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Planning & Zoning Commission

Regular Meeting

DeKalb, IL · July 18, 2022

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Minutes

Planning and Zoning Commission July 18, 2022 Page 1 of 5 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION July 18, 2022 The Planning and Zoning Commission held a meeting on July 18, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Vice-Chair Bill McMahon 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 and Vice Chair Bill McMahon. Jerry Wright and Max Maxwell were absent. Planning Director Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair McMahon requested a motion to approve the July 18, 2022, agenda as presented. Ms. Stoker 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. June 21, 2022 –Vice Chair McMahon requested a motion to approve the June 21, 2022, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Ms. Pena-Graham 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 DeKalb CUSD #428 for approval of an amendment to the Final Plan of The Bridges of RiverMist, Phase 2, approved by Ordinance 97-110 to allow a modular classroom on the Gwendolyn Brooks Elementary School site located at 3225 Sangamon Road. Tammy Carson, Director of Facility and Safety Operations for DeKalb School District, informed the Commission the petition was filed to allow for a modular classroom to be located on the south side of the existing school building on a blacktop surface. Ms. Carson stated the purpose for this petition is to add an intensive classroom inside the school building, which currently has no available space. She explained the intensive classroom would be placed in the current music room and the music room would be moved to half of the modular classroom with the other half reserved for storage. Ms. Carson said if approved the modular classroom would be in place for the 2022-2023 school year and they are requesting a three-year approval. Planning and Zoning Commission July 18, 2022 Page 2 of 5 Dan Olson, Planning Director, covered the Staff Report dated July 14, 2022, and added there was a Final Plan approved in 1997 for Brooks School so any change to the Plan, including adding a modular classroom, requires a public hearing. Mr. Olson reiterated the music room would be moved out to the modular classroom so an intensive classroom could be placed in the current music room. He added with the additional classroom, the site still has plenty of parking available. Mr. Olson stressed the location of the modular classroom is south of the school and furthest from the residences to the north. He added there is quite a bit of distance to homes to the west of the proposed location. Mr. Olson discussed the approval of other modular classrooms in the past at Tyler, Clinton Rosette, and Littlejohn Schools. Mr. Olson said a public comment form was received from Edward Bosic of 544 Katherine Cir. and Eileen Bosic Living Trust of 550 Katherine Cir. noting they do not support the request due to the modular classroom being stored in the parking lot before being approved. Planning Director Olson stated Cynthia Hadad of 648 Sterling Court sent a letter noting support for the request. Mr. Olson said the Staff recommends approval of this request with the condition of a three-year term for the modular classroom to be on the site. He added if a longer time is needed, the School District would have to address it with the Commission. Vice Chair McMahon asked if there were any comments from the public or questions from the Commission members. Shannon Stoker wanted clarification on the location of the modular classroom in comparison to the complainants in Katherine Cir. She asked if it would be located behind the building away from their residence. Mr. Olson showed an aerial image noting the modular classroom will be south of the building and away from the homes. Ms. O’Flaherty moved that based on the submitted petition and testimony presented, the Planning and Zoning Commission recommend to the City Council approval of an amendment to the Final Plan of The Bridges of RiverMist, Phase 2, approved by Ordinance 97-110 to allow a modular classroom at Gwendolyn Brooks Elementary, 3225 Sangamon Road, as shown on the attached Exhibit A, subject to the following condition: 1. The modular classroom may remain on the subject site in the location as shown on Exhibit A for no more than three (3) years of the date of approval of the Ordinance granting the amendment and shall, on or before said date, be removed from the property. Ms. Pena-Graham seconded the motion. A roll call vote was taken. Mr. Becker - Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham - Yes, Ms. Stoker – Yes, Vice Chair McMahon – Yes. Jerry Wright and Max Maxwell were absent. Motion passed 5-0-2. 2. Public Hearing – A petition by Proper Hospitality Group, LLC represented by Peter Panagakis for approval of a special use permit for a drive-thru restaurant for the site at 922 S. 4th Street. Planning and Zoning Commission July 18, 2022 Page 3 of 5 Peter Panagakis, representing Proper Hospitality Group, discussed the request for a special use permit for a drive-thru restaurant at 922 S. 4th Street. He said they purchased the building in September of 2021 and the building is now completely empty. Mr. Panagakis stated their plan is to improve and update the existing building and property. He noted the restaurant will be called Anna’s Sandwich Shoppe with operating hours of 10:30 a.m. to 8:00 p.m. Monday through Saturday, being closed on Sunday’s and holidays. Mr. Panagakis stated indoor seating will consist of about 40 seats with additional outdoor dining available. He stressed the drive-thru will only be used for mobile order pickup and pre-ordered carryout orders. Peter Panagakis discussed the menu and informed that catering and delivery will be available. Planning Director Olson went over the Staff Report dated July 14, 2022, and informed the Commission a revised plan was received after the posting of the agenda in which a copy was provided. Mr. Olson stated the building has been closed since 2009 and a special use permit is needed for a drive-thru in commercial zoning districts. Mr. Olson discussed the access point being located on the south end of the building with one-way traffic flow. He added the parking lot will be re-striped and the access point from the alley will be removed. He also noted a 6-foot-high sight-proof fence will be added along the east lot line and landscaping will be added around the property. The exit point onto S. 4th St. will be located on the north side of the building and there is adequate parking. Mr. Olson informed the existing brick on the building would be cleaned with wood grain panels being added to the top of the building. He continued by mentioning a small vestibule and tower will be added at the southwest corner of the building. Mr. Olson said a recommendation of operating hours between 6:00 a.m. and 8:00 p.m. is being suggested due to the proximity of residents to the east and south of the site. He stated this proposal is compatible with the surrounding area and brings much needed assistance to the S. 4th St. corridor. Mr. Olson covered public responses received starting with Stephanie Kness of 932 S. 5th Street who questioned the hours of operation and signage. Glenn Miller of 1004 S. Street submitted concerns about the external speakers and any noise coming from the site. Mr. Olson addressed both concerns with the individuals. He went on and said the City received two letters of support from Noelle Jacobson of 424 Culver Street and Tom Winkle and Lorraine Scurti of 834 Leonard Avenue. Mr. Olson said the Staff strongly recommends approval of this proposal with a condition that the hours of operation be between 6:00 a.m. and 8:00 p.m. Vice Chair McMahon asked if there were any comments or questions from the public, in which there were none. Vice Chair McMahon asked if there were any comments or questions from the Commission members. Planning and Zoning Commission July 18, 2022 Page 4 of 5 Steve Becker commented it will be nice to see something go in this building after being vacant for so long. Bill McMahon questioned the limited drive-thru availability and if the speaker would be used. Peter Panagakis responded it will be used for mobile order pick-up, call ahead pick-up, and third-party delivery pick-up. He added the person will come up to the drive-thru and announce what order they are there for. He added a speaker would be used as a means of communication. Mr. McMahon said it seemed the concerns that were submitted by nearby residents have been addressed and he thinks it will be great to have something in the building. Mr. Becker moved that based upon the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommendation to the City Council approval of a special use permit for a drive- through restaurant located at 922 S. 4th Street per the site plan dated 7-13-22 and building elevation dated 5-11-22 and labeled as Exhibit A and per the condition that the hours of operation for the restaurant shall be limited between 6:00 a.m. and 8:00 p.m. Ms. Stoker seconded the motion. A roll call vote was taken. Mr. Becker - Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham - Yes, Ms. Stoker – Yes, Vice Chair McMahon – Yes. Jerry Wright and Max Maxwell were absent. Motion passed 5-0-2. 3. Minor Subdivision – Approval of a Final Plat submitted by James Planey, Midland Trust, for SV CSG DeKalb South Subdivision – North side Gurler Road, east of S. 1st Street. Bill French, Regional Director of Project Development for SunVest Solar, appeared on behalf of James Planey. Mr. French said he is seeking approval for the subdivision in order to begin work on the solar project in late August or early September. He described the southern portion being used for the solar project and the remainder of the land would be used for potential development by Mr. Planey. Mr. French read a letter from James Planey expressing his gratitude and wonderful experience working with the City. Planning Director Olson went through the Staff Report dated July 14, 2022, and said an ordinance was approved in February 2021 rezoning the site and approving the solar farm. He added the applicant would like to do a one-lot subdivision on about 23 acres of the 36.1-acre site. Mr. Olson said the applicant is subdividing a portion of the site in order for the solar project to move forward. He stated all comments have been addressed and there are a few minor labeling issues to clear up before the plat can be recorded. Vice Chair McMahon asked if there were any comments or questions from the Commission members, in which there were none. Shannon Stoker moved the Planning and Zoning Commission recommend approval of the Final Plat for SV CSG DeKalb South Subdivision dated 6-27-22 prepared by Planning and Zoning Commission July 18, 2022 Page 5 of 5 Wendler Engineering Services as shown on Exhibit A subject to all staff comments being addressed prior to recording the Plat. Ms. Pena-Graham seconded the motion. A roll call vote was taken. Mr. Becker - Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham - Yes, Ms. Stoker – Yes, Vice Chair McMahon – Yes. Jerry Wright and Max Maxwell were absent. Motion passed 5-0-2. F. REPORTS Planning Director Olson announced the next scheduled Commission meeting will be held on Monday, August 1 and it will consist of one public hearing. He said Project Wildcat is 160 acres at the northwest corner of Peace Road and Gurler Road and will contain a distribution, packing and storage company. Mr. Olson stated the August 15th meeting will be conducted at the Police Department since the library will be used for a budget meeting by the City Council. He noted one of the hearings on the 15th will be on the Comprehensive Plan update. He added there will also be a hearing regarding SunVest for their solar farm planned along Pleasant Street near the Airport. Mr. Olson reminded the Commission that Recording Secretary Stephanie Turner will send out calendar invites a week prior to the first scheduled meeting for the month. G. ADJOURNMENT Ms. O’Flaherty motioned to adjourn, Ms. Pena-Graham seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:28 PM. Minutes prepared by: Stephanie Turner Approved: August 1, 2022

Agenda

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, July 18, 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. June 21, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by DeKalb CUSD #428 for approval of an amendment to the Final Plan of The Bridges of RiverMist, Phase 2, approved by Ordinance 97-110 to allow a modular classroom on the Gwendolyn Brooks Elementary School site located at 3225 Sangamon Road. 2. Public Hearing- A petition by Proper Hospitality Group, LLC represented by Peter Panagakis for approval of a special use permit for a drive-thru restaurant for the site at 922 S. 4th Street. 3. Minor Subdivision - Approval of a Final Plat submitted by James Planey, Midland Trust, for SV CSG DeKalb South Subdivision - North side Gurler Road, east of S. 1st St. 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 June 21, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION June 21, 2022 The Planning and Zoning Commission held a meeting on June 21, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Planning Director Olson called the meeting to order at 6:14 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. Maria Pena-Graham, Shannon Stoker, and Jerry Wright were absent. Planning Director Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the June 21, 2022, 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. June 6, 2022 –Chair Maxwell requested a motion to approve the June 6, 2022, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Mr. McMahon 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 J&S Recovery and Towing for a special use permit for a vehicle tow facility and storage yard and a variance to permit an 8-foot-high fence to serve as screening for a portion of the storage yard in lieu of the required 10-foot-high fence for the property located at 407 Industrial Drive. Tom Guthrie, Regional Manager for J&S Towing, stated they have been in business since 2019 and they received their first special use permit in 2020 for 110 Industrial Drive. Mr. Guthrie explained the need for the auxiliary lot is due to an extreme amount of growth and taking on a contract with the City of DeKalb. He added most of the vehicles stored at J&S Towing are vehicles that have been impounded by the City. Mr. Guthrie said they are looking to utilize a 1.7-acre storage lot down the road from their current location which is owned by Pinkston-Tadd Roofing (407 Industrial Dr.). He described an existing 6-foot high barbed wire fence surrounds the site now and an Planning and Zoning Commission June 21, 2022 Page 2 of 4 8-foot high solid fence exist along the north end of the property which belongs to Zimmerman Recycling (301 Industrial Dr.). Mr. Guthrie stated they are proposing to fence the west, east, and south ends of the facility with a 10-foot sight-proof fence. Mr. Guthrie added they are requesting a variance to use the 8-foot-high fence that is currently located on the north end of the lot. He noted there are currently eight cameras on the property with three in front, three in back, and two on the south side of the building where the access point is located. He said a locked security gate would be added to the premises and there would be no public access to their auxiliary lot, with cars being picked up and taken to the 110 Industrial Drive facility. Dan Olson, Planning Director, covered the Staff Report dated June 16, 2022, and reiterated J&S Towing’s original location received a special use permit in 2020. He explained, if approved, they would be leasing the auxiliary lot (100’ x 150’) from Pinkston-Tadd Roofing to accommodate the additional storage needed. Mr. Olson said the need for a variance in order to keep the existing 8-foot-high sight-proof fence on the north end of the lot in lieu of the UDO required a 10-foot-high screened fence. He mentioned if the applicant constructed a 10-foot-high privacy fence along the north property line, it would not provide any additional screening for a use (Zimmerman Recycling) that has more outside storage. Planning Director Olson said the staff is recommending some conditions to bring the site further into compliance. He noted one condition is adding striped parking spaces along with designating a handicap space in the front of the building. Mr. Olson stated another was added to make sure they comply with Towing Policy Chapter of the Municipal Code. Mr. Olson discussed the background of other towing companies in DeKalb staring with Lovett’s towing receiving a special use permit in 2009 on East Lincoln Highway to allow for expansion of that site. He said Tri-State Towing on State St. received a special use in 2015 and J&S Towing (110 Industrial Dr.) received their special use in 2020. Planning Director Olson explained that 407 Industrial Drive has a storage area in the rear that is gravel, and pavement is not required since there is no public access to this area. Mr. Olson mentioned that J&S can expand within a year without requiring an amendment to the special use permit. He defined the conditions recommend including restrictions of no stacking of vehicles, no stacking of vehicle parts higher than eight feet, no crushing of vehicles, vehicles in operation cannot be parked outside of the storage area and abandoned and salvaged vehicles cannot be on the premises longer than 90 days, unless through a court order. Mr. Olson explained there are two separate motions, one for the special use permit and one for the variance. Mr. Olson said they meet the criteria for a special use and the variance. He noted a condition is recommend for the variance stating if Zimmerman Recycling removes the 8-foot-high fence along the north property line, J&S Towing would be responsible for adding a new 8-foot-high fence. Mr. Olson mentioned the City received an email from Brett Jackson of Tri-State Towing objecting to the request. The e-mail contends that J&S was not complying with UDO requirements and Chapter 35 of the Municipal Code and did not agree with the Planning and Zoning Commission June 21, 2022 Page 3 of 4 variance. Planning Director Olson said he spoke with Mr. Jackson in regard to his comments. Chair Maxwell asked if there were any comments or questions from the public. Jack Goodrich, of 1440 E. Lincoln Highway, said he had a concern with the privacy fence along the west side of the site, but after hearing the proposal he has no objection. Chair Maxwell asked if there were any comments or questions from the Commission members. Trixy O’Flaherty wanted to hear from the neighbor (Mr. Goodrich) and since he is happy, she would support the request. Bill McMahon felt the same and wanted verification Mr. Olson spoke with Brett Jackson on his comments. Mr. Olson replied yes he spoke to Mr. Jackson. Andrew Bjornson, owner of J&S Recovery and Towing, replied to Brett Jackson’s concerns and said there are currently eight cameras on the premises with more being added. Mr. Bjornson cleared up that the employees from Pinkston-Tadd will not have access to J&S’s auxiliary lot. He said right now they are leasing the lot but hope to buy the property within 10 years. Mr. Becker moved that based on the submitted petition and testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommend to City Council approval of a special use permit for a vehicle towing facility and storage yard located at 407 Industrial Drive per the site plan dated 5-31-22 and labeled as Exhibit A and per the conditions listed in Exhibit B. Mr. McMahon seconded the motion. A roll call vote was taken. Mr. Becker - Yes, Ms. O’Flaherty – Yes, Mr. McMahon - Yes, Chair Maxwell – Yes. Maria Pena-Graham, Shannon Stoker, and Jerry Wright were absent. Motion passed 4-0-3. Ms. O’Flaherty moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission approve a variance to Article 5.12.03 of the Unified Development Ordinance to allow an adjacent 8-foot-high sight- proof fence to serve as screening along the north property line of the storage yard in lieu of the required 10-foot-high sight-proof fence as shown on the site plan dated 5- 31-22 labeled as Exhibit A and subject to the following condition: 1. If the adjacent 8-foot-high sight-proof fence to the north is removed, the applicant shall construct an 8-foot-high sight-proof fence on the north property line of the subject site within 90 days of removal of the fence. Mr. McMahon seconded the motion. Planning and Zoning Commission June 21, 2022 Page 4 of 4 A roll call vote was taken. Mr. Becker - Yes, Ms. O’Flaherty – Yes, Mr. McMahon - Yes, Chair Maxwell – Yes. Maria Pena-Graham, Shannon Stoker, and Jerry Wright were absent. Motion passed 4-0-3. F. REPORTS Planning Director Olson announced the next scheduled Commission meeting on July 5th will be cancelled due to not having a quorum. He noted the hearing for the Brooks Elementary School modular classroom originally scheduled for the July 5th meeting will be held on July 18th. Mr. Olson explained new notices to residents will be sent out tomorrow for the re-scheduled hearing. He added there may be another hearing scheduled on July 18th and if so, the Commission will be notified via e-mail. Mr. Olson reminded the Commission of the open houses to discuss the Comprehensive Plan update are scheduled for June 30th and July 15th. Planning Director Olson told the Commission that Recording Secretary Stephanie Turner will send out calendar invites to the members when the Planning and Zoning Commission agendas are posted. G. ADJOURNMENT Ms. O’Flaherty motioned to adjourn, Mr. McMahon seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:38 PM. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT July 14, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Gwendolyn Brooks Elementary School – Amend the Final Plan of The Bridges of RiverMist, Phase 2, approved by Ordinance 97-110 to allow a modular classroom at 3225 Sangamon Road (DeKalb CUSD #428) I. GENERAL INFORMATION A. Purpose To allow a 23.3’ x 68’ modular classroom on the Gwendolyn Brooks Elementary School site. B. Location/Size 3225 Sangamon Road/14.85 acres C. Petitioner DeKalb CUSD #428 D. Existing Zoning “PD-R” Planned Development Residential District. E. Existing Land Use Elementary School F. Surrounding Zoning and Land Use North: “PD-R”; Townhomes South: “PD-R”; Open Space, Agriculture East: “PD-R”; Vacant, Single-Family West: “PD-R”, Open Space, Townhomes G. Comprehensive Plan Designation Institutional – 2005 Plan and 2022 Draft Plan II. BACKGROUND AND ANALYSIS The applicant, DeKalb Community Unit School District #428 (School District), is requesting approval of a petition to amend the Final Plan of The Bridges of RiverMist, Phase 2, approved by Ordinance 97-110 to allow a modular classroom on the Gwendolyn Brooks Elementary School site. The Final Plan from 1997 shows the school building, parking lot and play areas as they were eventually constructed. A change to the Final Plan such as adding a modular classroom requires an amendment to the Ordinance. The background material from the School District indicates that due to growth in enrollment, the school needs additional classroom space inside the building for an intensive classroom. The District want to place a modular classroom on the site to provide space for the current music room which will allow the room needed inside the building for the intensive classroom. The School District is anticipating the modular classroom will be needed for three (3) years. The proposed modular classroom will be 23.3’ x 68’ and will be located directly south of the school building on a portion of the hard surfaced play area. There are currently 106 parking spaces including 5 handicap spaces at the school. Based on the parking formula for elementary schools in the Unified Development Ordinance, 64 parking spaces are required. The proposed modular classroom will not take up any parking spaces. At this time, no additional lighting is proposed. The classroom will be constructed of a wood-based siding product and is light tan in color. An image of the modular classroom is provided in the packet and is similar to the one used at Littlejohn Elementary School. The District has applied for a Temporary Facility Permit for the DeKalb County Regional Office of Education. There will be an annual inspection of the modular classroom by the School District Architect. The staff would recommend the modular classroom be allowed to stay on the site for no longer than three years, which is acceptable to the School District. The City has approved modular classrooms at Tyler, Clinton Rosette, and Littlejohn Schools in the past. Most recently a special use permit was issued in 2020 for Littlejohn Elementary School to extend the time frame for a modular classroom to remain on the site for another three years. III. PUBLIC RESPONSE/COMMENTS The City received Public Response Forms from Edward Bosic (544 Katherine Cir.) and the Eileen Bosic Living Trust (550 Katherine Cir.) noting they do not support the request. They provided written comments pointing out the modular classrooms are already located on the parking lot of the school. The School District brought the modular classroom to the site to store and will place it on the designated location if the amendment is approved. A Public Response Form was also received from Cynthia Hadad of 648 Sterling Ct., who indicated her support for the proposal. Page |2 IV. RECOMMENDATION Staff would recommend approval of the request to allow the modular classroom to be placed on the subject site for three years. The modular classroom will allow the school district to serve the educational needs of the community, which promotes the public health, safety, and general welfare of the City. Sample Motion Based upon the submitted petition and testimony presented, I move the Planning and Zoning Commission recommend to the City Council approval of an amendment to the Final Plan of The Bridges of RiverMist, Phase 2, approved by Ordinance 97-110 to allow a modular classroom at Gwendolyn Brooks Elementary, 3225 Sangamon Road, as shown on the attached Exhibit A, subject to the following condition: 1. The modular classroom may remain on the subject site in the location as shown on Exhibit A for no more than three (3) years of the date of approval of the Ordinance granting the amendment and shall, on or before said date, be removed from the property. Page |3 EXHIBIT A 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, July 18, 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 DeKalb CUSD #428 for approval of an amendment to the Final Plan of The Bridges of RiverMist, Phase 2, approved by Ordinance 97-110 to allow a modular classroom on the Gwendolyn Brooks Elementary School site located at 3225 Sangamon Road. The subject property has Parcel Identification Numbers (PIN’s) of 08-02-352-001 and 08-03-340-011 and is zoned “PD-R” Planned Development Residential 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, July 18, 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 July 14, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: 922 S. 4th St. - Special Use Permit for a Drive-Through Restaurant (Proper Hospitality Group, LLC - Peter Panagakis) I. GENERAL INFORMATION A. Purpose Re-establishment of drive-through restaurant. B. Location/Size 922 S. 4th St./1 acre C. Petitioner Proper Hospitality Group LLC – Peter Panagakis D. Existing Zoning “LC” Light Commercial District E. Existing Land Use Vacant former restaurant with drive-through F. Surrounding Zoning and Land Use North: “LC”; Outside Storage, Various Commercial South: “GC”; Residential East: “SFR2”; Single Family Residential West: “LC”, Bank, Gas Station, Offices, Child-Care G. Comprehensive Plan Designation 2005 – Commercial; 2022 - Commercial II. BACKGROUND AND ANALYSIS The petitioner, Proper Hospitality Group, LLC represented by Peter Panagakis, is requesting approval of a special use permit for drive-through restaurant. The subject site contained a former KFC Restaurant with drive-through. The restaurant closed in 2009. The proposed restaurant will be called Anna’s Sandwich Shoppe and will contain 40 seats with a limited drive-thru consisting of a mobile order pick-up window. Outside seating will also be provided. Proposed hours of operation will be 11:00AM to 8:00PM Monday through Saturday with Sundays and Holidays being closed. The existing building on site is approximately 2,100 sq. ft. The access and parking area will be designed and striped to reflect one-way traffic around the site. The drive through area will be expanded to include a by-pass lane north of the building. The existing access to the alley to the east side of the site will be removed and a six (6) foot sight-proof fence will be installed along the east property line. An outdoor patio area will be added to the south and east of the building. The trash dumpster on-site will be screened per the requirements of the UDO. Additional landscaping will be added around the perimeter of the site and the majority of the trees along the northern portion of the property will be saved. A total of 24 parking spaces are proposed with 20 standard spaces and four handicap spaces. The number of parking spaces required for the restaurant, per the UDO, is 1 parking space for every 3 seats plus 1 space for every employee on the maximum shift. With 40 seats and 10 projected employees, a total of 23 parking spaces are required. The drive-through has adequate space for the stacking of vehicles and meets the UDO requirement. The existing brick on the building will be cleaned and new wood grain panels will be added to the top portion of the building. The former KFC cupola will be removed, and a small vestibule and tower will be added at the southwest corner of the building. An architectural rendering if include in the back up material. Due to the proximity of residential area to the east and south, it’s recommended the hours of operation for the restaurant be limited between 6:00 AM and 8:00 PM. There are a few remaining staff comments that require a revision to the site plan and are listed as items to be addressed prior to any permits being issued. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special will comply with all regulations of the “LC” Light Commercial District and the Unified Development Ordinance (UDO). The applicant will be required to develop the site per the plans made as an exhibit to the recommendation. The drive-through has adequate space for the stacking of vehicles and meets the UDO requirement. Page |2 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on the adjacent properties or land uses. The site has been zoned “LC” Light Commercial for decades. The site contained a former drive-through restaurant, which was not detrimental to the neighborhood. There is a variety of commercial uses in the area including a bank, gas station, restaurant, offices, day care center, video gaming cafe, auto related uses, and outside storage. Part of the recommendation to approve the special use is an hour restriction to ensure compatibility with the surrounding area. The proposed restaurant will be a welcome addition to the S. 4th St. corridor and meets the recommendations of the draft 2022 Comprehensive Plan. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The granting of the special use will not dominate the immediate area and will not prevent development on the neighboring properties. The surrounding area is already developed with a variety of commercial uses, including bank, gas station, restaurant, offices, day care center, video gaming cafe, auto related uses, and outside storage. Residential uses exist to the east and south. The proposed special will operate in a manner that is not detrimental to the surrounding neighborhood. The drive-through has adequate space for the stacking of vehicles and meets the UDO requirement. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate public services are already provided to the subject site. The existing paved parking area will be expanded and re-striped including the addition of four handicap spaces and a by-pass lane for the drive-through. A six-foot-high sight-proof fence will be added along the east property line and the dumpster on-site will be screened. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. The proposed special use will not be detrimental to the permitted developments and uses Page |3 on the site or to the surrounding area. Due to the proximity of residential area to the east and south, a hours of operation limitation for the restaurant is recommended. The proposed special use will be in compliance with the 2005 Comprehensive Plan and draft 2022 Plan. The proposed restaurant with drive-through will be a welcome addition to the S. 4th St. corridor. IV. CITIZEN RESPONSE/COMMENTS The City has received a Public Response Form from Stephanie Kness of 932 S. 5th St. who had questions regarding the hours of operation and signage. Glenn Miller of 1004 S. 4th St. submitted a Public Response Form noting concerns about the external speakers (menu board) and any noise coming from the site. Noelle Jacobson of 424 Culver St. submitted an e-mail expressing support for the request. Finally, Tom Winkle and Lorraine Scurti of 834 Leonard Ave. sent an e-mail stating they are in favor of the petition and would love to see a new business open on the south side of DeKalb. Copies of the correspondence are provided in the background material. V. RECOMMENDATION The proposed restaurant with drive-through will be a welcome addition to the S. 4th St. corridor and meets the recommendations of the draft 2022 Comprehensive Plan. The City staff fully supports the request. Sample Motion – Special Use Permit: 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 a special use permit for a drive-through restaurant located at 922 S. 4th St. per the site plan and building elevation dated 5-11-22 and labeled as Exhibit A and per the conditions listed in Exhibit B. Page |4 Exhibit B 1. Revise the site plan prior to issuance of a building permit to include the following: a) Show the square footage of the building on the site plan. b) Add the parking formula to the plan – number required and number provided. (1 parking space for every 3 seats plus 1 space for every employee on the max. shift). c) Add 6-foot-high privacy fence along the east side of the site next to the alley. d) Add a note around the trash dumpster “6’ high sight-proof fence”. 2. The hours of operation for the restaurant shall be limited between 6:00 AM and 8:00 PM. Page |5 EXHIBIT A EXHIBIT A c 4 NORTH ELEVATION A2 1 WEST ELEVATION 1 EAST ELEVATION A2 A2 922 S. FOURTH ST. DEKALB, ILLINOIS 2 SOUTH ELEVATION A2 922 South Fourth Street Coming Soon Anna’s Sandwich Shoppe Fresh Kitchen – Kraft Sandwiches Quick Service – Great Environment for All to Enjoy! From: Olson, Dan To: stephanie.kness@nm.org Cc: Nicklas, Bill Subject: FW: Public Response Form for 922 S. 4th St. Public Use Permit Date: Friday, July 8, 2022 2:50:00 PM Attachments: image001.png Public Response Form.pdf image002.png Stephanie, Thanks for the e-mail. A copy will be provided to the Planning and Zoning Commission. See responses to your questions below. Hours of Operation – The restaurant is planned to be called Anna’s Sandwich Shoppe and anticipates being open from 11:00 AM to 8:00 PM Monday-Saturday and closed on Sundays and Holidays. Signage – The maximum height allowed for a sign is 10 feet and the maximum sign size allowed is 50 sq. ft., which is comparable to other signs along S. 4th St. The applicant has also stated he intends to have signs that are compatible with the neighborhood. A link to more information on the public hearing and proposed restaurant can be found at https://www.cityofdekalb.com/1103/Public-Hearings. If you have any further questions, let me know. Dan Olson, AICP | Planning Director City of DeKalb | 164 E. Lincoln Highway | DeKalb, IL 60115 Phone: 815-748-2361 Email: dan.olson@cityofdekalb.com | Website: www.cityofdekalb.com From: Kness, Stephanie <stephanie.kness@nm.org> Sent: Friday, July 8, 2022 9:16 AM To: Olson, Dan <Dan.Olson@CITYOFDEKALB.com> Subject: Public Response Form for 922 S. 4th St. Public Use Permit [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.] Hello, I have attached my Public Response Form regarding the special use permit for 922 S. 4th St. Thank for giving us the opportunity to provide our concerns regarding this matter. Stephanie Kness Department Secretary Northwestern Medicine Behavioral Health Services 760 Foxpointe Dr Sycamore IL, 60178 815-748-8334 (office) 815.748-8921 fax stephanie.kness@nm.org nm.org Northwestern Medicine is anchored by Northwestern Memorial Hospital, ranked top 10 in the nation by U.S. News & World Report, 2021 - 2022. This message and any included attachments are intended only for the addressee. The information contained in this message is confidential and may constitute proprietary or non-public information under international, federal, or state laws. Unauthorized forwarding, printing, copying, distribution, or use of such information is strictly prohibited and may be unlawful. If you are not the addressee, please promptly delete this message and notify the sender of the delivery error by e-mail. From: nlj005 To: Olson, Dan Subject: 922 S. 4th St. Proposal Date: Tuesday, July 5, 2022 8:02:07 PM [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.] Hello Dan, My name is Noelle Jacobson and I am writing to you to let you know that I support the proposal at 922 S. 4th St. My address is 424 Culver St DeKalb, IL 60115. Thank you, Noelle Jacobson 424 Culver Street DeKalb, IL 60115 847-533-3667 nlj005@aol.com From: Tom Winkle To: Olson, Dan Subject: Zoning Variance for 922 S. 4th Street Date: Saturday, July 2, 2022 10:52:02 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.] Mr. Olson, My wife and I are very much in favor for a zoning variance for the old KFC on south 4th street that has remained empty for so long, we'd love to see another business open on the south side. Thanks, Tom Winkle and Lorraine Scurti 834 Leonard Avenue DeKalb 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, July 18, 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 Proper Hospitality Group, LLC represented by Peter Panagakis for a special use permit for a drive-through restaurant for the site at 922 S. 4th St. The subject site has Parcel Identification Numbers (PIN’s) of 08-26-104- 003 and 08-26-104-018 and is zoned “LC”, Light 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, July 18, 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 July 14, 2022 TO: Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Minor Subdivision Plat – SV CSG DeKalb South Subdivision (James Planey – Midland Trust) I. GENERAL INFORMATION A. Purpose Approval of Minor Subdivision Plat to accommodate a Solar Energy Generation Facility B. Owner/Applicant James Planey – Midland Trust C. Location North side of Gurler Road, just east of S. 1st St. II. BACKGROUND AND ANALYSIS The applicant, James Planey, is requesting approval of a Minor Subdivision Plat for a one-lot subdivision consisting of 23.6 acres along the north side of Gurler Road, just east of S. 1st St. The proposed lot is part of a larger 36.3-acre parcel owned by the applicant. On February 22, 2021, the City approved a development agreement and the rezoning of the 36.3 parcel from the “HI” District to the “PD-I” District to accommodate a solar energy generation facility on the 23.6-acre site. When a development project comes forward for the remaining 12.7 acres, the applicant will subdivide the entire parcel to create two lots. At that time the appropriate public improvements (water, sewer) will be extended to the property. The Plat has been reviewed by staff. All the easements, setbacks and roadway dedications are shown on the Plat. There are a few minor comments remaining, so the recommendation is to approve the Plat subject to all staff comments being addressed prior to recording of the Plat. III. RECOMMENDATION Sample Motion: I move that the Planning and Zoning Commission recommend approval of the Final Plat for SV CSG DeKalb South Subdivision dated 6-27-22 prepared by Wendler Engineering Services as shown on Exhibit A subject to all staff comments being addressed prior to recording of the Plat. Page 2 of 2 VICINITY MAP N 350 0 10 340 20 330 30 320 4O 310 50 300 60 290 70 280 80 PROJECT LOCATION W 270 90 E NEW ENERGY EQUITY, LLC SUNVEST SOLAR INC. E 260 100 2530 RIVA ROAD, SUITE 200 25 NORTH RIVER LANE 250 110 ANNAPOLIS, MD 21041 GENEVA, IL 60134 NEWENERGYEQUITY.COM SUNVEST.COM 240 120 443-267-5012 262-527-1200 230 130 220 140 210 150 PROJECT ADDRESS 200 190 170 160 LAT: 41°53'36.42"N 180 8801-8999 GURLER RD LONG: 88°46'15.23"W DEKALB, IL 60115 CITY OF DEKALB S S 1ST STREET DEKALB IL 60115 SYSTEM SPECIFICATIONS SYSTEM SIZE DC 2.8917 MW SYSTEM SIZE AC 2.0000 MW DC/AC RATIO 1.445 AZIMUTH 180 TILT 25° MODULE COUNT 8262 MODULE TYPE REC 350TP72 MODULE STC RATING 350 W INVERTER COUNT 34 [30] CPS SCA60KTL-DO/US INVERTER TYPE [4] CPS SCA50KTL-DO/US 113'-6" INVERTER POWER 60kW VEHICLE RACKING TBD TURNAROUND MONITORING ALSO ENERGY ELDINA M OBERG 3100 S 1ST ST, DEKALB, IL 60115 DESIGN CRITERIA MIN/MAX TEMP. -25°C / 32°C WIND SPEED (ASCE 7-10) 105 MPH EET BUILDING CATEGORY I STR EXPOSURE CATEGORY C SEPARATE SOLAR ARRAY GROUND SNOW LOAD 25 PSF ST BUILDING HEIGHT 0'-0" S1 OTHER NOTES FIRE DEPARTMENT WILL HAVE ACCESS VIA CORPORATE TAX A KNOX PRODUCT ACCEPTABLE TO BOTH MINESOTA MINING & AMP THE DEPARTMENT AND DEVELOPER 3050 CORPORATE DRIVE DEKALB IL 60115 DEVELOPED SOLAR FARM WILL HAVE PARCEL BOUNDARY RUNOFF CONDITIONS SIMILAR TO THE EXISTING FARMED FIELD. ARRAY FENCE ~3020' 10 ACRES INSIDE FENCED AREA REVISIONS INCLUDING NEW ACCESS ROAD # DESCRIPTION BY DATE ELDINA M OBERG EQUIPMENT PAD 0 ORIGINAL DESIGN KHC 4/16/2018 3150 S 1ST ST, DEKALB, IL 60115 1 CO-LOCATION UPDATE KHC 4/27/2018 UNDERGROUND RUN FROM 2 CUP UPDATES BC 7/11/2018 LAST INTERCONNECTION 3 CUP UPDATES KHC 8/20/2018 POLE TO EQUIPMENT PAD 4 UPDATED SINGLE LINE KHC 9/17/2018 EXTEND EXISTING 16" WATER MAIN 50' SETBACK FROM PROPERTY LINE 5 CUP UPDATES KHC 11/6/2018 TO WEST SIDE OF ENTRANCE DRIVE 6 110' 7 100' TO S 1ST STREET EXISTING 3500' S 4TH STREET GURLER ROAD 3-PHASE UTILITY DRAWN BY LINES KEVIN CORCORAN 50' LOCATION OF NEW INTERCONNECTION POLES, WOOD DIMENSION CLEARLY SHOWING MATERIAL, ~40 FEET IN HEIGHT PROJECT NAME THE 50' DEDICATION FROM THE CENTERLINE OF GURLER ROAD MIDLAND IRA CSG 1 NEW ACCESS ROAD RESIDENTIAL PROPERTIES ~1000' AND 0.8 % OF PROPERTY. ACCESS LOTHSON GARY LOTHSON GARY DRAWING TITLE ROAD CONSTRUCTION TO FOLLOW 17852 S 1ST ST, DEKALB, IL 17852 S 1ST ST, DEKALB, IL COUNTY RULES USING BITUMINOUS 60115 60115 AGGREGATE MIXTURE 6 INCHES THICK. SITE PLAN SCALE 1 RESIDENTIAL PROPERTIES 0 1" 2" 1" = 100' SHEET PV1 1 DRAWING SHEETS AND CONTENTS NOT TO BE DISTRIBUTED WITHOUT EXPLICIT WRITTEN CONSENT FROM NEW ENERGY EQUITY LLC. DRAWING SCALE ACCURATE WHEN THIS PAGE IS PRINTED ON 24"x36" PAPER.