Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission October 9, 2019 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. August 7, 2019, and September 4, 2019 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – City of DeKalb initiated text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code in relation to adult-use cannabis. 2. Public Hearing – City of DeKalb initiated text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend Article 5.09 “CBD” Central Business District to make private parking lots and parking structures a permitted use. F. REPORTS G. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION August 7, 2019 The Planning and Zoning Commission held a Meeting on August 7, 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 Christine Wang called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, David Castro, and Ron Klein. Commissioners Max Maxwell and Jerry Wright were absent. City staff present were Principal Planner Dan Olson and Recording Secretary Christine Wang. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the August 7, 2019, agenda as presented. Ms. Barbe motioned to approve the agenda as presented. Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES July 3, 2019 – Mr. Castro motioned to approve the minutes, Mr. Klein seconded the motion, and the motion was approved by unanimous voice vote. July 17, 2019 – Ms. Buckley motioned to approve the minutes, Ms. Barbe 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 (continued from July 27, 2019 meeting) – Petition by 1704 Sycamore LLC, represented by Daniel Damaschke, for a rezoning from the ‘GC” General Commercial District to the “PD-C” Planned Development Commercial District for a 1.61 acre site to allow for a video gaming establishment. The petition also requests allowance of a video gaming establishment to be located within 500 feet of another video gaming establishment and to allow a Planned Development on less than two acres. Planning and Zoning Commission August 7, 2019 Page 2 of 2 Principal Planner Olson advised Commission members the applicant had withdrawn its petition and no further action was required. 2. Public Hearing – Petition by PNG Development LLC, represented by John Pappas, requesting a rezoning from the “LI” Light Industrial District to the “PD-C” Planned Development Commercial District for an approximate 2.9 acre site located along the east side of North 4th Street between Oak Street and Locust Street, commonly known as the Mooney property. The applicant is requesting approval of the rezoning in order to allow for the development of 94 apartment units and approximately 12,000 square feet of commercial space in a 4-story building to be called Agora Tower. Waivers to the Unified Development Ordinance are requested for maximum site coverage, off-street parking and other approvals as required for the subject property to allow for the construction as proposed and indicated on the development plans. Mr. Jeff Lewis, attorney with Klein, Stoddard, Buck and Lewis in Sycamore, introduced himself to the Commission as the representative for PNG Development LLC. He added that Mr. John Pappas, the manager of PNG Development LLC, was present to address any additional questions by the Commission. Mr. Lewis provided background on the property formerly known as the Mooney property and they will be requesting PD-C Planned Development Commercial zoning. He noted the intent is to raze the existing structure, construct a new 4-story building at the corner of 4th St. and E. Locust St. with residential units on the upper floors and commercial space on the ground level. He said there would be 94 total apartment units with half 1-bedroom units and the other half two-bedroom. He referenced the rendering of the proposed building and commented on its similarity to the Cornerstone project which has experienced success in leasing their residential and commercial space. Mr. Lewis provided members with information as to the anticipated type of tenants for the project, and the appropriateness of the facility within the neighborhood. Mr. Lewis advised members there was a marketing plan already in the works to bring in good commercial tenants to compliment the residential units. He described the benefits of the project for the City regarding removing an older building and noted prior attempts to make the current facility functional. He advised there were agreements with the necessary utility companies regarding the removal of utility poles and wires and cleaning up the environmental issues on-site. Mr. Lewis stated he believed the redevelopment of this property will be a nice compliment to the surrounding area. Principal Planner Olson referred to the staff report dated July 31, 2019 that was provided in the Commission’s packets. He commented on the modifications implemented as a result of the Commission’s and staff comments during the prior conceptual plan review, and how the project addressed and met numerous aspects of the City’s 2007 Downtown Revitalization Plan, the 2011 Downtown Design Guidelines, and the 2013 DeKalb City Center Plan. He noted the previous plan had shown two buildings in the middle of the site and know shows one building at Planning and Zoning Commission August 7, 2019 Page 3 of 2 the corner of N. 4th St and E. Locust St. Principal Planner Olson also reviewed the parking aspect of the project and the justification of a waiver for parking. He provided an overview of the environmental concerns on the property and remediation recommendations that were provided along with landscaping requirements and exceptions to the PD-C District Regulations. He continued with his review covering the Standards for Zoning Map Amendments along with Standards for Planned Developments per the UDO. He then completed his overview of the staff report by covering the public input provided so far. Chair Doe gave the public an opportunity to speak. There was none. Chair Doe closed the public hearing. Chair Doe asked if the Commissioners had any more questions or comments. Ms. Buckley advised she liked the new site layout as it flowed better than the previous one. She liked the incorporation of the 2-bedroom units and the demand for such a product had perhaps not yet been seen before. She stated the project would be a great addition to the downtown. Mr. Castro inquired as to the difference between the two companies, PNG Development and Pappas Development. Mr. Lewis advised the entities were two different companies, and that PNG Development had been formed to address the acquisition of the property for this project. He continued by stating Pappas Development is a separate company which was essentially hired by PNG Development as the contractor on the project. Mr. Castro inquired as to whether PNG Development would be the ultimate owner of the project and Mr. Lewis confirmed they would be. Mr. Castro proceeded in addressing Principal Planner Olson’s comments regarding the contamination on the property caused by a previous gas station and how the responsibility is assigned when the contaminated property is abandoned. Principal Planner Olson shared that while he was not aware of all the regulations from the State regarding contamination, he did state when gas tanks leak they are required to be replaced under State law. Mr. Castro commented on the situation wherein someone has to be responsible for cleaning up the contamination. Mr. Olson responded by stating the developer is proposing to clean it up and meet the ILEPA standards, which was part of the TIF funding approval. Mr. Castro addressed the issue of parking, stating he doesn’t believe there is a problem at the present time, but one may occur in the future. He commented that while looking at the maps there is a parking lot just north of the DeKalb Library that belongs to a Catholic church and he wondered if an agreement could be reached between the City and the church to allow people to use that parking lot for the future. Mr. Castro continued by referencing a current parking use agreement between a nearby funeral home and the DeKalb Library and suggested this could occur with this development. He then offered his thanks to Principal Planner Olson for the staff report explanation of the parking concerns noted by the Executive Director of the DeKalb Library. Mr. Castro noted he had a tour of the Cornerstone Planning and Zoning Commission August 7, 2019 Page 4 of 2 building with Mr. Pappas on July 26th and mentioned their resulting conversation regarding the business model and the idea of sustainability for the project. He shared his concern about the project and wants to ensure that 20 years from now the project continues to be successful. He shared that he was willing to take the risk to provide a yes vote for this project and was willing to address any opinions or comments from the members of the Commission. Chair Doe advised she felt she had a unique side that the other members didn’t have in light of her employment with NIU where she receives phone calls from individuals asking about apartment complexes to rent from. She offered her perspective on the developing pattern of young individuals who are not yet ready to invest in a home and who are not sure if they will be in the area for 3-5 years. She added they are interested in renting a higher-end apartment where multiple amenities are offered. She said the current market is supportive of the type of development proposed by the applicant. Mr. Klein advised members he would not be participating in any discussion as he and Mr. Lewis were partners in the same law office and did not want any appearance of impropriety or conflict of interest and therefore would be abstaining from voting on this item. Ms. Barbe mentioned she liked the new plan much better and was sad the green space between the buildings was gone but understands the compromises that are needed. She also shared she would like to see an outdoor restaurant with seating on the site and not just parking. She stated the proposed development would be an asset to the City. Ms. Buckley inquired about the project timeline. Mr. John Pappas responded by noting upon approval he would proceed with the EPA remediation items, raze the building by the end of 2019 and then start construction in the Spring of 2020. He said the estimated timeline would be a year and a half to two years from start to finish. Mr. Pappas then provided members with comments relating to some of the history of rental housing in the City and his perspective on what the future requirements are for sustainable properties. He said there is a trend to more one- and two- bedroom units instead of four to five-bedroom units. He noted the success of the Cornerstone project and mentioned the variety of backgrounds (e.g. singles, retirees, young professionals, grad students) of the residents. Ms. Buckley made a motion that, based upon the submitted petition and testimony presented, 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-C” Planned Development Commercial District, exceptions to the UDO regarding site coverage, landscaping and parking for a Planned Development and approval of a Planned Development Preliminary Planning and Zoning Commission August 7, 2019 Page 5 of 2 and Final Plan as listed in Exhibit A of the staff report for the subject site located along the east side of North 4th Street between Locust Street and Oak Street, with addresses of 204 North 4th Street and 420 Oak Street subject to the standards listed in Exhibit B of the staff report and subject to the staff comments listed in Exhibit C of the staff report. Seconded by Ms. Barbe. A roll call vote was taken. Ms. Buckley – yes, Mr. Castro – yes, Mr. Klein – abstain, Ms. Barbe – yes, Chair Doe – yes. Motion passes 4-0-2 with one abstention. Mr. Maxwell and Mr. Wright were absent. 3. Public Hearing – Petition by Mobilitie, represented by Mark O’Brien, for a special use permit for a 10-foot tall cell antenna to be located on top of the building at 100 West Lincoln Highway (Walgreens) Principal Planner Olson advised members that since the agenda had been posted, the applicant had requested the hearing be continued. He said the applicant is evaluating the design of the cell antenna and would like more time and may be revising the drawings. He requested a motion from the Commission to continue the hearing to Wednesday, September 4th, at 6:00 PM. in the City Council Chambers. Mr. Klein made a motion to continue the hearing to Wednesday, September 4, 2019 at 6:00 PM in the City Council Chambers as requested. Seconded by Mr. Castro. Motion passed with a unanimous voice vote. F. REPORTS Principal Planner Olson mentioned the next Planning and Zoning Commission meeting is scheduled for Wednesday, August 21st, however no hearings are scheduled. He advised members the meeting would likely be cancelled, with a notice being sent to members the week before. He said at the July 22nd City Council meeting, the Council approved the Park 88 amendments previously reviewed by the Commission. Mr. Olson also advised members this was the last meeting for Recording Secretary Christine Wang as she is moving on to law school. He offered his thanks for her efforts, provided her with a card and an emblem from the City and wished her the best. Chair Doe also thanked Ms. Wang for all her efforts and commented on the great job she had done taking the minutes for the Commission. G. ADJOURNMENT Ms. Buckley motioned to adjourn, Ms. Barbe seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 6:49 PM. Planning and Zoning Commission August 7, 2019 Page 6 of 2 Respectfully Submitted, Dan Olson, Principal Planner Minutes were approved by the Planning and Zoning Commission on October 9, 2019.  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION September 4, 2019 The Planning and Zoning Commission held a Meeting on September 4, 2019, at the City of DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:07 PM. A. ROLL CALL Principal Planner Dan Olson called the roll. Planning and Zoning Commission members present were: Chair Christina Doe, Katharina Barbe, David Castro, Ron Klein, and Max Maxwell. Commissioners Vicki Buckley and Jerry Wright were absent. Principal Planner Dan Olson was present representing City staff. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Doe requested a motion to approve the September 4, 2019, agenda as presented. Ms. Barbe motioned to approve the agenda as presented. Mr. Klein seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES Mr. Olson noted the August 7, 2019 minutes were not yet available. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Continued Public Hearing – Petition by Mobilitie, represented by Mark O’Brien, for a special use permit for a 10-foot tall cell antenna to be located on top of the building at 100 West Lincoln Highway (Walgreens). Principal Planner Olson advised Commissioners the continued hearing for 100 West Lincoln Highway had been withdrawn by the applicant. He noted the petitioner had discussions with Walgreen’s regarding a change in the location of the antenna and they have not provided direction at this time. He said the petitioner may re-apply in the future. 2. Public Hearing – Petition by Corral Dyn, LLC, represented by Marvin Keys, requesting an amendment to the Annexation Agreement and amendment represented by Ordinances 2016-007 and 2016-039 to remove the maximum Planning and Zoning Commission September 4, 2019 Page 2 of 5 square footage allowed for "Professional Service Offices" in the ordinances and to add "armed services recruiting stations" to the list of uses allowed under Professional Service Offices for 2061, 2112, 2115 and 2121 Sycamore Road. Mr. Marvin Keys introduced himself to the Commission and advised he was representing Corral Dyn, LLC. He provided background on the petition, including historical information relating to the maximum square footage allowed for non-retail uses in the development. He commented on the prior petition which modified the restrictions to increase the amount of space that could be devoted to non-retail uses to 53%. He noted this allowed for Aspen Dental and ATI Physical Therapy to occupy their spaces. Mr. Keys provided information regarding challenges faced by commercial strip centers today with the reduction of potential retail clients and the increase of service-oriented users. He advised the Commission that an armed services recruiting station has indicated interest in the middle space in the north building (next to ATI). He further commented on the petitioners’ request to remove the maximum square footage allowed for “Professional Service Offices” to allow Corral Dyn, LLC to market to more potential clients. Principal Planner Olson went through the staff report dated August 30, 2019 and commented on the history of the development in terms of annexation and zoning for the two buildings located at 2016, 2112, 2115 and 2121 Sycamore Road. He reviewed the provisions of Ordinance 2016-007, including the professional service office limitation of no more than 33% of the total square footage of both buildings. He mentioned this restriction was approved to ensure the development of the property would generate sales tax income for the City. Mr. Olson added the 33% professional service office maximum square footage amount was fully utilized by the Aspen Dental facility in the 2016 Sycamore Road building. He said Ordinance 2016-007 was later amended by Ordinance 2016-039 and increased the maximum amount of professional service office space from 33% to 53%, which accommodated the addition of ATI Physical Therapy (2121 Sycamore Road). Principal Planner Olson advised Commissioners there was 5,415 square feet unoccupied in the northerly building and the petitioner is seeking to provide a 2,900 square foot tenant space for an armed services recruiting station (2115 Sycamore Road). He continued his comments by stating the petitioner had been trying to market the space to retailers with no success. He further stated staff was recommending approval to remove the maximum square footage percentage for professional service offices requirement, so the petitioner doesn’t have to return at a later date for another amendment. Mr. Olson provided an overview of the site location for the Commissioners and commented on the benefit this amendment will provide for all retailers in the area with the increased foot traffic. Planning and Zoning Commission September 4, 2019 Page 3 of 5 Chair Doe opened up the hearing to public comment. There were no comments from the public, so she turned to the Commission for any questions. Mr. Klein commented he was familiar with the property having represented the prior owner and stated it was an improvement over what had initially been on the site. He stated he was in favor of the petition as it will allow an empty tenant space to be filled. He added he felt the recruiting station would not be a disadvantage at the location. Mr. Maxwell commented he supported the petitioner’s efforts in getting the vacant space filled with the armed services facility and hoped they would find someone else to fill the other empty space. He also acknowledged the challenge of finding retail businesses in the current market. Mr. Castro agreed the retail market landscape had changed dramatically, and Dekalb was no exception. He touched on the City’s motivation with regard to tax revenue and retail-versus-services, and said the City was not an exception in trying to seek a different revenue model to account for the changes happening in retail. He commented he had no problem with adding “Armed Services Recruiting Stations” but wanted to make sure this use was not explicitly excluded from the what the zoning requirements currently contain. Mr. Olson responded by advising the Ordinance stated professional service uses were permitted and it gave some examples, but it wasn’t clear if “Armed Services Recruiting Stations” was a similar enough use. Chair Doe referred to Mr. Key’s earlier comments about a use such as hair salons and asked if that service would be permitted. Principal Planner Olson responded that was a good point and stated what services were listed in the Ordinance but noted a hair salon was not listed. Discussion took place between the Commission as to what other types of service uses could be included. Chair Doe addressed Mr. Keys and asked if there were other service uses he would like the Commission to consider. Mr. Keys said it would be difficult to state exactly what other types of services should be considered but agreed an expanded list of uses would be beneficial. Principal Planner Olson stated there was language in the Unified Development Ordinance that could be used and provided a suggestion to the motion language which would address the issue. Mr. Maxwell asked Mr. Keys if there were any specific types of businesses which had approached his firm about leasing space at this location. Mr. Keys responded by advising discussions had been held within the last six months with businesses such as a hair cutting service and also a cell phone store who also wanted to install an 80-foot antennae. Mr. Maxwell advised he was looking for a suggestion from Mr. Keys as to any other ways to broaden the allowed uses. Mr. Keys responded he felt the addition of other “service facilities” would more than cover any potential tenants. Planning and Zoning Commission September 4, 2019 Page 4 of 5 Chair Doe gave the public one more opportunity to speak. There was none. Chair Doe asked if the Commissioners had any more questions or comments. Ms. Barbe requested clarification on the motion language. Mr. Olson provided information on how to include “service facilities” into the motion. Ms. Barbe made a motion that the Planning and Zoning Commission recommend to the City Council approval of an amendment to the Annexation Agreement and amendment represented by Ordinance 2016-007 and 2016-039 to remove the maximum square footage allowed for “Professional Service Offices” in the Ordinances and to add “armed services recruiting stations” and “other service facilities” as stated in the UDO to the list of uses allowed under Professional Service Offices for the property located at 2061, 2112 and 2115 and 2121 Sycamore Road. Motion was seconded by Mr. Castro. A roll call vote was taken. Ms. Barbe – yes, Mr. Castro – yes, Mr. Klein – yes, Mr. Maxwell – yes, Chair Doe – yes. Motion passes 5-0-2. Ms. Buckley and Mr. Wright were absent. F. REPORTS Principal Planner Olson advised the next Planning and Zoning Commission meeting would be Wednesday, September 18th, however no hearings had been scheduled yet. He noted at the upcoming City Council meeting on September 9th, the second reading for the Agora Tower (Mooney property) project will be up for consideration. Mr. Olson informed members the updated Zoning and Developments sheet (as of August 27, 2019) had been placed before them on the dais. He then advised members that tonight’s meeting was Katarina Barbe’s last. Principal Planner Olson thanked Ms. Barbe for her service to the Commission and staff had appreciated her support. Chair Doe also provided her thanks and note of appreciation for Ms. Barbe’s services to the Commission and wished her well in the future. G. ADJOURNMENT Ms. Barbe motioned to adjourn, Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 6:28 PM. Respectfully Submitted, Dan Olson, Principal Planner Minutes were approved by the Planning and Zoning Commission on October 9, 2019.  City of DeKalb Planning and Zoning Commission Staff Report DATE: October 4, 2019 TO: Planning and Zoning Commission Members FROM: Dan Olson, Principal Planner SUBJECT: Text Amendments to the Unified Development Ordinance - Adult Use Cannabis GENERAL INFORMATION: On June 25, 2019 Governor Pritzker signed Public Act 101-0027, the Cannabis Regulation and Tax Act (Act), which legalized the private consumption and possession of cannabis for Illinois residents over 21 years of age. The law takes effect on January 1, 2020. On August 12th and September 9th, the City Council discussed the adult use of cannabis in DeKalb in light of the recent legislation. From the discussion, the Council was in favor of allowing recreational cannabis dispensaries in the City and modifying the current regulations for medical cannabis to encourage such facilities. The focus of the discussions involved the regulatory framework for the sale of recreational cannabis including what zoning districts would they be allowed in, the maximum number of dispensaries, setbacks to schools and residential areas and public health and safety factors. The proposed changes discussed require amendments to the Unified Development Ordinance (UDO), which currently has regulations for medical cannabis dispensaries and cultivation centers. Based upon the requirements in the Act and direction from the City Council, staff prepared text amendments to the UDO and published a public hearing notice for the Planning and Zoning Commission’s October 9th meeting. REVIEW AND ANALYSIS: The Act preserves local zoning authority and directly authorizes municipalities to prohibit (opt out) or significantly limit the location of cannabis businesses by Ordinance. Municipalities have the authority to enact reasonable zoning regulations that are not in conflict with the Act. The Act allows for some local control, but also imposes certain restrictions. For example, no cannabis business may advertise within 1,000 feet of school grounds, playgrounds, recreation centers, child-care centers, public parks and libraries, or game arcades where minors (under 21) are allowed. A municipality may not ban a pre-existing medical cannabis dispensary from obtaining a recreational cannabis license. However, a municipality may prohibit or significantly limit the location of cannabis businesses. In addition, it may allow certain cannabis establishments (e.g. dispensaries) and prohibit others (e.g. cultivators, infusers). Cannabis businesses would be subject to the zoning regulations of a particular district (e.g. setbacks, off-street parking, etc.). The licensing of cannabis businesses is the exclusive domain of the State of Illinois (Department of Agriculture and the Department of Financial and Professional Regulation). The state Act authorizes up to 500 dispensary licenses across the state and allows them to operate from 6:00 a.m. to 10:00 p.m. Municipalities may regulate or ban consumption on the premises of a recreational cannabis establishment. Six types of cannabis businesses are regulated by the Act: • Craft Grower. Such facilities cultivate, dry, cure and package cannabis for sale at a dispensary. The grower is typically restricted to 5,000 square feet of enclosed space, but a maximum of 14,000 square feet is permissible if authorized by the Department of Agriculture. A craft grower may share premises with a processor or dispensary. • Cultivation Center. Such facilities cultivate, process and transport cannabis and cannabis-infused products to dispensaries. • Dispensary. A facility that sells cannabis and cannabis-infused products, cannabis seeds, and paraphernalia to the general public and qualified medical cannabis patients. • Infuser. A facility that directly incorporates cannabis or cannabis concentrate into a product (e.g. edibles and tinctures). • Processor. A facility that extracts constituent chemicals or compounds to produce cannabis concentrate or incorporates cannabis or cannabis concentrate into a product. • Transporter. Transports cannabis on behalf of a legal cannabis business establishment. At this time, the City Council has decided to only address medical and recreational dispensaries and would consider the other types of cannabis businesses in the future. This will allow the City to gather experiences from other communities pursuing these types of establishments within their corporate limits. Some communities are permitting dispensaries in general commercial zones and not neighborhood commercial zones, and establishing distances from residential Page |2 zoning, schools, and day-care centers that mirror the same restrictions the City has on medical dispensaries. The current UDO setback regulations for medical cannabis dispensaries is 1,000 feet, which eliminates the majority of commercial areas in the City. Attached are City maps showing the potential impact of “clear zones” of 100 feet, 250 feet, 500 feet and 1,000 feet for the Commission’s review. After discussions at the Council level, it was recommended that a setback of 250 feet be established to schools, day care centers, pre-schools and residential zoned areas that contain dwelling units. It is also suggested that the 250-foot setback be established to any academic building or residence hall at NIU. A reduction in the setback from 1,000 feet to 250 feet will open up most of the existing “LC” and “GC” zoned properties along the City’s commercial corridors including Sycamore Road, W. Lincoln Highway and E. Lincoln Highway. Cannabis establishments will not be allowed in the “CBD” Central Business District. Currently the UDO allows medical cannabis dispensaries and cultivation centers as a special use in the “LI” Light Industrial and “HI” Heavy Industrial Districts. The proposal is to have medical and recreational cannabis dispensaries as a special use in the “LC”, “GC” and “LI” Districts. In 2015, the City Council amended the City’s UDO to permit the sale of medical cannabis under very restrictive guidelines. These provisions were included in Section 7.18 of the UDO. The key points in the current DeKalb regulations for a medical cannabis dispensary are listed below: 1. Applicants are required to have a pre-application meeting with City staff, and then submit a plat of survey, site plan, engineering plan, architectural floor plans and elevations, building material samples, a lighting plan, signage plan, business and operational plan, and a security plan. 2. Dispensaries are not a permitted use in any zoning district; they are a special use in light industrial and heavy industrial zoning districts only. 3. Dispensaries cannot be within 1,000 feet of any public or private pre- school or school; day care, or any property zoned for residential use. If applied, the only locations that would be legal would be (a) at the southernmost edge of the City, near Park 88 or the Chicago West Business Park; or (b) along portions of Harvestore Drive. 4. Dispensaries cannot be within 2,500 feet of any other cannabis dispensary. 5. Dispensaries must be the sole use on a lot or the single occupant of a building. They are not permitted in multi-tenant spaces or strip centers. 6. Parking areas must be well-lit and under camera surveillance. 7. Other than the words “cannabis” or “marijuana,” there are severe sign restrictions as to imagery. Page |3  8. Hours of operation are limited to 9:00 a.m. to 9:00 p.m. 9. No drive-through is permitted. 10. The security plan must be approved by the Chief of Police. 11. Deliveries of product must occur within a secure, enclosed delivery bay with no delivery visible from the outside. Based upon discussions with the Council in August and September, the following is a summary of the proposed amendments: 1. The term “Cannabis Business Establishment” is created and covers both medical and recreational cannabis dispensaries. 2. Cannabis Business Establishments are proposed to be a special use in the “LC” Light Commercial, “GC” General Commercial and “LI” Light Industrial Zoning Districts. It was initially discussed with the Council that dispensaries would be a permitted use in the “LC” and “GC” Districts, however the State legislation only allows time/place/manner restrictions for cannabis uses so long as they are special uses. 3. Establishes a 250-foot setback to schools, day care centers, nursery schools, pre-schools and academic buildings or residence halls at NIU. It also establishes a 250-foot setback to residential zoned property that contains dwelling units. A minimum separation of 1,500 feet between cannabis dispensaries is established, per the Act. 4. Removes the requirement that dispensaries must be in stand-alone buildings and will now allow in multi-tenant commercial buildings. 5. Allows signage as for any commercial use. 6. Maintains the current language that no drive-through dispensaries are allowed. 7. Smoking within a dispensary will not be allowed. 8. Deliveries of product may occur as with any commercial establishment. 9. A limit of five dispensaries is proposed. The State law has an overall limit of 500 dispensaries statewide so it is unlikely the City would be able to have more than five. The Illinois Dept. of Financial and Professional Regulations announced on October 1, 2019 that applications for adult use cannabis dispensing organizations will be accepted starting December 10, 2019 through January 2, 2020. A total of 75 licenses dispensing organizations will be issued statewide by May 1, 2020. The area where DeKalb County is Page |4  located (10 counties in North Central and Northwest Illinois) will get 3 licenses (see attached map). 10. The State Act has an operation limitation of 6:00 AM to 10:00 PM for dispensaries and the City cannot be less restrictive. 11. The State Act regulates the placement of cannabis related advertising within 1,000 feet of several sensitive uses (e.g. schools, parks), so language was added to cover that item. 12. Public health and safety standards including camera surveillance were maintained from the current regulations for medical cannabis and extended to cover recreational cannabis dispensaries. 13. Adult-Use Cannabis Craft Gower, Cultivation Center, Infuser, Processor, Transporter and Medical Cannabis Cultivation Centers will be prohibited. RECOMMENDATION: Sample Motion: Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council approval of text amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code in relation to the adult- use of cannabis as shown on the attached Exhibit A. Page |5 LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Wednesday, October 9, 2019 at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on City of DeKalb initiated text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend the following articles of the UDO: Articles 5.07 and 5.08 to add “Cannabis Business Establishment” as a special use in the “LC” Light Commercial District and the “GC” General Commercial District; Article 5.11 by removing “Medical Cannabis Cultivations Centers” and “Medical Cannabis Dispensary” as a special use in the “LI” Light Industrial District and adding “Cannabis Business Establishment” as a special use in the “LI” District; Article 5.12 by removing “Medical Cannabis Cultivation Centers” and “Medical Cannabis Dispensary” as special uses in the “HI” Heavy Industrial District; and Article 7.18 by renaming the Article from “Medical Cannabis” to “Cannabis Business Establishment” and amending the regulations related to the definitions, permitted zoning districts, setback/separation requirements, establishing a maximum number of cannabis business establishments, prohibiting adult-use cannabis craft growers, cultivation centers, infuser organizations, processing organizations, transporting organizations and medical cannabis cultivation centers. Amendments to Article 7.18 are also proposed for exterior display, signage and advertising, hours of operation, age requirements, public health and safety standards and any related amendments deemed necessary pursuant to public hearing and review. An amendment to the UDO is also requested to Article 5.09 “CBD” Central Business District to make private parking lots and parking structures a permitted use. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. by Wednesday, October 2, 2019. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings Christina Doe, Chairperson DeKalb Planning and Zoning Commission  Allowed Areas for Cannabis - 1000' Buffer R D V ILLE TON CO L GLIDDEN RD RICH RD LB AV ST DEKA E BETHANY RD 1S BETHANY RD T BETHANY RD W BETHANY RD PEACE RD RE RD N SYCA MO N ANNIE GLIDDEN RD W DRESSER RD BAR BER JOHN HUBER PKWY TWOMBLY RD G RE ENE RD NORMAL RD T N 1ST ST TS RD AN CE EAS PL PEA N 14TH ST N N 4TH ST N 7TH ST LUCINDA AV PLEASANT ST W LINCOLN HWY STATE ST UNION PACIFIC RAILROAD EL I NC OL UNION NH PACIF WY IC RAILR OAD SOUTH MALTA RD W TAYLOR ST E TAYLOR ST STAT E RT E 38 S 7TH ST S ANNIE GLIDDEN RD S PEACE RD S 4TH ST FAIRVIEW DR E FAIRVIEW DR FAIRVIEW DR I88 WES T BO UND I88 EASTBOUND DR HARVESTORE PEACE RD OAD AIL GURLER RD ST R ST CREGO RD PA STATE RTE 23 CI F S1 IC R Allowed Area for Cannabis, 1000 ft Buffer ION UN Airport Buildings and Runways Corporate Limits KESLINGER RD File: \Community Development\Tobacco and Med Cannabis buffers.mxd Created: 2/16/2017 DJE Last Updated: 7/8/2019 DJE 0 0.25 0.5 1 1.5 2 I Miles  Allowed Areas for Cannabis - 500' Buffer R D V ILLE TON CO L GLIDDEN RD RICH RD LB AV ST DEKA E BETHANY RD 1S BETHANY RD T BETHANY RD W BETHANY RD PEACE RD RE RD N SYCA MO N ANNIE GLIDDEN RD W DRESSER RD BAR BER JOHN HUBER PKWY TWOMBLY RD G RE ENE RD NORMAL RD T N 1ST ST TS RD AN CE EAS PL PEA N 14TH ST N N 4TH ST N 7TH ST LUCINDA AV PLEASANT ST W LINCOLN HWY STATE ST UNION PACIFIC RAILROAD EL I NC OL UNION NH PACIF WY IC RAILR OAD SOUTH MALTA RD W TAYLOR ST E TAYLOR ST STAT E RT E 38 S 7TH ST S ANNIE GLIDDEN RD S PEACE RD S 4TH ST FAIRVIEW DR E FAIRVIEW DR FAIRVIEW DR I88 WES T BO UND I88 EASTBOUND DR HARVESTORE PEACE RD OAD AIL GURLER RD ST R ST CREGO RD PA STATE RTE 23 CI F S1 IC R Allowed Area for Cannabis, 500 ft Buffer ION UN Airport Buildings and Runways Corporate Limits KESLINGER RD File: \Community Development\Tobacco and Med Cannabis buffers.mxd Created: 2/16/2017 DJE Last Updated: 7/8/2019 DJE 0 0.25 0.5 1 1.5 2 I Miles  Allowed Areas for Cannabis - 200' Buffer R D V ILLE TON CO L GLIDDEN RD RICH RD LB AV ST DEKA E BETHANY RD 1S BETHANY RD T BETHANY RD W BETHANY RD PEACE RD RE RD N SYCA MO N ANNIE GLIDDEN RD W DRESSER RD BAR BER JOHN HUBER PKWY TWOMBLY RD G RE ENE RD NORMAL RD T N 1ST ST TS RD AN CE EAS PL PEA N 14TH ST N N 4TH ST N 7TH ST LUCINDA AV PLEASANT ST W LINCOLN HWY STATE ST UNION PACIFIC RAILROAD EL I NC OL UNION NH PACIF WY IC RAILR OAD SOUTH MALTA RD W TAYLOR ST E TAYLOR ST STAT E RT E 38 S 7TH ST S ANNIE GLIDDEN RD S PEACE RD S 4TH ST FAIRVIEW DR E FAIRVIEW DR FAIRVIEW DR I88 WES T BO UND I88 EASTBOUND DR HARVESTORE PEACE RD OAD AIL GURLER RD ST R ST CREGO RD PA STATE RTE 23 CI F S1 IC R Allowed Area for Cannabis, 200 ft Buffer ION UN Airport Buildings and Runways Corporate Limits KESLINGER RD File: \Community Development\Tobacco and Med Cannabis buffers.mxd Created: 2/16/2017 DJE Last Updated: 7/8/2019 DJE 0 0.25 0.5 1 1.5 2 I Miles  Allowed Areas for Cannabis - 100' Buffer R D V ILLE TON CO L GLIDDEN RD RICH RD LB AV ST DEKA E BETHANY RD 1S BETHANY RD T BETHANY RD W BETHANY RD PEACE RD RE RD N SYCA MO N ANNIE GLIDDEN RD W DRESSER RD BAR BER JOHN HUBER PKWY TWOMBLY RD G RE ENE RD NORMAL RD T N 1ST ST TS RD AN CE EAS PL PEA N 14TH ST N N 4TH ST N 7TH ST LUCINDA AV PLEASANT ST W LINCOLN HWY STATE ST UNION PACIFIC RAILROAD EL I NC OL UNION NH PACIF WY IC RAILR OAD SOUTH MALTA RD W TAYLOR ST E TAYLOR ST STAT E RT E 38 S 7TH ST S ANNIE GLIDDEN RD S PEACE RD S 4TH ST FAIRVIEW DR E FAIRVIEW DR FAIRVIEW DR I88 WES T BO UND I88 EASTBOUND DR HARVESTORE PEACE RD OAD AIL GURLER RD ST R ST CREGO RD PA STATE RTE 23 CI F S1 IC R Allowed Area for Cannabis, 100 ft Buffer ION UN Airport Buildings and Runways Corporate Limits KESLINGER RD File: \Community Development\Tobacco and Med Cannabis buffers.mxd Created: 2/16/2017 DJE Last Updated: 7/8/2019 DJE 0 0.25 0.5 1 1.5 2 I Miles www.facebook.com/ILDFPR www.idfpr.com http://twitter.com/#!/IDFPR EXHIBIT A  City of DeKalb Planning and Zoning Commission Staff Report DATE: October 4, 2019 TO: Planning and Zoning Commission Members FROM: Dan Olson, Principal Planner SUBJECT: Text Amendments to the Unified Development Ordinance – Private Parking Lots and Structures – CBD District BACKGROUND AND ANALYSIS: Proposed is an amendment to the UDO to add private parking lots and structures when used as a principal use to the list of permitted use in the “CBD” Central Business District. Currently public parking lots and structures are a permitted use in the CBD, if owned by the City. Recently the City sold the lot at the southeast corner of E. Locust St. and N. 1st St. to Plaza DeKalb LLC, represented by John Pappas, to accommodate parking for the residents of Plaza DeKalb. A parking layout plan for the site indicates that about 24 spaces can be accommodated. A review of the UDO finds parking lots listed as follows: • Parking lots as a principal use are listed as a special use in the “NC” Neighborhood Commercial District and “LC” Light Commercial District. • Parking lots and structures as a principal use are listed as a special use in the “GC” General Commercial District and “ORI” Office, Research, and Light Industrial District. • Parking lots as a principal use are listed as a permitted use in the “LI” Light Industrial District and “HI” Heavy Industrial District. • “Parking lots, as a principal use, when located within 300 feet of the use being served, are listed as a special use in the “SFR-2” Single Family Residential, “TFR” Two—Family Residential, “MFR-1” Multi-Family Residential, “MFR-2” Multi-Family Residential and “RC-1” Residential Conservation Districts. Parking in the downtown area is provided by City owned on and off-street parking areas, since sites in the CBD District are not required to provide their own off- street parking spaces. In the Cornerstone development agreement, a 40-space private parking lot behind the building was approved. It seems appropriate to allow a downtown property owner to provide their own private parking areas to supplement the parking provided in the City owned lots. It is recommended the CBD District be amended to add as a permitted use “private parking lots and structures, as a principal use, when located within 300 feet of the use being served.” The proposed parking lot at the southeast corner of E. Locust St. and N. 1st St. is within 300 feet of the Plaza DeKalb project. RECOMMENDATION: Sample Motion: Based on the submitted petition and testimony presented, I move that the Planning and Zoning Commission recommend to the City Council approval of a text amendment to Article 5.09.02 of the UDO to add “private parking lots and structures, as a principal use, when located within 300 feet of the use being served” as a permitted use in the CBD Central Business District as shown on the attached Exhibit A. Page |2  EXHIBIT A 5.09 “CBD” Central Business District (2006-011) 5.09.01 Purpose and Intent This section contains the district regulations for the “CBD” Central Business District. These regulations are supplemented and qualified by additional general regulations elsewhere in this Ordinance which are incorporated as a part of this section by reference. The “CBD” Central Business District is designed to accommodate those retail and office uses which are characteristic of the downtown commercial core of the City of DeKalb. 5.09.02 Permitted Land Uses and Developments in the “CBD” Central Business District The following land uses and developments are permitted in this district: Any use permitted in the “LC” Light Commercial District, except those uses that may be modified herein; Accessory uses; Amusement establishments, but limited to bowling alleys, indoor skating rinks, swimming pools and other non-gambling machines or table games; Bed and Breakfasts; Banquet halls; Bars, taverns, and package liquor stores; Body Art Establishments Dwelling units when located above the ground floor, with an allowed commercial use on the ground floor, and when located on lots having an area not less than 1,500 square feet per dwelling unit; Hotels and motels; Laboratories, medical, dental, research, and technical; Micro-Distillery; Newspaper offices; Private Pparking lots and parking structures, as a principal use, when located within three hundred (300) feet of the use being served.; Public parking lots and parking structures, as a principal use, if owned or operated by the City of DeKalb; Printing and publishing establishments; Restaurants; Restaurants (fast-food), but not including drive-through facilities; Union halls, hiring halls, and trade association offices/meeting rooms. NOTE: Any of the above permitted land uses and developments which include drive-through facilities are considered “Special Land Uses and Developments” (see Subsection 5.09.03). 5.09.03 Special Land Uses and Developments in the “CBD” Central Business District The following land uses and developments may be permitted under conditions and requirements specified in Article 14, “Permits”: All permitted on special land uses and developments which include drive-through facilities; New Automobile, truck and recreational vehicle sales, with vehicle repair and service facilities, rentals, or used car sales as an accessory use only; Bus and train stations/terminals; Dwelling units when located above the ground floor, with an allowed commercial use on the ground floor, and when located on lots having an area less than 1,500 square feet per dwelling unit; Outdoor Patios Public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be: adequately screened with landscaping, fencing or walls, or any combination thereof, or placed underground, or enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted as part of the special use permit application. Retail Tobacco Stores (see Article 7.17 regulations). 5.09.04 Prohibited Uses in the “CBD” Central Business District Pawn Shop, Cash Store, Title Loan Store, or any other use which loans money on deposit of personal property or deals in the purchase or possession of personal property on the condition of selling the same back to the depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property. This provision shall not be interpreted to prohibit banks, savings & loans or credit unions which are insured by the FDIC and which offer full service deposit, investment, and loan services; Rooming Houses and/or Lodging Houses; Cemeteries and Mausoleums; Community Residences; Outdoor storage of any type as a principal use; Car washes; Gasoline Stations or any other establishments selling motor fuel on the premises; Vehicle Repair and/or Service Facilities; Sewage Treatment Facilities;  Firearm Retailers / Firearm Dealers; and Medical cannabis dispensary. 5.09.05 Density and Dimensional Regulations for the “CBD” Central Business District 1. Minimum Lot Area: Except as required for residential dwellings, no minimum lot area is established for permitted and special land uses in the CBD District. 2. Building Setback Requirements: Except as provided for in Article 7, “Supplementary District Regulations,” the following setback requirements apply to buildings in the CBD District. a. Front Yard: No building setback is required from a front lot line or street right-of-way line; however, no building shall be set back further than the average of the buildings on either side. If only one adjacent building exists, the new building shall match the existing building. b. Side Yard: No building setback is required from a side lot, except for a lot which abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within twenty (20) feet of the side lot line. See Article 7, “Supplementary District Regulations,” for screening requirements. c. Rear Yard: No building setback is required from a rear lot line, except for a lot which abuts a residence district or upon an alley separating this lot from a residence district. Under these circumstances, no principal building shall be allowed within twenty (20) feet of the rear lot line. See Article 7, “Supplementary District Regulations,” for screening requirements. 3. Maximum Site Coverage: There is no limitation on site coverage in the CBD District. 4. Building Height Limitations: No building shall exceed six (6) stories or ninety (90) feet in height, except as provided in Article 7, “Supplementary District Regulations” and as provided in paragraph 5 below. 5. Building Height Exceptions: By Special Use Permit (see Article 14, “Permits”), or as part of a “Planned Development,” buildings may exceed building height limitations, subject to the following building setback requirement: a. Front Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from a front lot line need ever exceed 150 feet. b. Side Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no side yard setback need ever exceed fifty (50) feet. c. Rear Yard: The required building setback shall be increased by one (1) foot for each two (2) feet, or portion thereof, of increased building height, provided, however, that no setback from the rear lot line need ever exceed fifty (50) feet. 5.09.06 Other Development Regulations for the “CBD” Central Business District 1. The following references the appropriate Articles of this Ordinance which specify the other regulations governing development in this district. 2. “Supplementary District Regulations”: Article 7 3. “Streets, Sidewalks and Subdivision Design”: Article 9  4. “Utilities”: Article 10 5. “Floodways, Floodplains, Storm Ddrainage and Erosion”: Article 11 6. “Off-Street Parking and Loading Requirements”: Article 12 7. “Signs”: Article 13 5.09.07 Conditions of Use for the “CBD” Central Business District 1. Outdoor display of items intended for direct sale to the public shall be permitted as an accessory use only. Outdoor storage of items not intended for direct sale to the public shall not be permitted. All other business, servicing, and processing, except for off-street parking and loading and drive- through facilities shall be conducted within completely enclosed buildings. No Church, Laundromat, Day Care Center, nor Dwelling Unit may have frontage at the street level on Lincoln Highway, except for an entrance door.