Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, December 19, 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. December 5, 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 Chapter 23 Unified Development Ordinance of the Municipal Code, to amend Article 7.17 “Retail Sale of Tobacco and Related Products” 2. Public Hearing – A petition by Jibraeel Silat for approval of a special use permit for a retail tobacco store at 901 Lucinda Ave., tenant space 901-P. 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 December 5, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION December 5, 2022 The Planning and Zoning Commission held a meeting on December 5, 2022, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. DeKalb, Illinois. Vice Chair Bill McMahon 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 and Vice Chair Bill McMahon. Max Maxwell was absent. Planning Director Dan Olson and City Engineer Zac Gill were present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair McMahon requested a motion to approve the December 5, 2022, agenda as presented. Mr. Wright motioned to approve the agenda as presented. Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. November 21, 2022 – Vice Chair McMahon requested a motion to approve the November 21, 2022, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Mr. Wright 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 Johnson Oil Co., represented by Kathy Peugh, requesting variances to the UDO to allow a food and beverage cooler within the 50- foot setback when abutting a residential district and parking spaces to encroach in the required setbacks for the property located at 175 W. Lincoln Highway (Shell Gas Station). Planning Director Olson covered the Staff Report dated December 1, 2022 and reminded the Commission a variance was previously approved for the site but a building permit was not obtained within six months, and per the UDO, the variances expired. He added the delay was due to contractor health issues. He stated the applicant re-applied for a variance and is now only requesting one food and beverage cooler (instead of two) within the setback and for parking spaces to encroach within the required setbacks. Planning and Zoning Commission December 5, 2022 Page 2 of 4 Mr. Olson explained the request meets all the requirements and criteria for a variance and no public comments have been received for this request. He stated the City staff recommends approval of this request. Vice Chair McMahon asked if there were any comments from the public in which there were none. Vice Chair McMahon asked if there were any questions or comments from the Commission members. Bill McMahon asked the applicant if a contractor was ready at this time to begin work on the project and if it would be completed in the next six months. Keith Peugh, representing Johnson Oil, responded by saying yes, the contractor’s health has improved, and an architect is lined up for the project. Jerry Wright asked if they have already started work on site. Keith Peugh replied no, just preliminary items have been looked into. Ms. Pena-Graham moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission approve a variance to Article 5.08.04 of the Unified Development Ordinance (UDO) to allow a beverage and food cooler to encroach within the 50-foot building setback from the rear lot line when abutting a residential district and from Article 12.03.3 of the UDO to allow parking spaces to encroach within the required setbacks in the front, side, and rear yards for the property located at 175 W. Lincoln Highway as shown on the site plane dated 11- 16-22, labeled as Exhibit A. Ms. O’Flaherty seconded the motion. A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham- Yes, Ms. Stoker- Yes, Mr. Wright- Yes, Vice Chair McMahon – Yes. Max Maxwell was absent. Motion passed 6-0-1. 2. Plat of Vacation– Portion of East Locust Street and North 8th Street (City of DeKalb). Planning Director Olson explained this request is related to a Redevelopment Agreement the City Council entered with Nehring Electrical Works Company along E. Locust St. in October of this year. City Engineer Zac Gill said there are significant demands for loading and offloading of trucks and traffic circulation issues along E. Locust Street between North 7th Street and North 10th Street and along N. 8th St. He added this area was developed over 90 years ago and there are very few options to make traffic flow better. Mr. Gill added the continued public use of E. Locust Street became unreliable due to truck staging within the public way. City Engineer Gill continued with the proposal of the City vacating portions of E. Locust St. between N. 7th St. and N. 10th St. and N. 8th St. between E. Lincoln Hwy. and E. Planning and Zoning Commission December 5, 2022 Page 3 of 4 Locust St. to create additional parking and loading areas. He stated a couple of benefits of this proposal is no police traffic enforcement along the roadways and the City would not be responsible for street maintenance. Nehring owns most of the area in question with American Marketing owning a section near N. 9th and 10th Streets. Mr. Gill added a cross access easement is being requested to ensure American Marketing has access to their property along E. Locust St. Mr. Gill informed the Commission the City is working with American Marketing to grant additional access to their building off N. 10th St. along with creating perpendicular parking stalls along N. 9th Street. Planning Director Olson noted the Redevelopment Agreement called for the rezoning of the properties Nehring owns to PD-I so this will come back in front of the Commission. Mr. Olson re-iterated truck traffic has become an issue on E. Locust Street and the City feels this is the best solution to rectify the situation. City Engineer Gill emphasized the only other party directly impacted is American Marketing who has their own agreement with the City Council and is pleased with this proposal. Mr. Becker inquired if Locust Street would be closed off on N. 9th Street so people who park on 9th Street cannot access E. Locust Street. City Engineer Gill responded the area along N. 9th Street and E. Locust will become Nehring’ s driveway and there will be a barrier curb with a grass terrace. He added the City will work with Nehring for signage to be placed at this location that states no entry or private drive. Bill McMahon wanted to make sure Nehring Electrical and American Marketing were both on board and there were no comments from the public. Planning Director Olson stated yes and there has been no public comments. Maria Pena-Graham questioned access for emergency vehicles and if they would be blocked from getting to one of Nehring’ s buildings if an emergency occurred. Mr. Gill stated it would be the same access as now. If trucks are staged as they are now, emergency vehicles may find it difficult to get access to buildings. Jerry Wright inquired if electronic barriers or other barriers would be added and asked if it would only be signage present. City Engineer Gill stated there would be no barrier to prevent a vehicle from turning on to E. Locust St. from N. 9th St. Steve Becker stated the City is ceding responsibility of maintenance of the roads to the company and inquired if there was a way to enforce the company to maintain the roadways. Planning Director Olson stated the City’s property maintenance code has requirements regarding conditions of driveways and private parking lots so a citation could be issued if it is not properly maintained. Bill McMahon asked City Engineer Gill if he had any data on how much the public uses this area of roadway per day/week. City Engineer Gill said he does not, and the public has not relied on this area of roadway a lot due to the challenges that have been discussed. Planning and Zoning Commission December 5, 2022 Page 4 of 4 Trixy O’Flaherty mentioned this seems like a creative solution for the challenges described. Ms. O’Flaherty moved the Planning and Zoning Commission recommend approval of the Plat of Vacation for E. Locust Street and N. 8th St. dated 11-15-22 prepared by Fehr Graham Engineering & Environmental as shown on Exhibit A subject to all necessary certificates being added prior to the recording of the Plat. Ms. Pena-Graham seconded the motion. A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham- Yes, Ms. Stoker- Yes, Mr. Wright- Yes, Vice Chair McMahon – Yes. Max Maxwell was absent. Motion passed 6-0-1. F. REPORTS Planning Director Olson announced the next scheduled Commission meeting will be held on Monday, December 19th which will consist of a hearing for a retail tobacco store at 901 E. Lucinda Ave. He added a hearing will also be held for text amendments to the UDO regarding retail tobacco stores. Mr. Olson stated there is currently nothing scheduled for the January 3rd meeting, and if cancelled a notice will be sent closer to the date. He informed the Commission the City Council approved the 145 Fisk Ave proposal at their last meeting on November 28. G. ADJOURNMENT Mr. Wright motioned to adjourn, Mr. Becker seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:27 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT December 15, 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 – Retail Tobacco Stores (City of DeKalb) BACKGROUND AND ANALYSIS The City of DeKalb is proposing text amendments to the Unified Development Ordinance (UDO) regarding Retail Tobacco Stores. The intent of the amendments is to clear up the language for Retail Tobacco Stores between the UDO and Chapter 64 “Smoking Regulations” of the Municipal Code. In addition, the proposed amendments will allow Retail Tobacco Stores in multi-tenant buildings if there is no smoking inside. In 2015 the City amended the 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. There are currently three legal non-conforming Retail Tobacco Stores in the City. The specific amendments to the UDO are as follows: 1. Amend Article 7.17.02.2 to add Retail Tobacco Stores to the PD-C and PD-I Districts as a special use if the governing Ordinance allows. The proposed amendment adds Retail Tobacco Stores as a special use in the PD- C and PD-I Districts if the governing Ordinance so allows. The determination to allow would be done at the time the standards are reviewed by the Planning and Zoning Commission and City Council.  2. Amend Article 7.17.02.3 to clarify the uses that cannot be located within 200 feet of a Retail Tobacco Store. The UDO requires that Retail Tobacco Stores be at least 200 feet away from the boundary of any residentially zoned property or a parcel occupied by a public or private kindergarten, elementary, middle, or high school. Chapter 64 of the Municipal Code requires a Retail Tobacco Store be at least 200 feet away from any property used for any public or private pre-school, elementary school, secondary school, or undergraduate or graduate college. The proposed amended language to the UDO clarifies the 200-foot setback language between the UDO and Chapter 64 and replicates the setback requirements for cannabis dispensaries. The proposed language would require a 200-foot setback to a nursery school, pre-school, primary, intermediate, or secondary school, daycare center, daycare home or an academic building or residence hall of a State university. 3. Amend Article 7.17.02 by adding item 5. and language that allows smoking in Retail Tobacco Stores only if the business is located in a freestanding building. Chapter 64 of the Municipal Code allows Retail Tobacco Stores only in freestanding buildings. The language doesn’t address the issue if there is no indoor smoking. The proposed amendment to the UDO adds language to allow Retail Tobacco Stores in multi-tenant buildings if there is no smoking inside. An amendment to Chapter 64 to remove the Retail Tobacco Store setbacks and freestanding building requirements is planned to be presented to the City Council in January along with the proposed UDO amendments. Language will be added to Chapter 64 stating Retail Tobacco Stores must comply with the provisions of the UDO. 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 Retail Tobacco Stores as indicated in Exhibit A of the staff report. Page |2  EXHIBIT A ARTICLE 7 SUPPLEMENTAL DISTRICT REGULATIONS 7.17 Retail Sale of Tobacco and Related Products 7.17.01 Purpose and Intent 1. This Ordinance is intended to protect the public health, safety, welfare and morals by establishing regulations to restrict the location of and/or create a setback between establishments which primarily engage in the retail sale of tobacco or similar products, and incompatible uses. 2. This Ordinance shall apply to any Retail Tobacco Store as defined in Chapter 64 of the City Code of Ordinances. The Definition of a Retail Tobacco Store, for purposes of this Ordinance, shall be as follows: “Retail Tobacco Store” means a retail store (or a divisible portion of a facility which is capable of being separated by virtue of walls, doors, partitions or other full or partial enclosures, which store or portion thereof satisfies the other requirements herein) which derives more than thirty (30) percent of its gross revenue from the sale of tobacco or nicotine products and accessories, inclusive of any device contemplated within the definition of “Smoking” below, or which dedicates more than twenty-five (25) percent of its total floor area or public display area to the storage or sale of such items. “Smoking” means a) inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form; b) inhaling or exhaling from, turning on, powering, ingesting or utilizing in any form any device intended for the atomization, charring, burning, piezoelectronic ignition of or ingestion of tobacco products or nicotine in any gaseous, smoke, aerosol, vaporous or other similar form, including but not limited to the use of any e-cigarette, personal vaporizer used with nicotine or tobacco derivatives, electronic nicotine delivery system, e-puffer, cartomizer or other similar device; c) use of any other device intended for the gaseous, smoke, aerosol, vaporous or other similar airborne ingestion of tobacco, tobacco derivatives, nicotine, or nicotine derivatives; or d) completing any of the foregoing actions utilizing any form of smoked, aerosolized, ionized, vaporous or similar airborne ingestion of marijuana, cannabis or any derivative thereof. Smoking shall not include non-airborne forms of tobacco, nicotine or medical cannabis ingestion such as use of chewing tobacco or use of nicotine patches. 7.17.02 Permitted Zoning Districts and Setback Requirements 1. Retail Tobacco Stores shall be a prohibited use in all zoning districts unless expressly permitted herein. 2. Retail Tobacco Stores shall be a special use in the following zoning districts: CBD, LC, GC, ORI, LI, HI. A Retail Tobacco Store may also be permitted in the PD-C and PD-I Districts as a special use if the governing Ordinance allows. 3. No Retail Tobacco Store shall be located within two hundred (200) feet of the boundary of any residentially zoned property containing a dwelling unit or a parcel occupied by a: i) nursery school, pre-school, primary, intermediate, or secondary school, daycare center, daycare home, or an academic building or residence hall of a State university. public or private kindergarten, elementary, middle, junior high or high school; 4. No Retail Tobacco Store shall be located within two hundred (200) feet of the boundary of any other Retail Tobacco Store, whether operating as a permitted, special, or legally non-conforming use. 7-1  4.5. Smoking is allowed in a Retail Tobacco Store only if the business is located in a freestanding structure occupied solely by the business and emissions from smoking do not migrate into any area where smoking is prohibited under the provisions of Chapter 64 “Smoking Regulations” of the Municipal Code. 5.6. Any violation of applicable building codes or fire life-safety codes or City-imposed inspection requirements shall constitute a violation of any zoning permission or special use permit granted hereunder. Upon a finding that an approved Special Use Permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Council shall have the authority to revoke the permit after affording the current property owner the right to be heard through due process or a public hearing with a due process hearing afforded. 6. Any violation of applicable building codes or fire life-safety codes or City-imposed inspection requirements shall constitute a violation of any zoning permission or special use permit granted hereunder. Upon a finding that an approved Special Use Permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Council shall have the authority to revoke the permit after affording the current property owner the right to be heard. 7.17.03 Development Review Standards 1. Any party seeking to open a Retail Tobacco Store shall be required to file all documents which would be required to demonstrate compliance with the terms of this Code, and any documents required to apply for and obtain a review of a proposed special use permit. 2. After a pre-application meeting with the Community Development Director or their designee, an applicant for a Special use shall be required to submit plans and documents as deemed necessary, 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, and Security Plan. Given the unique challenges and public safety threats posed by this use, the applicant shall also be required to file such additional documentation and provide such additional information as may be required by the City Manager, Community Development Director, Chief of Police, or Fire Chief or their designees. 7-2 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, December 19, 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 7.17 “Retail Sale of Tobacco and Related Products” to: add the PD-C and PD-I zoning districts to the list of districts where a retail tobacco store can locate with a special use permit; expand and clarify the uses that have to be at least 200 feet away from a retail tobacco store, add language to describe when a retail tobacco store must be in a freestanding building 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, December 19, 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  ARTICLE 7 SUPPLEMENTAL DISTRICT REGULATIONS 7.17 Retail Sale of Tobacco and Related Products 7.17.01 Purpose and Intent 1. This Ordinance is intended to protect the public health, safety, welfare and morals by establishing regulations to restrict the location of and/or create a setback between establishments which primarily engage in the retail sale of tobacco or similar products, and incompatible uses. 2. This Ordinance shall apply to any Retail Tobacco Store as defined in Chapter 64 of the City Code of Ordinances. The Definition of a Retail Tobacco Store, for purposes of this Ordinance, shall be as follows: “Retail Tobacco Store” means a retail store (or a divisible portion of a facility which is capable of being separated by virtue of walls, doors, partitions or other full or partial enclosures, which store or portion thereof satisfies the other requirements herein) which derives more than thirty (30) percent of its gross revenue from the sale of tobacco or nicotine products and accessories, inclusive of any device contemplated within the definition of “Smoking” below, or which dedicates more than twenty-five (25) percent of its total floor area or public display area to the storage or sale of such items. “Smoking” means a) inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form; b) inhaling or exhaling from, turning on, powering, ingesting or utilizing in any form any device intended for the atomization, charring, burning, piezoelectronic ignition of or ingestion of tobacco products or nicotine in any gaseous, smoke, aerosol, vaporous or other similar form, including but not limited to the use of any e-cigarette, personal vaporizer used with nicotine or tobacco derivatives, electronic nicotine delivery system, e-puffer, cartomizer or other similar device; c) use of any other device intended for the gaseous, smoke, aerosol, vaporous or other similar airborne ingestion of tobacco, tobacco derivatives, nicotine, or nicotine derivatives; or d) completing any of the foregoing actions utilizing any form of smoked, aerosolized, ionized, vaporous or similar airborne ingestion of marijuana, cannabis or any derivative thereof. Smoking shall not include non-airborne forms of tobacco, nicotine or medical cannabis ingestion such as use of chewing tobacco or use of nicotine patches. 7.17.02 Permitted Zoning Districts and Setback Requirements 1. Retail Tobacco Stores shall be a prohibited use in all zoning districts unless expressly permitted herein. 2. Retail Tobacco Stores shall be a special use in the following zoning districts: CBD, LC, GC, ORI, LI, HI. A Retail Tobacco Store may also be permitted in the PD-C and PD-I Districts as a special use if the governing Ordinance allows. 3. No Retail Tobacco Store shall be located within two hundred (200) feet of the boundary of any residentially zoned property containing a dwelling unit or a parcel occupied by a: i) nursery school, pre-school, primary, intermediate, or secondary school, daycare center, daycare home, or an academic building or residence hall of a State university. public or private kindergarten, elementary, middle, junior high or high school; 3. 4. No Retail Tobacco Store shall be located within two hundred (200) feet of the boundary of any other Retail Tobacco Store, whether operating as a permitted, special, or legally non-conforming use. 7-1  4. Smoking is allowed in a Retail Tobacco Store only if the business is located in a freestanding structure occupied solely by the business and emissions from smoking do not migrate into any area where smoking is prohibited under the provisions of Chapter 64 “Smoking Regulations” of the Municipal Code. 5. Any violation of applicable building codes or fire life-safety codes or City-imposed inspection requirements shall constitute a violation of any zoning permission or special use permit granted hereunder. Upon a finding that an approved Special Use Permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Council shall have the authority to revoke the permit after affording the current property owner the right to be heard. 6.5. Any violation of applicable building codes or fire life-safety codes or City-imposed inspection requirements shall constitute a violation of any zoning permission or special use permit granted hereunder. Upon a finding that an approved Special Use Permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Council shall have the authority to revoke the permit after affording the current property owner the right to be heard through due process or a public hearing with a due process hearing afforded. 7.17.03 Development Review Standards 1. Any party seeking to open a Retail Tobacco Store shall be required to file all documents which would be required to demonstrate compliance with the terms of this Code, and any documents required to apply for and obtain a review of a proposed special use permit. 2. After a pre-application meeting with the Community Development Director or their designee, an applicant for a Special use shall be required to submit plans and documents as deemed necessary, 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, and Security Plan. Given the unique challenges and public safety threats posed by this use, the applicant shall also be required to file such additional documentation and provide such additional information as may be required by the City Manager, Community Development Director, Chief of Police, or Fire Chief or their designees. 7-2  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT December 15, 2022 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Special Use Permit for a Retail Tobacco Store at 901 Lucinda Ave. – Tenant Space 901 P (Jibraeel Silat) I. GENERAL INFORMATION A. Purpose Establishment of a Retail Tobacco Store B. Location/Size 901 Lucinda Ave., Tenant Space 901 P/1.5 acres C. Petitioner Jibraeel Silat D. Existing Zoning “LC” Light Commercial District E. Existing Land Use Multi-tenant commercial building F. Surrounding Zoning and Land Use North: “LC”; Parking Lot, Church South: “NIU”; NIU Campus East: “LC” and “MFR2”; Parking Lot, Multi- Family Residential West: “LC”, Multi-Family Residential G. Comprehensive Plan Designation Commercial and High Density Residential II. BACKGROUND AND ANALYSIS The petitioner, Jibraeel Silat, is requesting approval of a special use permit for a retail tobacco store in tenant space 901-P at the Village Commons Bookstore Building at 901 Lucinda Ave. The proposed tenant space is 2,010 sq. ft. and located on the upper level at the west end of the building between Dominos and Graham Crackers Comics. The subject site is zoned “LC” Light Commercial District and retail tobacco stores are a special use. 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. The proposed location of the retail tobacco store at 901 Lucinda Ave., tenant space 901 P meets the setback regulations in the UDO. Currently 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. A public hearing for a proposed text amendment to the UDO is occurring the same evening as the hearing for the proposed special use at 901 Lucinda Ave. The proposed text amendment would allow retail tobacco stores in multi-tenant buildings if there is no smoking inside. There are also text amendments clarifying the setback requirements and moving language from Chapter 64 to the UDO. The petitioner indicates in their summary letter they have over 20 years of experience with five other stores with four in the Chicago area. They also note they are committed to customer satisfaction, safety and compliance with state and local laws and regulations. There will be no smoking in the establishment and the proposed hours will be Monday- Saturday, 9:00 am to 12:00 am and Sundays from 10:00 am to 10:00 pm. The business will sell products consisting of tobacco pipes, glass products, CBD, cigarettes, and electronic vapor products. Conditions are suggested in the recommendation that will ban smoking in the tenant space and not allow an expansion of the space without an amendment to the special use permit. There is adequate parking to the east and north sides of the building. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special use will comply with all regulations of the “LC” Light Commercial District and Article 7.17 “Retail Sale of Tobacco and Related Products” of the Unified Page |2 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 building contains a variety of commercial and service uses 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 smoking in the proposed tenant space and not allow an expansion of the space 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 a variety of commercial uses, the NIU campus 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 tenant space. There is adequate parking to the east and north sides of the building. 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 smoking in the subject tenant space and not allow an expansion of the space without an amendment to the special use permit. Page |3 IV. CITIZEN RESPONSE/COMMENTS As of the posting of the agenda on December 15, the City has not received any public comments. 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 901 Lucinda Ave., tenant space 901 P as shown on Exhibit A and subject to the following: 1. There shall be no smoking in tenant space as shown on Exhibit A. 2. The existing tenant space as shown on Exhibit A shall not be expanded without an amendment to the special use permit. Page |4 EXHIBIT A  New Business Use Proposal: Smoke Shop Pipes and Stuff Proposed Address: 901 Lucinda Ave Unit #901P, DeKalb, IL 60115 Company Overview: The Company is made up of business owners, with retail experience for over 20+ years. Our organization is built on transparency, compliance, and a personal commitment to establish a working footprint for success. These fundamental principles will be embedded throughout the term of the business to assure customer satisfaction, safety, and compliance with state laws and regulations. Business Description: The business operation is strictly retail. No smoking on site or outside the premises is allowed. The business will sell tobacco related products and accessories only. Some of these products consist of Tobacco Pipes, Glass products, CBD, Cigarettes, and Electronic Vapor products. The company will follow all state and local rules and regulations, as we have other business across the state and are in good standing. Business Hours: Monday- Saturday: 9:00am-12:00am Sunday: 10:00am-10:00pm Locations of current Businesses: 1. Novelties and Stuff 3248 N Clark St Chicago IL, 60657 2. Smoke Shop Pipes & Stuff: 1333 W Taylor St Chicago, IL 60607 3. Smoke Shop Pipes & Stuff 1011 S Rand Rd Lake Zurich, IL 60047 4. Smoke Shop Pipes & Stuff 5610 State RTE 31. Crystal Lake, Il 60014 5. Pipes & Stuff 2384 Hempstead Tpke East Meadows, NY 11554 Proposed Unit 901-P: Smoke Shop Pipes & Stuff