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Planning & Zoning Commission

Regular Meeting

DeKalb, IL · March 7, 2022

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Minutes

Planning and Zoning Commission March 7, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION March 7, 2022 The Planning and Zoning Commission held a meeting on March 7, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Maxwell called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Steve Becker, Trixy O’Flaherty, Bill McMahon, Maria Pena- Graham, Shannon Stoker, Jerry Wright, and Chair Max Maxwell. Planning Director Dan Olson and City Manager Bill Nicklas were present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the March 7, 2022, agenda as presented. Mr. McMahon 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 1. February 7, 2022 –Chair Maxwell requested a motion to approve the February 7, 2022, minutes as presented. Ms. O’Flaherty motioned to approve the minutes as presented. Ms. Stoker 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 – A petition by the City of DeKalb for text amendments to the UDO to remove the 250-foot setback for a cannabis dispensary to a residential use and to add the “CBD” Central Business District, “PD-C” Planned Development Commercial District and “PD-I” Planned Development Industrial District to the list of zoning districts where a special use for a dispensary can be applied for. Dan Olson, Planning Director, went through the staff report dated March 3, 2022. He stated the UDO defines cannabis business establishment as an adult-use cannabis dispensing organization and a medical cannabis dispensing organization. Mr. Olson spoke on the proposed amendments with the first being to remove the 250-foot setback for a dispensary to a residential use. He then discussed the proposed addition of the “CBD” Central Business District, “PD-C” Planned Development Commercial District, and “PD-I” Planned Development Industrial District to the list of zoning districts where a special use permit for a cannabis dispensary can be applied for. Planning and Zoning Commission March 7, 2022 Page 2 of 4 Mr. Olson explained the proposed amendments will expand the areas in which a dispensary can be located while still protecting the public health, safety, and welfare. He talked about the dispensaries being well regulated by the State and City and they act like a pharmacy, so adding these to the CBD District would be appropriate. Mr. Olson stated the proposed amendment is to add the CBD, PD-C and PD-I Districts to the list of districts where a cannabis dispensary can apply for a special use. He stressed sites zoned as a planned development have ordinances specifically for that site and would need to be checked for any restrictions. Mr. Olson addressed the second proposed amendment which is the removal of the 250-foot setback for a cannabis dispensary to a residential use. Mr. Olson discussed the history on the regulations for setbacks for dispensaries. He noted in 2015 the original regulation required a 1,000-foot setback from residential areas and an amendment in 2019 reduced the setback to 250 feet. He added there are existing regulations for cannabis establishments in the UDO addressing safety provisions including hour restrictions, security plans, and other measures. Mr. Olson provided the Commission with maps showing the current areas a cannabis dispensary could be located with the current 250-foot setback to residential, and a map with potential locations removing the 250-foot setback regulation. He said the maps show an increase for potential dispensary locations with the removal of the setback. He reminded the Commission that dispensaries would require a special use permit, so a hearing in front of the Commission would be required along with neighborhood notification. Mr. Olson advised the City recommends approval of the proposed text amendments. Chair Maxwell asked if there were any comments or questions from the Public, in which there were none. Chair Maxwell asked if there were any comments or questions from Commission members. Mr. Wright inquired on the current revenue of dispensaries in the City of DeKalb. Mr. Olson replied there are currently no dispensaries in the City of DeKalb. He added there are a few locations approved from a zoning standpoint, one being on Peace Road, and another on West Lincoln Highway in the Junction Shopping Center, which is waiting on State approval. City Manager Nicklas gave background regarding the State statute legalizing cannabis and added as a part of the law, the State was split into regions with each one being allocated a certain number of licenses. The City of DeKalb is in a region including eight counties with only three licenses being allowed in the region. He added the State allowed for a total of 185 licenses which have already been awarded and there is a pending lawsuit on this matter. Chair Maxwell made a comment the City should want to make ourselves as inviting as possible due to the low number of licenses permitted in our region. Planning and Zoning Commission March 7, 2022 Page 3 of 4 Mr. Nicklas added the region DeKalb is in includes counties to the north and northwest that have low populations so the chance of a dispensary coming to DeKalb seems good. Chair Maxwell asked if the City is notified when a license is applied for in our region. Mr. Nicklas replied the City is not notified when a license is applied for. Ms. Stoker questioned a difference in the current dispensary location map versus the proposed dispensary location map. She wondered why areas disappear from the proposed map if the proposed amendments are to open more locations. Mr. Olson explained the current map shows locations with the 250-foot setback regulation where the proposed map shows locations removing the setback regulation. He said he did not go through each location on the map and the intent was to show by removing the 250-foot setback, the available opportunities increased. Mr. Becker commented the biggest increase seems to be on Lincoln Highway. Mr. Olson stated the potential increases were mainly in the downtown area, along Lincoln Highway, Sycamore Road, and South 4th Street. Ms. Stoker asked if the area is showing as a possible location on the current map will the be a possible location on the potential map as well. Mr. Olson answered it generally should be. Ms. Pena-Graham inquired if tonight’s proposal is similar in other cities. Mr. Olson explained many other cities have setback regulations that vary. Mr. McMahon questioned the addition of cannabis dispensaries in the downtown area (CBD) and noted a concern about it. Mr. Olson reiterated each request would require a special use permit which would bring any proposal to the Commission to determine if the proposed location was a good fit or not. Chair Maxwell told the Commission he is impressed with the State regulations for opening a dispensary. Mr. Maxwell is amazed at the levels of security and governance to be able to operate a cannabis dispensary. Mr. Becker inquired on a regulation for a secured rear entrance for any proposed location. Mr. Olson responded that all previous regulations are still in effect. Ms. O’Flaherty moved that the Planning and Zoning Commission recommend to the City Council approval of the text amendments to the Unified Development Ordinance regarding cannabis business establishments as indicated in Exhibit A of the staff report. Ms. Stoker seconded the motion. A roll call vote was taken. Mr. Becker- Yes, Ms. O’Flaherty – Yes, Mr. McMahon – No Ms. Pena-Graham-Yes, Ms. Stoker-Yes, Mr. Wright- Yes, Chair Maxwell-Yes. Motion Passed 6-1-0. F. CONSDERATIONS Planning and Zoning Commission March 7, 2022 Page 4 of 4 City Manager Bill Nicklas addressed the Commission on the topic of compensation for attendance at meetings. He explained he learned about six weeks ago that members from two of the fourteen commissions were being compensated for attending meetings. Mr. Nicklas explained there is no mention in the Municipal Code to allow for Planning and Zoning Commission members to be compensated for meetings. He recommended doing away with compensation for attending this voluntary Commission due to other commissions not being compensated for their meeting attendance. Ms. O’Flaherty said this makes sense to her, and the other commission members agreed. Jerry Wright expressed his appreciation to Mr. Nicklas for coming to the meeting in person to discuss the matter. G. REPORTS Mr. Olson announced the next meeting is scheduled for Monday, March 21, and there are no hearings currently scheduled for this date. Mr. Olson added the City Manager and himself have been working on the Comprehensive Plan, including the introduction, background data, goals and objectives and other information and the Plan will be brought to future meetings for discussion. City Manager Nicklas added the Comprehensive Plan would be discussed at future Commission meetings as a part workshops to get the Commissioner’s input as well from the public. He stated the Comprehensive Plan should be updated at an average of every five years. Mr. Becker explained residential growth typically follows commercial growth and the City is currently experiencing very rapid industrial development. He assumed the updated Comprehensive Plan will reflect increased residential growth due to this trend. Mr. Nicklas suggested to the Commission to start thinking about areas in DeKalb and what potential you see for growth and development. He stressed all ideas would be put together with statistical data to finalize a Comprehensive Plan to submit to the City Council. H. ADJOURNMENT Mr. McMahon motioned to adjourn, Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:35 PM. Minutes prepared by: Stephanie Turner Approved: 4/4/2022

Agenda

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, March 7, 2022 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, IL 60115 A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. February 7, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by the City of DeKalb for text amendments to the UDO to remove the 250- foot setback for a cannabis dispensary to a residential use and to add the "CBD" Central Business District, “PD-C” Planned Development Commercial District and “PD-I” Planned Development Industrial District to the list of zoning districts where a special use for a dispensary can be applied for. F. CONSIDERATIONS 1. Discussion on compensation for the Planning and Zoning Commission. G. REPORTS H. ADJOURNMENT COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this meeting in-person with a physically present quorum that is open to the public and in compliance with all applicable public health requirements. Pursuant to current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Planning and Zoning Commission February 7, 2022 Page 1 of 3 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION February 7, 2022 The Planning and Zoning Commission held a meeting on February 7, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Maxwell called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Steve Becker, Trixy O’Flaherty, Bill McMahon, Maria Pena- Graham, Shannon Stoker, and Chair Max Maxwell. Jerry Wright was absent. Planning Director Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the February 7, 2022, agenda as presented. Mr. McMahon motioned to approve the agenda as presented. Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. January 18, 2022 –Chair Maxwell requested a motion to approve the January 18, 2022, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Mr. McMahon 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. Final Development Plan – Approval of a Final Development Plan for First United Methodist Church’s new building located at 2501 N. Annie Glidden Road. Sherry Uhrich, Chair of the Executive Building Committee for First United Methodist Church, spoke regarding their goal to build a new church. She said the current church building is over 114 years old and there is a need for a safer facility with the fear of code compliance issues with such an old building. She added the current building is 4,000 square feet mainly consisting of hallways and stairways and is not handicap accessible. Ms. Uhrich explained they purchased the subject property approximately two years ago and they have been working with Saavedra Group Architects to finally obtain their goal of a new church. She stressed there has been a lot of time, work, and revisions Planning and Zoning Commission February 7, 2022 Page 2 of 3 to plan for a new church and this proposal will allow for a much safer environment and provide mission and outreach for youth in the area. Dan Saavedra, President of Saavedra Group Architect, discussed the modifications of the plan that were approved by the Planning and Zoning Commission in 2020. He noted the main difference is the height of the church and added some of the design elements have changed as well. Mr. Saavedra explained the height difference, from the originally planned 80 feet to 52 feet, occurred due to the church deciding not to move their pipe organ. Mr. Saavedra continued with the discussion on the new design of the church which will all be on one floor and facing Annie Glidden Road. He mentioned the first phase of the building will be 10,986 square feet with an addition to the south of the building being 1,380 square feet. Mr. Saavedra added the sanctuary will seat 240 people with an annex for additional guests. He noted there will also be two wings; one with classrooms, kitchens, and bathrooms, and the other with administrative offices. Mr. Saavedra explained the vehicle entrance to the church will be from the side of the building off Beautiful Gate Drive and there would be a parking lot with 65 spaces provided in phase one. He added there would be an additional 26 parking spaces to south of the building, and a phase II area which could accommodate up to 80 additional spaces in the future. Mr. Saavedra advised the sanitary sewer connection being off the north side of the church, and water service and other utility connections will come from Annie Glidden Road. He noted the church will be a conventional construction with a facade consisting of fiber cement siding. Mr. Saavedra added the final construction documents are being worked on and will be submitted for final review to the City in March. Dan Olson, Planning Director, went through the staff report dated February 3, 2022. He stated the City approved the annexation and development agreement for the church in July of 2020. He added as a part of the agreement, one of the requirements was for the church to submit a Final Development Plan that would go through the Commission and City Council for final approval. Mr. Olson described the site entrance being off N. Annie Glidden Road with the right of way at Beautiful Gate Drive being dedicated to the City. He noted construction of Beautiful Gate Drive would only occur if future development took place. He went on to discuss the change in the height of the church building, the larger sanctuary, and the parking lot, which is providing an adequate number of spaces. Mr. Olson explained a civil engineering plan has not yet been provided but is expected to be submitted by early March. He mentioned a summary has been provided by the applicant containing information regarding utility connections and storm water drainage. Mr. Olson advised the Commission a condition is recommended requiring the City Engineer approve the final engineering plan before any construction is to take place. Mr. Olson mentioned variances were granted in 2020, including building height, landscaping, minimum street standards, and parking standards. He touched on Planning and Zoning Commission February 7, 2022 Page 3 of 3 waivers being approved for landscaping in 2020 and additional landscaping is planned by the church. Mr. Olson stated the Commission is to make sure the final development plan is in substantial compliance with the approved concept plan from 2020, which it is. Mr. Olson advised the staff recommends approval with a condition the final engineering plans are approved prior to any construction taking place. Pastor Jonathan Crail from the First United Methodist Church addressed the Commission and voiced his excitement for the proposed new church and stated they are looking to be good neighbors in the North Annie Glidden Road area. Chair Maxwell asked if there were any comments or questions from the Commission, in which there were none. Mr. McMahon moved that the Planning and Zoning Commission recommend approval of the Final Development Plan for the DeKalb First United Methodist Church on the subject site per the plans noted on Exhibit A and subject to all items listed below being addressed to the satisfaction of City staff prior to the issuance of a building permit. 1. A final engineering plan reflecting the design principals in the letter dated 1-28-22 from Arc Design be submitted and approved by the City Engineer prior to approval of a building permit. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Mr. Becker- Yes, Ms. O’Flaherty – Yes, Mr. McMahon – Yes Ms. Pena-Graham-Yes, Ms. Stoker-Yes, Chair Maxwell-Yes Mr. Wright was absent. Motion Passed 6-0-1. F. REPORTS Mr. Olson announced the next meeting is scheduled for Tuesday, February 22, due to President’s Day on Monday, February 21. He noted there are currently no hearings scheduled and if the meeting is cancelled, it will be posted on Thursday before the meeting. Mr. Olson added the City Manager will be involved in the update to the Comprehensive Plan and changes will be brought to future Commission meetings. G. ADJOURNMENT Ms. Stoker motioned to adjourn, Ms. Pena-Graham seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:15 PM. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT March 3, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Text Amendments to Chapter 23 of the Municipal Code - Unified Development Ordinance – Cannabis Business Establishments BACKGROUND AND ANALYSIS The UDO defines “cannabis business establishment” as an adult-use cannabis dispensing organization and a medical cannabis dispensing organization. The City is initiating text amendments to the UDO to remove the 250-foot setback for a cannabis dispensary to a residential use. In addition, an amendment is also proposed to add the “CBD” Central Business District, “PD-C” Planned Development Commercial District and “PD-I” Planned Development Industrial District to the list of zoning districts where a special use for a cannabis dispensary can be applied for. The proposed amendments will allow cannabis dispensaries in more commercial areas, while still protecting the public health and safety. The specific amendments to the UDO are as follows: Amend Article 7.18.04(1) to add the CBD, PD-C and PD-I Districts to the list of zoning districts where a special use for a cannabis dispensary can be applied for. The proposed amendment adds the “CBD” Central Business District to the list of zoning districts where a cannabis business establishment can locate with a special use permit. Cannabis business establishments are currently special uses in the LC, GC and LI districts. Cannabis dispensaries are well regulated by the State and operate similar to a pharmacy. A pharmacy is a permitted use in the CBD district. Also proposed is adding the PD-C and PD-I Districts to the list of zoning districts where cannabis business establishment can locate with a special use. The ordinances governing each planned development will need to be reviewed to determine if a cannabis business establishment would be allowed. Amend Article 7.18.04(2) to remove the 250-foot setback to residential areas. The proposed amendment would remove the 250-setback required from residential areas to a cannabis business establishment. A 1,000-foot setback from residential areas was established in 2015 when the original regulations for cannabis dispensaries were added to the UDO. In 2019 a comprehensive amendment was approved for cannabis business establishments and included reducing the setback from residential areas to 250 feet. As noted before cannabis dispensaries are highly regulated by the State and operate like a pharmacy. In addition, there are existing regulations for cannabis business establishments in the UDO that include providing a well-lit parking lot, signage and advertising limits, hour restrictions and submittal of a security plan. The current 250-foot setback to schools, day care centers and NIU academic buildings and residence halls will remain in place. There are some areas along W. Lincoln Highway and several in the downtown that have buildings with commercial uses on the first floor and residential units in the upper floors. Removing the setbacks to residential areas will allow cannabis dispensaries in some of these locations. A cannabis business establishment requires a special use permit in each case, which entails a public hearing, surrounding property owner notification and a Planning and Zoning Commission recommendation. The special use process will allow each site to be looked at on a case-by-case basis and permit specific conditions to be applied, if warranted. Maps were provided in the background material indicating the areas where a cannabis dispensary could potentially locate. One map shows the areas with the current regulations and the other shows the potential areas with the proposed amendments. RECOMMENDATION Sample Motion: Based on the submitted petition and testimony presented, I move the Planning and Zoning Commission recommend to the City Council approval of text amendments to the Unified Development Ordinance regarding cannabis business establishments as indicated in Exhibit A of this staff report. Page |2 EXHIBIT A ARTICLE 7 SUPPLEMENTAL DISTRICT REGULATIONS 7.18 Cannabis Business Establishment 7.18.01 Purpose and Intent 1. This Ordinance is intended to protect the public health, safety and welfare by establishing regulations to restrict the location of and/or create a setback between establishments which primarily engage in the businesses relating to medical cannabis, and incompatible uses. 2. The zoning contemplated herein shall only apply to businesses a cannabis business establishment duly licensed and operating under State law. 3. The following definitions shall apply: “Adult-use Cannabis Craft Grower” means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, 410ILCS 705/1, et seq., as it may be amended from time-to-time, and regulations promulgated thereunder. “Adult-use Cannabis Cultivation Center” means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be amended from time-to-time, and regulations promulgated thereunder. “Adult-use Cannabis Dispensing Organization” means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be amended from time-to-time, and regulations promulgated thereunder. “Adult-use Cannabis Infuser Organization” or “Infuser” means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be amended from time-to-time, and regulations promulgated thereunder. “Adult-use Cannabis Processing Organization” or “Processer” means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be amended from time-to-time, and regulations promulgated thereunder. “Adult-use Cannabis Transporting Organization” or “Transporter” means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis 7-1 Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be amended from time-to-time, and regulations promulgated thereunder. “Cannabis Business Establishment” means an adult-use cannabis dispensing organization and a medical cannabis dispensing organization. "Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products. “Medical Cannabis Dispensing Organization” means a facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program participant, per the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1, et seq., as it may be amended from time-to-time, and regulations promulgated thereunder. "Medical Cannabis Cultivation Center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. “Enclosed, locked facility” room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by agents of a licensed cannabis business establishment and acting pursuant to State law. “State law governing statute” means the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1, et seq., as they may be amended from time-to-time, and regulations promulgated thereunder. 7.18.02 Compliance with Applicable Laws A cannabis business establishment shall be required to comply with all applicable laws, ordinances, regulations, statures or other regulatory authority applicable thereto, including but not limited to, State law and the City of DeKalb Municipal Code. Violation of any applicable law, regulation, or ordinance shall constitute a public nuisance and violation of any zoning authority or special use permit granted hereunder. 7.18.03 Submittal Requirements After a pre-application meeting with the City, an applicant for any special use or other zoning approval required herein for a cannabis business establishment shall be required to submit plans and documents as deemed necessary by the City, including, but not limited to, a Plat of Survey, a Site Plan, Engineering Plan, Architectural Plans and Elevations, Building Material Samples, Lighting Plan, Signage Plan, Business and Operational Plan, Compliance with State law, Anticipated Parking and Traffic Plan, Impact on Surrounding Areas, and Security Plan. 7-2 7.18.04 Permitted Zoning Districts and Setback Requirements 1. A cannabis business establishment shall be permitted only as a special use in the following zoning districts: LC, GC, CBD and LI. A cannabis business establishment may also be permitted in the PD-C and PD-I Districts as a special use if the governing ordinance allows. 2. A cannabis business establishment may not be located within 250 feet of the property line of a preexisting property zoned or used for residential purposes that contains a residential dwelling unit, nursery school, preschool, primary or secondary school, daycare center, daycare home, residential home, and or an academic building or residence hall of a State university. 3. An adult-use cannabis dispensary organization may not be located within 1,500 feet of the property line of a pre-existing adult-use cannabis dispensary organization. 4. A cannabis business establishment shall comply with the setback requirements and standards of the underlying zoning district, except as may be otherwise provided by this Section and the UDO. 7.18.05 Parking Requirements 1. A cannabis business establishment shall be required to comply with the parking requirements applicable to the facility under the provisions of this UDO (e.g. a dispensary shall comply with the parking requirements applicable to a Commercial Service Facility and Retail). 2. Parking shall be located in an area which is visible from a public road. 3. Parking areas shall be well lit and monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment. 7.18.06 Exterior Display, Signage and Advertising 1. No cannabis business establishment shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis, cannabis paraphernalia or similar products from any sidewalk, right-of-way or any property other than the lot on which the cannabis business establishment is located. No portion of the exterior of the cannabis business establishment shall use or contain any flashing lights, search lights, spotlights or any similar lighting system. 2. Signage shall comply with the standards of the underlying zoning district. 3. No cannabis business establishment shall have signage or engage in advertising that is not in compliance with State law, including but not limited to 410 ILCS 705/5520, which is adopted and incorporated herein by reference as if fully set forth herein. 4. A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: “Persons under the age of 21 are prohibited from entering.” The required text shall be no smaller than 1 inch in height nor greater than 12 inches in height. 7.18.07 Other Development Restrictions 1. No more than five (5) special use permits for an adult-use cannabis dispensing organization shall be permitted within the City’s corporate limits. 2. The terms and conditions for the location of a cannabis dispensary pursuant to a special use shall not be applicable to other types of cannabis businesses, including but not limited to, Adult-Use Cannabis Craft Growers, Adult-Use/medical Cannabis Cultivation Centers, Adult-Use Cannabis Infuser Uses, Adult-Use Cannabis Processing Uses, or Adult-Use Cannabis Transportation Uses unless otherwise approved by a subsequent amendment. Any type of cannabis business other than 7-3 a cannabis dispensary that wishes to locate in DeKalb may propose a text amendment to the City’s Unified Development Ordinance as part of a zoning application that is in compliance with all State of Illinois statutes and regulations for legislative consideration and evaluation by the Planning and Zoning Commission and the City Council. 3. No cannabis business establishment shall allow any person who is not at least twenty-one (21) years of age on the premises. No cannabis business establishment shall employ anyone under the age of twenty-one (21). 4. A cannabis business establishment may operate between the hours of 6:00 a.m. to 10:00 p.m. 5. No cannabis business establishment shall have a drive-through service, drive-thru window, or any form of outdoor sales. 6. A cannabis business establishment shall maintain compliance with State law and local building, fire, and zoning requirements or regulations. 7. No adult-use cannabis dispensing organization shall operate in violation of the operational requirements and prohibitions set forth in 410 ILCS 705/15-70, which are adopted and incorporated herein by reference as if fully set forth herein. 8. No medical cannabis dispensing organization shall operate in violation of the requirements and prohibitions set forth in 410 ILCS 130/130, which are adopted and incorporated herein by reference as if fully set forth herein. 9. A cannabis business establishment shall provide to the City a security plan that includes, but is not limited to, the following: a. The cannabis business establishment shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft; b. The parking area, client entrance, sales area, back room, storage areas and delivery bay and entrance shall be monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment, continually recorded in a tamper proof format; c. A sign shall be posted in a prominent location which includes the following language “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons”; d. Reporting of criminal activity on the licensed premises to local law enforcement officials; and e. The Chief of Police or designee shall review and approve the adequacy of lighting, security and video surveillance prior to the issuance of a Conditional/Special Use Permit; 10. Loitering is prohibited on a medical cannabis business establishment facility property. 11. No cannabis business establishment shall allow any person to smoke, inhale or consume cannabis on the property and the licenses premises occupied by the cannabis business establishment. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment building in a conspicuous place and visible to employees and clients and shall include the following 7-4 language: “Smoking, eating, drinking or other forms of consumption of cannabis products on the property is prohibited.” 7-5 Potential Cannabis Dispensary Locations - Current HATHAWAY DR RD PR N VILLE IVA COLTO BORDEN AV TE PRIVATE DR D R FAIR LA LONGWOOD DR N 1ST ST ND DR S PRAIRIE DR W ST EASTGA T E DR RUSSET LN WILL HIGHLAND DR FOXPOINTE DR PRIVATE DR O RICH RD PRIVATE DR GEORJEAN CT GLIDDEN RD THORNWOOD DR WHITE OAK DR QUINLAN AV QUINLAN AV EDGEBROO K LN AFTON RD MERCANTILE DR RUTLA ND RD KINGSBURY DR LILAC LN MEDITERRANEAN DR MANESS CT LAUREL LN PARK AV LARKIN G AV MO K DR W PRAIRIE DR NR TY RE MEADOW CREE MS D G ASTER RD TO ER D CK W NAPA CT CUTLER DR IN GA AV T LN G LYNN AV DEKAL LN ABERDEEN CT SA B AV N CO SOMERSET LN E BETHANY RD PRIVATE DR PRIVATE DR DR BETHANY RD PRIVATE DR PRIVATE DR BETHANY RD W BETHANY RD PRIVATE WEDGEWOOD DR TIM PEACE RD B RE RD KLEIN RD ER TR L SYCAM MAN OR DR O GATEWAY DR STONEY CREEK RD R DOSEN DR O B ER TS LN OAKLAND DR PR ID E AV WILLIAMS WAY ROSENOW WAY BUENA VISTA DR WIRSING P K WY GO RUBY LN L SYLV FV AN L N ANNIE GLIDDEN RD ILE IEW N HA W DRESSER RD MW PL OD E O HEATHERFIELD LN DR DR ES HYACINTH LN LO SE DR TWOMBLY RD N RE R GV GA RD PR AL RI IV LE VE L DR AT YL R E MISTY LN N ET DR LN E ROYAL DR CO RUSHMOORE DR N BARBER GREENE RD R RIDGE DR ED UN GA JOHN HUBER PKWY LN YL K LN R EL G TY ER DR R AC TON RD JU N EE CARL MA D R DR FA BAYFIELD R TE NW PICKW ISLE RR NN SCHIFLY L EDGEBROOK DR DR M KNOLLWOOD DR O IC MAYFLO JO O RD N ARK A D PR W HUNTIN G TILTON P KIMBERLY DR AC IVAT RE SPIROS CT E S DR DELCY DR NORMAL RD W HILLCREST DR R HU G FOX HOLLOW FORSYTHE LN LM A ORCHARD LN SU RESERVE LN N D FOTIS DR DR ES NR ES D REGENT DR VARSITY BLVD R D DORKEN LN O IS DR WINDSOR DR R A E KW DR T NL HIGH TER O N TS OV LOREN DR FAIRMONT DR KR O D SA EA AV LA PA N AV PL E HIL W D LCR N E DRESSER RD RUSSELL RD O E CT ST D W CH W GRANT DR O R O AL SUNNYMEADE TRL O EL D OA LE M N 1ST ST AV K DR NG HOUSING ACCESS RD S GRANT DR E CRANE DR ER N 14TH ST GARDEN RD DR KISHWAUKEE DR EAST-WEST RD SCHOOL ST BL LEE CT VD STEVENSON DR N W PRAIRIEFIELD AV PRESIDENTS BLVD A MAIN CENTRAL RD N 9TH ST DOUGLAS DR N LIN D VIEN R AV N STADIUM DR W MILLE N CHARLES ST WIRTZ DR VAL LN RECREATION DR LUCINDA AV B AV EN DAVY ST CLARK ST N 7TH ST DEKAL RD N 10TH ST N 11TH ST STADIUM DR N FE PL RO L LEWIS ST N 4TH ST ENTERPRISE AV N 5TH ST N 12TH ST N 13TH ST AUG U STADIUM DR STA A FIS COLLE V KA GE AV V ST STADIUM DR S W CORTLAND CENTER RD STADIUM DR PIN JOHN ST UNIVERS W N2 PLEASANT ST ITY CIR LO ND E ST CU W MALLARD AV ST N BLUE JAY ST ST OA STATE ST WURLITZER DR N 9TH ST K N 8TH ST EL ST W HERON AV DIETZ AV W LINCOLN HWY OC ST US MARKET ST TS PEARL ST T N6 W RED HAWK AV TH N DOGWOOD ST MOLUF ST CHESTNUT ST ASH CT N ASPEN DR S ANNIE GLIDDEN RD BANTAM ST DEE ST RPA GURLER ST ST KNOLLS S N8 JASMINE S TH IV TH Y GR LN N9 ST ST FR O W EL T TW VE TH W A LEN A A CE WR NK S T LIN N1 V N PE OO ST 1TH DO DG SE ST E AV W FURROW ST VE ELLWOOD AV ST LT CA T E PK WY MA ST PR ND EL RO DEVONAIR O T S RD SP MS LA LEO HO M BUSH ST ON WOOD ST TH EVANS AV S2 EC S RD V NA TS E DR MAGNOLIA ST ST S3 SIMONDS AV RD EG T MAPLEWOOD AV GR ANGE RD N NINA ST S9 AV ER OO AR DE GLIDDEN AV S AV S HA SE NS S 10TH ST NOLL ISH W KEENE AV S 11TH ST K VE T SUNGLOW LN BLV LT ST D E LIN ST CO L INDUSTRIAL DR N HW W PINE AV WALNUT ST PL UM ROOSEVELT CT Y W NORTH AV DAVID AV SOUTH MALTA RD W TAYLOR ST E TAYLOR ST LACAS ST WENDEL SHARON DR GAYLE AV L PL W ELM AV S 8TH ST SPRINGDALE LN WARREN S LOVES RD W ALDEN PL PL CULVER ST S 10TH ST E ALDE W SUNSET PL N PL S 9TH ST S WEST ST HARVEY ST STATE EM E SUNSET PL RT QUAIL RUN ILN E 38 D SCENIC R ER AV S 5TH ST S 6TH ST PRIVATE DR SOUTHMOOR DR W ST BELLEVUE DR EPH E EBBESEN DR STAFFORD ST SALEM DR NIE ELIZABETH ST GIFFORD ST DR SCOTT C WL T S 7TH ST INC OL CHARTER ST NH WY SPRING AV MATTEK AV MATTEK CT KAREN AV WEBSTER RD BARB BLVD MACOM DR KENT PL S 4TH ST BALL AV LUCERNE LN FAIRVIEW DR W FAIRVIEW DR E FAIRVIEW DR FAIRVIEW DR MONTICELLO DR PATRIOT DR AUTUMN LN MANNING DR NESTLE CT O UND STB 92 WE E R ANC EN T R AM P I88 I88 WESTBOUND I88 EASTBOUND HARVESTORE DR S PEACE RD ST WEBSTER RD ST CORPORATE DR CREGO RD S1 City Limits SWA N LN PRIVATE DR INTE DR Day Care Providers GURLER RD E GURLER RD GURLER RD BENT GRASS CIR METAVERSE WAY SOUTH P DR School Properties O IVE RF PA Residential Land Use PRIVATE DR Property Zoned NC, CBD, HI, PD-I, ORI, or is NIU property LYNCH RD Public Land 250' Buffer - Residential, Schools, Day Care, PDR Zoning STATE RTE 23 Vacant Land CREGO RD Kishwaukee CountryPRIVA Club TE DR Possible Cannabis Dispensary Locations KESLINGER RD File: \Community Development\Cannabis Buffers 250 feet.mxd Created: 1/2/2020 DJE Last Updated: 1/13/2020 DJE 0 0.25 0.5 1 1.5 2 I Miles 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 Monday, March 7, 2022, at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code, to amend Article 7.18 “Cannabis Business Establishment” to: remove the 250 foot setback for a cannabis business establishment to a residential use; to add the “CBD” Central Business District to the list of zoning districts where a special use for a “Cannabis Business Establishment” can be applied for; and other miscellaneous amendments. 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, 164 E. Lincoln Highway, DeKalb, Illinois, 60115 by 12:00 p.m. on Monday, March 7, 2022, or by e-mail to dan.olson@cityofdekalb.com. 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. Max Maxwell, Chair DeKalb Planning and Zoning Commission
Planning & Zoning Commission — DeKalb, IL