Planning & Zoning Commission

DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING May 28, 2014 The City of DeKalb Planning & Zoning Commission held a regular meeting on May 28, 2014 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Mr. Castro motioned for Vice-Chair Atherton to run the meeting. Ms. Nier seconded and the motion was approved by voice vote. Vice-Chair Atherton opened the meeting at 6:03 p.m. ROLL CALL Planning & Zoning Commission members present: Christina Atherton, Roger Ruehling, David Castro, and Deborah Nier. Chair Welsh arrived at the meeting at 6:40 p.m. Planning & Zoning Commission members absent: Adam Katz and Mathew Crull. Also present: Derek Hiland, Principal Planner and Jared Heyn, Administrative Intern. APPROVAL OF AGENDA Ms. Nier motioned to approve the May 28, 2014 agenda. The motion was seconded by Mr. Ruehling and approved by voice vote. APPROVAL OF MINUTES Mr. Ruehling motioned to approve the minutes of the April 16, 2014 meeting. The motion was seconded by Ms. Nier and approved by voice vote. CITIZEN BUSINESS None OLD BUSINESS None NEW BUSINESS 1. Public Hearing on a proposal from Angela Jakubczak and Carlie Beck to rezone the 2.83 acre property at 2179 Sycamore Road from General Commercial District (GC) to Planned Development-Commercial (PD-C) in order to allow for a private Montessori School to locate in two existing storefronts in the rear multi-tenant building. Mr. Heyn introduced the issue which would allow a Montessori House of Learning at the property noted above across from Market Square Shopping Center. There are currently four other businesses on the property with apartments above. Rezoning is necessary; under current GC zoning, use for private schooling is not allowed; however, this would be allowed under PD-C zoning. Staff pointed out a concern, an outdoor play area is desired. There is a potential this would create noise pollution for both the tenants above and residents along the nature trail to the west of subject property. Angela Jakubczak, 1424 Sandcastle Drive, Sycamore, advised the school is currently run from St. Mary’s School in DeKalb with 35 students. She is working with Mr. Pappas to design classroom and indoor spaces, as well as the fenced in play area to the south side of the building which would be accessed through the rear door along sidewalk. Recess is held after lunch and nap times; the majority of the day is inside the building. Hours are 7:00 a.m.–5:30 p.m. with families dropping-off between 7:00-8:30 a.m. Part-time students are picked up after lunch; remaining children are picked up after nap time between 3:00-5:30 p.m. PUBLIC COMMENT Keith Nyquist, 18 Greenwood Ct., DeKalb, directed questions to John Pappas, 3 Fairway Circle, the developer. 1. How many square feet on the south side of building are needed and where would play area go? Mr. Pappas advised code requires 750-800 sq. ft.; the location has approximately 600 sq. ft. 2. What are plans for noise mitigation and that kids don’t run loose. The area will be totally enclosed by a fence, probably not noise control. He does not think the noise of children outside in the required fenced in area will disturb anyone. Ms. Jakubczak added that outside play time will be staggered with @ 12 children per each 20 minute time period. 3. What about expansion? He hears garbage pickup @ 5:40 a.m. and is concerned about vehicles making noise when dropping off children. He lives @ 150 ft. from the school site. He asked for reasonable accommodations before rezoning in the event it becomes noisy. The impact of this could make noise a very large issue down the road and that needs more investigation. Ms. Jakubczak advised that expansion of up to 40-50 children is something they have considered. She believes it will not be any noisier than it currently is with existing traffic and business. Patty Nyquist, 18 Greenwood Ct., DeKalb, inquired if the facility is licensed by DCFS? Ms. Jckubczak advised the school is license exempt from age 3-6 for the school; they receive funding and work with 4Cs. It is possible in the future to do a stand-alone building and have DCFS funding to take children younger than 3. COMMISSIONER COMMENT Ms. Atherton, Mr. Ruehling, and Mr. Castro asked: age range of children, concerns about surrounding commercial business / vehicle traffic, landscape and location of play area, noise control, and safety. Ms. Jakubczak advised age range is 3-6/preschool age. Play area is to the left side of building looking from the front; it has grass in area and some newly planted trees nearby. She is not concerned with traffic safety issues as children are supervised by adults 100% of the time. There are 40-50 feet of walking distance from classroom to fenced/gated play area. No outdoor activities will take place till fence is in place. Mr. Pappas can do a 100% privacy fence with 6 – 7 ft. evergreens facing nature trail neighbors and will comply with City ordinances regarding trees and fencing. He can’t say that it will control noise. Mr. Hiland referred to the site plan to pinpoint the play area location and noted fences and trees block views, not noise, noise attenuation would involve brick, stone and masonry. The petitioner is open 5 days per week with @ 36 children outdoors for one hour daily. He noted, in similar situations, the Commission has restricted use to specific times to work for neighboring property owners. Outdoor play can be restricted to one hour per day. Ms. Nier inquired about property use that could go into this area under current zoning not requiring a hearing that could also be open late into the night. Also, what uses are excluded between 200 – 500 ft. of this use? Mr. Pappas advised that, under current zoning, other businesses allowed could make much more noise, without any approval, than the children in this school would create. Mr. Hiland cited examples of these businesses. In the GC zoning district, current regulation states that private / public schools within buildings existing prior to 1995 were considered a special use. A school in the GC district prior to 1995 would be allowed to continue. He advised that use is prohibited under the GC zoning district so we are petitioning to rezone specific to this property into a PUD. Certain businesses, such as liquor stores and bars, cannot be within 100 ft. of the establishment, building face to building face. The two front buildings are more than 100’ away, therefore a restaurant serving liquor would be allowed. When asked if this presented a problem, Mr. Pappas assured the Commission he had no issues with not having businesses of this nature (liquor sale) on the property. Currently there are no businesses requiring truck deliveries but the potential for a business of that nature to rent does exist. Ms. Jakubczak again noted that the school’s current location is not the best environment and the new location will be safe and conducive to their needs. This is a 12 month school with breaks for major holidays, spring and winter. Parents are excited about the move. Vice Chair Atherton closed the public hearing. Mr. Hiland located the recreational trail on the map to visualize distances between the Nyquist property and the proposed school, @ 200 ft. distance. He noted there are standards for commercial fencing; this is zoned GC which would allow for a 6’ privacy fence; height could range from as low as 3 – 4’. The City has a noise ordinance and noise is measured by a noise decibel reader; there is no engineering scale. Ralph Crafton, 509 Ridge Dr., DeKalb, project realtor, noted there have no issues expressed by the 2nd floor apartment residents – they are enthused by the prospect of the school. All residents within 250’ were notified of this zoning request. Vice-Chair Atherton asked for a motion. Mr. Ruehling moved to approve the rezoning of the 2.83 acre property at 2179 Sycamore Rd. changing it from GC district to PD-C in order to allow for the private Montessori School to locate there. The motion was seconded by Mr. Welsh and approved by a vote of 5-0-2 (Crull and Katz absent). This item will now go before the City Council on June 9. It will be the first reading of the ordinance. CONSIDERATIONS None REPORTS/ITEMS FOR NEXT MEETING None. Mr. Hiland advised the next meeting will be held on June 11. ADJOURNMENT Mr. Welsh made a motion to adjourn the meeting. Mr. Castro seconded the motion and it was approved by voice vote. The meeting adjourned at 6:45p.m. Linda Jacobson, Recorder Administrative Assistant