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Planning & Zoning Commission

Regular Meeting

DeKalb, IL · December 4, 2019

AgendaMinutes

Minutes

MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION December 4, 2019 The Planning and Zoning Commission held a Meeting on December 4, 2019, at the City of DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary Aaron Walker called the roll. Planning and Zoning Commission members present were: Chair Christina Doe, Steve Becker, Max Maxwell, David Castro, and Ron Klein. Commissioner Vicki Buckley and Jerry Wright were absent. Principal Planner Dan Olson was present representing the City. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Doe Requested a motion to approve the December 4, 2019, agenda as presented. Mr. Klein motioned to approve the agenda as presented. Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. October 23, 2019 – Chair Doe requested a motion to approve the October 23, 2019, minutes as presented. Mr. Castro motioned to approve the minutes as presented. Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote. 2. November 6, 2019 – Chair Doe requested a motion to approve the November 6, 2019, minutes as presented. Mr. Klein motioned to approve the minutes as presented. Mr. Castro 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 – Petition by Mobilitie, represented by Mark O’Brien, for a special use permit for a cellular antenna to be located on the building at 100 W. Lincoln Highway (Walgreens). Mark O’Brien, of 120 South River Side Plaza in Chicago, representing Mobilitie advised the carrier for the cellular antenna would be Sprint. He noted Sprint and Walgreens have entered a commercial partnership, allowing Sprint to sell products and services from a kiosk inside of the store as part of a pilot program. Mr. O’Brien advised the Walgreens located at 100 W. Lincoln Highway is part of the pilot program. He noted the importance of the antenna in order to provide the best service coverage to customers inside and outside of the store. He stated the service would only extend to the parking lot and the adjacent portions of First Street and Lincoln Highway. Mr. O’Brien stated the total height of the antenna will be about 14 feet and it will be attached to the south end of the building. He advised the antenna will be about 12 feet above the parapet and about 10 feet above the top of the building canopy. He noted the antenna placement minimizes the impact it will have on Walgreens during construction and maintenance, as well as minimize its visibility. Principal Planner Dan Olson went through the staff report dated November 27, 2019. He advised the UDO requires that any cell antenna in a commercial zoned property be required to obtain a special use permit. He stated the exterior antenna will be located at the southern end of the building. He advised the antenna will not extend more than 10-12 feet above the highest point of the building, allowing minimum visibility from the street level while still maintaining cell coverage. Mr. Olson advised the antenna placement is approximately 250 feet away from the nearest residential zoned property line. He noted a co-location protocol was not completed due to the antenna being required to be placed on the site since it was only servicing the interior and a short distance from the exterior of the property. Mr. Olson stated the antenna would not be detrimental to the development or value of surrounding properties. He advised the proposed cell antenna will comply with all regulations of the Central Business District and the Unified Development Ordinance. Mr. Olson noted there were no public comments submitted to the City and the staff recommends approval. Chair Doe then invited attendees in the audience to speak. There was none. Chair Doe gave the Commission members the opportunity to speak. Mr. Castro inquired who was the driving force behind the petition. Mr. O’Brien advised that Sprint was the lead on this project, but this project is in the best interest of both Sprint and Walgreens. Mr. Castro questioned if the antenna will and can be taken down if this pilot program is unsuccessful. Mr. Olson advised the antenna could be removed. Chair Doe gave the public one more opportunity to speak. There was none. Mr. Klein advised based upon the submitted petition and testimony presented, he moved that the Planning and Zoning Commission forward its findings of fact and recommends to the City Council approval of a special use permit for a cellular antenna on top of the Walgreens at 100 W. Lincoln Highway per the plans dated September 19, 2019, and attached as Exhibit A to the staff report. Mr. Castro seconded the motion. A roll call vote was taken. Mr. Becker – yes, Mr. Castro – yes, Mr. Klein – yes, Mr. Maxwell – yes, Chair Doe – yes. Motion was passed 5-0-0. Mr. Wright and Ms. Buckley were absent. 2. Final Plat of Resubdivision - Petition by Charles McCormick for a resubdivision of lots 72, 73, and 74 in the South Pointe Greens Unit Two Subdivision located along Pebble Beach Ct. Charles McCormick, of 430 Parkside Dr. in Sycamore, advised lot 72 contains a single-family home that is owned by his son Brendan McCormick. He stated lots 73 and 74 are vacant and owned be Lee Hadick. Mr. McCormick advised the resubdivision would involve adding 35 feet from the north lot of 73 to lot 72. It would also add 40 feet from the south side of lot 73 to lot 74. He noted if the resubdivision is successful, he would purchase the new lot two and construct a home. Principal Planner Dan Olson went through the staff report dated November 27, 2019. He noted there is an existing 10-foot-wide easement between lots 72 and 73 which will remain. He advised the easement has current restrictions that prevent structures from being built on it. This restriction will continue with the resubdivision, if approved. Chair Doe gave the Commission members the opportunity to speak. Commission members Maxwell, Klein and Becker noted they have no questions and are supportive of the request. Mr. Castro clarified the applicant is proposing to subdivide three lots down to two lots. Mr. Olson responded that is correct. Mr. Maxwell moved that the Planning and Zoning Commission recommend approval of the Final Plat of the McCormick Resubdivision dated October 14th, 2019, prepared by William Hanna Surveyors as shown on Exhibit A in the staff report and per the comments noted on Exhibit B of the staff report. Mr. Klein seconded the motion. A roll call vote was taken. Mr. Becker – yes, Mr. Castro – yes, Mr. Klein – yes, Mr. Maxwell – yes, Chair Doe – yes. Motion was passed 5-0-0. Mr. Wright and Ms. Buckley were absent. F. REPORTS Mr. Olson noted the next scheduled meeting on December 18th, 2019, will be canceled. He noted the next meeting after that will be January 8th, 2020. He advised the current 2020 Planning and Zoning Commission meeting dates, which were provided to the Commission, will be amended once City Hall has relocated. Mr. Olson also noted the City Council approved, at their November 25, 2019 meeting, the electronic changeable copy for Clinton Rosette Middle School, the rezoning for the video gaming establishment at 1704 Sycamore Road and the rezoning to accommodate the medical cannabis dispensary at 700 Peace Road. G. ADJOURNMENT Mr. Becker motioned to adjourned, Mr. Castro seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission adjourned at 6:22PM.

Agenda

DeKalb Municipal Building City Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission December 4, 2019 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. October 23, 2019 2. November 6, 2019 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing -Petition by Mobilitie, represented by Mark O’Brien, for a special use permit for a cellular antenna to be located on the building at 100 W. Lincoln Highway (Walgreens). 2. Final Plat of Resubdivision – Petition by Charles McCormick for a resubdivision of lots 72, 73, and 74 in the South Pointe Greens Unit Two Subdivision located along Pebble Beach Ct. F. REPORTS G. ADJOURNMENT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION October 23, 2019 The Planning and Zoning Commission held a Meeting on October 23, 2019, at the City of DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:00 PM. A. ROLL CALL Principal Planner Dan Olson called the roll. Planning and Zoning Commission members preset were: Chair Christina Doe, Steve Becker, Vicki Buckley, David Castro, Ron Klein, and Jerry Wright. Commissioner Max Maxwell was absent. Principal Planner Dan Olson and City Engineer Zac Gill were present representing the City. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Doe Requested a motion to approve the October 23, 2019, agenda as presented. Ms. Buckley motioned to approve the agenda as presented. Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES October 9, 2019 – Mr. Klein motioned to approve the minutes. Mr. Castro 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 – Petition by DeKalb 343 LLC, represented by Jerry Krusinski of Krusinski Construction Company, for approval of amendments to Ordinance 06-107 and Ordinance 06-109 to accommodate an approximate 1,222,400 square foot distribution center and a 466,560 square foot packing center as shown on the site plan made part of the zoning application for approximately 106 acres out of a total site area of approximately 343 acres for property located east of State Route 23, north of Gurler Road, west of Crego Road and south of I-88. The applicant, Jerry Krusinski of Krusinski Construction Company, noted the history of purchasing the subject site in 2005. He advised in 2006 there was an annexation agreement approved to develop a business park focused on industrial development. He noted there were provisions to allow for retail and commercial properties along Route 23. Mr. Krusinski showed the Commission the concept plans and the preliminary plat that were generated during the original annexation process. Mr. Krusinski said the agreement had strict development, landscape, signage, and building guidelines in order to construct a successful business park, as well as being good neighbors. He advised, after the 2008 recession, they were no longer able to move forward with the original concept site plans. He added they have pursued many development opportunities but have been unsuccessful. Mr. Krusinski advised they had recently obtained an opportunity with an investor to build a two-building complex. He noted the investor is looking to construct a 1.2 million square- foot distribution center for food related products with an adjacent smaller packaging center. Mr. Krusinski said the two-building complex will provide 1,000 jobs at full growth and the investor would be purchasing enough land to expand and build a manufacturing center at a later date. Mr. Krusinski noted the only access to this development would be off Gurler Rd in order to control traffic and have the least impact on the residences along the west site of Rt. 23. He stated a berm would eventually be built along Route 23 to enhance the screening and environment for the neighboring residences. He added the western and eastern portions of the 343 acres will continue to be farmed until further expansions or developments. Mr. Krusinski pointed out the main detention pond for the development will be in the northwest corner of the site. Principal Planner Olson went through the staff report dated October 18, 2019 and recommended approval of the request. He informed the Commission the City, DCEDC and other entities have been working with the developer and end user regarding the development’s layout, utility extension, and incentives. He advised the proposed uses are permitted in the planned development ordinance that was approved in 2006. Mr. Olson noted the concept plan that was approved in 2006 is slightly different than the current plan, which has a different layout regarding roads and building sizes. He said this warrants an amendment to the annexation agreement and ordinance from 2006. Principal Planner Olson advised the proposed development meets all the standards in the agreement regarding setbacks, height restrictions, parking standards, and other requirements. Mr. Olson advised the intent is to amend the 106 acres that the distribution center and packing center will occupy. He added the applicant, DeKalb 343 LLC, will amend the standards for the rest of the site at a future date. Mr. Olson advised the annexation agreement called for the final plat and plan to come before the Planning and Zoning Commission and City Council for approval. He added the applicant was requesting the plan submitted for the distribution center and packaging center would be accepted and approved as a preliminary plan. He added the applicant requested the final plan would not have to be approved by the Commission. Mr. Olson stated it recommended the final plan will only need to be approved by staff. Mr. Olson advised in the current agreement, a private design review committee was to be established, however the applicant has requested the committee be removed from the agreement. He stated there are other standards in the agreement and in the Unified Development Ordinance (UDO) regarding landscaping, signage, setbacks, and other requirements. Mr. Olson advised the original agreement called for no fewer than two and no more than three public street access points and only two private access points off Gurler Rd. He noted the applicant’s preliminary plan shows five private access points along Gurler. He mentioned one of the proposed amendments will allow for five private access points along the road. Mr. Olson advised a traffic study was conducted for the first phase of development and noted the recommendations included resurfacing Gurler Rd. from Route 23 to Peace Rd. and Peace Rd. from Gurler Rd to I-88 eastbound ramps. He added the study recommended modifying the intersection geometry of Gurler Rd. at Peace Rd., and providing left turn and deacceleration lanes for the private access points along Gurler Rd. Mr. Olson noted Route 23 is under the jurisdiction of the Illinois Department of Transportation (IDOT), which would provide them control on any access points or improvements along the road. Mr. Olson mentioned that multiple citizen response forms were submitted, as well as emails and letters. He stated letters of support were received from Young Real Estate Group (own property direct east of the site) and from Wennlund Farms LLC, (own property at the southeast corner of Gurler and Crego Rd.). Mr. Olson mentioned a letter of support with comments was received from Ingrid Inboden of 2975 S 4th St. and the City received three letters and emails against the proposal: Kathy Kivisto of 2375 S 4th St., John and Donna Conlin of 3155 S 4th St., and Robert Becker of 3011 S 4th St. Mr. Olson advised the staff’s recommendation is approve the proposal as it will have positive effects on the economy and would be transformative to the City. He continued by pointing out the property taxes generated from the project would be comparable to the existing property taxes generated from the five largest warehouse distributors in the City. He added if the site is selected by the investor, they would like to construct and occupy the buildings by the end of 2020. He noted the applicant requested an expedited approval process in order to make that possible. Chair Doe then invited attendees in the audience to speak. John Conlin, of 3155 S 4th St, started his disapproval of the development project. He noted he was not informed of any zoning or public hearings until October 4th, 2019. He expressed his concerned with the water main, storm sewers, and drainage in the area, as flooding is already common. He stated his concerns with the increased traffic in the area due to the possibility of 1000 new employees and truck traffic. Mr. Conlin stated he was concerned with the widening of Route 23 and how much of his property he would lose. Principal Planner Olson and City Engineer Gill reiterated the results of the storm water and traffic studies submitted to the City. Mr. Gill noted a stormwater management plan was submitted and reviewed by the City meeting all requirements. He added the stormwater pond at the northwest portion of the site will be sized to accommodate the development. Mr. Olson and Mr. Gill added the current agreement calls for any additional right of way needed along Rt. 23 would come from the east side. Tom Inboden, of 2975 S 4th St, had concerns about the water drainage surrounding his property and where the storm water from the development project will end up. He noted his concern for the traffic, as well as the speed limit along Rt. 23. Mr. Inboden added he wanted to make sure the gateway into the City along Rt. 23 was maintained and a good size berm be added along the east of the road. He stated he thought the project would be a positive for the City by adding jobs. Chair Christina Doe requested that the City investigate the speed limit along Route 23. Ingrid Inboden, of 2975 S 4th St, had concerns regarding the light pollution from the project, berming along Rt. 23 as well as the speed limit along the road. Ms. Inboden mentioned there is already a major flooding issue in the area and is concerned the development will add to it. Principal Planner Olson advised Ms. Inboden and the Commission of the lighting requirements in the UDO and how it limits light pollution. Kathy Kivisto, of 3275 S 4th St, advised she is opposed to the development due to her driveway being right next to the Gurler Rd. and Rt. 23 intersection. She stated traffic is already an issue with the grading and construction work happening at the site, making it extremely difficult to exit and enter her driveway. She stated turn lanes should be added to Rt. 23 onto Gurler Road. City Engineer Gill reiterated the findings of the traffic study and the timeline of improvements based on the study. Paul Borek, of 2179 Sycamore Rd in DeKalb, Executive Director of the DeKalb County Economic Development Corporation stated his support for the approval of the amendments to the annexation agreement. He added there will be significant property taxes and employment benefits with the project. Chuck Kaiser, of 230 W State St, representing First Midwest Bank and the DeKalb County Economic Development Corporation mentioned his support for the proposal. Jerry Wahlstrom, of 332 Greenwood North, representing the DeKalb County Economic Development Corporation stated his support for the request. He stated his involvement in the real estate market and believes the development would boost to the housing market in DeKalb. Cohen Barnes, of 234 Greenwood North, representing the DeKalb County Economic Development Corporation mentioned he is excited for the development project and how it will positively transform the community. Paul Callighan, of 1512 Crayton Cir East in DeKalb, stated his support for the development project. He praised the effort put forth by DeKalb 343 LLC to market and maintain the parcels involved in the development project. He noted the positive economic impact the development would have on DeKalb. Frank Roberts, of 1130 Glidden Ave. DeKalb, also representing the DeKalb County Economic Development Corporation stated his support for the development. He advised the need to expedite the process in order to ensure that the development project stays in DeKalb. Shirley Balika, of 355 Gurler Rd, advised her concern for the water drainage in the area. She had concerns that her property would be taken to widen Gurler Rd, as surveys of her property line are being completed. City Engineer Gill stated any widening of Gurler Rd. would occur on the east side of the road. Kathleen Davenport, of 2955 S 4th St, advised the grading work occurring on the site starts at 5:30 AM on most days. She stated she has a hard time falling asleep with the light and noise pollution and has concerns with the water drainage. City Engineer Gill advised the Commission and Ms. Davenport of the City and County ordinances regarding the water release rate. Mr. Krusinski responded by saying he apologized to Ms. Davenport for the early construction hours and would work with the contractor to limit the impact. Chair Doe gave the Commission members the opportunity to speak. Commissioner Wright asked for a comparable development to the 1.2 million square ft distribution center proposed. Mr. Krusinski advised the Target development is 1.5 million square ft. Mr. Olson noted the last 3M building constructed was just under one million sq. ft. Mr. Wright asked who initiates the process with the IDOT to widen Route 23. City Engineer Gill advised the City would submit the traffic study completed for the project to IDOT. He also advised the traffic study is available to the public upon request. Mr. Wright questioned if there is anything in IDOT’s requirements that would require citizens to give up portions of their property for the expansion of Gurler Rd or Route 23. Mr. Krusinski advised that all land required for the expansion from Rt. 23 would come from the east side or development side of the project. Commissioner Wright stated his support for the development project. Commissioner Buckley requested an estimate on the number of trucks that would be entering and leaving the development per day. City Engineer Gill advised the traffic study estimated 870 heavy vehicle trips per day. Ms. Buckley stated her support for the development project. Commissioner Becker inquired if the areas of future expansion were considered in the traffic study. Mr. Krusinski advised it was. Commissioner Klein inquired why the grading was already started, even though the development wasn’t approved yet. Mr. Krusinski stated the project would take a large amount of time to complete if grading was delayed until approval. He added in order to expedite the process, a permit was submitted and accepted for mass grading. Mr. Olson said the current annexation agreement allowed for a grading permit to be issued as long as certain submittal requirements were met. Mr. Klein advised his concerns regarding the storm water drainage. Mr. Olson noted the stormwater has been reviewed by the City Engineer and has meet all City requirements. Mr. Klein stated his approval of the development project as long as all of the issues raised have been addressed. Commissioner Castro inquired what financial status the jobs being created hold and questioned why the developer has not disclosed the name of the food distribution company. Mr. Krusinski advised it’s common for businesses not to disclose their name until the purchase agreement is signed. Mr. Castro noted his approval of the project as long as the project is done right and met all requirements. Chair Doe inquired if the 1000 jobs created will be distributed over various shifts, which was verified by Mr. Krusinski. Chair Doe asked if Mr. Krusinski could address the noise pollution during early morning hours. Mr. Krusinski advised that adjustments would be made to accommodate the surrounding area. Chair Doe inquired if there is the possibility that more access points would be added off Gurler Rd. Mr. Krusinski advised that will likely occur as future development comes in. Chair Doe inquired if a bike path or bus route will be added near the development to help employees get to work. Principal Planner Olson said that has not been discussed but is very possible and will be investigated further. Mr. Krusinski added they have spent a lot of time attempting to get the right user for the property and have discouraged heavy industrial users. Chair Doe gave the public one more opportunity to speak. Ingrid Inboden, of 2975 S 4th St, inquired who would be responsible if the surrounding residences flood due to the development. Mr. Krusinski stated that he has contacted the State of Illinois, Union Pacific RR, and the Army Corp of Engineers in order to take every step-in order to prevent flooding in the area and to remedy the problems. John Conlin, of 3155 S 4th St., asked how many shifts there will be there at the food distribution center. Mr. Krusinski responded they may have three shifts eventually, but not sure at the beginning of operations. Discussion continued with the Commission regarding lighting concerns and berming. Ms. Buckley made a motion based on the submitted petition and testimony presented, the Planning and Zoning Commission recommended to the City Council approval of the amendment to the annexation agreement and an amendment represented by Ordinance 2006-107 and 2006-109, to allow for an approximately 1,222,400 square ft distribution center and a 466,560 square ft packing center on approximately 106 acres located between Route 23, Gurler Rd, Crego Rd, and I-88, subject to the plans, standards, and conditions listed in Exhibit A of the staff report. Motion was seconded by Klein. A roll call vote was taken. Ms. Buckley – yes, Mr. Castro – yes, Mr. Klein – yes, Mr. Wright – yes, Mr. Becker – yes, Chair Doe – yes. Mr. Maxwell was absent. 2. Public Hearing - Petition by BQ Enterprises, Inc., an Illinois Corporation for approval of a Zoning Map Amendment from the “LI” Light Industrial District to the “PD-I” Planned Development – Industrial District to allow for a medical cannabis dispensary and consideration to approve a Planned Development less than two acres and a medical cannabis dispensary in a multi-tenant building and other approvals as required to accommodate the proposed use. The subject property is located at 700 Peace Road. Craig Krandel, of 15016 W South St Rd in Woodstock, representing BQ Enterprises Inc advised this is a request for a medical cannabis dispensary and applicable rezoning to the “PD-I” Planned Development District for the site at 700 Peace Road. He stated the Unified Development Ordinance (UDO) requires Planned Developments on sites of two acres or more and does not allow medical cannabis dispensaries in multi-tenant buildings. Mr. Krandel mentioned a medical cannabis dispensary is a special use in the “LI” District; however, a variance/waiver cannot be granted through a special use. He added the dispensary would be the first and only dispensary in DeKalb County. Principal Planner Olson went through the staff report dated October 18, 2019. He advised the applicant is proposing to locate in a 3,600 square foot unit space (north side of building) at 700 Peace Road, Suite B. He added the space is part of a two-unit condominium, so the boundaries of the lot coincide with the area of the tenant space. Mr. Olson noted the adjacent owner to the south is Competitive Edge, which is approximately 7,170 sq. ft. in size. Mr. Olson advised the UDO has specific regulations for medical cannabis facilities (dispensaries and cultivations centers) including setbacks to schools, day care facilities and residential areas and the type of buildings they can locate in. He added there are also separate parking, signage and other development restrictions including security and surveillance measures. Mr. Olson noted the applicant has provided a floor plan indicating the layout of the facility and will be discussing the proposed security plan with the Police Department. He concluded by stating as a condition of approval, staff is recommending that a security agreement/plan be approved between the City and applicant prior to final occupancy of the space. Mr. Olson noted with the approval of the medical cannabis dispensary at 650 Peace Road in 2017, staff recommended a time limit for the applicant to obtain a state-issued license and to complete the build-out of the tenant space. He stated staff is recommending the applicant obtain a state-issued medical cannabis dispensary license for the subject site within one year of approval of the Ordinance granting the rezoning. In addition, Mr. Olson stated staff is recommending the applicant complete all required build-out and tenant improvements within six months after issuance of the state-issued medical cannabis dispensary license (and prior to opening of the facility). Mr. Olson advised the City received a Citizen Response Form from Donald Jones, president of the DeKalb Forge Company along Pleasant St., indicating opposition to the request. He reiterated the proposed rezoning request will allow a medical cannabis dispensary in a location that meets all the current requirements of the UDO, except for two exceptions, and will be in a location that will not have a detrimental effect on adjacent businesses or land uses. He concluded the proposed facility would also be in compliance with proposed amendments the City is considering to the UDO regarding recreational and medical cannabis dispensaries. Chair Doe then invited attendees in the audience to speak. Donald Hawkins, of 700 Peace Rd Suite A, owner of the neighboring business, Competitive Edge voiced his concern for the security of the building and wanted to ensure the building will have 360-degree security footage. Donald Jones, President of DeKalb Forge along Pleasant St., stated having a cannabis dispensary will have a negative effect on public safety and his business. He added that his business is drug free and having a cannabis dispensary so close would be harmful to his employees. Michael Embrey of 425 Fairmont Dr. in DeKalb and owner of Fun Me Events at 650 Peace Road – Suite F stated there are strong economic benefits to cannabis dispensaries and hopefully one will be located in DeKalb County. Lucas Ray, of 548 Kendall Ln. in DeKalb and representing DeKalb Forge stated his concern with the location of the dispensary and the possibility of recreational sales. He advised the safety concerns of having heavy industrial sites near the dispensary, as it causes safety risks to his employees. Mr. Klein advised he only supports a medical cannabis dispensary and would not want the business to expand into recreational cannabis. He stated he will vote no in the future if there is a proposal to expand into recreational cannabis. Mr. Becker inquired whether employees can be tested for cannabis once recreational marijuana is legalized in 2020. The applicant, Mitchell Zaveduk, of 2844 Floral Drive in Northbrook, advised that employees can be tested for marijuana use. Ms. Buckley advised the same. Mr. Becker inquired what would the change in sales be going from a medical dispensary to both medical and recreational cannabis sales. Mr. Zaveduk advised there is the potential of doubling sales. Mr. Wright requested clarification on the security footage coverage and overall security. Mr. Zaveduk advised he cannot guarantee 360-degree coverage, but he will ensure security will be taken very seriously and they will work with the police department as well. He added the police department will have access to live video feed if requested and noted the state safety requirements are very strict and will be followed. Chair Doe gave the public one more opportunity to speak. There was none, and the public hearing was closed. Ms. Buckley moved that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “LI” Light Industrial District to the “PD-I” Planned Development Industrial District to permit a medical cannabis dispensary and exceptions to the UDO regarding minimum lot size for a Planned Development and for a medical cannabis dispensary in a multi-tenant building for the property located at 700 Peace Road, Suite B in the space as shown on Exhibit A in the staff report and subject to the conditions listed in Exhibit B of the staff report. Motion was seconded by Mr. Becker. A roll call vote was taken. Mr. Castro – yes, Mr. Klein – yes, Mr. Wright – yes, Ms. Buckley – yes, Mr. Becker – yes, Chair Doe – yes. Motion passed 6-0-0. Mr. Maxwell was absent. F. REPORTS Principal Planner Olson stated the next Planning and Zoning Commission meeting would be November 6, 2019, with a public hearing for a petition by the DeKalb Community School District for approval of a special use permit to allow an electronic changeable copy sign (digital display sign) at Clinton Rosette Middle School. He added there will be a second public hearing for a rezoning from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District to allow for a video gaming establishment at 1704 Sycamore Road. Mr. Olson recognized and welcomed new Commission member Steve Becker. He also went through the updated Zoning and Developments sheet that was handed out to the Commission. G. ADJOURNMENT Mr. Castro motioned to adjourn, Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 9:10 PM. Respectfully Submitted, Dan Olson, Principal Planner COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT November 27, 2019 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Special Use Permit for a cell antenna at 100 W. Lincoln Highway (Mobilitie) (Walgreens) I. GENERAL INFORMATION A. Purpose Approval of a special use permit for a cell antenna on the Walgreens building. B. Location/Size 100 W. Lincoln Highway/1 acre C. Petitioner Mobilitie represented by Mark O’Brien D. Existing Zoning “CBD” Central Business District E. Existing Land Use Walgreens Pharmacy F. Proposed Land Use Walgreens Pharmacy G. Surrounding Zoning and Land Use North: GC; various commercial South: GC and CBD; various commercial East: CBD; apartments, commercial West: GC; bank, vacant lot, commercial H. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The applicant, Mobilitie represented by Mark O’Brien, is requesting approval of a special use permit in order to install a cell antenna on the building at the Walgreens Pharmacy located at 100 W. Lincoln Highway. The total mast height of the antenna will be about 14 feet and attached to the south end of the building. The antenna will be about 12 feet above the parapet and about 10 feet above the top of the building canopy. The UDO requires that any cell antenna in a commercial zoned property be required to obtain a special use permit. Starting in 2018, Walgreens began partnering with Sprint to provide wireless services in their stores in the Chicago area. The Sprint Express locations allow customers to purchase devices, sign up for service plans and pay their bills. The applicant would like to add the proposed cellular antenna at the south end of the building to enhance cellular connectivity in and around the store. The antenna would provide enhances wireless services to Walgreens customers in the store and up to a ½ mile away. The enhanced connectivity will provide better in-store customer service, increase sales and provide for additional revenue for the City. Sprint has engaged Mobilitie to design, secure appropriate permits and construct the rooftop facilities in accordance with Walgreens' engineering standards and jurisdictional requirements. Walgreens has selected a design with both an interior and exterior antenna to enhance indoor and outdoor coverage. The exterior antenna will be located on the rear portion of the store at the southern end of the building. The antenna will not extend more than 10-12 feet above the highest point of the building, allowing minimum visibility from the street level while maintaining coverage objectives. The antenna will be placed at the rear of the building (south end) and there will be no associated ground equipment related to the proposed improvements. The building where the antenna will be placed is about 250 feet away from the nearest residential zoned property line. The applicant has provided a letter indicating how they are meeting the conditions for a special use for a cell antenna per the UDO standards. A co-location protocol was not done since the equipment is required to be on the building in order to provide the enhanced service. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed cell antenna will comply with all regulations of the “CBD” Central Business District and the UDO. The proposed cell antenna is only 10-12 feet above the height of the building and will be placed at the rear of the building and not be visible from E. Lincoln Highway. The applicant will be meeting the conditions for a special use for a cell antenna per the UDO standards, Article 7.08.08. 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. Page 2 of 4 The proposed special use will not have a detrimental effect on the adjacent properties or land uses. The site has been zoned commercial for decades and is in proximity to a variety of commercial uses. The cell antenna will only be 10-12 feet above the building and placed at the rear of the building away from E. Lincoln Highway and will not be injurious to the surrounding area. The building where the antenna will be placed is about 250 feet away from the nearest residential zoned property line. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The special use will not dominate the immediate area and will not prevent development on the neighboring properties. The surrounding area is already developed with a variety of commercial uses and some residential apartment units. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate public services are already provided to the subject site with some additional equipment being added in order to provide the proposed enhanced cell service. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. The proposed special use will not be detrimental to the permitted developments and uses on the site or to the surrounding area. Enhanced service to Sprint customers will be beneficial to the community and the proposed antenna will allow for better in-store customer service and increased sales and provide for additional revenue for the City. IV. CITIZEN RESPONSE/COMMENTS There have been no public comments submitted to the City prior to the posting of the agenda. Page 3 of 4 V. RECOMMENDATION Sample Motion: Based upon the submitted petition and testimony presented, I move that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit for a cellular antenna on top of the Walgreens at 100 W. Lincoln Highway per the plans dated 9-19-19 and attached as Exhibit A. Page 4 of 4 EXHIBIT A STORE NUMBER/CANDIDATE ID: WAG STORE 4042/CH90XS111 LATITUDE/LONGITUDE: 41.929840/-88.754949 ADDRESS: 100 W. LINCOLN HWY CITY, STATE, ZIP: PROJECT NO: ER600221 DEKALB, IL 60115 DRAWN BY: CHECKED BY: B. POTESTA C. RAMEY WAG STORE 4042 CH90XS111 100 W. LINCOLN HWY DEKALB, IL 60115 ROOF TOP SHEET TITLE TITLE SHEET N N SHEET NUMBER T-1 ã ã PROJECT NO: ER600221 DRAWN BY: B. POTESTA CHECKED BY: C. RAMEY WAG STORE 4042 CH90XS111 100 W. LINCOLN HWY DEKALB, IL 60115 ROOF TOP SHEET TITLE N OVERALL SITE PLAN SINGLE CARRIER SHEET NUMBER OVERALL ROOF PLAN SP-1.0 1 SCALE: 1" = 20'-0" (1" = 10'-0" ON 24"x36" SHEET) PROJECT NO: ER600221 DRAWN BY: B. POTESTA CHECKED BY: C. RAMEY MAST PIPE DETAIL 1 SCALE: NOT TO SCALE WAG STORE 4042 CH90XS111 100 W. LINCOLN HWY DEKALB, IL 60115 ROOF TOP SHEET TITLE ENLARGED SITE PLAN & CABLE ROUTING SHEET NUMBER PHOTO SIMULATION NOT USED SP-2.0 2 3 SCALE: N/A SCALE: N/A PROJECT NO: ER600221 DRAWN BY: B. POTESTA CHECKED BY: C. RAMEY WAG STORE 4042 CH90XS111 100 W. LINCOLN HWY DEKALB, IL 60115 ROOF TOP SHEET TITLE REFLECTED CEILING PLAN SHEET NUMBER SP-3.0 ” PROJECT NO: ER600221 DRAWN BY: B. POTESTA CHECKED BY: C. RAMEY WEST ELEVATION 1 SCALE: 1" = 10'-0" (1" = 5'-0" ON 24"x36" SHEET) ” WAG STORE 4042 CH90XS111 100 W. LINCOLN HWY DEKALB, IL 60115 ROOF TOP SHEET TITLE BUILDING ELEVATIONS SINGLE CARRIER SHEET NUMBER SOUTH ELEVATION EL-1.0 2 SCALE: 1" = 10'-0" (1" = 5'-0" ON 24"x36" SHEET) Rooftop Management email: Jenine.renaud@walgreens.com Cell: (314)922-6535 11/26/19 City of DeKalb 200 S. Fourth Street DeKalb, IL 60115 Re: Walgreens Rooftop Antenna Walgreens is partnering with Sprint to provide enhanced cellular connectivity in and around our store #4042 located at: 100 W. Lincoln Hwy, DeKalb, IL. Walgreens has selected a design with both an interior antenna and exterior antenna to enhance indoor and outdoor coverage. The exterior antenna will not extend more than 10ft above the highest point of the building, allowing minimum visibility from the street level while maintaining coverage objectives. Our operations personnel and customers look forward to receiving the enhanced cellular signals in and around our store. Sprint has engaged Mobilitie to design, secure appropriate permits and construct the rooftop facilities in accordance with Walgreens’ engineering standards and jurisdictional requirements. The technology Walgreens is deploying is infrastructure critical to our business operations. Enhancing our customers’ experience keeps us relevant in this competitive pharmacy retail space leading to an increase in revenue and tax dollars to the city. We appreciate the city’s partnership and support with our request. Below are responses to the UDO Section 7.08.08 requirements for a Special Use Permit for Antenna Facilities: 1. Points of Visual Interest shall be Protected After a review, there are no Public Open Spaces, natural Areas, or Landmark Structures. The proposed small cell antenna will have little to no visibility from ground level. 2. Methods for Protecting Points of Visual Interest After a review, there are no “points of visual interest” near the proposed small cell antenna. Additionally, there no residential structures within 250 feet of the proposed small cell antenna. The visual impact of the of the rooftop small cell antenna will have less visual impact than locating the antenna on any other structure in the area including a utility pole. 3. Color The neutral gray color of the antenna will blend with the surrounding buildings. The antenna can be painted to match brown / tan to match the color of the Walgreens structure if requested. 4. Height The height of the antenna is less than 15 feet above the building it is located on and well below the maximum building height allowed in the zoning district. 5. Setbacks (adjacent to residential uses) This antenna is not next to a residential property line. 6. Lighting No lighting is proposed. 7. Fencing and Security Because the antenna and associated equipment are located on the rooftop or in the ceiling of the Walgreens store, fencing is not practical or needed. 8. Landscaping and Screening Because the antenna and associated equipment are located on the rooftop or in the ceiling of the Walgreens store, landscaping is not practical or needed 9. Noise Our proposed small cell equipment will emit no noise. 10. Tower Design Our proposed ballasted sled is designed without guy wires or external supports. 11. Co-Location Protocol The nature of our installation precludes the need for the co-location protocol. The low power and small coverage area of the proposed small cell means that no other location would work for this installation. This installation has two antennas. The rooftop antenna is designed to cove the parking lot of the Walgreens with some coverage of the surrounding area. The interior antenna (located in the ceiling of the Walgreens) is to provide exceptional signal on the interior of the store. No other location will allow for the combination of indoor and outdoor coverage required by Sprint and Walgreens at this location. In the event you have further questions regarding this request, please reach out 314-922-6535. Respectfully, Jenine Renaud STAFF REPORT November 27, 2019 TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Final Plat of McCormick Resubdivision - Resubdivide three lots into two lots along Pebble Beach Ct. in the South Pointe Greens Unit Two Subdivision (Pebble Beach Ct.) (Charles McCormick) I. GENERAL INFORMATION A. Purpose Resubdivide Lots 72, 73 and 74 in South Pointe Greens Unit Two B. Owner/Applicant Brendan and Jill McCormick and Lee Hadick/Charles McCormick C. Location and Size Lots 72, 73 and 74 in South Pointe Greens Unit Two – Pebble Beach Ct./.67 acres II. BACKGROUND AND ANALYSIS The applicant, Charles McCormick, is requesting to resubdivide lots 72, 73 and 74 in the South Pointe Greens Unit Two Subdivision located along Pebble Beach Ct. from three lots to two lots. Lot 72 contains a single-family detached home and is owned by Brendan and Jill McCormick. Lots 73 and 74 are vacant and owned by Lee Hadick. The resubdivision involves adding about 35 feet from the north side of lot 73 to lot 72 and adding about 40 feet from south side of lot 73 to lot 74. The result of the resubdivision will be a new Lot 1 at 15,150 sq. ft. (.34 acres) and Lot 2 at 14,375 sq. ft. (.33 acres). The intent is for Brendan and Jill McCormick to purchase an additional 35 feet of lot 73, which will create the new lot 1. The applicant, Charles McCormick, will purchase the new lot 2 and construct a home. The existing 10-foot-wide easement between lots 72 and 73 will remain on the new lot 1 at the same location. The plat has been reviewed by staff and comments have been generated. The Commission’s review only pertains to the Plat, not any home. III. RECOMMENDATION Sample Motion: I move that the Planning and Zoning Commission recommend approval of the Final Plat of the McCormick Resubdivision dated 10-14-19 prepared by William Hanna Surveyors as shown on Exhibit A and per the comments as noted on Exhibit B. Page 2 of 3 Exhibit B 1. Remove the City Engineer’s Certificate from the Plat. 2. In the City Council certificate block, remove “Ruth A. Scott Deputy City Clerk” and replace with ‘Lynn Fazekas City Clerk” 3. The lines for the year should be changed from 200___ to 20___. 4. The water service line that is not going to be used should be discontinued at the water main per the City of DeKalb requirements. 5. The sanitary service line that won’t be used shall be suitably capped per the requirements of the Kishwaukee Water Reclamation District. Page 3 of 3 EXHIBIT A