DeKalb Times

DeKalb Planning & Zoning Commission met Sept. 5.

Here is the minutes provided by the commission:

A. ROLL CALL

Recording Secretary, Linda Odom called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, David Castro, Max Maxwell and Jerry Wright. Commissioner Deborah Nier was absent.

City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton and Recording Secretary, Linda Odom.

B. APPROVAL OF THE AGENDA (Additions/Deletions)

Chair Christina Doe requested a motion to approve the September 5, 2018 agenda as presented. Ms. Buckley motioned to approve the agenda as presented. Ms. Barbe seconded the motion, and the motion was approved by unanimous voice vote.

C. APPROVAL OF MINUTES

July 18, 2018, August 8, 2018 and August 22, 2018 – Ms. Barbe motioned to approve the minutes, Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote.

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

Bessie Chronopoulos of 423 Gayle Ave. thanked the Commissioners for their service and stated that she would like to see the Commission have more meetings to discuss the comprehensive plan and be more involved on the vision of the community including housing. She feels the Commission is the body of people that are supposed to be the most technically oriented and knowledgeable about the codes and ordinances. She mentioned the sign ordinance will be coming up and she would like to see this discussed more with the Commission.

E. NEW BUSINESS

1. Public Hearing - Petition by Scott and Lisa Schmittle for a variance to Article 7.06 “Fences” of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot and approval of other such variations or relief as required to accommodate the proposed request on the subject property located at 145 Heritage Drive.

Scott Schmittle of 145 Heritage Drive said he is requesting a fence variance due to his house being on a corner lot. He stated his side yard that faces Fairview Dr. is called a front yard since it’s a corner lot and the UDO does not allow a six-foot high privacy fence in that yard up to the street. He added to be in compliance with the UDO the fence would have to be at the edge of the house. Mr. Schmittle went through a presentation with diagrams of how the fence will look and noting the fence will be consistent with all adjacent fences and will not block the line of sight along the street (Fairview Dr.).

Mr. Olson went over the staff report dated August 17, 2018. He mentioned six- foot high privacy fences are not allowed in the side yard adjacent to a street and the only fences allowed are open fences that are four-foot high or three-foot high privacy fences. Mr. Olson noted the reason for this type of restriction in the UDO was to help protect the side yard setbacks and the visibility of the adjacent homes. He showed an example of this by mentioning the lot to the east (146 Heritage) is adjacent to a home that faces Fairview Dr. and a six-foot high privacy at 146 Heritage would block the view of the adjacent home. Mr. Olson noted in the petitioner’s case the homes to the west have their backyards adjacent to Fairview Dr. and do not create a visibility issue. He said the UDO regulations were created to protect the line of sight but in this case, it will not be a problem. Mr. Olson said the City received a letter from a neighbor in favor of the fence, John and Margaret Adler on Cobblestone Court and it is made part of the record. Mr. Olson said there was an amendment to the UDO in 2009 to further restrict six-foot privacy fences on corner lots so there are a handful of corner lots in the City in the same situation that do have a privacy fences in the side yard. He noted, however, that this situation was not caused by the petitioner since he just bought the home in May of 2018. Mr. Olson summarized the findings of fact and noted there is a motion in the Commissioner’s packet for approval.

Chair Doe opened up the public portion of the hearing. There were no comments.

Chair Doe gave the Commissioners an opportunity to ask any questions. Mr. Maxwell asked about the line of sight for the turn lane at the intersection (Fairview Dr. and Heritage Dr.). Mr. Olson said there will be no visibility issue for traffic. Mr. Castro commented he usually in the past has felt we have an UDO for a reason but given the circumstances he does not oppose the petition. Chair Doe asked Mr. Schmittle if the neighbor’s tree will hinder putting up the fence. Mr. Schmittle said no there will not be a problem as there is adequate clearance.

Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed.

Chair Doe asked if the Commissioners had any more questions or comments. There was none.

Ms. Buckley made a motion based upon the submitted petition, testimony presented and findings of fact that the Planning and Zoning Commission approve a variance to Article 7.06 of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot for the property located at 145 Heritage Drive subject to fence location as shown on the survey dated 4-24-18 and received on 6-28-18 and constructed per the fence detail labeled as Exhibit A with the change of color to white for the fence. Seconded by Mr. Wright.

A roll call vote was taken. Ms. Buckley – yes, Mr. Castro – yes, Mr. Maxwell – yes, Mr. Wright – yes, Ms. Barbe – yes, Chair Doe – yes. Motion passes 6-0-1. Ms. Nier was absent.

2. Public Hearing - Petition by Dave Franzene, owner and applicant, for approval of zoning map amendment from the “GC” General Commercial District to the “PD- C” Planned Development Commercial District for a.79-acre site located at 1786- 1792 Sycamore Road. The petitioner is proposing the Planned Development zoning in order to accommodate a pawn shop, the continued use of a video gaming establishment and to allow other commercial uses in an existing 8,500 sq. ft. multitenant building located on the subject property.

Dave Franzene of 231 Greenwood North, DeKalb went through a presentation on seeking a special use permit for opening a pawn shop at 1786-1792 Sycamore Road. He mentioned that he is the owner of the building on the site and has had several tenants in the building, but this space has been vacant for seven years. He feels this would be a good business for DeKalb as people would be able to walk in and sell their items in person instead of using Craigslist or other websites. Mr. Franzene said this would be a safer place for people to bring their goods to sell and there would be a security system installed that is linked to the Police Department. He said Greg Holloway will be a partner with him who has been operating a pawn store in Naperville for several years. He also mentioned there will be sales tax charged so the City would benefit.

Mr. Olson went over the staff report dated August 22, 2018. He said this request would be a rezoning request from the General Commercial District to the Planned Development Commercial District and not a special use request. He said there are two tenants in the building which was constructed in 1998. Mr. Olson noted the building currently contains Charlie’s Gaming and Baxter and Woodman Engineers. He mentioned that the owner would like to continue the use of the video gaming establishment in the building which was established prior to the City adopting regulations on video gaming establishments in March 2017 that put them as a special use in the GC/LC Districts. Mr. Olson went over the Findings of Fact and mentioned the Police Department has no issues with the pawn shop and there will be no firearm sales allowed. He also mentioned there will be no building improvements and there are 35 total parking spaces which meet the requirements. Mr. Olson said they did receive a couple citizen response forms from Steve Irving of 1826 Sycamore Rd and the Kishwaukee Country Club both noting their approval of the request. In conclusion, Mr. Olson said there is a sample motion in the Commissioner’s packet recommending approval per the development standards and conditions listed on Exhibit A of the staff report.

Chair Doe opened up the public portion of the hearing.

Barry Wolfe of1221 Sycamore Road said this is a great idea and is in favor of the rezoning. Derrick Ibera stated he is a tenant in the building and operates Charly’s Video Gaming at 1792 Sycamore Road. He stated his support for this business and said Mr. Franzene is a very caring person and the property has always been kept up and very well lit.

Chair Doe gave the Commissioners an opportunity to ask any questions. Mr. Castro asked for clarification that Charley’s and the two nearby video gaming establishments were in existence prior to this application. Mr. Olson said that is correct. Ms. Buckley asked what the hours of operation would be. Greg Holloway of 1332 Stonegate Rd., Naperville and the operator of the proposed pawn shop responded the hours would probably be 10-6 during the week and 10-4 on Saturday. Ms. Buckley also asked what type of security they are considering on site besides the video cameras. Mr. Holloway responded that there will be video surveillance and buttons to lock and unlock the doors. Mr. Maxwell asked about the zoning. Mr. Olson clarified that it is a rezoning request to the Planned Development Commercial District and the pawn shop will be moved from a special use to a permitted use. Mr. Wright asked what type of profit does a pawn shop make. Mr. Holloway responded that in Naperville they produce $250-300,000 a year in sales, but the profit is obviously less. Mr. Wright asked what is the toughest part of the business. Mr. Holloway said the toughest part is having the knowledge of the different variety of items and what they are worth. Mr. Wright asked if they have had any security issues in Naperville. Mr. Holloway said not at all. Mr. Castro asked just for the record if the petition in front of the Commission is completely unrelated to the City licensing process for the pawn shop. Mr. Olson said that was correct. Ms. Buckley asked Mr. Holloway how the loans will work. Mr. Holloway said they take in inventory and it would be only collateral loans. Chair Doe asked if they had an over-abundance of inventory what would they do with it. Mr. Holloway said if it is not sellable they will donate it, or it will be stored. Ms. Barbe asked Mr. Olson if going from the General Commercial District to Planned Development District affects the whole building. He replied yes. Mr. Maxwell asked Mr. Olson if the 32 required parking spaces were shared among the businesses or per business in the building. Mr. Olson said the parking is for all the tenants and there is a formula in the UDO that is used to figure out how many spaces are required for each type of use.

Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed.

Chair Doe asked if the Commissioners had any more questions or comments. There was none.

Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District for a.79 acre site located at 1786-1792 Sycamore Road per the Development Standards and conditions listed on Exhibit A of the staff report. Seconded by Ms. Buckley.

A roll call vote was taken. Mr. Castro – yes, Mr. Maxwell – yes, Mr. Wright - yes, Ms. Barbe – yes, Ms. Buckley – yes, Chair Doe – yes. Motion passes 6-0-1. Ms. Nier was absent.

Mr. Olson thanked the first two applicants for waiting two weeks for their hearing.

3. Public Hearing – Petition by Adventure Works of DeKalb County Inc. represented by Lynette Spencer for approval of zoning map amendment from the “MFR-1” Multiple Family Residential District and the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 and 1215 Sycamore Road.

Lynette Spencer, Executive Director of Adventure Works, located at 1211 Sycamore Road explained that they are a youth organization that she founded in 2010. She added they have brought a service to the community as well as employment through their non-profit organization. She stated their mission is guiding youth and overcoming life challenges through adventure based counseling and education through outdoor behavioral healthcare. Ms. Spencer introduced some of the organization members that were present and went through the presentation explaining their organization and how they want to expand their property for an existing counseling center along with other groups they collaborate with in the community. Ms. Spencer added that they are in a contract to purchase the vacant property at 1215 Sycamore Road. She said they are asking for a zoning change to a Planned Development for their site and the vacant lot. She added they will not be building on it and it secures and squares up their property.

Mr. Olson went through the staff report dated August 31, 2018. He said Adventure Works is currently zoned multi-family with a special use for the counseling center and they want to rezone both lots to Planned Development - Residential. He mentioned the restrictions put on the building and went through the standards for the re-zoning in the report and felt there would not be any detrimental effects on the neighbors. Mr. Olson said there is a sample motion provided and a recommendation to approve with the conditions listed on Exhibit A in the staff report.

Chair Doe opened up the public portion of the hearing.

Judith Winter of 721 Krpan Ct. stated she is not at all opposed but has a concern and a possible suggestion. She said that the property Adventure Works owns is adjacent to her property and feels there is a confidentiality issue since there is really nothing to divide the two properties. She said sometimes when they are outside one can hear what is going on in the Adventure Works yard. Ms. Winter suggested they consider putting up something defining the lot line such as a barrier, which would help the confidentiality and safety in the future.

Barry Wolfe of 1221 Sycamore Road said he is completely in support of this but stated the Kishwaukee Water Reclamation District expansion adjacent to him is a mess and his house is the only one that did not get an offer from the District. His feels his property has been devalued by the expansion of the treatment facility. He said locations like the counseling center carry stigmas with them as does the waste water treatment plant and believes he will never be able to sell his house. He commented when the project started he had hoped that commercial would be built on the vacant lot but now it’s not going to happen. He has spoken with lawyers, real estate agents and his bank officer, all of them wanted to know why the City did not give him an offer on his property. Mr. Wolfe would like the City to give him an offer on his property. Ms. Jo Ellen Charlton stated she remembers Mr. Wolfe coming to the Commission meeting when the Sanitary District was asking for approval and believing the Director of the Sanitary District was going to talk to him. Mr. Wolfe said they have not done that. Ms. Charlton said she wasn’t sure the City could help him, but she will go back and listen to his testimony to see if there is anything represented by the District that they should follow up on. She said she would give him her card, so he can follow up with her.

Chair Doe asked if the Commissioners had any questions or comments.

Ms. Barbe asked about safety issues with kids because there is no fencing. Ms. Spencer said they were nationally accredited last year for having very stringent risk management protocols and response mechanisms in place. She said Sycamore Road does pose a concern, but they are constantly assessing safety. She added they have talked about putting in a barrier such as a fence that does meet the UDO regulations. Ms. Spencer said they do have plans of fencing off that edge by Ms. Winter’s property. She also mentioned that because they have outdoor activities, they cannot guarantee 100% confidentiality and parents and children 12 and older do sign a consent acknowledging the inability to guarantee confidentiality. Mr. Maxwell asked Mr. Olson about the UDO regulations for fencing. He responded that a fence can be constructed up to the rear lot line and could not be in front of the building in the front yard. Ms. Spencer asked Mr. Olson about the type of fence they can have. He responded that if it’s an open fence and lower in height, it can be closer to Sycamore Road. Chair Doe asked how the rezoning effects the apartment unit on the 2nd floor. Mr. Olson said the intent is to allow the existing dwelling unit on the 2nd level to remain and it should be part of the motion.

Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed.

Ms. Buckley made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “MFR-1” Multiple Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 Sycamore Road and approval of zoning map amendment from the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1215 Sycamore Road per the development standards and conditions listed on Exhibit A of the staff report along with continuing to allow one dwelling unit on the second level of the building on the property. Seconded by Ms. Barbe.

A roll call vote was taken. Mr. Maxwell – yes, Mr. Wright – yes, Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 6-0-1. Ms. Nier was absent.

4. Review and Recommendation – DeKalb County - Approval of a Special Use Permit for a Solar Garden – Suburban Apartments – Twombly Road.

Ms. Charlton went over a case being processed through DeKalb County that involves the construction of a solar garden next to Suburban Apartments on Twombly Road. She provided some background and talked about the City’s Comprehensive Plan and mentioned that the County gives the City a chance to review cases that are within a mile and a half from the City. She said the County public hearing will be held on September 13th. She said the applicant is Brett Robinson who is in attendance and represent the property owner. Ms. Charlton went through the site presentation and issues for considerations. She said she thought it would be nice if the City could do a properly noticed hearing and have adjacent residents come to the Commission to provide feedback. She stated we need to get input from the Fire Department because Suburban Apartments is not hooked up to city water. She said one of the City options would be to ask for a 60- day extension at the hearing on September 13th. She stated the City could also object to the use and that would advise the County that the City would not be involved anymore but are objecting to the use. In summary, Ms. Charlton said the recommendation is to slow it down and have the Planning and Zoning Commission adopt a motion to recommend the City Council approve a resolution that the City would present at the September 13th public hearing. Brett Robinson representing the applicant stated they want to work with the City. He said this solar farm is warrantied to be 80% effective after 25 years. Chair Doe asked why they chose this parcel and not the northeast parcel at the corner of Annie Glidden and Twombly Road. Mr. Robinson said they thought the northeast parcel spot might be better used for commercial uses. Chair Doe asked what the solar panels rate of movement is. Mr. Robinson said it varies every day of the year, but they move to follow the sun. Chair Doe also asked that since this is a high crime area would it be inviting to homeless people. He responded that they would have to get over the fence which might be difficult and the apartments have full time maintenance staff that would patrol the area. He mentioned the modules are strong and are insured. Mr. Maxwell asked if it was currently zoned AG. Mr. Olson responded that part is zoned Planned Development Residential and RC1 according to the public notice. Mr. Maxwell asked if the electricity gets sold back to the grid. Mr. Robinson said it’s sold to ComEd then sold back to the apartments at a discounted price. Ms. Buckley asked what type of barrier is there between the apartment complex and the solar farm area. Mr. Robinson responded a fence is proposed all the way around the site. Ms. Buckley asked if there are any other buildings that will have to be built. Mr. Robinson responded that an inverter will have to be built. Mr. Maxwell asked if anything must be dug and buried. Mr. Robinson stated they will have to dig under Twombly Road. Ms. Barbe asked if the solar panels will look like the image presented in the packet and Mr. Robinson responded yes.

Mr. Castro asked Ms. Charlton when the City heard about this petition. She said a couple of weeks ago and the City reached out to get information from DeKalb County. Mr. Castro asked who would respond if someone called 911. Ms. Charlton said the sheriff of DeKalb County and the City for a fire call. Mr. Castro is in favor of asking the County to have a dialogue about this and wants to give the residents a chance to give their input. Ms. Charlton said the County did send a notice to the residents south of this property about their hearing. Dr. Shan Bedi, owner of the subject property, talked about the plans and said solar gardens are widespread now across the country. He thought there were four fire hydrants on the property with adequate pressure. He said he would like to provide the apartment tenants a discount rate for electricity and feels in the long run it will be good for the residents. Chair Doe thinks this is a great project and learning from experience, she agreed to ask the County to slow down on this. Mr. Maxwell stated he wanted to keep the residents informed.

The Planning & Zoning Commission made a motion to ask the DeKalb County hearing officer to delay the completion of the public hearing for 60 days in order to give the City time to complete a thorough review and examination of the witnesses and the testimony so that the City can provide better feedback. Moved by Ms. Buckley, seconded by Mr. Maxwell and the motion was approved by unanimous voice vote.

Ms. Charlton wanted to give the Commission an update that there are two other solar projects that might be coming forward for consideration within the City. One is on the southwest part of town at S. 1st St. and Gurler Road and the other one is on the north side of Pleasant St. just north of Taylor Airport on property owned by the City.

5. Review and Recommendation – DeKalb County - Wind Energy Ordinance

Ms. Charlton said DeKalb County has been evaluating their wind ordinance and they have finalized a draft. She said the Mayor has participated in some of the preliminary meetings at the County and is not looking for a formal recommendation from the Planning and Zoning Commission at this time. Ms. Charlton stated the public hearing will be on September 24th from 1-4:30 and 6-9:00pm at the Egyptian Theater. She said the Mayor asked her to give a brief overview to the Commission and get general feedback. Ms. Charlton went through the key points of the Ordinance and noted it’s on County’s website under Hot Topics. Ms. Buckley asked if this is the EDF renewable energies companies wind farm or is this in general for the whole County. Ms. Charlton said this is a text amendment, so it would apply for any wind farm proposal that came forward in the County. Ms. Buckley said there have been multiple hearings on EDF and asked if this is something the City would adopt. Ms. Charlton said the City already has wind and solar provisions in the UDO, but in a much-reduced scale than what the County is proposing. Ms. Charlton said this is informational and there is no formal recommendation requested. Ms. Buckley added if the County could keep them informed as they go through the process and the Commission get a final copy of the ordinance.

F. REPORTS

Mr. Olson mentioned the next Planning and Zoning Commission meeting will be Wednesday, September 19, 2018. There will be one public hearing for Hillcrest Covenant Church which is requesting an electronic readerboard sign.

Mr. Olson reported that the video gaming establishment at 850 South 4th St. (Maisy’s) was approved by the City Council at their August 27th meeting. He added the Council added a condition that no temporary sign could have any reference to video gaming or alcohol on it. Chair Doe mentioned she saw the City Council discussing the signage regulations and the Mayor said this would be a good time for the regulations to be reviewed. Ms. Doe said she sent an email to the Mayor indicating she hoped that someone on the Planning and Zoning Commission will be part of that discussion.

G. ADJOURNMENT

Ms. Buckley motioned to adjourn, Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 8:59pm.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_09052018-1436