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PLANNING AND ZONING COMMITTEE

MEETING MINUTES

April 28, 2010

The Planning and Zoning Committee of the DeKalb County Board met on April 28, 2010 at 7:00 p.m. in the Conference Room East located in the DeKalb County Administration Building.  In attendance were Committee Members Ken Andersen, Ruth Anne Tobias, Marlene Allen, John Hulseberg, Stephen Walt, and Pat Vary.  Also, in attendance were staff members Paul Miller and Rebecca Von Drasek.

Ken Andersen, Planning and Zoning Committee Chair, called the meeting to order, and noted that all members were present except Michael Haines and Larry Anderson.  He noted that the meeting was equipped to allow Mr. Haines and Mr. Anderson to attend via telephone.

Mr. Hulseberg moved to allow Mr. Haines or Mr. Anderson to attend via conference call, seconded by Ms. Tobias, and the motion carried unanimously.

APPROVAL OF AGENDA

Mr. Hulseberg and Mr. Ken Andersen both asked to address the Committee on separate issues.

Mr. Walt  moved to approve the agenda as amended, seconded by Ms. Vary, and the motion carried unanimously.

APPROVAL OF MINUTES

Ms. Tobias moved to approve the minutes of the March 24, 2010  meeting of the Planning and Zoning Committee, seconded by Ms. Vary, and the motion carried unanimously.

AMENDMENT TO SPECIAL USE PERMIT -- Vulcan Materials

Mr. Ken Andersen noted that staff has received a written request from the applicant to table the issue because the applicant wants to readdress the proposed conditions of approval from the Hearing Officer.  The additional testimony requires re-opening the public hearing.  Staff has arranged for the hearing to be re-opened on June 3, 2010.

Mr. Walt moved to table the agenda item, seconded by Mr. Hulseberg, and the motion carried unanimously.

DISCUSSION ITEM - Review of the Zoning Ordinance Parking Regulations

Mr. Ken Andersen explained that fellow County Board Member Julia Fauci had asked that the Committee review the parking regulations.  Mr. Andersen noted that the request was two-fold: 1).  it was prompted through discussions with recent applicants where the regulations have been applied; and 2).  it is an opportunity for the Committee to determine if the regulations should incorporate “green” alternatives to surface treatment and stormwater management into the parking requirements for projects within the County.

Mr. Miller responded that the parking regulations detailed in Article Six of the County Zoning Ordinance contain requirements for various land uses.  He explained that the Ordinance requires areas for vehicle circulation to be hard surfaced, either asphalt or concrete.  However, staff has the authority to waive this requirement when appropriate, and many uses within the agricultural district receive such waivers.  He also noted that every parking area is required to delineate parking spaces to promote efficient use of space and for the safety of visitors.  Mr. Miller observed that the County is often flexible in accepting concrete wheel-stops or railroad ties in the place of curbing. He explained  that along with the parking requirements are landscaping provisions to screen the parking lot appearance, and stormwater management measures intended to handle increase runoff and protect properties from flooding.  He noted that adding alternative materials options (i.e. permeable paving, etc.) to the parking requirements can be considered with a future amendment to the Ordinance.  He also observed that currently there are no prohibitions from using these methods.  Mr. Miller  noted that the parking requirements are not as stringent as municipal regulations, but that having some requirements is appropriate.  He concluded that these requirements make up the cost of doing business and observed that staff rarely receives complaints.

Mr. Hulseberg reiterated that Ms. Fauci was asking the Committee to find ways to encourage alternative parking solutions.

Ms. Vary noted that it would be nice to encourage impervious pavement and landscape swales.  She added that including alternatives options within the Ordinance might inform a property owner of these methods.  Mr. Miller responded that at the staff level this type of information is discussed. 

The Committee concluded by directing staff to research and determine what alternative parking options could be incorporated into future revisions of the Zoning Ordinance.

DISCUSSION ITEM - Hulseberg Comment

Mr. Hulseberg shared a word of thanks that he had received from a constituent regarding the friendly and professional service they had received from the Planning, Zoning and Building Department staff.

DISCUSSION ITEM - Ken Andersen Concern

Mr. Ken Andersen questioned the Committee Members’ opinions of the public hearing process.  Specifically, he wondered if the Committee Members found the Thursday afternoon hearings to be the best time for the public’s participation.  When asked, Mr. Miller responded that the process the County uses to conduct the public hearings has been very successful.  He highlighted that the County was fortunate to have committed professional Hearing Officers who offer their services at a reasonable rate for quality work, and that these individuals prefer to offer their services during normal working hours.  Mr. Miller then noted that Hearing Officer Ron Klein has previously stated that he would not be willing to do evening meetings.  He also observed that most hearings are quasi-legal proceedings, and court hearings always occur during the day.

Mr. Andersen agreed that the Hearing Officers due a good job.  He was concerned however that the public process was not as accessible to the public if held during business hours.  He observed that even board members have a difficult time attending hearings if they are scheduled during the day.  Mr. Miller offered that applicants for zoning actions rarely expressed problems with day-time hearings.  He added that concerned parties are given adequate notice to schedule for the hearings, and few seem to have a problem with the procedure.  Finally, he noted that evening meetings have been scheduled in the past for some projects, such as the wind farm.

Ms. Vary observed that many of the Special Use applications are not very controversial.

Mr. Andersen asserted that he likes to attend the public hearings so that he is aware of all the issues surrounding an application. Mr. Hulseberg noted that he would have liked to be in attendance for the Vulcan Public Hearing.  Staff informed the Committee that all public hearings are recorded and could be provided for their review.

Mr. Miller reiterated that the time of the public hearings is rarely a hardship on the applicants.  He also noted that some applicants hire consultants to attend on their behalf, including lawyers, and that evening meetings may add to the applicants’ expense.

Mr. Andersen explained that he wanted the Committee to discuss the process and review if the public could be better served.

Ms. Allen opined that staff was serving the public’s interest with the current hearing process.

Mr. Walt admitted he had some problems with the entire process.

Mr. Miller also explained that the Hearing Officers were appointed and their preference for hearing times may change in the future.

After further discussion, Mr. Andersen thanked the Committee for their thoughts on the issue.

MONTHLY REPORT

Mr. Ken Andersen confirmed that the Kishwaukee Hospital did not require a demolition permit to remove the old hospital.

Ms. Vary asked about the Tomkins application that had been on the April agenda.  Mr. Miller informed the Committee that staff had received correspondence withdrawing the Special Use application but asking that the Text Amendment be placed on a future Committee Agenda.

Mr. Andersen asked that Evergreen Village be added to the Monthly Report List.

ADJOURNMENT

The Planning and Zoning Committee is next scheduled to meet May 26, 2010 at 7:00 p.m. in the Conference Room East.

Ms. Vary moved to adjourn, seconded by Ms. Allen, and the motion carried unanimously.

Respectfully submitted,

Kenneth Andersen

Planning and Zoning Committee Chairman

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