by voice vote. The meeting adjourned 7:00 p.m. Respectfully submitted, Brenda Hart, Recorder Approved at the April 13, 2016 Meeting