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Planning & Zoning Commission

Regular Meeting

DeKalb, IL · November 7, 2022

AgendaMinutes

Minutes

Planning and Zoning Commission November 7, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION November 7, 2022 The Planning and Zoning Commission held a meeting on November 7, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Max 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, Maria Pena-Graham, Shannon Stoker, Jerry Wright, Bill McMahon, and Chair Max Maxwell. 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 November 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. October 17, 2022 – Chair Maxwell requested a motion to approve the October 17, 2022, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Ms. O’Flaherty 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 Chris and Laura Manski, represented by Mark Doherty, for a special use permit to allow the resubdivision of a “TFR” Two Family Residential zoned lot into two single-family attached lots in accordance with Article 5.03.06 of the Unified Development Ordinance for the site located at 202-204 Chamberlain Drive. Maria-Pena Graham recused herself for this hearing due to a conflict of interest and she left the room at 6:02 p.m. Mark Doherty, attorney for the owners of the property, described the property as two separate units, on one parcel, that were used as rental properties. Mr. Doherty explained the owners are looking to separate the parcels for the purpose of selling the 204 Chamberlain Dr. unit. He stated he has been working with the City on the request to ensure all concerns are addressed. Planning and Zoning Commission November 7, 2022 Page 2 of 4 Planning Director Olson went over the staff report dated November 3, 2022, and explained the subject site consists of a duplex on one lot and the owners are looking to separate it into two lots. Mr. Olson stated a minor subdivision plat has been submitted for this special use permit and it shows lot one being 4,300 sq. ft. and lot two being 3,990 sq. ft. which meet the UDO criteria. He stressed each lot needs to have its own separate utilities which is currently being worked out with KWRD and the establishment of a sanitary easement. Mr. Olson told the Commission the Declaration of Cross Easements and Party Wall Agreement required in the UDO was reviewed by the City Attorney and met his approval. He added there have been a few of these requests in the past. Mr. Olson said the findings of fact have been met for the petition. He noted the one public comment received was from George Christensen and Lori Jones of 205-207 Chamberlain Drive who expressed their support for the request. Mr. Olson said an amended sample motion was prepared that added all staff comments be addressed before the recording of the plat. Chair Maxwell asked if there were any comments from the public in which there were none. Chair Maxwell asked if there were any questions or comments from the Commission members. Jerry Wright asked Planning Director Olson if any of the previous similar requests have led to any problems or concerns. Mr. Olson responded the last request was approximately three years ago and there have been no issues brought to his attention. Jerry Wright inquired on the purpose of splitting the lot. Mark Doherty replied the reasoning is for selling the property, the owners are currently under contract for one lot and may look to sell the newly created lot in the future. Mr. McMahon stated that based upon the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit to allow the Resubdivision of a “TFR” Two-Family Residential Zoned Lot into Two Single-Family Attached Lots in Accordance with Article 5.03.06 of the UDO for the property located at 202-204 Chamberlain Dr. and approval of the Final Plat of the Manski Subdivision labeled as Exhibit A subject to all staff comments being addressed prior to the recording of the plat. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Stoker– Yes, Mr. Wright – Yes, Mr. McMahon – Yes, Chair Maxwell - Yes. Maria Pena-Graham recused herself from the vote. Motion passed 6-0 with 1 recusal. Maria Pena-Graham returned to the meeting room at 6:09 p.m. Planning and Zoning Commission November 7, 2022 Page 3 of 4 2. Public Hearing – A petition by DINA 5 Inc. d/b/a Smoker’s Choice represented by Omar Younis for approval of a special use permit for a retail tobacco store at 1180 W. Lincoln Highway. Omar Younis, representing DINA 5 Inc., spoke on the request for a special use permit for a retail tobacco store and stated the petitioner is a small family operated business that currently owns other tobacco shops in Kentucky, Indiana, and Missouri. Mr. Younis stated DINA 5 Inc. is currently under lease for the subject property and only tobacco items would be sold at this location if the special use permit is granted. Planning Director Olson covered the staff report dated November 3, 2022. He described the proposed request for a retail tobacco store at 1180 W. Lincoln Highway, which has been used by multiple restaurants in the previous years but has been vacant now for about a year. He added the UDO has a definition for retail tobacco stores which is 30% or more of the revenue from tobacco related products or 25% or more of the floor area being dedicated to tobacco products and accessories which is the case with this proposal. Mr. Olson explained the proposal meets the setback requirements in the UDO for retail tobacco stores and the Municipal Code (Chapter 64) requirement they must be in freestanding buildings. He stated there is a drive-thru along the east side of the building that will not be used and is recommend as a condition to the issuance of the special use permit. He added if an expansion to the building is needed, the applicant will have to come before the Commission for a hearing. Mr. Olson explained there is adequate parking and there are no site changes proposed. Planning Director Olson stated one public response was received from Sang Woo of 1127 W. Lincoln Highway (Popeye’s Chicken Property) indicating they do not support the request with no additional information provided. Chair Maxwell asked if there were any comments from the public in which there were none. Chair Maxwell asked if there were any comments from the Commission members. Steve Becker asked if 1,800 sq. ft. is typical of their other tobacco store locations. The owner of DINA 5 Inc. stated they have locations that are 5,000 sq. ft., 2,800 sq. ft., 2,300 sq. ft., and 2,200 sq. ft. Steve Becker asked if there was a need to expand this location in which the response from the owner was no. Max Maxwell questioned the reasoning for a free-standing building for tobacco shops. Mr. Olson responded that was put into place before he started with the City and he thinks the reasoning may be due to the potential sharing of ventilation systems in a multi-tenant building. Jerry Wright inquired on the percentage of the business being involved with vapes. DINA 5 Inc. representative said vapes, CBD, Delta 8’s, cigars, hookah tobacco, and Planning and Zoning Commission November 7, 2022 Page 4 of 4 loose tobacco are sold at their locations. Mr. Younis added about 20% of the sales are sales of vape products. He added there will be sales of cigars and accessories as well. Bill McMahon questioned how many employees would be working at this location. The owner of DINA 5 Inc. stated they will start with one or two employees and see how the business goes and maybe add two to three employees per shift. Max Maxwell inquired on the hours of operation. DINA 5 Inc. responded it depends on the City but should be approximately 10:00 am to 11:00 pm. Shannon Stoker expressed her appreciation for something new coming to this building and added it has included many restaurants that never seem to stay long. Mr. Becker stated based upon the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit for a retail tobacco store at 1180 W. Lincoln Highway as shown on Exhibit A and subject to the following: 1. The existing drive-through on the east side of the building shall not be used in the operation of the special use. 2. There shall be no smoking in the existing building on the site. 3. The existing building shall not be expanded without an amendment to the special use permit. Ms. Stoker seconded the motion. A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham – No, Ms. Stoker – Yes, Mr. Wright – Yes, Mr. McMahon – Yes, Chair Maxwell - Yes. Motion passed 6-1. F. REPORTS Planning Director Olson informed the Commission the next meeting is November 21 at the Police Department. He noted one public hearing is currently scheduled, which is for the rezoning of 145 Fisk Avenue and approval of a Preliminary Plan. Mr. Olson informed the Commission the Plat for the County Nursing Home and the esports café special use at 901 Lucinda Ave. were approved at the last City Council meeting. He added there will be a variance hearing in December for the Shell Station 175 W. Lincoln Highway due to the applicant not obtaining a building permit within six months after approval. G. ADJOURNMENT Mr. Wright motioned to adjourn, Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:24 PM. Minutes prepared by: Stephanie Turner Approved: November 21, 2022

Agenda

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, November 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. October 17, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Chris and Laura Manski, represented by Mark Doherty, for a special use permit to allow the resubdivision of a “TFR” Two Family Residential zoned lot into two single-family attached lots in accordance with Article 5.03.06 of the Unified Development Ordinance for the site located at 202-204 Chamberlain Drive. 2. Public Hearing – A petition by DINA 5 Inc. d/b/a Smoker’s Choice represented by Omar Younis for approval of a special use permit for a retail tobacco store at 1180 W. Lincoln Highway. F. REPORTS G. 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 October 17, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION October 17, 2022 The Planning and Zoning Commission held a meeting on October 17, 2022, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Max 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: Trixy O’Flaherty, Maria Pena-Graham, Bill McMahon, and Chair Max Maxwell. Steve Becker, Shannon Stoker, and Jerry Wright were 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 October 17, 2022, agenda as presented. Ms. O’Flaherty motioned to approve the agenda as presented. Mr. McMahon seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. October 3, 2022 – Chair Maxwell requested a motion to approve the October 3, 2022, minutes as presented. Mr. McMahon motioned to approve the minutes as presented. Ms. Pena-Graham 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 – Application for approval of a Preliminary and Final Plat for the DeKalb County Nursing Home Subdivision and approval of an amendment to Ordinance 2019-003 to amend the interior lot line setbacks between the DeKalb County Nursing Home and DeKalb County Health Department located at 2550 and 2600 N. Annie Glidden Road (DeKalb County). Derek Hiland, Community Development Director, and Assistant County Administrator for DeKalb County explained the County and the DeKalb County Board have been exploring options as to what can be done with the DeKalb County Rehab and Nursing Center. Mr. Hiland stated the County Board has a letter of intent to sell the Nursing Home property. He explained the subject building is attached to the DeKalb County Health Department by a hallway corridor which leads to a meeting room. Planning and Zoning Commission October 17, 2022 Page 2 of 4 Mr. Hiland stressed the reasoning behind the sale of the property is a monthly deficit on average of $350,000 which is at the expense of taxpayers. He discussed meetings were held between the City of DeKalb, DeKalb Fire Department, and the County on how to separate the building for sale purposes. Mr. Hiland added talks with the Nursing Home Staff and County Maintenance Staff led to the dividing line as shown on the Plat. He added the line reflects who is responsible for maintenance. He informed the Commission that Civil Engineers were hired to draw the Preliminary and Final Plats, which are presented to the Commission for review. Planning Director Olson went over the staff report dated October 13, 2022, and explained the County is looking to create a lot to separate the Nursing Home from the rest of the campus so it can be sold. Mr. Olson stated the County filed a Preliminary and Final Plat to create a separate lot and establish the necessary easements. He added with a lot line going through the building, the interior side yard setback must be eliminated which is why there is an amendment to Ordinance 2019-003. Mr. Olson told the Commission this request was reviewed by City Staff with comments relating to a few easements that need to be established including one that will cover the bike path on the north side of the site. He stated the easements would have to be addressed prior to the recording of the Final Plat. Mr. Olson spoke on the one public response on the matter, which noted support for the project. He added it was from the Gordon and Patricia Wicklund Trust, which is the owner of four acres southwest of the subject site. Mr. Olson reported the City recommends approval of this request. Chair Maxwell asked if there were any comments from the public in which there were none. Chair Maxwell asked if there were any questions from the Commission members. Trixy O’Flaherty inquired if there was going to be an invisible line for the lot line or if there would be physical objects to show the line. Mr. Hiland said the line that separates the two structures is truly invisible. He added it is based off how maintenance has been handled for the last 20 years. Max Maxwell asked if the utilities were divided between the two buildings. Derek Hiland responded it’s a complicated matter with some systems being shared. Mr. Hiland informed the Commission this will all be addressed in the contract for the purchase of the building. Bill McMahon questioned if parking between Lots 1 and 2 will be sufficient when the split of the ownership takes place. Mr. Hiland replied there would be adequate parking for both buildings. Mr. Olson noted parking was looked at when an addition was approved to the Nursing Home in 2019. Mr. McMahon stated that based upon the submitted petition and testimony presented, the Planning and Zoning Commission recommend to the City Council approval of the Preliminary Plat of the DeKalb County Nursing Home Subdivision dated 8-27-22 and the Final Plat of the DeKalb County Nursing Home Subdivision dated 9-8-22 labeled Planning and Zoning Commission October 17, 2022 Page 3 of 4 as Exhibit A and an amendment to Ordinance 2019-003 to remove the interior lot line setbacks between Lots 1 and 2 for the property located at 2550 and 2600 N. Annie Glidden Rd. and any other amendments to allow for the sale of the Nursing Home property, subject to staff comments related to easements being addressed on the Final Plat prior to recording. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Pena-Graham – Yes, Mr. McMahon – Yes, Chair Maxwell - Yes. Steve Becker, Shannon Stoker, and Jerry Wright were absent. Motion passed 4-0-3. 2. Public Hearing – A petition by 4Willz LLC represented by William Williams for approval of a special use permit for an amusement establishment (cyber and esports café) for 901 Lucinda Ave., tenant space E. William Williams, representing 4Willz LLC, spoke on his request for a special use permit for an amusement establishment to operate a cyber and esports café at the subject site. He said the café will offer non-alcoholic beverages and snacks and will not negatively affect any nearby land uses or property values. Mr. Williams explained the goal is to open on January 1, 2023 with esports being a form of competition using video games which has been increasingly popular with over 1 billion dollars in revenue. Mr. Williams added he graduated from NIU with a computer science and business/operations degrees. He said video games can transform many things and are a source to reach out to younger individuals to get them involved with STEM. Mr. Williams stated he feels the use will be a benefit to the community. Planning Director Olson covered the staff report dated October 13, 2022, and described the proposed request for a cyber and esports café at 901 Lucinda Ave. which is zoned “LC”, Light Commercial District. He mentioned this type of use is not listed in the Light Commercial District but “amusement establishments” such as bowling alleys and arcades are listed as a special use, so this seemed to be the closest fit. Mr. Olson stated there will be 30-40 computers and gaming consoles and a floor plan was provided by the applicant. Planning Director Olson noted the hours of operation will be 6:00 p.m. to 2:00 a.m. Thursday and Friday’s, 10:00 a.m. to 2:00 a.m. on Saturday’s, and 11:00 a.m. to 11:00 p.m. on Sunday’s. He added Monday through Wednesday will be reserved for appointments, tournaments, and special events. He said there is adequate parking to the north and east of the building. Mr. Olson explained the request meets the special use standards and is a good use of the location and will be a benefit to the other businesses located in the area. He stated the City recommends approval of this petition. Chair Maxwell asked if there were any comments from the public in which there were none. Planning and Zoning Commission October 17, 2022 Page 4 of 4 Chair Maxwell asked if there were any questions from the Commission members. Bill McMahon asked about the number of employees that would be employed when they open. Mr. Williams responded it will just be him and his family to start, but as business picks up an additional 2-6 employees may be hired. Max Maxwell indicated he thought the use was a good idea and wonderful use of the proposed tenant space. Ms. O’Flaherty stated based upon the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit for an amusement establishment (cyber and esports café) at 901 Lucinda Ave in tenant space 901-E as shown on Exhibit A of the staff report. Ms. Pena-Graham seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Pena-Graham – Yes, Mr. McMahon – Yes, Chair Maxwell - Yes. Steve Becker, Shannon Stoker, and Jerry Wright were absent. Motion passed 4-0-3. F. REPORTS Planning Director Olson informed the Commission the next meeting is November 7. He noted one public hearing is currently scheduled, which is a special use permit for 202-204 Chamberlain Dr. with another hearing likely. Mr. Olson informed the Commission the Plat for Park 88 was approved at the last Council meeting. Mr. Olson spoke on taking part in the DeKalb County Regional Planning Commission meeting next Thursday (27th) in which he will be presenting the City’s Comprehensive Plan. G. ADJOURNMENT Mr. McMahon motioned to adjourn, Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:25 PM. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT November 3, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Special Use Permit to Allow the Resubdivision of a “TFR” Two Family Residential Zoned Lot into Two Single-Family Attached Lots and Approval of the Final Plat of Manski Subdivision Located 202-204 Chamberlain Dr. (Chris and Laura Manski) I. GENERAL INFORMATION A. Purpose Approval of a Special Use Permit to allow the resubdivision of a “TFR” zoned lot into two single-family attached lots. B. Location/Size 202-204 Chamberlain Dr./.19 acres C. Petitioner Chris and Laura Manski, represented by Mark Doherty D. Existing Zoning “TFR” Two-Family Residential District E. Existing Land Use Two Family Attached Dwelling Unit (Duplex) F. Surrounding Zoning and Land Use North: “TFR”; Duplex South: “TFR” and “MFR1”; Duplex and Apartments East: “TFR”; Duplex West: “SFR2”, Single-Family Residential G. Comprehensive Plan Designation Medium Density Residential II. BACKGROUND AND ANALYSIS The applicant is requesting approval of a special use permit and an accompanying final plat to resubdivide a two-family (duplex) lot at 202-204 Chamberlain Dr. into two single- family-attached (zero-lot-line) lots. The property is zoned “TFR” Two Family Residential District and is 8,291 square feet (.19 acres). The applicant proposes to resubdivide the property along the common wall of an existing two-family (duplex) residential structure constructed in the 1970’s. The resubdivision would create two lots, with one residential unit on each of the new lots. Lot 1 would be 4,300 sq. ft. and Lot 2 would be 3,990 sq. ft. The resulting resubdivision would allow each of the units and the lots on which they are located to be owned or sold individually. In the “TFR” District, the UDO (Article 5.03.06) has several criteria for the proposed type of resubdivision. Each new lot must be at least 3,500 sq. ft. and a minimum lot width of 25 feet is required. The interior lot line setback is removed to accommodate the new lot line going down the common wall. A declaration of cross easements and common wall agreement is required to be submitted, which covers the maintenance, responsibilities, and liability of the common wall between the two units. The proposed lots meet the 25-foot minimum lot width and the 3,500 square-foot minimum lot size requirements. The applicant has provided a Declaration of Cross Easements and Party Wall Agreement, which will be recorded with the final plat and would govern the maintenance of and liability for the common wall shared by the two units. The City Attorney has reviewed the Agreement and meets with his approval. The City has approved 11 similar special use requests in the “TFR” Two- Family Residential District since 2001. The TFR and MFR1 Districts were amended in 1994 to allow this special use permit process. The UDO also requires that each dwelling unit must be serviced with its own water line, sanitary sewer line, sump pump line and all other utility lines and extensions. The two- family unit on the subject property is served by separate water services extending from the water main located along Chamberlain Dr. A separate sanitary service will have to be added and the applicant has been in contact with the Kishwaukee Water Reclamation District. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special will comply with all regulations of the “TFR” Two Family Residential District and the Unified Development Ordinance (UDO). The proposed resubdivision would create two lots that will meet the 25-foot minimum lot width and the 3,500 square- foot minimum lot size requirements in the “TFR” District. Only one dwelling unit will be located on each lot, and the structure complies with the setback requirements for “TFR” District. Page |2 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on the adjacent properties or land uses. The site has been zoned “TFR” Two-Family Residential since the 1970’s. The proposed use is compatible with the residential uses found in the surrounding neighboring and there are other duplexes along Chamberlain Dr. The proposed resubdivision will not have a negative impact on the adjacent properties’ values. In addition, the proposed special use meets the recommendations of the City’s 2022 Comprehensive Plan. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The granting of the special use will not dominate the immediate area and will not prevent development on the neighboring properties. The existing structure is in scale with the surrounding neighborhood, which includes a mix of single-family, two-family and multi- family residential structures. No changes to the existing structure will result from the approval of the special use permit or the accompanying final plat. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. The UDO requires that each dwelling unit must be serviced with its own water line, sanitary sewer line, sump pump line and all other utility lines and extensions. The two- family unit is served by separate water services extending from the water main located along Chamberlain Dr. A separate sanitary line will be added to the second unit. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. The proposed special use will not be detrimental to the permitted developments and uses on the site or to the surrounding area. It is in the public’s interest to provide a variety of housing types to meet the needs of DeKalb’s citizens. The approval of the special use permit would positively affect the health, safety and welfare of the citizens of DeKalb as it would allow the ownership and occupancy of each separate unit, which is generally accepted as a having a positive influence on the community. Page |3 IV. CITIZEN RESPONSE/COMMENTS The City received a Public Response Form from George Christensen and Lori Jones of 205-207 Chamberlain Dr. noting support for the request. A copy is provided in the Commission’s background materials. V. RECOMMENDATION The staff recommends approval, and a sample motion is below. Sample Motion – Special Use Permit: Based upon the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit to allow the Resubdivision of a “TFR” Two-Family Residential Zoned Lot into Two Single-Family Attached Lots in Accordance with Article 5.03.06 of the UDO for the property located at 202-204 Chamberlain Dr. and approval of the Final Plat of the Manski Subdivision labeled as Exhibit A. Page |4 EXHIBIT A 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, November 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 Chris and Laura Manski, represented by Mark Doherty, for a special use permit to allow the resubdivision of a “TFR” Two Family Residential zoned lot into two single-family attached lots in accordance with Article 5.03.06 of the Unified Development Ordinance. The subject property is located at 202-204 Chamberlain Drive, DeKalb, IL, has a Parcel Identification Number (PIN) of 08-27-279-034 and is zoned “TFR” Two Family Residential District. 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, November 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 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT November 3, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Special Use Permit for a Retail Tobacco Store at 1180 W. Lincoln Highway (DINA 5 Inc d/b/a Smoker’s Choice represented by Omar Younis) I. GENERAL INFORMATION A. Purpose Establishment of a Retail Tobacco Store B. Location/Size 1180 W. Lincoln Highway/.72 acres C. Petitioner DINA 5 Inc d/b/a Smoker’s Choice represented by Omar Younis D. Existing Zoning “LC” Light Commercial District E. Existing Land Use Vacant commercial building F. Surrounding Zoning and Land Use North: “GC”; Restaurants, NIU Parking Lot, South: “PD-R and SFR1”; RR, Multi-Family East: “LC”; Vacant Commercial Property, Multi-Family Residential West: “LC”, Restaurant, Hotel G. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The petitioner, DINA 5 Inc d/b/a Smoker’s Choice, represented by Omar Younis, is requesting approval of a special use permit for a retail tobacco store to be located in the building at 1180 W. Lincoln Highway. The petitioner has signed a lease for the building, which is approximately 1,800 sq. ft. The .72-acre site is zoned “LC” Light Commercial District. The building most recently contained the Beef Shack Restaurant, which closed initially in early 2020, re-opened in the summer of 2020 and closed again in late 2021. In 2015 the City amended the Unified Development Ordinance (UDO) to create regulations for retail tobacco stores. They are defined as a business that either has 30% or more of its revenue or more than 25% of its floor area devoted to tobacco products and accessories. Retail tobacco stores are a special use in the CBD, LC, GC, ORI, LI, and HI Districts. They are required to be setback at least 200 feet from a residentially zoned property or a parcel occupied by a public or private school (K-12). In addition, no retail tobacco store can be located within 200 feet of another retail tobacco store. Finally, Chapter 64 “Smoking Regulations” of the Municipal Code has a requirement that a retail tobacco store must be in a freestanding building that does not have any other tenants. At that time of the UDO amendment in 2015 there were three existing retail tobacco stores licensed in the City. Lucky’s Tobacco located at 110 E. Hillcrest Dr. and The Smoke Shop at 818 W. Lincoln Highway. Both pre-date the Ordinance change in 2015 and are considered legal non-conforming uses. The Hookah Bar (Aromas) located 811 W. Lincoln Highway was established prior to 2015 also, but recently closed. The proposed location of the retail tobacco store at 1180 W. Lincoln Hwy. meets the setback regulations in the UDO and the freestanding building requirement in the Municipal Code. The attorney for the petitioner indicates in their summary letter the applicant has over 10 years of experience operating clean, safe and reliable tobacco shops. The building will not be altered in conjunction with the proposed use. The drive-through of the former restaurant will not be used as part of the retail tobacco store. In addition, there will be no smoking in the establishment. Conditions are suggested in the recommendation that will prohibit the use of the drive-through, ban smoking in the building and not allow an expansion of the building without an amendment to the special use permit. A retail tobacco store requires one parking space for every 250 sq. ft. of floor area. The building is approximately 1,800 sq. ft. which equates to seven required parking spaces. There are 23 parking spaces on the site and one handicap space. Landscaping was added along W. Lincoln Highway a few years ago in relation to site modifications by the owner and there is a dumpster corral already on the property. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special will comply with all regulations of the “LC” Light Commercial District Page |2 and Article 7.17 “Retail Sale of Tobacco and Related Products” of the Unified Development Ordinance (UDO). The proposed special use will also comply with Chapter 64 “Smoking Regulations” of the Municipal Code. 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on the adjacent properties or land uses. The site has been zoned “LC” Light Commercial for decades. The existing building on site has contained mostly restaurants in the past. There is a variety of commercial uses along W. Lincoln Highway that are compatible with the proposed special use. In addition, the proposed use meets the recommendations of the City’s 2022 Comprehensive Plan. Conditions are suggested in the recommendation that will prohibit the use of the drive-through, ban smoking in the building and not allow an expansion of the building without an amendment to the special use permit. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The granting of the special use will not dominate the immediate area and will not prevent development on the neighboring properties. Much of the area is already developed with commercial uses and some multi-family housing. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. Adequate public services are already provided to the subject site. There is adequate parking on-site for the proposed special use. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. The proposed special use will not be detrimental to the permitted uses in the LC District. The proposed special use will be in compliance with the 2022 Comprehensive Plan, UDO and Municipal Code. Adequate parking is provided on the site. Conditions are suggested in the recommendation that will prohibit the use of the drive-through, ban smoking in the Page |3 building and not allow an expansion of the building without an amendment to the special use permit. IV. CITIZEN RESPONSE/COMMENTS The City received a Public Response Form from Sang Woo, owner of 1127 W. Lincoln Highway (Popeyes Louisiana Kitchen) indicating they do not support the request. No reason or comments were provided on the Form. V. RECOMMENDATION The staff recommends approval, and a sample motion is below. Sample Motion – Special Use Permit: Based upon the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit for a retail tobacco store at 1180 W. Lincoln Highway as shown on Exhibit A and subject to the following: 1. The existing drive-through on the east side of the building shall not be used in the operation of the special use. 2. There shall be no smoking in the existing building on the site. 3. The existing building shall not be expanded without an amendment to the special use permit. Page |4 EXHIBIT A 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, November 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 DINA 5 Inc d/b/a Smoker’s Choice represented by Omar Younis for approval of a special use permit for a retail tobacco store at 1180 W. Lincoln Highway. The subject site has a Parcel Identification Number (PIN) of 08-21-277-013 and is zoned “LC” Light Commercial District. 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, November 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