DeKalb Times

City of Dekalb Planning & Zoning Commission met July 15.

Here are the minutes provided by the commission:

The Planning and Zoning Commission held a meeting on July 15, 2024, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. DeKalb, Illinois. Chair Max Maxwell called the meeting to order at 6:00 PM.

A. ROLL CALL

Recording Secretary, Olivia Doss, called the roll. Planning and Zoning Commission members present were: Chair Max Maxwell, Vice Chair Bill McMahon, Steve Becker, Maria Pena-Graham, and Jerry Wright. Trixy O’Flaherty and Shannon Stoker were absent. Planning Director Dan Olson was present representing the City of DeKalb. City Manager Bill Nicklas, Assistant City Manager Bob Redel, and City Engineer Zachary Gill were also present on behalf of the City of DeKalb.

B. APPROVAL OF THE AGENDA (Additions/Deletions)

Chair Maxwell requested a motion to approve the July 15, 2024, agenda as presented. Vice Chair McMahon 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. July 1, 2024 – Chair Maxwell requested a motion to approve the July 1, 2024, minutes as presented. Mr. Wright motioned to approve the minutes as submitted. 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 Karis Acquisitions, LLC, for amendments to Section 2 of Ordinance 2023-038 to add "Data Center" to the list of permitted uses, increase the maximum building square footage and amend the Concept Plan to accommodate the "Data Center Site Plan" for the 132-acre subject property located at the northeast corner of Peace Road and Gurler Road.

Vice President of Development for Karis Acquisitions LLC, David Dix, spoke on behalf of the Petitioner regarding their application. Mr. Dix introduced the team with the project: Ivy Miller with Karis Acquisitions, LLC, Matt Norton, legal counsel – Burke, Warren, MacKay and Serritella, and Bill Bohne, civil engineer – Jacob & Hefner. Mr. Dix described Karis Acquisitions, LLC as a data developer, specializing in data centers and cold storage all over the country, stating they currently have 1.5 billion sq. ft. in production of completed and upcoming projects. He reviewed the proposed project of seven buildings totaling about 2,000,000 sq. ft. The updated site plan was shown on the monitor. Mr. Dix concluded by letting the Commission know he was there to answer any questions.

Attorney Matt Norton, legal counsel to Karis Acquisitions, clarified his client is not seeking a zoning change, as the property was already annexed and zoned to the PD-I “Planning Development-

Industrial” District in 2023. He advised they are simply seeking to add “Data Center” to the permitted uses in Ordinance 2023-038 as well as increasing the allowable square footage and approving a new Concept Plan. Mr. Norton discussed the process for the City Council approving any new uses when properties are zoned PD-I “Planned Development-Industrial”, and recapped the uses previously approved by City Council for Ordinance 2023-038. He noted “Data Center” probably should have been approved previously in light of the trend of development in the area.

Further, Mr. Norton discussed the request to increase the allowable building square footage from 1,645,000 to 2,000,000 sq. ft. He acknowledged they are at the concept stage, noting prior to any actual development Karis would need to have the Preliminary and Final Development Plans approved by the Planning and Zoning Commission as well as City Council. Attorney Norton addressed how Karis is currently in compliance with the zoning standards, referencing the City’s Comprehensive Plan, and citing much of the area surrounding the proposed site is all zoned PD-I “Planned Development-Industrial”. The revised site plan was shown on the monitor again while Mr. Norton discussed the goals of the Comprehensive Plan which strives “to encourage research facilities, along with other light industrial uses, including Data Centers”. He added that Karis meets all these goals, and Data Centers are already permitted uses in the Industrial District of the Unified Development Ordinance (UDO), making it appropriate to add the use to this Planned Development. Additionally, Attorney Norton stated they are confident there are adequate public facilities, including water and sewer, to accommodate the Data Center. He concluded noting ongoing discussions with ComEd regarding electricity, and addressing the traffic concerns, stating the traffic created by Data Centers is low.

Planning Director, Dan Olson, gave his Staff Report dated July 11, 2024. Mr. Olson noted Mr. Dix and Mr. Norton already discussed the background of the property and Petition. He reminded the Commission this 132- acre property was annexed to the City in September of 2023, and re-zoned to PD-I “Planned Development-Industrial” at that time. Mr. Olson noted no end user was named in 2023, and only a Concept Plan and basic development standards were approved.

Mr. Olson further discussed the Concept Plan from 2023, stating without an end user, the items covered on the Plan were proper setbacks, storm water detention, parking, and how much building coverage could fit on the property. The original site plan for the Data Center was shown on the monitor reflecting seven two-story buildings of 250,000 sq. ft. each with a 17.5-acre ComEd substation at the southwest corner of the property. Mr. Olson addressed a change to the original site plan regarding the ComEd substation, mentioning concerns about the location of it. He added prior to the Commission meeting discussions took place between the City, the Petitioner and ComEd regarding the location of the substation. Ultimately, the substation was moved to the southeast corner of the site and increased to 20 acres. Mr. Olson noted the seven buildings would not have any changes to their size, and the revised site plan still meets all setbacks approved in Ordinance 2023-038. Mr. Olson confirmed on a conceptual basis, the Plan met all requirements, and added the Commission will see it again at the preliminary plan stage, which will include architectural renderings, landscaping, and other details. He identified the importance of preserving the campus look currently present in this area of Peace and Gurler Roads, and on behalf of the City, recommended approval of the conceptual plan and the proposed amendments.

Mr. Olson noted the public comments received. He mentioned the letter from ChicagoWest Business Center Manager, Jerry Krusinski, who stated he does not object to the data center, however is concerned with the proposed location of the ComEd substation (SW corner of the site). Mr. Olson added Mr. Krusinski requested the location be in an area that screens and minimizes the visual impact to adjoining properties. Mr. Olson also stated Deb Ridder of 11894 Gurler Road, DeKalb, submitted an e-mail, which listed the pros and cons of the Data Center. He mentioned the letter indicated the Data Center was more appealing to her than additional warehouses, as it would bring in less truck traffic. Mr. Olson also said Ms. Ridder’s e-mail had concerns about the impact of the lighting at the property, the constant headlights from the traffic movement close to her home, and the impact of the pond on the site on their well. Mr. Olson addressed Ms. Ridder’s concerns, reminding the Commission the applicant will need to submit a Preliminary Plan showing the proposed lighting and setbacks prior to any further development. It was also noted Ms. Ridder concerns were based on the original Site Plan, not the revised one. He pointed out the traffic on Gurler Road, that Ms. Ridder was concerned about, would no longer be an issue with the access point being moved further west.

One Public Speaker Request Form was turned in from Roy Jones, 4462 E. 1251st St., Earlville, IL 60518. Mr. Jones addressed the Commission, questioning why it is so easy to allocate land for warehouses but so difficult to dedicate significant prairie restoration areas or conceptualize land use for grid elements. He went on to discuss how we are close to falling out of line with best practices and land management stewardship, and reluctantly closer to recognizing the desire of DeKalb is to be a corporate sponsor.

Speaking to how residents of DeKalb see investments company and power projects blooming on small parcels, he questioned where the residential benefit was without DeKalb holding the core value of energy. Mr. Jones discussed the previous approvals by the Commission which, seems to him, have been giving a perpetual lease of our land and resources to out of state entities at a flat rate with the promise of “many jobs”, adding his research reflected workers drive from across DeKalb County, and few jobs arise from these large Data Centers. He added it seems like a bad deal for all involved when residents are being nickeled and dimed for arbitrary water usages. He urged the Commission to move on from the stage of approving warehouses, and onto the opportunities to prioritize infrastructure investments in renewable self-sufficient microgrids belonging to the municipalities of Illinois, siting several studies regarding water and energy use. In conclusion, Mr. Jones stated he believes we need to reprioritize and recognize the duty the City has now and going forward to steward existing ecological systems by working to ensure real energy equity through environmental security.

Chair Maxwell closed the public hearing.

Vice Chair McMahon asked how many jobs the proposed Data Center would create. Mr. Dix responded noting approximately 75-100 jobs per building.

Chair Maxwell addressed Ms. Ridder’s concerns regarding traffic by asking Mr. Dix about how the buildings will be managed, and if it will involve shifts. Mr. Dix responded that while the buildings may need round-the-clock monitoring, the traffic flow will be minimal. Mr. Olson added there is a requirement in Ordinance 2023-038 requiring the developer to have a traffic analysis done, which will be reviewed by the City Engineer, Zachary Gill.

Mr. Becker acknowledged Mr. Jones’ comments stating they are good points and need to be considered. He added this area has already been zoned PD-I “Planned Development – Industrial”, therefore, while he agrees the Commission needs to keep Mr. Jones’ points in mind going forward, this proposal does meet the requirements of the Comprehensive Plan. Mr. Becker stated he did not assume the ComEd substation would require much lighting beyond for security purposes. Mr. Dix responded they will propose landscaping along Gurler Road to help alleviate the amount of light noticed from the street. Mr. Becker and Mr. Olson continued to discuss the direction of the lighting, noting it would be pointed downward and not horizontal.

Mr. Wright asked Mr. Dix about the amount of traffic in and out of the Data Center. Mr. Dix directed the question to their Civil Engineer, Bill Bohne, who gave the traffic study results. Mr. Bohne noted at total build out, there would be 122 cars in and 100 cars out during morning and afternoon peak hours. He reiterated the original proposed entrance at Gurler Road was shifted west to line up with Afton Road pushing the traffic towards the roundabout at Peace and Gurler Roads.

Mr. Wright inquired about the amount of security needed for the Data Center. Mr. Dix stated high security would be needed, adding it would likely be similar to the amount of security provided by their neighbor on the opposite corner (Meta).

Mr. McMahon asked if the buildings would be occupied by one tenant or seven different tenants. Mr. Dix was not sure at this time but is ideally hoping to obtain one tenant for all seven buildings.

Mr. Wright inquired about the main reason for the ComEd substation shift. Mr. Olson mentioned there were concerns from the City and from Mr. Krusinski, both noting the aesthetics and the need to preserve the campus look.

Chair Maxwell asked about signage. Mr. Dix stated they would comply with the City requirements for signage. Chair Maxwell thanked Mr. Dix and Mr. Bohne for their time.

Vice Chair McMahon moved that based upon the submitted petition and testimony presented, I move the Planning and Zoning Commission recommend to the City Council approval for amendments to Section 2 of Ordinance 2023-038 and the “Planned Development Standards” approved by said Ordinance to add “Data Center” to the list of permitted uses, increase the maximum building square footage from 1,645,000 sq. ft. to 2,000,000 sq. ft. and amend the Concept Plan to accommodate the “Data Center Site Plan” dated July 12, 2024 as shown on Exhibit A for the property located at the northeast corner of Peace Road and Gurler Road.

The Motion was seconded by Mr. Becker. A roll call vote was taken: Becker – yes, Pena-Graham – yes, Wright – yes, McMahon – yes, Maxwell – yes. Commission Members O’Flaherty and Stoker were absent. Motion passed 5-0-2.

2. Public Hearing - A petition by Steve Shipman for approval of a variance to Articles 7.06.4.b and 7.06.6 of the Unified Development Ordinance to allow a 6-foot-high privacy fence in a portion of the front yard along School St. for the property located at 960 N. 12th St.

The Petitioner, Steve Shipman, of 960 N. 12th Street was present, but did not wish to speak. Mr. Olson spoke on his behalf regarding the variance. Mr. Olson discussed the background of the request, noting the property is a corner lot which can be restrictive as the Commission has seen recently. He added he met with Mr. Shipman to discuss the requirements for the variance, and they agreed on a 4ft setback from the sidewalk for the fence. The home is approximately 16ft 6in from the sidewalk along School Street, leaving room for the 4ft fence setback. Mr. Olson stated this request is similar to the one approved at the last meeting for the variance on North 14th Street. He clarified Mr. Shipman would like to have the fence setback 2ft towards the east end of his property to go around some landscaping. Mr. Olson stated the Petitioner would like additional safety and privacy due to his home being in close proximity to Littlejohn Elementary School. He confirmed the variance request met the hardship requirements, and added the fence would not create any negative impacts. Mr. Olson noted the City recommended approval of the variance.

No public comments were received or made at the meeting.

Mr. Becker stated this is a typical variance request. Ms. Pena-Graham added it made sense and she was in support.

Ms. Pena-Graham moved that based on the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission approve a variance to Articles 7.06.4.b and 7.06.6 of the Unified Development Ordinance to allow a 6-foot-high privacy fence in a portion of the front yard along School St. for the property located at 960 N. 12th St. as shown on Exhibit A of the staff report dated July 11, 2024.

The Motion was seconded by Mr. Wright. A roll call vote was taken: Becker – yes, Pena-Graham – yes, Wright – yes, McMahon – yes, Maxwell – yes. Commission Members O’Flaherty and Stoker were absent. Motion passed: 5-0-2.

F. REPORTS

Planning Director Dan Olson said the next meeting will be August 5 and the Commission can expect a special use permit request and possibly another plat of subdivision. He added more information will be provided. Additionally, Mr. Olson said the meeting on August 19, 2024, will be held at the DeKalb Police Department Training Room, as the City Council will hold one of many budget meetings on that same date in the Yusunas Room at the Library. Mr. Olson mentioned the City Council tabled the Plat of Resubdivision on Fairview Dr. to the next Council meeting on July 22, due to a 3-3 vote to approve and postpone it on July 8.

Mr. Wright inquired about Mr. Jones’ earlier comments. Mr. Olson replied there is a link to the Comprehensive Plan on the website and mentioned the City Council approved an updated Sustainability Plan a few meetings back that can be found online also. It was encouraged to have Mr. Jones review those Plans. Mr. Jones thanked the Commission for letting him know those documents were out there.

G. ADJOURNMENT

Chair Maxwell requested a motion to Adjourn. Mr. Wright motioned to adjourn, and Vice Chair McMahon seconded the motion. The meeting adjourned at 6:30p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Agenda/_08052024-2564