Planning & Zoning Commission
Regular MeetingDeKalb, IL · July 18, 2022
Minutes
Planning and Zoning Commission
July 18, 2022
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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
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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
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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
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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
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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
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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
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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
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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
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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.