Planning & Zoning Commission

MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING March 25, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on March 25, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Atherton called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: Acting Chair Atherton, Roger Ruehling, Matthew Crull, David Castro, Deborah Nier and Adam Katz. Also present: Derek Hiland, Principal Planner, Jared Heyn, Administrative Intern, Brenda Hart, Administrative Associate, Anne Marie Gaura, City Manager, Ellen Divita, Community Development Director, Police Chief Eugene Lowery, Fire Chief Eric Hicks, and City Attorney Dean Frieders. APPROVAL OF AGENDA Mr. Crull motioned to approve the March 25th agenda. The motion was seconded by Mr. Ruehling and approved by voice vote. APPROVAL OF MINUTES Ms. Nier motioned to approve the December 10th minutes. The motion was seconded by Mr. Crull and approved by voice vote. CITIZEN BUSINESS None OLD BUSINESS Re-Open the Public Hearing on a rezoning request from “MFR" Multi-Family Residential, to “PD-R” Planned Development Residential, and approval of preliminary and final development plans for University Village PUD, 722 North Annie Glidden Road, DeKalb. Security Properties, desires approval of rezoning from “MFR" Multi-Family Residential, to “PD- L:/PLANNING/2015/PZC Minutes_032515 R” Planned Development Residential, and approval of preliminary and final development plans for University Village PUD. Included with the rezoning petition are variance requests from seven articles of the Unified Development Ordinance. The seven variances are as follows: 1) Lot Size – Minimum 3,500 Square Feet per Dwelling unit. The property is approximately 32.314 acres in size and there are 534 units. The total net density is 17.99 dwelling units per acre. This density exceeds the Unified Developments requirements and also exceeds the comprehensive plan requirements of 12 dwelling units per acre. 2) Parking Ratio – Minimum One Space per Bedroom, Plus 0.5 Spaces per Unit. The property has within it 1,004 bedrooms in the 534 units. Therefore the total number of required parking spaces for the development equals 1,271 parking spaces. The development has 795 parking spaces. 3) Lighting – Fixture Height and Average Illumination. The City of DeKalb’s Unified Development Ordinance restricts the height of light poles in residential districts to a maximum height of 15 feet. The development’s light poles are 20 – 25 feet tall. The light illumination totals averages of 1.5 to 2 foot candles for the entire development. Security Properties are committing to add light poles in the development where lighting is deficient. 4) Signage – Number and Size. Security Properties intends to keep the five ground signs (40 sq. ft and 6 ft. tall) located at each entryway and entrance from the right of way. The UDO allows for only one ground sign that shall not exceed 6 sq. ft or 6 ft. in height. 5) Landscaping. The property is landscaped with 646 plants across the site. Security Properties is working with the DeKalb Police Department to identify areas that could be trimmed up or trimmed back to open up the common areas of the development. 6) One building per lot. A variance or condition of approval must be granted to allow for multiple buildings to be located on one property. 7) Principle Building Setbacks. The setbacks required for the development today may not meet current code requirements. The UDO requires that a front yard setback of twenty five feet from any ROW and front lot line. Additionally, the side and rear yard setbacks are five and thirty feet respectively. The University Village development would require that the site plan presented be approved to allow for the existing building locations bringing the legally non-conforming status in conformity with the zoning ordinance. CONSIDERATIONS City Attorney, Dean Frieders said the public hearing in respect to rezoning the property 722 N. Annie Glidden Rd, commonly referred to as University Village is being continued. As background he noted the property has developed over an extended period of time to include 534 units on 32.3 acres for a total of 17. 99 units per acre, in excess of the twelve dwelling units per acre which the UDO currently allows. There are other deviations outlined in the request as well. Mr. Frieders explained there is a contract purchaser seeking to buy the property but in order for them to obtain the desired financing the property must be converted to a lawful zoning. At present the use is legal non-conforming and can stay as is but if more than fifty percent of the property were destroyed it could not be rebuilt as is. The current zoning does not meet the needs so the petitioner is seeking a Planned Development status. Frieders noted there was an informational meeting held January 7th, which was the first night of true presentation and public hearing. He noted staff is not ready to make a recommendation at this time but is working with the applicants to move L:/PLANNING/2015/PZC Minutes_032515 forward in such a way that protects public health and safety. Frieders turned the floor over to the petitioners. Attorney Peter Bezos, Elgin IL represents the contract purchaser, said Staff has accurately outlined the important points. Security Properties is prepared to invest over fourteen million dollars to renovate and restore the property noting that everyone will benefit from the improvements. He said what must be dealt with are the zoning issues. Brian Gongaware, Property purchaser with Security Properties, 701 5th Ave, Seattle Washington, said a detailed plan for acquisition and re-plan for the property has been laid out. He informed all that Security Properties is a forty five year old company that specializes in affordable housing, section 8, tax credits and acquisition rehabs. He said Security Properties has well over 16,000 units across country in thirty one states with numerous properties through Illinois and that they are dedicated to doing renovation to improve the community and to integrate the property into the overall community of DeKalb. He said that the focus for the community is not just rehab but rather benefiting residents through improved operations of the property, integrating property back into community and through supportive services. Steve Rappin, Property Management Company, Evergreen Services at 540 E. Granton Ave., Lake Bluff, IL said Property Management Services has been hired to manage the property. Evergreen Real Estate Services was founded in 1999 and is located in Chicago, IL with forty five properties in five states but primarily here in Illinois with a presence in Rockford, Joliet and Naperville among other communities. He noted that seventy eight percent of their portfolio is affordable housing properties with two hundred and ten employees. He said that Ms. Kuehl of their executive staff is responsible for creating a resident lifestyle bringing thirty five years of experience in affordable housing. Mr. Rappin said Evergreen Service’s philosophy is to create an environment in which residents lives can be improved through day to day management, improving the lives of resident and collaborating with them making University Village an asset to DeKalb. Steve Teselle, Security Properties, 701 5th Ave, Seattle, WA, spoke to the planned development proposal indicating there are seven variances that are being sought with five being main points for approval. • Retain Current Density - The property is approximately 32.314 acres in size and there are 534 units. The total net density is 17.99 dwelling units per acre. This density exceeds the Unified Developments requirements and also exceeds the comprehensive plan requirements of 12 dwelling units per acre. • Retain current parking count – The property has within it 1,004 bedrooms in the 534 units. Therefore the total number of required parking spaces for the development equals 1,271 parking spaces. The development has 795 parking spaces. Mr. Teselle expressed the opinion that existing parking is undersubscribed at about fifty percent utilization and that adding spaces isn’t needed. • Landscaping & Lighting Plan – Mr. Teselle noted there are many dead, dying and overgrown plantings indicating those would come out or be trimmed up for safety and security reasons. He said the proposal may vary from code but includes upgrades to both. • Signage – A variance is being sought for appropriate signage. L:/PLANNING/2015/PZC Minutes_032515 Mr. Teselle said Property Securities can’t receive financing unless there’s acceptable zoning in place. Mr. Teselle informed all of where they are in the process. On December 19, 2014 the initial application was submitted. On January 7, 2015 a Public Meeting was held. Since then they have been working through the zoning process, moving in a positive direction in a collaborative effort with City Staff. Mr. Teselle said they will bring substantial investment to the property, over fourteen million dollars, into a community that needs it saying if there is no investment the property will just continue to deteriorate. Rehab overview – Mr. Teselle said the following rehab would take place noting that they would do residential “in-place” rehab with work being done during work hours allowing residents to return to a functioning unit at the end of the day. Phase I – • mechanical systems • common entry • kitchen and baths bringing them up to ADA compliance Phase II – • new windows, siding and roof • new entry & sliding glass doors He said the units would have new lighting, cabinetry, counter, sink, faucet and appliances. The bathrooms would have new medicine cabinets, surrounds, sealcoat the tub, sink, faucet, plank flooring and toilet. Mr. Teselle showed pictures of the proposed changes to the apartments and exterior. Lisa Sharp – Sharp Architects, DeKalb, IL – Ms. Sharp informed all that she has been helping to analyze the site and to determine the best ways to make improvements. Sidewalks and pathways through the site were discussed. Originally there was no consideration for walking across the site to adjacent properties. She noted that in the packet is the hardscape improvement plan noting the intent is to allow people to walk along Russell Rd. Walking paths have been created through the years as people have moved across the property so the applicants are suggesting adding pathways in those areas benefiting the residents noting there is a low ratio of drivers in the community. She said the plan also calls for twenty seven accessible units with patios. Ms. Sharp listed other amenities such as: • Two playgrounds • Two additions to the existing community center. Property Securities proposes a community center that will serve residents and staff well. At present there is not sufficient separation between the resource and community rooms. Conversations are happening in a very public situation. An addition to the west would offer additional space for administration noting they are still playing with what layout will be. A computer lab is L:/PLANNING/2015/PZC Minutes_032515  planned so that residents can have access to the internet. Within the community center would be a security office as well. • Convert swimming pool into a splash park. • Gazebo area will be made into a gathering point. • A tot lot Ms. Kuehl, Evergreen Management, Evanston, IL, said that residents will be treated with dignity and respect wanting residents to feel that their apartment is their home thus promoting residents caring for their homes. She noted in order to do this they plan to involve residents by sharing budgets with them and seeking input on what residents consider a priority. Ms. Kuehl said that with University Village having a lower income population Evergreen Management would plan to facilitate residents finding services that are available for healthcare, education and employment. She admitted there won’t be a resolution for every issue but wants to facilitate residents finding the help that’s available by looking at the whole person. Mr. Teselle noted, at present, Security Properties is in the on-going zoning process, hoping that it will be resolved in the middle of the second quarter of 2015, leading into five to six months of working on rehab spans and specs. They would expect to close on the acquisition at the end of the third quarter 2015 with approximately eighteen months of construction to follow finishing the project early 2017. Mr. Teselle addressed these commonly asked questions: • Is section 8 staying? Yes, they would sign for another twenty years. • Will my rent go up? Eighty two percent of the property is Section 8 and that would not go up with residents still paying a portion of their income. The remaining thirteen percent would be rented at market rate. • Will I have to move? No Section 8 residents will be required to move. Residents will not be replaced. Business plan overview • $14,000,000 to improve the property • Improvement in site amenities connecting it back into the community. • Site security – The plan is to integrate police to enhance security giving police access to common areas as well as having police drive through. He noted better site lighting, enhancing the camera system and retaining nighttime security will all add to increased safety. Mr. Teselle concluded saying that Security Properties is very excited about the project. Citizen comments and questions – 1. Ebony Glass– Two questions. Q. Says there is mold around the tub. Will mold be addressed? L:/PLANNING/2015/PZC Minutes_032515  A. Ms. Sharp noted that all bathrooms will be remodeled and any mold issue would be taken care of. Exhaust fans will be added that will come on automatically every time the light comes on. Ms. Sharp also indicated that the outside envelope will be looked at. She said mold will not be covered up and the problem should be resolved with the remodeling. Q. For Section 8 will rent still be thirty percent of a tenant’s income? A. Mr. Teselle said the rent structure would stay the same. 2. LaShawna Wright is also concerned about mold. Mr. Gongaware answered that they cannot and will not allow mold in any of the apartments. Q. Will they only paint once or will they keep the painting up or only paint once? A. Ms. Kuehl – replied they will do cycle painting, painting each apartment every five to seven years. She also said that they have never turned down anyone who wanted to paint their own apartment although they want the paint to be washable and need to approve the color. Ms. Kuehl indicated there would be cycle carpet replacement as well replacing carpeting with hard surface flooring which won’t need to be replaced as often. Carpet cleaners will be purchased that can be signed out by residents. Q. Ms. Wright asked about overnight passes, how many will be allowed? A. Ms. Kuehl said Property Securities is working with the resident council in regard to overnight rules in order to avoid overcrowding and to provide a secure environment. Q. Ms. Wright said the cleaning of the property has not been good. A. Ms. Kuehl replied they want to involve residents in policing the grounds allowing residents to feel free to call when they notice something is not as it should be. Q. Ms. Wright was also concerned about maintenance staff walking in unannounced. A. Ms. Kuehl assured her that all of staff would show respect by giving a three day notice before entering an apartment. They will knock on the door and if no one answers they will then announce themselves, return to the hallway and wait for someone to come to allow entry. The goal is to provide the needed service. 3. Britney Shield- 630 N. Annie Glidden Rd – Q. Ms. Shield asked about other types of subsidies. A. Ms. Kruehl says there is only one type of subsidy, which is Section 8 although there will be tax credits added. The income level remains at 50% of the median income to live in the Section 8 units. For the other units, the income level is 60% of the median income. 4. Dominique Yearhy - 819 Russell Road. Q. Ms. Yearhy said her electric bill is extremely high, almost $200. L:/PLANNING/2015/PZC Minutes_032515  A. Mr. Teselle said the units will be made much more energy efficient with new windows, new siding, etc. He said the appliances are probably about 40 years old and will be replaced with the energy efficient versions. 5. Ciarra Jones Q. Is the income level requirement the same or is it 50%? A. Ms. Kruehl noted the income level to qualify to live there is 50% of the median income but rent is calculated at 30 % of your adjusted income. 6. Erica Weslay – 706 N. Annie Glidden Rd – Q. Erica indicated her A/C has no impact upstairs even though she’s paying $300 a month. She also wanted to know how mold would be dealt with. A. Mr. Teselle replied that with newer equipment this should be resolved but will have to investigate to know for sure what the problem is. Steve said that mold will have to be remediated wherever it is. Ms. Sharp said insulation will be provided in the attic as the insulation in negligible now which should significantly help with A/C. Ms. Kuehl said that after existing mold is taken care of there will have to be a means to assess water behind the walls. 7. Kimberlin Carter –– 751 Russell Rd, Phase 3 – Q. Kim’s concern is the water heater and lack of hot water, saying the water doesn’t stay hot for more than ten minutes. A. Ms. Sharp said all of the water heaters will be replaced. 8. Niki Cox – 732 N. Annie Glidden Rd – Cox said she met with Security Properties and said it seems beneficial to make the change and asked that the Commission consider the proposal. 9. Dave Grant – Mr. Grant indicated he has been in DeKalb for eighteen years and lives at 650 Normal Road noting he is a licensed property manager, managing his own properties and working for many years on Russell Rd. His concern is security with the density being so great. He said the residents need to be able to raise their families in a very secure and safe environment. Mr. Grant thinks it will be difficult to do the rehab with people living in the building especially if walls have to be torn out saying that type of work needs to be done with no one in the apartments. Mr. Grant said there will be a need for qualified security guards. As a property -manager he knows you need have a secure property in order to have a good quality of life. 10. Tiara Huggins – 819 Russell Rd – Q. Will pets would be allowed. L:/PLANNING/2015/PZC Minutes_032515  A. Ms. Kuehl said they don’t know what the current agreement is and will have to meet with the resident committee in order to come up with an answer based on historical actions, etc. Tiara informed all that she is part of the University Village Tenant Association and expressed that her purpose in speaking is to say that they are in favor of the purchase and rezoning noting that Security Properties is the only group that reached out to the association for input. Tiara said that Security Property’s values are in line with the Association’s. She continued that the Association wanted to thank the organizations who have assisted residents and the Association; TransVac has transported residents to meetings, Westminster opened their doors for a public meeting, many non- profit agencies have been in attendance as well. NIU has been helping the Association through this process as well. Tiara reiterated on behalf of the tenants association they are in favor of the purchase and being managed by Evergreen Management. 11. Niki Cox Q. Asked about pets again. A. City attorney, Dean Frieders reminded all that what is being considered at the present time is the rezoning petition acknowledging the residents have a great deal of feedback but said it would be best to talk directly to the management company after the meeting or at another time for some of the concerns. But for tonight the decision being considered is rezoning of the property. It may be more effective to address the questions to the petitioners directly after the meeting. 12. LaShawna Wright - Q. Will heated shelters would be provided for the kids waiting for the bus? A. Mr. Teselle answered that this is one of the outstanding items, where bus shelters should be placed and how many are needed. This is an item to be considered with the full budget. Q. Banned list – A. Ms. Kuehl said – there is a banned list now. Would be willing to look at the list to see if there is justification. If so the names will remain on the list. If not consideration would be given to removing them from the list. 13. Kenneth Jones - 915 Crane Drive Q. Kenneth said he was concerned about the rezoning and the possibility of residents being displaced in the event something happened and they had to be rebuilt to the current zoning. He said he would like for it to stay as is, just improve the Village and make it more family friendly. In regard to parking Kenneth said there are always parking spaces available day and/or night indicating there’s not a nee d for additional parking spaces. Chair Atherton asked the Commission if they had questions for the petitioners. Mr. Katz asked what would happen to the tenants while the mold is being remediated. L:/PLANNING/2015/PZC Minutes_032515 Mr. Gongaware said they have had to deal with this across the county and will address it if need be but most often what they find is surface level mold. He expressed there has to be a certain level of regular maintenance to avoid mold. If there’s substantial mold remediation needed residents would not be able to live in the unit at the time but doesn’t see this as a systemic environment in this situation. Mr. Katz asked if the residents had to be relocated, where would that be. Mr. Gongaware answered that there’s a full plan for such things possibly contracting with local hotels. 14. Jim Mason- local businessman, DeKalb, IL – Mr. Mason said DeKalb keeps doing the same thing over and over and over expecting different results. He said it is being contemplated bringing in outside owners and managers when he offered thirty four million dollars for the property. Mr. Mason said in his opinion this is the most outrageous waiver of zoning. He said if it is waived the Commission will have trampled on everyone who’s done it correctly for thirty or forty years. Mr. Mason said the zoning needs to remain as is in order to protect our zoning rights. Chair Atherton asked what the plan would be for the people who are not working during the day when the construction will take place. Mr. Teselle said offer a hospitality unit where residents can spend their time while work is being done to their unit. Ms. Wright – Thinks the mold is in the walls and doesn’t believe it’s a maintenance issue. Chair Atherton said it would be good to talk to the management now. 15. Shimika Jones - 796 N. Annie Glidden Rd - Q. Ms. Jones asked how residents would know if someone is on the banned list. A. Ms. Kuehl said that it would be publicly posted. 16. Jennifer Komis - 899 Fotis Drive – Jennifer indicated she is part of the association group and supports the purchase. She believes it will be an improvement for residents and for the City of DeKalb. Chair Atherton closed the Public Hearing. Mr. Castro – directed his question to Dean Frieders, the City Attorney: The 1st variance request is to maintain the density as is with 18 units per acre which is fifty percent more than current code requires at 12 units per acre which is a 50% increase. Mr. Frieders – characterize it- asking to maintain what is there instead of making the change to the code. Mr. Castro imagines there was some reason this density was allowed when University Village was built. Mr. Hiland indicated this is historical knowledge. . Mr. Hiland said this portion of the L:/PLANNING/2015/PZC Minutes_032515 density requirement has been in place for at least ten years, pre-dating himself and doesn’t know the intent and the discussion that ensued at that time this was prescribed. Frieders noted the reason a recommendation wasn’t provided to council by staff was so that the Commission could hear the public first. Frieders said it is the recommendation of staff to continue the hearing until April 15th at which time staff recommendations would be presented and there would be another opportunity to provide feedback from the public. Mr. Crull motioned to continue the public hearing until April 15th. Mr. Castro seconded the motion and approved by voice vote. Public Hearing on a rezoning request to expand the Oak Crest Retirement Center at 2944 Greenwood Acres Drive and correct zoning district inconsistencies. The request is to modify, through a rezoning request the Planned Development Residential Zoning Ordinance to construct an addition to the DeKalb Area Retirement Center on property presently zoned “PD-R” Planned Development Residential and correct zoning district inconsistencies on property zoned “TFR” Two-Family Residential by making them a part of the Planned Development Residential District. CONSIDERATIONS Mr. Hiland said the request was first visited via workshop previously this year when the City learned of the intent to build and were presented with plans. The desire is to build twenty four new independent units. Originally the main campus structure and a few of townhome were zoned PDR with other units being zoned TFR. The purpose of the request is to two fold to correct the zoning inconsistencies and expand the campus to accommodate the growing needs of the retirement community. Steve Cichy – Executive Director, DeKalb Area Retirement Center. Mr. Cichy indicated he has been with the center since 1984. He said Oakcrest is a single site, not-for-profit center and has been in existence for 35 years. Mr. Cichy said they have provided what was requested by City staff in hopes of ultimate approval. Mr. Cichy said he is available to answer any questions. Chair Atherton opened public hearing. The public had no comment. Mr. Hiland said the proposal before them is to change the zoning to PDR Planned Development Residential for the entire property and that staff is comfortable recommending the change. He indicated the intention has been to reach out to Kishwaukee Hospital to research cross connection although this is an unresolved issue at this time. Ms. Nier said it is her understanding that Oakcrest would not want be in favor of the cross connection. Mr. Cichy indicated there are a couple of concerns and because of that he would disagree with that kind of connection because with this connection their private property could be passed through at any time. Mr. Cichy wondered why they would want to invite the kind of traffic through the property that they might get. L:/PLANNING/2015/PZC Minutes_032515 Mr. Hiland explained the thought behind the cross connection is possibly expediting emergency vehicles noting saying the conversation needs to be had. Chair Atherton closed public hearing and asked if commissioners had questions. Ms. Nier made a motion per the applicants request to rezone 2944 Greenwood Acres Drive, 505- 635 Roberts Lane and 650-677 Roberts Circle from Planned Development Residential and Two Family Residential zoning districts to Planned Development Residential with the approval of a preliminary and final plan. Roll call vote – Mr. Ruehling - yes, Mr. Crull – yes, Mr. Castro – yes, Ms. Nier – yes, Mr. Katz yes, Chair Atherton – yes. Public Hearing on a Rezoning Petition to rezone a portion of150 North Sixth Street/625 East Lincoln Highway for a Skateboard Training Facility. Chair Atherton- The Applicant, Ariel Ries, current owner of SMLTWN Skate Shop and on behalf of TDB Management, LLC, the property owner of 150 N. 6th St., is requesting that the property located at 150 N. 6th St. be rezoned from “LI” Light Industrial to “CBD” Central Business. Doing so would allow the applicant to relocate her business from 229 E. Lincoln Hwy. to the proposed location and use it as both a skateboard retail shop (along E. Lincoln Hwy.) as well as an indoor training facility (in the rear of the property, along N. 6th St.). The rezoning application is only for the building located at 150 N. 6th St., as the parcel located at 625 E. Lincoln Hwy. (the old Fargo Theatre) is already zoned as CBD. Jared Heyn said rezoning is being requested for a portion of the parcel at 150 N Sixth Street and 625 E Lincoln Hwy. The portion old Fargo Theatre that is being considered is the warehouse, requesting changing the zoning from Light Industrial to Central Business District in order to permit use as an indoor skateboard facility allowing the skateboard shop owner to move from 229 E Lincoln Hwy. Heyn noted the applicant is here so can answer questions. Heyn said he wants to make the Commission aware that if the rezoning is approved it will be expected of the owner to make the gravel parking area hard surface. At present the parking lot is gravel or an unimproved surface. If left as is it cannot legally be required that it be paved but if rezoning takes place it will be considered a significant enough change that it would need to be made an approved surface. Mr. Hiland reiterated that one parcel of record has two different zoning classifications and four to five separate addresses. The area in the rear is the warehouse which is zoned light industrial. Warehouses are allowed. Skate shops are not allowed, thus the proposal. Chair Atherton opened the public hearing Ariel Reese, owner of SMLTWN Skate Shop, located at 229 E Lincoln Hwy since May 2007. Ms. Reese thanks the commission for their consideration. Ms. Reese noted she has been owner of a business for eight years that promotes a healthy and active lifestyle. She expressed that clubs of this nature fosters a sense of community and provides a safe and encouraging destination for youth. She said she completely believes in the positive mental and physical affects skateboarding provides for the youth and thanked the Commission. Public comment L:/PLANNING/2015/PZC Minutes_032515 None. Commissioners – Mr. Ruehling asked if the structure of the building be modified. Ms. Reese said no, it won’t be modified only adding ramps inside. Mr. Katz – moving shop to new location 625 E Lincoln Hwy. Her vision is to walk through the shop to the facility. Mr. Ruehling asked if the entrance would be away from Lincoln Hwy on the back side of the building. Ms. Reese said yes, at present the entrance is in the back but would like to direct people through the store with the main entrance on Lincoln Hwy. Chair Atherton commented that she was leery at first but when she was downtown she witnessed skateboarders out on the street. Chair Atherton said she applauds Ms. Reese for bringing a place for a positive activity for the youth. Mr. Crull said we’ve heard there’s a need for more activities for youth and he’s glad to hear about this. Ms. Reese said she is afraid of it being paved because skateboarders will skate it if it’s hard surfaced and she would like to keep them inside. Mr. Castro asked if the City can condition the rezoning. Heyn said the paving is encouraged. Mr. Hiland said because of the significant change of use from a warehouse to a retail establishment, the change of use would necessitate bringing the area up to code. It is compelled upon the property owner to make the change. Chair Atherton closed the Public Hearing. Mr. Crull motioned to approve the request to approve to 150 N Sixth Street to Central Business District, CBD Mr. Katz seconded the motion. Roll call vote. Mr. Ruehling - yes, Mr. Crull – yes, Mr. Castro – yes, Ms. Nier – yes, Mr. Katz yes, Chair Atherton – yes. Public Hearing on a Special Use Permit Application for a Cellular Communications Tower at 1472 Barber Greene Road. The applicant wishes to obtain approval of a Special Use permit necessary to establish the Tower’s current condition and configuration as in compliance with all applicable city regulations, ordinances and codes moving forward as there will be no increase to the tower’s height and no significant increase to its bulk, or mass. Mr. Hiland – American Tower Corporation on behalf of the Sarah family trust who owns the property on Barber Greene Rd. The property has been an existing cellular tower location for a couple of decades. There was a forced annexation a few years ago and this property was one of the affected properties. By its annexation to the community the cell tower on that site became a legally non-conforming structure. They are requesting the said tower be approved through a special use allowing them to co-locate some of Sprint’s equipment on the lower rung of the tower. Chair Atherton opened the Public Hearing Bill Shrader, Insite Inc., 1S660 Midwest Rd, Suite 140,Oakbrook Terrace, IL, here on behalf of American Tower Corporation and Sprint. L:/PLANNING/2015/PZC Minutes_032515 CONSIDERATIONS Chair Atherton asked about pictures that were provided showing a home or a building. Is that part of the property? Mr. Shrader said the request is for the tower itself indicating it is out of his scope of expertise. Mr. Hiland said there is a rental property on site. Both the rental and tower are owned by same trust. His suspicion is that the property owner was approached and provided a land lease which has its own tax ID number. Mr. Mr. Hiland said it probably used to be same parent parcel. Ms. Nier asked about landscaping and screening the tower and asked if there’s been discussion about paving the existing gravel? Mr. Shrader said options for screening have been discussed and that bids are coming in. Along with placing the antenna there will be proposed equipment cabinets placed at the base of the structure on a slab. Antennas will be mounted at about 115 ‘, the lowest point on the tower to service the community. Chair Atherton closed the Public Hearing. Mr. Hiland wants to highlight the three recommendations from staff which are: 1. Pave the driveway that leads to the tower. 2. Paint the tower a neutral color that matches the structure. 3. Landscape site and submit landscaping plan. Mr. Mr. Hiland said he and the applicant have discussed alternative screening methods. Mr. Crull motioned to accept the petitioners request for a special use permit conditional to an accepted landscape plan and meeting all conditions for approval. Ms. Nier seconded the motion. Roll call vote - Mr. Ruehling - yes, Mr. Crull – yes, Mr. Castro – yes, Ms. Nier – yes, Mr. Katz yes, Chair Atherton – yes. REPORTS/ITEMS FOR NEXT MEETING Continuation of Public Hearing on the cell tower at 1300 S Seventh Street on April 15th. ADJOURNMENT A motion was made by Ms. Ms. Nier to adjourn the meeting. The motion was seconded by Mr. Mr. Ruehling and passed by voice vote. The meeting adjourned at 8:40 p.m. Brenda Hart, Recorder Administrative Associate Minutes approved by the Planning and Zoning Commission on May 13, 2015. L:/PLANNING/2015/PZC Minutes_032515