DeKalb Times

City of Dekalb Planning & Zoning Commission met Dec. 5 

Here are the minutes provided by the commission:

The Planning and Zoning Commission held a meeting on December 5, 2022, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. 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, Jerry Wright and Vice Chair Bill McMahon. Max Maxwell was absent. Planning Director Dan Olson and City Engineer Zac Gill were present representing the City of DeKalb.

B. APPROVAL OF THE AGENDA (Additions/Deletions)

Vice Chair McMahon requested a motion to approve the December 5, 2022, agenda as presented. Mr. Wright 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. November 21, 2022 – Vice Chair McMahon requested a motion to approve the November 21, 2022, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Mr. Wright 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 Johnson Oil Co., represented by Kathy Peugh, requesting variances to the UDO to allow a food and beverage cooler within the 50- foot setback when abutting a residential district and parking spaces to encroach in the required setbacks for the property located at 175 W. Lincoln Highway (Shell Gas Station).

Planning Director Olson covered the Staff Report dated December 1, 2022 and reminded the Commission a variance was previously approved for the site but a building permit was not obtained within six months, and per the UDO, the variances expired. He added the delay was due to contractor health issues. He stated the applicant re-applied for a variance and is now only requesting one food and beverage cooler (instead of two) within the setback and for parking spaces to encroach within the required setbacks.

Mr. Olson explained the request meets all the requirements and criteria for a variance and no public comments have been received for this request. He stated the City staff recommends approval of this request.

Vice Chair McMahon asked if there were any comments from the public in which there were none.

Vice Chair McMahon asked if there were any questions or comments from the Commission members.

Bill McMahon asked the applicant if a contractor was ready at this time to begin work on the project and if it would be completed in the next six months. Keith Peugh, representing Johnson Oil, responded by saying yes, the contractor’s health has improved, and an architect is lined up for the project.

Jerry Wright asked if they have already started work on site. Keith Peugh replied no, just preliminary items have been looked into.

Ms. Pena-Graham moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission approve a variance to Article 5.08.04 of the Unified Development Ordinance (UDO) to allow a beverage and food cooler to encroach within the 50-foot building setback from the rear lot line when abutting a residential district and from Article 12.03.3 of the UDO to allow parking spaces to encroach within the required setbacks in the front, side, and rear yards for the property located at 175 W. Lincoln Highway as shown on the site plane dated 11- 16-22, labeled as Exhibit A.

Ms. O’Flaherty seconded the motion.

A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham Yes, Ms. Stoker- Yes, Mr. Wright- Yes, Vice Chair McMahon – Yes. Max Maxwell was absent. Motion passed 6-0-1.

2. Plat of Vacation– Portion of East Locust Street and North 8th Street (City of DeKalb).

Planning Director Olson explained this request is related to a Redevelopment Agreement the City Council entered with Nehring Electrical Works Company along E. Locust St. in October of this year.

City Engineer Zac Gill said there are significant demands for loading and offloading of trucks and traffic circulation issues along E. Locust Street between North 7th Street and North 10th Street and along N. 8th St. He added this area was developed over 90 years ago and there are very few options to make traffic flow better. Mr. Gill added the continued public use of E. Locust Street became unreliable due to truck staging within the public way.

City Engineer Gill continued with the proposal of the City vacating portions of E. Locust St. between N. 7th St. and N. 10th St. and N. 8th St. between E. Lincoln Hwy. and E. Locust St. to create additional parking and loading areas. He stated a couple of benefits of this proposal is no police traffic enforcement along the roadways and the City would not be responsible for street maintenance. Nehring owns most of the area in question with American Marketing owning a section near N. 9th and 10th Streets. Mr. Gill added a cross access easement is being requested to ensure American Marketing has access to their property along E. Locust St. Mr. Gill informed the Commission the City is working with American Marketing to grant additional access to their building off N. 10th St. along with creating perpendicular parking stalls along N. 9th Street.

Planning Director Olson noted the Redevelopment Agreement called for the rezoning of the properties Nehring owns to PD-I so this will come back in front of the Commission. Mr. Olson re-iterated truck traffic has become an issue on E. Locust Street and the City feels this is the best solution to rectify the situation.

City Engineer Gill emphasized the only other party directly impacted is American Marketing who has their own agreement with the City Council and is pleased with this proposal.

Mr. Becker inquired if Locust Street would be closed off on N. 9th Street so people who park on 9th Street cannot access E. Locust Street. City Engineer Gill responded the area along N. 9th Street and E. Locust will become Nehring’ s driveway and there will be a barrier curb with a grass terrace. He added the City will work with Nehring for signage to be placed at this location that states no entry or private drive.

Bill McMahon wanted to make sure Nehring Electrical and American Marketing were both on board and there were no comments from the public. Planning Director Olson stated yes and there has been no public comments.

Maria Pena-Graham questioned access for emergency vehicles and if they would be blocked from getting to one of Nehring’ s buildings if an emergency occurred. Mr. Gill stated it would be the same access as now. If trucks are staged as they are now, emergency vehicles may find it difficult to get access to buildings.

Jerry Wright inquired if electronic barriers or other barriers would be added and asked if it would only be signage present. City Engineer Gill stated there would be no barrier to prevent a vehicle from turning on to E. Locust St. from N. 9th St.

Steve Becker stated the City is ceding responsibility of maintenance of the roads to the company and inquired if there was a way to enforce the company to maintain the roadways. Planning Director Olson stated the City’s property maintenance code has requirements regarding conditions of driveways and private parking lots so a citation could be issued if it is not properly maintained.

Bill McMahon asked City Engineer Gill if he had any data on how much the public uses this area of roadway per day/week. City Engineer Gill said he does not, and the public has not relied on this area of roadway a lot due to the challenges that have been discussed.

Trixy O’Flaherty mentioned this seems like a creative solution for the challenges described.

Ms. O’Flaherty moved the Planning and Zoning Commission recommend approval of the Plat of Vacation for E. Locust Street and N. 8th St. dated 11-15-22 prepared by Fehr Graham Engineering & Environmental as shown on Exhibit A subject to all necessary certificates being added prior to the recording of 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, Mr. Wright- Yes, Vice Chair McMahon – Yes. Max Maxwell was absent. Motion passed 6-0-1.

F. REPORTS

Planning Director Olson announced the next scheduled Commission meeting will be held on Monday, December 19th which will consist of a hearing for a retail tobacco store at 901 E. Lucinda Ave. He added a hearing will also be held for text amendments to the UDO regarding retail tobacco stores. Mr. Olson stated there is currently nothing scheduled for the January 3rd meeting, and if cancelled a notice will be sent closer to the date. He informed the Commission the City Council approved the 145 Fisk Ave proposal at their last meeting on November 28.

G. ADJOURNMENT

Mr. Wright motioned to adjourn, Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:27 PM.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_12052022-2282