Mr. Steimel, Chairman of the Planning and Regulations Committee, called the meeting to order. He noted that all Committee members were present with the exception of Mr. Simonson and Mrs. Dubin. He also noted that Planning and Zoning Director Paul Miller was away at a professional conference.

Mr. Anderson began by reporting that Louise Keding has filed a petition for a Use Variation, in accordance with the requirements of Section 10.01.F. of the DeKalb County Zoning Ordinance, for a vacant five-parcel. The subject property is located on the west side of Lucas Road, approximately 1,100 feet south of Rich Road, in Malta Township. The petition is to allow the construction of one single-family detached dwelling on an agriculturally zoned lot of record of less than 40 acres in size. The subject property is zoned A-1, Agricultural District.

A public hearing on the requested Use Variance was held by DeKalb County Hearing Officer Ron Klein on March 18, 2004. The petitioner’s presented evidence that the property pre-dated 1976 and that the price paid for the property at the time of purchase reflected the fact that it was a site where a house could be built. They noted that the subject property was one of several five-acre lots on the west side of Lucas Road, and that all of the other lots have been developed with houses. No members of the public spoke in favor of or in opposition to the request. The Hearing Officer has submitted his Findings and Recommendation and recommends approval of the request.

Ms. Vary asked why the documentation for this file indicated that the surrounding parcels had residences on them, yet looking at the site map, the houses do not appear. Mr. MacMurdo noted that the photo does not appear to match the reality of the parcels that he observed when he visited the site. Mr. Slack agreed that there was a fairly new house on the area noted as "Parcel 1". Ms. Vary noted that having one house already constructed strengthened the argument to allow building on the second site, but she was still concerned about allowing development on existing farmland.

Mr. MacMurdo asked about the testimony at the hearing that the price paid for the land in the 1970's was $1,500 per acre. He noted that after doing some research into other land purchases, he had questions about what the average price was for farmland in the area at that time. Mr. Steimel noted that it was his recollection that land went for approximately $1,000 per acre, with $1,500 reflecting a premium price being paid.

Ms. Vary asked if the $500 difference satisfied the requirement of having paid a "substantially" higher price for the land. Mr. Steimel commented that the property was parceled in 1971 and that was far before the community developed the current restriction on building on agricultural processes.

Mr. Anderson began by reporting that Northern FS Inc., the property owner, has filed an application for a Zoning Map Amendment and Special Use Permit for property located on the east side of Webster Road, north of State Rte. 38 and south of the Union Pacific Railroad line, in Cortland Township. The 18-acre site, consisting of four parcels, is currently zoned M-1, Manufacturing District, and contains Northern FS’s existing agricultural products operation. The proposal is to rezone the entire property to A-1, Agricultural District with a Special Use Permit to allow the operation as an agribusiness rather than manufacturing, and to accommodate a new petroleum bulk plant.

The required public hearing was conducted on March 18, 2004 by DeKalb County Hearing Officer Kevin Buick. At the hearing, the petitioner presented exhibits and testimony to the effect that the request is driven by a need to construct a new bulk petroleum plant on the subject property. The requested zoning of A-1, Agricultural District with a Special Use Permit for an agribusiness would more accurately represent the nature of the operation, which has been in place for approximately 30 years. Representatives from the City of DeKalb requested clarification that the proposed bulk petroleum plant would not exceed the 40-foot height restriction, and the petitioner confirmed that it would not. Further, the new plant would not be within the air easement on the property established for the adjacent airport. The Hearing Officer has forwarded his report, and recommends approval of the Zoning Map Amendment and Special Use with conditions.

Mr. Steimel commented that he was pleased to see agribusiness expansion and noted that there were likely EPA-encouraged changes occurring with this project. He further noted that the loading and unloading of the petroleum would take place within the building and therefore would contain any leaks or spills that might occur. Ms. Vary asked if the DeKalb Packing Company is a part of this petition. Mr. Steimel replied that it was not. Ms. Vary then asked if the area where the packing company resides would remain M-1 zoned. Mr. Anderson replied that was correct. Ms. Vary then commented that the petition stated that 80% of the Northern FS business was agribusiness. She wondered of what the other 20% consisted. Mr. Moffett, the FS representative, replied that there was fuel sold to excavators, LP gas for home heating and quarries that comprised the other 20%.

Mr. Anderson began by reporting that Gene and Larry Frieders, d.b.a. Ag-Tech Services Inc., have filed a petition for approval of a Special Use Permit to allow an agribusiness on property located on the south side of St. Rte. 34 and east side of Gletty Road in Sandwich Township. The subject property consists of two parcels comprising approximately 41 acres. The property is zoned A-1, Agricultural District.

The required public hearing was conducted on March 25, 2004 by DeKalb County Hearing Officer Ron Klein. The petitioners provided testimony and exhibits in support of the requested Special Use, including that the business, Ag-Tech, operates from the adjacent property to the north, and that the proposed agribusiness would allow use of two buildings currently on the subject property. The buildings would allow all of the materials associated with the business to be stored inside. The bulk of the subject property would remain in row crops. The plan would also accommodate a future road through the site that has been proposed by the City of Sandwich. Two members of the public spoke in favor of the petition and none in opposition. The Hearing Officer has submitted his findings, and recommends approval of the Special Use Permit with conditions.

Mr. Steimel asked to verify that the City of Sandwich had no objections. Mr. Anderson replied that was correct. Ms. Vary noted that the documentation varied between describing the parcel in question as 39 acres in some places and 41 acres in others. Mr. Frieders noted that the land was likely closer to 39 acres, but the surveys completed disagreed on the exact acreage.

Mr. MacMurdo noted that there was a potential for the land to be bisected by upcoming road work, so it did not seem inappropriate to allow this use.

Discussion ensued as to whether there were conditions attached to the Findings for this petition. Though no one could find the conditions referred to in the cover memo on the petition, the Committee opted to amend the motion to the following:

Mr. Steimel closed by noting that all three of the above petitions would be heard by the County Board at their Wednesday, May 19, 2004 meeting at 7:30 p.m.,