DeKalb Times

City of Dekalb Planning & Zoning Commission met Oct. 7.

Here are the minutes provided by the commission:

The Planning and Zoning Commission held a meeting on October 7, 2024, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. DeKalb, Illinois. Chair 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, Maria Pena-Graham, Trixy O’Flaherty and Jerry Wright. Commission member Steve Becker was absent. Planning Director Dan Olson was present representing the City of DeKalb, along with City Manager Bill Nicklas and Assistant City Manager Bob Redel.

B. APPROVAL OF THE AGENDA (Additions/Deletions)

Chair Maxwell requested a motion to approve the October 7, 2024, agenda as presented. Vice Chair McMahon 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. September 16, 2024 – Chair Maxwell requested a motion to approve the September 16, 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 NIU Real Estate Foundation, represented by Catherine Squires, for approval of the rezoning of the subject site located at the northwest corner of W. Hillcrest Dr. & Blackhawk Rd. from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District to accommodate the NIU Center for Greek Life.

Catherine Squires, President and CEO of the NIU Real Estate Foundation spoke on behalf of the Foundation regarding the subject petition. She introduced herself, along with her team: Architect John Stryker with Farnsworth Group, Inc., and Attorney Sara Barnes with Gozdecki, Del Guidice, Americus & Brocato LLP who represents the NIU Real Estate Foundation on zoning matters. Ms. Squires thanked the Commission for the opportunity to bring their project before them.

She explained this project has been a labor of love and believe it will be a transformational building for students involved in Greek organizations. A slideshow was shown of the proposed building with aerial views, several street views, and the proposed layout, including the parking lot. Ms. Squires stated the NIU Real Estate Foundation is currently in their due diligence period of their Real Estate Purchase Agreement with the City, who currently own the property. Ms. Squires stated they are looking at a closing date of October 21, 2024. She explained the Foundation plans to utilize fundraising efforts to support the cost of the building. She added the Foundation has worked closely with City Manager Bill Nicklas, who identified the need for the rezoning petition and reintegrating the two parcels on the site into one. Ms. Squires then discussed the aerial view of the property showing the proposed building and adjacent parking lot. A view of the building from the west was then shown on the screen, followed by a slide depicting the look of the interior of the building.

Continuing, Ms. Squires discussed the intended use of the space as a place for NIU students involved in Greek Life to meet, study and collaborate, especially those whose fraternities and sororities who do not possess their own housing. She mentioned while geared towards current NIU Greek students, the building will also include offices for NIU faculty and the four (4) Greek Councils, as well as meeting and event space. Ms. Squires said their collaboration with Farnsworth Group, LLC has been productive, and they are proud of what they designed. She concluded they are hoping to be a hub of activity for students in the Annie Glidden North neighborhood and a catalyst for additional businesses and activities.

Planning Director, Dan Olson, thanked Ms. Squires for the great background on the project and proposed use. He went through the staff report dated October 3, 2024, and he briefly reviewed the petition and described the property as a 2.8-acre site in the Annie Glidden North neighborhood. Mr. Olson explained the request is for rezoning from the “LC” Light Commercial to “PD-C” Planned Development Commercial District, which will allow exceptions to the Unified Development Ordinance (UDO). He confirmed a Real Estate Purchase Agreement was approved in July 2024 by the City Council. He added two steps were required to be completed by the NIU Real Estate Foundation prior to them purchasing the land from the City – rezoning to the “PD-C” District and approval of the Final Plat of Resubdivision.

The submitted preliminary plan was then shown on the screen while Mr. Olson pointed out the parking and storm water detention area to the north of the building. Access will be one way from the north along Blackhawk Rd. into the 92-space parking lot. A zoning map was shown on the screen of the subject property and surrounding area. Mr. Olson explained there is “PD-R” Planned Development Residential zoning to the west with several apartment buildings. He explained because of this adjacent residential zoning, there will need to be an exception to the building setback line along the west property line. Mr. Olson stated the UDO requires a 50 ft building setback from commercial next to residential, however, the narrow width of the lot pushed part of the building to a setback of just over 25ft to the west property line. Mr. Olson stated there is about 135 ft. between the proposed building to the nearest multi-family building to the west, which is a generous setback.

Mr. Olson explained a waiver will also be needed for the three (3) parallel handicap parking spaces planned in front of the building. A 10 ft open space is required per the UDO along Blackhawk Rd. in front of the building, however there will be a slight encroachment of about five (5) feet with the handicap spaces. He confirmed Farnsworth Group and the NIU Real Estate Foundation will ensure the handicap spaces are constructed per State requirements. He also mentioned additional handicap spaces will most likely be added to the parking lot as they get further into final design plans.

Regarding the Final Plat of Resubdivision, Mr. Olson advised the two existing lots on the property will be combined into one and the 25 ft. building setback along W. Hillcrest Dr. and Blackhawk Rd. will remain. The Foundation will be required to submit a Final Development Plan prior to any construction which will be reviewed by City Staff to ensure the UDO requirements are met. He added a landscape plan, lighting plan and engineering plan will need to be submitted at that stage.

Mr. Olson stated the petition for both the rezoning and the final plat met all requirements in the UDO. He said the Center for Greek Life will be beneficial to the City and the Annie Glidden North neighborhood. Mr. Olson also pointed out the project will be compatible with the surrounding zoning and land uses, and will have adequate parking and utilities.

Mr. Olson mentioned four (4) public responses were received. John Sheehan, Treasurer of the Phi Sigma Kappa Alumni Association of NIU and owner of 1300 Blackhawk Road, sent an email in support of the request. Kyle Von Handorf, CFO of the Delta Zeta National Housing Corporation, representing the Delta Zeta Sorority located at 1010 Blackhawk Road, also sent an email supporting the project. A Public Response Form was received from Joypreet Bhatia, owner of 831-833 Kimberly Drive, in support of the request. Mr. Olson concluded by noting an email was received from Bette Russell, property manager for Sigma Sigma Sigma Building Corporation of DeKalb for the Sigma Sigma Sigma Sorority at 1202 Blackhawk Road. She emailed Planning Director Olson with concerns about the parking lot lighting and the effect it may have on the sorority house. Mr. Olson responded to Ms. Russell letting her know the City Ordinances have restrictions on parking lot lighting regarding intensity and requirements to make sure the lighting is directed downward and not horizontally toward adjoining properties. He reiterated to the Commission a lighting plan will need to be submitted with the Final Development Plan prior to construction beginning. He added the privacy fence along Blackhawk Rd. suggested by Ms. Russell is not allowed in the UDO and would not be a visually attractive feature.

No additional public comments were made at the hearing, and the public hearing portion was closed by Chair Maxwell.

Commission Member Wright inquired about the capacity of the parking lot, to which Architect John Stryker responded there are 92 spaces currently planned. Mr. Olson added there are no uses in the UDO that match this unique project, but he believed parking will be adequate.

Vice Chair McMahon asked Mr. Olson if there was a calculation used to determine the amount of parking spaces required for a given property, such as building square footage. Mr. Stryker responded the proposed building square footage is 23,526 sq. ft. He further stated he was recently made aware by the City of an easement through the property that must be maintained so there will likely be minor adjustments to the building size. Mr. Stryker said he initially planned for 60-100 parking spaces and anticipates the parking lot will only be about 20%-30% full on a daily basis.

Vice Chair McMahon queried about occupancy load, questioning if the parking space to attendee ratio was off. Mr. Stryker said nothing was confirmed at this time, but they anticipate 60-120 people on a regular basis, with events ranging from 200-400 people. If all the event space was full at the same time, the total building capacity would be about 600 people. Mr. Olson added since the space is geared towards students, many will be walking or bicycle to the site, and not drive. Mr. Stryker confirmed they took that into account when determining the amount of parking needed compared to the amount of people the building can hold.

Commission Member O’Flaherty asked what the setback was to the west lot line when the Campus Cinemas building was still standing. Mr. Olson stated it was essentially the same as the proposed building.

Chair Maxwell asked about a retention wall at the back of the property. City Manager Bill Nicklas responded the wall is still partially there. Mr. Nicklas went on to explain the history of the property with Campus Cinemas. He stated for the longest time, the south retention wall was supported with a couple of 2x16 boards which was not a good thing for people first coming to NIU or the Annie Glidden North neighborhood. Mr. Nicklas’ added the Cinema did not connect with the neighborhood in any responsible way. He added after a couple of years of litigation, the City was able to gain control of the property and demolition of the Campus Cinemas building was completed. Mr. Nicklas stated the land has now been graded over and is ready for something new. He explained when NIU approached the City regarding the Center for Greek Life, the City was enthusiastic from the beginning. He believed the proposed use connects with the residential areas to the east and south and fits in with the neighborhood. He acquiesced about other possibilities that could happen to the north and west and noted the City is still working on development in the surrounding area. He said the City supports the petition. Mr. Nicklas concluded this is not the final action, but the end of a process for the last one and a half to two years, with the next steps being the closing and submittal of the Final Development Plan.

Commission Member Pena-Graham said the building is going to look amazing, and agrees it flows nicely with the area. She also asked about the intended hours of operation. Ms. Squires said there will be some control, but she anticipates the NIU offices housed in the building will have normal business hours of 8:00 am-4:30 pm. She added once they get closer to understanding what the utilization will be, and business hours for the students, she will be able to better articulate hours. Given the intended use of the space, she imagines evening and weekend hours will be necessary to provide the study space for students. She could not state a definitive closing time as parts of the building may have different hours than others, depending on intended use. Ms. Squires stated the study/open spaces in the building will generally be open with some regularly scheduled business hours for office functions.

Ms. Pena-Graham inquired about hours of operation for larger functions and events. Ms. Squire responded they currently anticipate ending events at 11:00 pm, but similar to the Barsema Alumni Center, the hours may vary depending on the use. As other parts of NIU currently do, the hours will cater to the clientele wishing to use the event space, but she assured the Commission they will be sensitive and responsive to the needs of the neighborhood.

Mr. McMahon asked if fraternities and sororities could hold their formals there. Ms. Squires stated that would be a fabulous use of the space and would get people back to campus. She is hoping to see a broad utilization of the event space, with both alumni and current Greek students holding events there.

Mr. McMahon inquired if the Foundation would obtain a liquor license for the facility. Ms. Squires stated she could not respond in full to that, but confirmed the NIU Real Estate Foundation has obtained liquor licenses in the past for certain events and will conform with all policies for both NIU and the City.

Ms. McMahon questioned the number of parking spaces again and if they are planning events of up to 400 people. Chair Maxwell commented he assumed a shuttle service would be available for an event of that size. Ms. Squires confirmed if they have an event of that size, they would offer a shuttle service, the same way they do for events at Altgeld Hall.

Chair Maxwell added the Greek Life Center would also support any future potential commercial development along W. Hillcrest Dr.

Mr. Wright asked if any commercial use was planned inside the building. Ms. Squires stated none was planned at this time, as it is a student-centered space.

Chair Maxwell reiterated this was just the preliminary plan. He thought it was an amazing use of the space.

Chair Maxwell requested a motion to approve. Vice Chair McMahon moved that 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 the rezoning of the subject site from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District, approval of a Preliminary Development Plan dated 8-22-24 and approval of a Final Plat of NIU Real Estate Foundation Resubdivision dated 5-31-24 and subject to the Planned Development Standards in Exhibit A. Commission member Wright seconded the motion.

A roll call vote was taken: O’Flaherty – yes, Pena-Graham – yes, McMahon – yes, Maxwell – yes, Wright – yes. Commission Member Becker was absent. Motion passed 5-0-1.

2. Public Hearing – A petition by the DeKalb Township Road District for approval of a variance to Articles 5.08.04.2 of the UDO to allow a 9600sqft setback and a variance to Articles 7.05/7.06 of the UDO to allow an 8ft high privacy fence along a portion of the west property line for the property 2323 S. 4th St.

Craig Smith, Highway Commissioner for the DeKalb Township Road District, discussed the subject petition. He began with a history of the property, stating the Township has controlled the property since 1988. At that time, Manning Drive along the north side, had not been built. He stated the Township was instrumental in working with the City and having Manning Drive built. Mr. Smith added when the current buildings were erected, the property was surrounded by farmland. Since the installation of Manning Drive, the rear salt storage shed has not been compliant with the setback requirements. He added the Township purchased additional land in October of 2020 to the south to allow for a stormwater detention facility. However, there is a sewer main along the south property line that inhibits their ability to construct the new building at that location. Mr. Smith pointed out the cost to put the building on the property to the south near the tollway would be too high. He advised the Township discussed the location with their civil engineer who determined the proposed location is the most logical.

Mr. Smith explained the new building will be used mainly for storage. A picture of the existing lot was shown on the screen, reflecting the current storage of snowplows, tractors and other equipment taking up most of the space. The building would also create a space the Township Road District can use to repair equipment. A picture of the back of the property was shown on the screen. Mr. Smith added the Township also plans to install an 8-foot-high vinyl privacy fence along the west lot line adjacent to the townhomes. He confirmed they worked with the Fairview South Townhomes Homeowners Association to the west and will maintain a 40 ft gap in the fence to allow the snow from the townhomes to be pushed into that area, which has been done for many years. Mr. Smith stated the request for the taller, 8-foot-high fence, is due to the slope of the land from the townhomes down to the Township property.

Planning Director Olson thanked Highway Commissioner Smith for the background. He went through the staff report dated October 3, 2024. Mr. Olson stated the variance request is for a 9,600 sq. ft. building with a 10 ft. setback to the west property line instead of a 50 ft. setback required in the General Commercial District next to residential zoning. Mr. Olson confirmed a fence is required between commercial and residential zoning and pointed out where the building and fence will be constructed on the property. He added the townhomes to the west were built in the early 2000s, with the Township annexing the subject property into the City in 1988 and donating part of the parcel to the City in 1992 for Manning Drive. He agreed the Township had done a thorough job in researching where the best place to locate the building on the site.

Mr. Olson pointed out the easement Mr. Smith had discussed on the screen and the storm water detention area. He added if the new building was constructed south of the existing storage building there would be conflicts between trucks entering and existing the building and fuel tanks located south of the existing building. He concluded the proposed location would be the only place the new building could go.

Mr. Olson also confirmed the variance request by the HOA for the 8-foot-high vinyl privacy fence with the 40 ft. gap. A picture of the rear lot line backing up to the townhomes was shown on the screen. Mr. Olson pointed out two purple flags that indicated two corners of the proposed building in proximity to the townhomes. He also pointed out the downward slope in the land from the townhome property to the Township property created the need for the 8-foot-high privacy fence to make the same impact as a 6-foot-high fence.

Mr. Olson mention one public comment was received via email from Brenda Luhtala of 396 Manning Drive, who is President of the Fairview South Townhomes Homeowners Association. He noted City staff and Mr. Smith met with Ms. Luhtala at the site on September 24, 2024. Mr. Olson stated all of Ms. Luhtala’s questions were answered, and the HOA Board unanimously approved the variance requests.

An additional Public Response Form was received from Phillip and Sue Schimpf of 390 Manning Drive generally in support of the variance requests. It was noted Mr. and Mrs. Schimpf asked about the proposed building proximity to the residential development, and requested more detail regarding the fence, the area the snow will be plowed in and the stormwater retention location. A copy of the Form was forwarded to the applicant and Ms. Luhtala. At that time, Ms. Luhtala stated she would speak with the Schimpf’s prior to the Commission meeting. Nothing further about this inquiry was noted at the meeting.

Planning Director Olson confirmed the petition meets all hardship requirements as the lot was annexed and the current building was constructed prior to the townhomes to the west. He added the Township has reviewed all possible locations for the new building, noting the proposed placement is the only viable option. Mr. Olson mentioned the 8-foot-high vinyl privacy fence with the 40 ft. gap in the fence was agreeable to the townhome association to the west and the Township. He also

confirmed the new building will be similar in height and colors to the current storage building. No public comments were made, and the public hearing was closed by Chair Maxwell.

The Commission unanimously stated if the homeowner’s association is good with the proposal, then the Commission sees no issues.

Chair Maxwell requested a motion on the petition. Ms. O’Flaherty moved that based on the submitted petition, testimony presented and findings of fact, I move that the Planning and Zoning Commission approve a variance to Article 5.08.04.2 of the UDO to allow a 9,600 sq. ft. storage building/repair shop to encroach into the rear yard setback and a variance to Articles 7.05 and 7.06 of the UDO to allow an eight (8) foot high vinyl privacy fence along a portion of the west property line for the property located at 2323 S. 4th St. as shown on site plan dated 4-17-24 and the Building Rendering dated 5- 8-24 labeled as Exhibit A. Ms. Pena-Graham seconded the motion.

A roll call vote was taken: O’Flaherty – yes, Pena-Graham – yes, McMahon – yes, Maxwell – yes, Wright – yes. Commission Member Becker was absent. Motion passed 5-0-1.

F. REPORTS

Planning Director Olson reminded the Commission the next meeting on October 21, 2024, will take place in the Second-Floor Training Room at the DeKalb Police Department. He noted two hearings are on the agenda. The first for the annexation, rezoning and concept plan approval for Project Midwest at the northeast corner of Peace Rd. and Fairview Dr. He mentioned the second hearing is a variance request for a fence at 604 Normal Road.

Mr. Olson stated at their last meeting the City Council approved the rezoning of the City owned property at the southeast corner of Peace Road and Pleasant Street. He added they also approved most of the UDO Text Amendments that the Commission reviewed. He explained the Council held off on the language pertaining to duplexes with a common wall along a lot line. He noted new language will be added to the Ordinance requiring the exterior of the two (2) dwelling units (duplex) shall remain reasonably compatible in colors, materials, architectures and aesthetics.

G. ADJOURNMENT

Chair Maxwell requested a motion to Adjourn. Ms. O’Flaherty motioned to adjourn, and Ms. Pena Graham seconded the motion. The meeting adjourned at 6:43 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_10072024-2594