DeKalb Times

City of Dekalb Planning and Zoning Commission met November 7.

Here is the minutes as provided by the commission:

The Planning and Zoning Commission held a Meeting on November 7, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. 

Chair Christina Doe called the meeting order at 6:02 PM.

A. Roll Call

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

City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton, and Recording Secretary, Christine Wang

B. Approval of the Agenda (Additions/Deletions)

Chair Christina Doe requested a motion to approve the November 7, 2018 agenda as presented. Ms. Barbe motioned to approve the agenda as presented. Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote.

C. Approval of Minutes

October 3, 2018 – Ms. Buckley motioned to approve the minutes, Mr. Maxwell 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 – Petition by Cornerstone DeKalb LLC, represented by John Pappas, for approval of amendments to Ordinance 2017-011 to add additional service facilities to the list of permitted commercial uses in Article II.C of the Ordinance up to 2,000 square feet and also requesting the maximum square footage allowed for “Professional Service Offices” in the Ordinance to be increased from 1,000 square feet to 2,000 square feet for 106, 112, 118, and 124 E. Lincoln Highway and 122 S. 1st St. (Cornerstone DeKalb)

Principal Planner Dan Olson went over the staff report dated November 2, 2018 and noted that the Planned Development Ordinance (2017-011) for Cornerstone DeKalb that was approved on February 27, 2017, which included allowing three categories of permitted commercial uses. These uses included retail uses, including minor incidental services accessory to retail uses; restaurants and retail food establishments, including bars that maintain service of food; and professional service offices with not more than 1,000 square feet of the available commercial square footage permitted to be utilized for this purpose. He stated that approving the proposed amendments would allow additional space for service uses in the building, which would help bring additional foot traffic to the area and provide services for the residents of the building. He noted that there was ample retail space available in the downtown area, so the location of service uses in the part of the ground floor would not take up space that is in high demand for retail use.

Chair Doe opened the floor to public comment. There was none.

Ms. Buckley asked if this proposal would change anything on the upper floor or if it was limited to the ground floor. Mr. Olson responded that it would be just the ground floor with no changes to the upper floors. Chair Doe referred to the proposed amendment to the Ordinance regarding the change from 1,000 to 2,000 square feet professional service offices and asked for clarification. Mr. Olson stated that there would be two categories of service facilities, the “professional service offices” would be more legal and medical offices and other service uses would cover uses such as beauty shops and nail salons. He also clarified the maximum square footages that would be allowed with the proposed amendments.

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

Mr. Wright asked a question regarding service facilities in Exhibit A, item 4. Mr. Olson responded that the service facilities are in addition to the professional service facilities as listed in the Planned Development Ordinance for Cornerstone.

Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission recommend to the City Council approval an amendment to Ordinance 2017-011 to add to the list of permitted commercial uses in Article II.C of the Ordinance the following uses up to 2,000 sq. ft. of the available commercial space: “Services facilities including barber shops, beauty shops, nail salons, copying services, artists’ studios, photographers, tailors, music and dance instruction, suntan parlors, travel agencies, and other similar service facilities with determination of what constitutes a similar service facility being made by the City Manager.”; and to approve the maximum square footage allowed for “Professional Service Offices” in Article II.C of the Ordinance be increased from 1,000 sq. ft. to 2,000 sq. ft. for the subject property located at 106, 112, 118 and 124 E. Lincoln Highway and 122 S. 1st St. as outlined in Exhibit A of the staff report. Seconded by Ms. Barbe.

A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Maxwell – yes, Mr. Wright – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Castro was absent.

2. Public Hearing – Petition by Plaza DeKalb LLC, represented by John Pappas, for approval of amendments to Ordinance 2017-036 to add additional service facilities to the list of permitted commercial uses in Article II.C of the Ordinance up to 2,000 square feet and also requesting the maximum square footage allowed for “Professional Service Offices” in the Ordinance be increased from 1,000 square feet to 2,000 square feet for 203, 209, 223 and 229 E. Lincoln Highway (Plaza DeKalb)

Principal Planner Dan Olson went over the staff report dated November 2, 2018 and noted that similar to Cornerstone, the Planned Development Ordinance (2017-036) for Plaza DeKalb that was approved on August 14, 2017 had three categories that were permitted for commercial uses. These included retail uses; grocery stores, restaurants, and retail food establishments; and professional service offices with no more than 1,000 square feet of the available commercial space. Mr. Olson noted that there was no change proposed to the upper levels of the building. He also noted that the approval of the proposed amendments will allow for some additional space for service uses in the building, and that the service uses would help bring additional foot traffic to the area and provide services for the residents of the building. Mr. Olson said that the City staff recommended approval of the proposed amendments.

Chair Doe opened up to public comment. There was none.

Ms. Barbe stated that the numbering of the buildings was confusing and asked for clarification. Mr. Olson responded that the addressing was done by the GIS Planning Technician with the City in consultation with the Fire Department and that it is common to leave a gap of numbers in addressing in case future tenants or apartments are added.

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

Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission recommend to the City Council approval an amendment to Ordinance 2017-036 to add to the list of permitted commercial uses in Article II.C of the Ordinance the following uses up to 2,000 sq. ft. of the available commercial space: “Services facilities including barber shops, beauty shops, nail salons, copying services, artists’ studios, photographers, tailors, music and dance instruction, suntan parlors, travel agencies, and other similar service facilities with determination of what constitutes a similar service facility being made by the City Manager.”; and to approve the maximum square footage allowed for “Professional Service Offices” in Article II.C of the Ordinance be increased from 1,000 sq. ft. to 2,000 sq. ft. for the subject property located at 203, 209, 223 and 229 E. Lincoln Highway as outlined in Exhibit A of the staff report. Seconded by Ms. Buckley.

A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Maxwell – yes, Mr. Wright – yes, Chair Doe – yes. Motion passed 5-0-1. Mr. Castro was absent.

3. Public Hearing – Petition by SV CSG South DeKalb 1 and 2 LLC for approval of a zoning map amendment from the “HI” Heavy Industrial District to the “PDI” Planned Development – Industrial District and approval of a Planned Development Preliminary Plan for the development of two, 2 megawatt community solar gardens (North side of Gurler Rd., 500 feet east of S. 1st St.)

Bill French from SunVest Solar Inc, 25 N. River Lane, Geneva, IL 60134 on behalf of James Planey, said that he is requesting a zoning map amendment from the “HI” District to the “PD-I” District, and approval of a PD preliminary plan for the development of two, 2 megawatt community solar gardens. Mr. French stated that the Illinois General Assembly passed the Future Energy Jobs Act in an effort to encourage solar energy production in the state and gave further background information about solar energy production in the state. Mr. French said that community solar projects have many benefits to the consumer and that users would contract directly with the developer. Mr. French gave more specific information on the project and stated that the subject property is currently being used as agricultural. He stated that according to the 2005 Comprehensive Plan, the subject property is designated as “Light Industrial.”

Mr. French stated that the project plan is to have a 3-lot subdivision and rezone the property from existing “HI” Heavy Industrial to PD-I Planned Development – Industrial. There would be two 2 megawatt solar arrays on two parcels and a future industrial lot on the third parcel. He stated that there would be a roadway dedication along Gurler Road and South First Street with a 20-foot utility easement for future expansion along Gurler. He also added that a water main extension to the west side of the proposed access on Gurler Road will be completed. He stated that he is requesting waivers from the UDO to install a seven-foot chain-link safety fence around the perimeter of the solar facilities, a waiver for streets, sidewalks, and subdivision design, and a waiver from the requirements to install lighting. He also stated that he is requesting a waiver from landscape requirements of all perimeter yards as landscaping is being provided along Gurler Road and adjacent to the existing residence to the west of the site.

Mr. French noted the existing conditions as well as the preliminary plat. He described the general project and stated that it would be located on about 26 acres of the property. Each 2 megawatt array would have 11-12 acres allocated and that there would be an access drive from Gurler Road into the project to reach the equipment pad just inside the fence. He stated that there would be three additional utility poles installed at the southeast part of the site for the interconnection to the existing ComEd distribution system and there would be a 60 feet buffer yard along Gurler Road. Mr. French also indicated there would be a 100-foot buffer yard to the existing residence to the west, a 7- foot chain-link fence around the perimeter of the solar panels, and landscape screening. The landscape plan contains a continuous row of ornamental trees along Gurler Road and would provide landscape screening to the residence to the west of the subject site. Mr. French also stated that there would be a native prairie pollinator seed mix around the solar arrays, which would be attractive and is low maintenance.

Mr. French explained the racking system will consists of steel piling I-beams driven approximately 8-15 feet into the ground. He stated that the rows for the fixed solar installation run from east to west, and the solar panels will face south. Spacing between the rows will be 16-18 feet and installation will take about 8-12 weeks. He indicated that the ground will be seeded after construction to eliminate erosion and weeds. Regarding maintenance, Mr. French stated that panels will be maintained twice a year for inspection and cleaning. He said that 1 megawatt of solar power can power 200 homes. As there are no buildings or lighting on the site, as well as no moving parts, minimal sound emission, and the maximum panel heights around 9.5 feet, maintenance will be easy. Mr. French noted that operations and maintenance will be done remotely via computer connection.

Mr. French stated that a property value impact study from Cohn-Reznick indicated that were no measurable adverse impacts on property values of properties adjacent to solar gardens. He also stated that the economic benefits of this project would earn an estimated additional property tax revenue of $35,854 per year for a 4 megawatt project, with minimum impact on the City of DeKalb services. He stated that there are no other special considerations being requested from the City. Mr. French stated that community solar garden projects provide businesses or residents an opportunity to subscribe to solar projects in different capacities. He also indicated that while the project is not completely silent, it is very quiet.

Mr. Olson went over the staff report dated November 2, 2018 and noted the UDO does not have community solar garden provisions, which justifies the rezoning request to a planned development. He stated that the layout of the site with the setbacks from the center line of Gurler Road and that they are requesting an additional 50-feet from the right-of-way. Mr. Olson went over the waivers to the UDO that were being requested. Mr. Olson stated that the City is not requiring the extension of the watermain along Gurler Road or S. 1st St. at this time, but that looping the watermain along those streets would be required once the industrial portion of the site is developed. He stated that the developer agreed to secure 50% of the installation costs for a 16-inch watermain across the subject property’s frontage along Gurler Road with annual payments to be determined and agreed to by the City and developer prior to final City Council action.

Mr. Olson said that landscaping is proposed along Gurler Road and adjacent to the residential property to the west. The electrical cables are buried throughout the project areas, but six new 40-foot-tall overhead utility poles are proposed along Gurler Road at the southeast portion of the site. Mr. Olson stated that the applicant is also seeking waivers in the UDO to fencing, lighting requirements, landscaping, and streets, sidewalks, and subdivision design.

Mr. Olson noted that according to the standards of rezoning in the UDO, the proposal conforms to the Comprehensive Plan and that the applicant has indicated the site has been marketed for almost 20 years and there has been little interest by industrial users. Mr. Olson said that the proposed rezoning conforms to the intent and purpose of the UDO as re-zoning of the subject site to the PD-I District will allow the project to comply with the regulations of the UDO except for the previously mentioned waivers. Mr. Olson stated that the proposed zoning and land use are consistent and compatible with the surrounding area and Comprehensive Plan. The proposed use is a renewable energy source that will be a benefit to the City and to the area. He stated that the “PD-I” District will allow the property to be used in a manner that will be compatible with the surrounding area and consistent with the Comprehensive Plan recommendations. Mr. Olson noted that there was one citizen response form from Elisheva Beller of Oak Properties Limited Partnership. He indicated the applicant contacted Ms. Beller and answered all her questions.

Chair Doe opened to public comment. Chair Doe asked if Ms. Beller if she has any further questions or comments. Ms. Beller had none.

Mr. Maxwell asked where the electricity would be going back into the grid. Mr. French responded that there is an existing three-phase line that runs along the north side of Gurler Road. Mr. Wright asked about the environmental impact and if there were any history of problems or difficulties that people may run into or have seen in the past. Mr. French responded that the panels are monocrystalline panels with silicone in between the glass. All materials are inert, so it would not leach. He stated that he was not currently aware of any environmental issues that would occur on the panels beyond the property. Mr. Wright asked how long the panels have been used. Mr. French responded that these have been in place across US for the last 20 years. Mr. Wright also asked about the noise. Mr. French responded that there is a small amount of noise in the day and none at night.

Chair Doe asked about any potential blockage of the road given the placement of the property and Gurler Road and the commercial vehicles going on the road, and the school (St. Mary’s) down the road. She asked if the timing of buses dropping off students or construction on the site would block the road or cause traffic issues. She also asked if Mr. French would work with the school and City to minimize impact during school times or for residents. Mr. French indicated that he would work with them to minimize impact and come up with a plan. Chair Doe stated that the construction timeframe will not be long but for the time of construction, the impact should be minimized. James Planey, who owns the parcel in question, stated that most trucks get off I-88 onto Peace Rd, and that they can be coordinated to go on S. First St to avoid the school. 

Ms. Buckley asked about the posts on the frames and what they are coated with to prevent rust. Mr. French stated they are galvanized steel. Mr. Maxwell asked if there would be any milkweed in the prairie seed mix to get back monarch butterflies. Mr. French indicated that there would be milkweed in the seed mix. Mr. Wright asked about the relationship between the community solar garden and ComEd. Mr. French stated that the relationship is implemented and managed by the Illinois Power Agency. The Agency procures electricity and sets rate barriers. He stated that if the applicants exceed the 333 MWs by 200%, there will be a lottery and if they are selected, they will sign a contract and apply for renewable energy credit.

Chair Doe noted that this could possibly power 200 homes and asked if a large company wanted to utilize the garden, could they be eligible. Mr. French stated that they would be eligible, but only up to 40% of the output. He said that this project is to encourage small business owners and homes to use solar energy. Mr. Planey also stated that electricity in apartment buildings is also included in the target usage. Chair Doe asked to clarify that an apartment building owner that pays for the electricity of the building would be eligible, and individual tenants that pay for their electricity would be eligible to apply. Mr. French stated that this was the case. Chair Doe asked when the community would know when this becomes available. Mr. French indicated that it was an open solicitation to DeKalb and Sycamore. Chair Doe also asked about scammers on the phone and messaging from the City. Jo Ellen Charlton said that staff can put out press releases with information. Mr. Maxwell asked that if everyone in the ComEd system is eligible, and Mr. French indicated that they were.

Ms. Elisheva Beller, who is the manager of Oak Properties, had a question regarding the extension of watermain down S. 1st St. next to their property (2805 S. 1st St.). She mentioned they are currently unincorporated but asked when the watermain would be extended in the future. Mr. Olson stated that the watermain would be extended once the industrial portion of the subject site is developed. Ms. Beller also asked about plans for solar panels once their useful life is up. Mr. Olson stated that they would likely have to do a resubdivision and amended plan and that it would come back up to the Commission.

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

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 “HI’ Heavy Industrial District to the “PD-I” Planned Development – Industrial District and approval of a Planned Development Preliminary Plan for the development of two, 2 megawatt community solar gardens on lots 1 and 2 and industrial uses on lot 3, as shown on the Preliminary Plat, per the standards of the “HI” Heavy Industrial District of the UDO and approval of waivers to Article 7.06 Fences, Article 10.05 Lighting Requirements, Article 12.04 Landscape Requirements and Article 9 Streets, Sidewalks and Subdivision Design of the UDO for the subject property per the Planned Development Plans and Development Standards listed in Exhibit A and subject to all staff comments being addressed prior to final City Council action as listed in Exhibit B with the provision that coordination be made with St. Mary’s School for construction and for adding a 25 foot easement to the west side of the property as per Exhibit B, item 17. Seconded by Barbe.

A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Maxwell – yes, Mr. Wright – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Castro was absent.

F. Reports

Mr. Olson mentioned the next Planning and Zoning Commission meeting will be Wednesday, November 21st, however since it’s the day before Thanksgiving, the meeting is planned to be cancelled. He added the next meeting after that is December 5th. Mr. Olson said a new PZC member was appointed by the Council and his name is Ron Klein and he will be joining the Commission for the December 5th meeting. Mr. Olson concluded by mentioning at the last City Council meeting, the Council approved the solar farm on Twombly Road and was forwarded to the hearing officer at Dekalb County. He stated that the hearing at the County was continued to November 15th and will go to County Board after that.

G. Adjournment

Ms. Barbe motioned to adjourn, Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 7:17 pm.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_11072018-1500