Planning & Zoning Commission

CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING April 22, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on April 22, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Welsh called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: Roger Ruehling, Matthew Crull, Deborah Nier, Adam Katz, and Chair Michael Welsh. Christina Atherton and David Castro were absent from the meeting. Also present: Derek Hiland, Principal Planner, Jared Heyn, Administrative Intern, and Linda Jacobson, Administrative Assistant. Also in attendance were Jay Jeschke, Gary Upert, John Kayser, Brenda Finn, and Michael Johnson on behalf of Cave Enterprises, LLC. Jim Morel, Janice Devore and Rich DeMink represented the Glidden Homestead Board. APPROVAL OF AGENDA A motion was made to approve the April 22nd agenda. The motion was seconded and approved by voice vote. APPROVAL OF MINUTES None CITIZEN COMMENTS None OLD BUSINESS None NEW BUSINESS Public Hearing to consider a request by Jay Jeschke on behalf of Cave Enterprises, LLC, for a special use permit (SUP) for a legally nonconforming drive-thru associated with a 2,988 square foot Burger King restaurant remodel located at 913 West Lincoln Highway. CONSIDERATIONS 913 West Lincoln Highway has been at the location for over twenty years and it is time for an interior and exterior remodel. The drive-thru is a SUP and has been non-conforming for approximately twenty years. This action will make it conforming. Mr. Jeschke gave an overview of the project and displayed existing / proposed site plans for the 2,988 square foot remodel to the Burger King restaurant. He is working with staff on a total interior / exterior remodel of the current structure, including a 13’4” addition, which will create seating capacity for 56, 35 parking stalls, including 1 handicapped stall and 2 order pick-up stalls. This update, which includes all new plumbing and electric, will eliminate code deficiencies making the facility ADA compliant and energy efficient. The site will be one of the first locations to get the “Garden Grill” image, part of the 20.20 Program. The exterior design will be brick and concrete, interior will be earth tones and 1,000 square feet of landscaping will be added. An existing garage will be used to store dumpsters. A 15’ monument sign with a 5’ diameter Burger King sign and reader board is requested. Cave Enterprises, LLC will close the store during the renovation process. Start of work is planned for mid-May with completion by July 4, 2015. Building documents will be submitted by next week and go to Council on May 11, 2015. Mr. Crull stated that residents have concerns about reverberations from noise. Ms. Nier inquired about the impact of the fence at the rear of the property. Mr. Jeschke advised noise testing was completed on April 21 using a decibel meter and documentation was submitted. No noise was picked up other than the wind. He advised that sound from the existing system reaches out approximately 3’ from the drive-thru. The new system will be comparable with volume control. Much of the existing area is hard surface; therefore, landscaping will be included to buffer and provide noise control. There is a fence located at the rear of the property with vegetation and 5’trees will be planted. Seven trees have been planted along the west property line by Glidden Flowers. Curbing has to be moved a few feet to do some additional planting. Another fence along the rear could create more of a problem with the collection of debris being almost back to back with the existing fence. Mr. Hiland and Mr. Jeschke have discussed the fence and are not clear on the distance between the fencing. This could create code issues. Also, one of the neighbors, Cardinal Apts., has a tree in existence and the addition of another tree would create a struggle for nutrients, light, etc. This issue needs further discussion. Mr. Kayser, representing Cave Enterprises, advised Cave is committed to the property. Any fencing issues will be resolved to create a buffer. The fence in question is on the petitioner’s property. Cave will have J.U.L.I.E. spot before any digging starts. PUBLIC COMMENT Mr. DeMink, previous owner of the property, advised he received notice of this meeting and noted the Glidden Homestead Board did not. Jim Morel and Janice Devore, both Board members, were in attendance with Mr. DeMink. Mr. DeMink advised the sales agreement between himself and Cave Enterprises, LLC shows a landscaping plan to be granted as an easement; however, the current remodel plans do not reflect this buffer/easement. Additionally, the existing parking light east of the barn, scheduled to be removed in one year, is still in place. He stated the petitioner agreed to remove asphalt and curbs and that work has not been completed. The Board wants to make sure the agreement is adhered to. A copy of the sales agreement will be provided to Mr. Hiland. Mr. Morel stated he came in support of the project but is withdrawing his support until the issues above are rectified. The venue is not being improved to make it more attractive for DeKalb residents. The barn and Glidden homestead are both landmarks and on the National Register. Ms. Devore stated she wants to see the contract honored, specifically the parking spaces. Mr. Kayser addressed Mr. DeMink’s concerns advising there is no intent to disregard the issues; the easement/buffer are being contemplated, the light pole has been relocated in the plan, and there are plans for the buffer to be built at a future date. Further discussion needs to continue on this. Chair Welsh closed the public portion of the hearing. COMMISSIONER COMMENT Mr. Crull wanted confirmation about ownership of existing fence and recommended a survey to accomplish this. Ms. Nier is concerned that fencing is an issue for both safety and litter and wants to make sure parking is adequate based on seating. Mr. Katz is concerned about the easement creating problems for the drive-thru. Mr. Kayser advised it would not; the holding spots for drive-through are included in the number of parking spots. Mr. Jeschke added that seating can be reduced to adjust for parking by converting a 4 seat to a 2 seat table. Mr. Kayser requested a meeting with the Glidden Homestead Board members after this meeting to determine responsibility. Chair Welsh noted the issues need to be settled before going to City Council and directed Planning staff to work with the two parties to resolve. He is willing to go with the sign if Ms. Devore is satisfied with the negotiations. The impact on the Glidden Homestead is more important than the sign height. Discussion continued on the 15’ sign regarding lowering it and why the required size did not work? Mr. Kayser advised the sign company creates a sign based on what local competition has in place. Competitive equilibrium is a concern; Burger King wants equal terms with McDonald’s and Culvers. This is a $2,000,000.00 investment, signage is a priority and the reader board is critical; it can impact sales by 10 – 15% and provides space for community messages. Lowering the sign creates the potential for tampering. Flag tests have been completed, there will be no blind spots created by the sign and the exit is ahead of the sign. Mr. Crull asked if the other businesses signs are out of compliance. Mr. Hiland noted they are and the City could place a moratorium on height or compliance can be gradual, the Commission must decide. The Burger King sign conforms to the UDO except for the height. He asked to maintain what Code allows but the Commission can decide otherwise. Revising the height within the Code was discussed. Mr. Katz asked if height could be increased to 15’ or, per Chair Welsh, can there be a sign height established for Lincoln Highway, similar to what was done on Annie Glidden Highway? We need to look at what competition was allowed to do. Mr. Hiland noted he was not with the City when the 10’ height was decided on and that some Commissions abide by the Code regardless of what is requested. Mr. Hiland advised the Commission they can recommend approval of the plan showing 35 parking spaces as being contingent to the agreement made to the private contract. An answer is needed tonight on this. Mr. Kayser is amenable to reducing the seat count from 56 to 50 to match the 35 parking stalls giving up three stalls to the Glidden easement. The Glidden Homestead Board agreed this was reasonable. He further advised the light is being moved now, accommodations are made for the buffered easement, and the curb will be discussed with the Glidden Homestead Board. He wants approval to move forward to obtain permits and finalize the project this summer. Mr. Hiland advised the fence does not provide enough screening and Chair Welsh recommended a new fence. That can be done if it is a new fence but consideration needs to be given to having two fences so close to one another. That decision cannot be made tonight based on the existing survey. The Commission next considered the six items individually for approval as listed in the exhibits. 1. Approval of the proposed drive-thru. 2. Requirement of a screening element of a six (6) foot tall privacy fence and the landscaping plan be updated to include a tree for every thirty (30) lineal feet along the north property boundary. Staff and the Commission approved items one and two. 3. Approval of the proposed monument sign as shown in the exhibits. A motion was made by Mr. Katz to approve the proposed 15’ monument sign as shown in the exhibits. The motion was seconded by Ms. Nier and approved by voice vote. 4. Interior and border landscaping should be scrutinized when the revised landscaping plans are resubmitted. It appears as though the applicant does not meet the minimum standards of the UDO’s landscape requirements. The minimum standards require one tree for every thirty feet of frontage along a right of way and four shrubs to be planted. The applicant will be prepared to address the landscaping deficiency either verbally or with a plan at the meeting. In lieu of either a plan meeting the minimum standards of the UDO is required. Mr. Hiland reviewed and supported the updated landscaping plan showing the added vegetation and adjacent properties landscaping. A motion was made by Ms. Nier to approve the submitted landscaping plan. The motion was seconded by Mr. Katz and approved by voice vote. 5. The overall site coverage is capped at 70% in the General Commercial Zoning District. The applicant intends to revise the site plan to reduce the overall site coverage. The revised plan will be presented to the Planning and Zoning Commission that would meet the requirements of the UDO. Mr. Hiland advised the site coverage is currently 87%; Code contemplates 77% be met. Item #5 can be amended to read “the requirement for the reduction from the existing 87% site coverage be reduced to 77.48% site coverage as shown on the plan provided.” A motion was made by Mr. Crull to approve the reduction from 87% to 77.48% as proposed. The motion was seconded by Mr. Katz and approved by voice vote. 6. Determine decibel levels at the residential property line to the north of the speaker box and/or commitment of installing a noise attenuation device. Mr. Hiland recommended that as only wind sound was picked up during the study, either another study could be completed or the drive-thru switch the speaker box to quiet after a certain period of time to minimize the 85 decibels read at 3’ from box. Discussion followed regarding noise control, peak evening operation hours, and fencing and vegetation assisting in minimizing sound and vehicle reverberations. Peak evening operation hours are 5:00 p.m. – 8:00 p.m. Sound attenuation will not be an issue. A motion was made by Mr. Crull to approve item #6 contingent on implementation of sound attenuation between the hours of 9:00 p.m. and 6:00 a.m. The motion was seconded by Mr. Katz and approved by voice vote. With the conclusion of discussion, Mr. Crull motioned to accept items #1 through #6 as previously described with overall approval of the project. The motion was seconded by Ms. Nier and approved by voice vote. REPORTS/ITEMS FOR NEXT MEETING Mr. Hiland advised the upcoming Commission meeting will include a continuation of the item consideration on University Village and a public hearing on a rooming house conversion to apartments. ADJOURNMENT A motion was made to adjourn the meeting. The motion was seconded by Mr. Ruehling and passed by voice vote. The meeting adjourned at 8:18 p.m. Respectfully submitted, Linda Jacobson, Recorder Administrative Assistant Minutes approved by the Planning and Zoning Commission on May 13, 2015.