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Planning & Zoning Commission

Regular Meeting

DeKalb, IL · February 6, 2023

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Minutes

Planning and Zoning Commission February 6, 2023 Page 1 of 6 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION February 6, 2023 The Planning and Zoning Commission held a meeting on February 6, 2023, 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 6:02 PM. A. ROLL CALL Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Trixy O’Flaherty, Shannon Stoker, Jerry Wright, and Vice Chair McMahon. Steve Becker, Maria Pena-Graham, and Max Maxwell were absent. Planning Director Dan Olson, City Manager Bill Nicklas, and City Engineer Zac Gill were also present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair McMahon requested a motion to approve the February 6, 2023, agenda as presented. Mr. Wright motioned to approve the agenda as presented. Ms. Stoker seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. December 19, 2022 – Vice Chair McMahon requested a motion to approve the December 19, 2022, minutes as presented. Ms. O’Flaherty 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 Canndid Spirit Too, LLC represented by Crystal Anderson for approval of a special use permit for a cannabis business establishment (cannabis dispensary) at 305 E. Locust Street. Nakia McAdoo, founding partner of Canndid Spirit LLC, introduced another founding partner, Crystal Anderson, Marty McDonald from their construction team, and Ed Brania from their security team (SMG). She expressed their appreciation to hopefully make DeKalb home to Excelleaf Dispensary. Ms. McAdoo spoke on Canndid Spirit’s background which started with three nurses, with over 60 years collective experience, and a veteran partner who focuses on providing trusted cannabis products. She continued by stating one of their goals is to remove the stigmas attached to cannabis and to promote the full legalization of this plant medicine. Planning and Zoning Commission February 6, 2023 Page 2 of 6 Ms. McAdoo explained they were awarded a dispensary license in 2020 in the Northwest Illinois Region and saw the growth occurring in DeKalb with no dispensary within a 35-mile radius. She went on to inform the Commission of the plans for the building including adding an ADA ramp to the front entrance along E. Locust St. She stated the hours of operation would start out being 9:00 a.m. to 9:00 p.m. and anyone under the age of 21 would not be employed or allowed on the premises. Nakia McAdoo noted they will have an online platform to complete orders that could be picked up in store to alleviate crowding and lines outside of the store. She added Excelleaf will maintain a discreet storefront and signage will follow state and local regulations. Planning Director Olson covered the Staff Report dated February 2, 2023, and mentioned the site is zoned Central Business District which requires a special use permit for cannabis dispensaries. Mr. Olson explained there was a change in regions for State licenses being issued and the applicant was granted a license for the area (Region #14 – Northwest Illinois Nonmetropolitan), which DeKalb County is located in. He went on to explain Canndid Spirit Too, LLC has a craft grower license and an adult use transporter license through the State. Mr. Olson continued stating the UDO setback standards for dispensaries are 250 feet from nursery schools, public/private schools, daycare centers, and NIU academic buildings and dormitories. He added the subject site complies with the setback standards in the UDO. He noted the building was a credit union in the past and it has been vacant for about a year and a half. Mr. Olson showed the site plan and added there will be three parking spaces with an additional handicap space east of the building and there are approximately 340 public/semi-public parking spaces within a four-block area. Planning Director Olson touched on the ADA ramp adding that four feet of the 10-foot public right-of-way along E. Locust St. will used for the ramp, leaving six feet available for the public walk. He added the applicant will likely apply for an AIP grant to help fund the construction of the ADA ramp. Mr. Olson noted a security plan approved by the Police Department is one of the conditions for this permit along with no onsite consumption of cannabis. He stressed this proposal follows the regulations of the UDO and Comprehensive Plan, would provide additional revenue for the City, and meets the health needs of the community. Mr. Olson said there were no public comments received and the City approves the request for a special use permit. Vice Chair McMahon asked if there were any comments from the public. DeWayne Brown of 520 Prospect Street said he spoke at a City Council meeting in 2016 recommending approval a medical cannabis dispensary along Peace Road. He mentioned they never opened due to not receiving a license from the State. He continued with many other dispensaries attempting to open with no luck. Mr. Brown exclaimed his strong approval for this proposal stating DeKalb has needed a dispensary for years. Planning and Zoning Commission February 6, 2023 Page 3 of 6 Vice Chair McMahon asked if there were any questions or comments from the Commission members. Shannon Stoker asked about the location and if there would be conflicts with Corn Fest and asked if the applicant objected to the parking lot to the north being closed during the festival. Planning Director Olson stated the applicants were made aware of the location of Corn Fest. Nakia McAdoo and Crystal Anderson stated they were made aware of Corn Fest and there was no objection. Jerry Wright asked if the projected revenue could be provided at this time. Ms. McAdoo does not have projected City figures with her but added the State of Illinois made $1.5 billion last year with $144 million in the month of December alone. Mr. Wright inquired on the number of employees they plan to hire. Ms. McAdoo answered 10 full-time and 10 part-time employees not including security. Mr. Wright wanted more information on the future retail space in the building. Nakia McAdoo explained this area will be designated to sell merchandise related to cannabis products and clothing. It may also be used as an education and event space. Bill McMahon stressed he has a few concerns with the proposed location and touched on the 250-foot setback in the UDO from schools, daycare centers, etc. He said the City is not following the spirit of the law regarding the setback requirements. He noted a dance school called Just For Kix is located just north of the subject site whose clientele is preschool and grade school children. Mr. McMahon added the Monat Building is a State University building staffed by graduate students and has classes. He also mentioned Debutantes is a cosmetology school along N. 3rd St. near the proposed location as well. Mr. McMahon voiced one last concern of property values in the surrounding area being negatively affected if this is approved. Planning Director Olson told the Commission the intent of the setback regulations for academic halls was meant for buildings on campus that routinely conducted classes. Mr. Olson spoke on the security measures at dispensaries, noting it will be a discreet facility, and it will not devalue surrounding properties. City Manager Nicklas added this proposed location will be a secure environment to legally purchased cannabis and probably more secure than liquor establishments in the surrounding area. Mr. Nicklas believes a cannabis dispensary will add value to surrounding properties. Nakia McAdoo respects concerns and assured it will be a well-run, discreet business and these dispensaries have shown to add value to surrounding buildings in other areas. Jerry Wright questioned how this business will promote themselves. Nakia McAdoo responded there are strict regulations on advertising a cannabis business. She noted most is done by word of mouth, the internet, and social media. Bill McMahon asked if employees had to be certified to work at a dispensary. Ms. McAdoo explained the State mandates the quantity that can be sold to an individual Planning and Zoning Commission February 6, 2023 Page 4 of 6 and the product must leave the store in a sealed package. Crystal Anderson spoke on all employees being certified and they have to go through an 8-hour training course annually. Ms. O’Flaherty moved that based on 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 cannabis business establishment (cannabis dispensary) at 305 E. Locust St. as shown on the Site Plan dated 1-09-23 labeled as Exhibit A and subject to the following: 1. There shall be no onsite consumption of cannabis in tenant space as shown on Exhibit A without an amendment to the special use permit. 2. The applicant shall comply with the restrictions of Article 7.18 of the Unified Development Ordinance for “Cannabis Business Establishments” and have an approved security plan with the Police Department prior to a final certificate of occupancy. Ms. Stoker seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker- Yes, Mr. Wright- Yes, Vice Chair McMahon – No. Steve Becker, Maria Pena-Graham, and Max Maxwell were absent. Motion passed 3-1-3. 2. Public Hearing– A petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend Article 12 “Off-Street Parking, Loading and Storage Requirements” of the UDO regarding design, landscaping, parking setback, and locational requirements, minimum parking space requirements, and other miscellaneous amendments. Planning Director Olson covered the Staff Report dated February 2, 2023, and discussed this was a comprehensive amendment to the parking regulations and involves several miscellaneous amendments also. He added none of the amendments will make the regulations stricter and will allow flexibility to the standards. Mr. Olson started with the language allowing alternate surfaces for mainly storage areas in industrial sites where accessibility to the public is not allowed. He stated currently these areas must be fully paved and the proposed amendment permits alternate surfaces approved by the City Engineer. He added there are a few conditions including the site must be in the General Commercial, Light or Heavy Industrial Districts only. In addition, the area cannot be accessible to the public, be within 50 feet of a residential zoned area, and be in the front of the building. Mr. Olson moved to the second amendment involving the location of parking facilities for residential uses if required parking is not available onsite. He explained if there is an agreement with an adjacent landowner, parking can be accommodated within 300 feet of the property. Sorority, fraternity, and rooming houses would be added as a part of the amendment. He continued with proposed amendments for parking setbacks, curbing, and driveways abutting alleyways. Planning and Zoning Commission February 6, 2023 Page 5 of 6 Planning Director Olson mentioned the current landscaping standards require shrubbery and berming along a parking lot fronting a street. He said providing both in a 10-foot setback area can be very difficult. Mr. Olson said the proposed amendment would require one or the other, not both. He added the amendments allow for flexibility for landscaping on a site-by-site basis. Mr. Olson discussed the proposed amendment allowing the sharing of parking up to 25% if operating at different times. He went on to describe the amendments for the parking requirements based on use. Mr. Olson added the intent was to make sure the number of spaces required actually met the parking demand of the use. He stated restaurants, multi-family housing, and Greek Housing were the main areas addressed. Zac Gill addressed the Commission and said this was more of a philosophical exercise from an engineering standpoint. He explained the City is trying to avoid all or nothing scenarios in relation to hard surfaced outdoor storage areas that take away from investment and improvements to a site. 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. Trixy O’Flaherty liked the addition of flexibility for City staff and added it makes sense, is business friendly, efficient and prevents people from having to jump through hoops. Ms. Stoker moved that based upon the submitted petition and testimony presented, the Planning and Zoning Commission recommend to the City Council approval of text amendments to the Unified Development Ordinance regarding the parking regulations as indicated in Exhibit A of the staff report. Mr. Wright seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker- Yes, Mr. Wright- Yes, Vice Chair McMahon – Yes. Steve Becker, Maria Pena-Graham, and Max Maxwell absent. Motion passed 4-0-3. F. REPORTS Planning Director Olson announced the next scheduled meeting is set for Tuesday, February 21st with one hearing scheduled so far. The hearing is for 1104-1106 Lewis St. where the owner of a duplex is looking to split the lot and a special use permit is required. Mr. Olson discussed the amendments to Chapter 21 of the Municipal Code regarding the Planning and Zoning Commission that were handed out. Mr. Olson said the City Council approved the special use permit in January for a retail tobacco store at 901 Lucinda Ave. G. ADJOURNMENT Planning and Zoning Commission February 6, 2023 Page 6 of 6 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 6:59 PM. Minutes prepared by: Stephanie Turner Approved: February 21, 2023

Agenda

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, February 6, 2023 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 19, 2022 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Canndid Spirit Too, LLC represented by Crystal Anderson for approval of a special use permit for a cannabis business establishment (cannabis dispensary) at 305 E. Locust Street. 2. Public Hearing – A petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend Article 12 “Off-Street Parking, Loading and Storage Requirements” of the UDO regarding design, landscaping, parking setback, and locational requirements, minimum parking space requirements, and other miscellaneous amendments. 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 19, 2022 Page 1 of 4 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION December 19, 2022 The Planning and Zoning Commission held a meeting on December 19, 2022, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. 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, Bill McMahon, and Chair Max Maxwell. Jerry Wright was absent. Planning Director Dan Olson was also present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Maxwell requested a motion to approve the December 19, 2022, agenda as presented. Ms. Stoker 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. December 5, 2022 –Chair Maxwell requested a motion to approve the December 5, 2022, minutes as presented. Ms. O’Flaherty 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. 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”. Planning Director Olson covered the Staff Report dated December 15, 2022, by stating there was an amendment to the UDO in 2015 defining retail tobacco stores and their requirements. Mr. Olson explained the 200-foot setback from residential properties, schools and other retail tobacco stores. He mentioned there are amendments to the UDO which are presented tonight and amendments to Chapter 64 of the Municipal Code in which the City Council will address. He added this is being done to move all the standards for retail tobacco stores to the UDO. Mr. Olson continued and said the PD-C and PD-I districts are to be added to the list of locations where special use permits are to be allowed for retail tobacco stores. He Planning and Zoning Commission December 19, 2022 Page 2 of 4 stated there are discrepancies between Chapter 64 and the UDO for setback regulations near schools and the language used in the cannabis dispensary setback guidelines would be used for retail tobacco stores. Mr. Olson informed the Commission that Chapter 64 states these stores must be in freestanding buildings and this amendment would remove the requirement to be in a freestanding building if there is no smoking inside. 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. Steve Becker, Trixy O’Flaherty, and Max Maxwell all agreed it made sense to document the regulations all in one location. Ms. Stoker moved that based on the submitted petition and testimony presented, 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. 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. McMahon- Yes, Chair Maxwell – Yes. Jerry Wright was absent. Motion passed 6-0-1. 2. Plat of Vacation– 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. Hamd Kamal spoke for the applicant stating their company has been in operations for about 20 years with retail and hospitality experience. He described the proposed business as being strictly retail and there would be no smoking inside the premises. Mr. Kamal said they currently own six locations, five in Illinois, and one in New York and all follow state and local regulations. Mr. Kamal mentioned some of products that would be sold at their location include tobacco products and accessories, pipes, CBD products, cigarettes, and electronic vapes. He stated the business hours would be Monday-Saturday 9:00 a.m. to 12:00 a.m. and Sunday 10:00 a.m. to 10:00 p.m. Planning Director Olson covered the Staff Report dated December 15, 2022 and stated the proposed store would be located on the upper level in the Village Commons Bookstore strip center which is zoned “LC, Light Commercial. He said the proposal meets all the requirements for the special use permit. He added the applicant has experience with other locations in Illinois. Mr. Olson noted two conditions are recommended for this request, one being no smoking inside the building, and the other not allowing an expansion of the tenant Planning and Zoning Commission December 19, 2022 Page 3 of 4 space without an amendment to the special use permit. He added there is plenty of parking for this location and they meet all criteria for a special use permit. Mr. Olson added there was no public comment received on this matter and the City staff recommends approval. 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. Maria Pena-Graham stated as a mother, business owner, and community member, she is against this proposal and feels DeKalb does not need another smoke shop. She also mentioned that vaping is a major problem at DeKalb schools. She sells property in DeKalb and does not think this is sending a good message. Mr. Becker responded the Commissioners are all a little reluctant in regard to retail tobacco stores due to legislating behavior. He said he is not in favor of smoking on a personal basis but does not want to deny a business if they are abiding by the rules. Mr. Becker questioned how they would regulate smoking off the premises. Hamd Kamal replied that everyone coming into the store must be of legal age and they enforce the checking of ID’s and have ID scanners. Mr. Kamal stated he is willing to put up signage to help deter smoking near the premises. Planning Director Olson noted the business will have to obtain a retail tobacco license through the City Council which includes background checks and many restrictions. He reminded the Commission they need to look at the criteria for special uses in the UDO for the proposals that come before them. Mr. Becker reiterated his concerns but stated if they follow the requirements, the Commission cannot regulate where retail tobacco stores are located. Mr. Maxwell stressed it is a competitive market and individuals will find a place to obtain tobacco products. Mr. Becker moved 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 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. Ms. O’Flaherty seconded the motion. Planning and Zoning Commission December 19, 2022 Page 4 of 4 A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham- No, Ms. Stoker- Yes, Mr. McMahon- No, Chair Maxwell – Yes. Jerry Wright was absent. Motion passed 4-2-1. F. REPORTS Planning Director Olson announced the next scheduled meeting is set for January 3rd, although nothing is scheduled at this point and the meeting will be cancelled closer to the date. He said the 2023 Schedule of Meetings was sent out to the Commissioners and the meetings marked with an asterisk are scheduled on Tuesday’s due to holidays. Mr. Olson informed the Commission the Council approved the Plat of Vacation for Locust Street at their last meeting. He thanked the Commission for their hard work in 2022 and wished them happy holidays. G. ADJOURNMENT Ms. Pena-Graham 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 6:21 PM. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT February 2, 2023 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Special Use Permit for a Cannabis Business Establishment (Cannabis Dispensary) at 305 E. Locust St. (Canndid Spirit Too, LLC) I. GENERAL INFORMATION A. Purpose Establishment of a Cannabis Dispensary B. Location/Size 305 E. Locust St./.17 acres C. Petitioner Canndid Spirit Too, LLC represented by Crystal Anderson D. Existing Zoning “CBD” Central Business District E. Existing Land Use Vacant commercial building F. Surrounding Zoning and Land Use North: “CBD” and “LC”; Public Parking Lot, Commercial Uses South: “CBD”; Institutional, Various Commercial Uses East: “CBD”; Various Commercial Uses West: “CBD”, Various Commercial Uses G. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The petitioner, Canndid Spirit Too, LLC represented by Crystal Anderson, is requesting approval of a special use permit for a cannabis business establishment (cannabis dispensary) in the vacant building at 305 E. Locust St. The building is approximately 3,700 sq. ft. and the applicant will initially take up about 75% of the floor space. A future retail area is proposed at the southeast corner of the building. The subject site is zoned “CBD” Central Business District and cannabis dispensaries are a special use in the district. A “Cannabis Business Establishment” is defined in the Unified Development Ordinance (UDO) as “an adult-use cannabis dispensing organization and a medical cannabis dispensing organization.” Canndid Spirit Too, LLC was issued a conditional license by the Illinois Department of Financial and Professional Regulation in July, 2022 for BLS Region #14: “Northwest Illinois Nonmetropolitan”, which includes DeKalb County. Canndid Spirit Too, LLC will be doing business as Excelleaf Dispensary. The agent for the LLC is Crystal Anderson and the managers are Crystal Anderson, Nakia McAdoo, Brian Garner and Maria Davis. The petitioners do not currently operate any other cannabis dispensary, however they do have two other cannabis licenses: one Adult Use Craft Grower License and one Adult Use Transporter License. The applicants note they are transitioning to the cannabis industry from the healthcare industry. In addition to being Advanced Practice Nurses for over 60 collective years, they have each run a variety of businesses including a real estate company, a staffing company and a medical legal consulting business. Cannabis business establishments (cannabis dispensaries) are regulated in the UDO in Article 7.18. They are required to be setback at least 250 feet from a nursery school, pre- school, primary or secondary school, daycare center, daycare home, or an academic building or residence hall of a State University. The proposed location meets the setback requirements of the UDO. The William R. Monat Building to the south across Locust St. is owned by NIU and is considered a research and outreach facility and contains the Center for Governmental Studies and other offices. The building on the subject site formerly contained DeKalb County Credit Union and most recently the Vibrant Credit Union. Per the UDO, the subject site is located in an area that is not required to have on-site parking. Nevertheless, there are three standard parking spaces and one handicap space proposed on the site to the east of the building. There are approximately 340 public or semi-public parking spaces provided in a one block area (bounded by N. 4th St., Oak St., N. 2nd St. and E. Lincoln Hwy.). The drive-through on the north side of the building will be removed and will become a one-way access to N. 3rd St. The applicant will be making modifications to the front entrance and sidewalk along E. Locust St. to make it handicap accessible. There is a 10 foot wide public walk outside the building along E. Locust St. A four (4) foot wide accessible concrete ramp and stairs will be added to allow access to the front door. A six foot (6) wide area will remain for the public walk. The applicant will likely apply for funds from the Architectural Improvement Program (AIP) available in TIF #3 to help pay for the improvements. Page |2 The UDO has other requirements regarding all cannabis business establishments and the applicant has stated in their summary they will comply with them. The business will operate during the hours as limited in the UDO, which is 6:00 a.m. to 10:00 p.m. As a condition of approval, staff is recommending that a security plan be approved between the Police Department and applicant prior to final occupancy of the space. A condition is also suggested that bans the consumption of cannabis in the subject building unless an amendment to the special use permit is approved. By way of reference, on April 27, 2020, the City approved a special use permit for a cannabis dispensary at 818 W. Lincoln Highway (Junction Shopping Center) for NuMed Partners. The Ordinance required the applicant obtain a state issued license within one year after approval. Due to COVID-19 restrictions and legal delays in the granting of licenses at the State level, the applicant received two extensions from the City. The current extension expires on July 1, 2023. The applicant has not received a State license at this writing. 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 “CBD” Central Business District and Article 7.18 “Cannabis Business Establishment” of the Unified Development Ordinance (UDO). Adequate parking is provided in the area and the applicant will provide a security plan meeting the requirements of the Police Department. 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 “CBD” Central Business District for decades. The subject site is in proximity to a variety of other commercial uses including business offices, restaurants, and other retail and service uses. One of the conditions with the special use permit is an approved security plan with the Police Department prior to a final certificate of occupancy. In addition, the proposed use meets the recommendations of the City’s 2022 Comprehensive Plan. A condition is suggested in the recommendation that will prohibit cannabis consumption in the proposed tenant space unless an amendment to the special use is obtained. 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. Page |3 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. With the recommended conditions, the proposed cannabis business will operate in a manner that is not detrimental to the surrounding neighborhood. 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. A total of four parking spaces are proposed on-site and approximately 340 public or semi-public spaces are provided in a one block area from the property. The previous use of a credit union has a parking demand that will be similar to the proposed cannabis dispensary. A full alarm and security system including lighting and surveillance cameras will be added to the facility. 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 “CBD” District. The proposed special use will be in compliance with the 2022 Comprehensive Plan, UDO and Municipal Code. Adequate parking is provided on-site, along the adjacent streets and in nearby public parking lots. The proposed cannabis dispensary will take up a vacant commercial building in the downtown area and will be an economic benefit to the City. As extensively documented by academic research on the subject, cannabis dispensaries pose no threat to the public health, safety, morals, or general welfare of a community. Conditions are suggested in the recommendation that will prohibit cannabis consumption in the subject building unless an amendment to the special use permit is obtained. IV. PUBLIC RESPONSE/COMMENTS As of the posting of the agenda on February 2, the City has not received any written comments from the public. V. RECOMMENDATION The proposed special use request will allow a cannabis dispensary in a location that meets all the current requirements of the UDO. In addition, the proposed cannabis dispensary will take up a vacant commercial building in the downtown area and will be an economic benefit to the City. Page |4 The staff recommends approval, and a sample motion is provided 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 cannabis business establishment (cannabis dispensary) at 305 E. Locust St. as shown on the Site Plan dated 1-09-23 labeled as Exhibit A and subject to the following: 1. There shall be no onsite consumption of cannabis in tenant space as shown on Exhibit A without an amendment to the special use permit. 2. The applicant shall comply with the restrictions of Article 7.18 of the Unified Development Ordinance for “Cannabis Business Establishments” and have an approved security plan with the Police Department prior to a final certificate of occupancy. Page |5 Candid Spirit Too is an Adult-use Cannabis Dispensing Organization/ 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. Candid Spirit Too dba Excelleaf dispensary will not prevent development and use of neighboring property, will not impact adjacent existing and future land uses, will not impact adjacent property values, nor impact the general public’s health, safety, and welfare. The Dispensary located at 305 East Locust is located greater than 250 feet of the property line of a nursery school, preschool, primary or secondary school, daycare center, daycare home, or an academic building or residence hall of a State university. The Dispensary located at 305 East Locust complies 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).The parking shall be located in an area which is visible from a public road. Also, the 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. The Dispensary will not operate 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. Signage shall comply with the standards of the underlying zoning district. The Dispensary will not 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. 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. The Dispensary will not 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). We will operate between the hours of 6:00 a.m. to 10:00 p.m. The Dispensary will comply with all applicable laws, ordinances, regulations, statutes or other regulatory authority applicable thereto, including but not limited to the State and the City of Dekalb governing statute. Violation of any applicable law or regulation shall constitute a violation of any zoning authority or special use permit granted hereunder. BUILDING ENTRANCE RELOCATE EXISTING SIGN VIEW TO EAST POST TO THE WEST TOWARDS THE INTERSECTION OF 3RD 2022-11-18 STREET DEKALB IS CONCERNED ABOUT THE CAR OVERHANG TAKING AWAY FROM THE WIDTH OF THE PUBLIC ACCESSIBLE ROUTE. IT APPEARS THAT A MINIMUM OF 4'-0" WILL BE PROVIDED. DEKALB WILL ACCEPT A MINIMUM OF 4'-0" FOR THE ACCESSIBLE PUBLIC ROUTE. AREA OF NEW WORK --- REMOVE CONCRETE SIDEWALK AND TWO ROWS OF PAVERS IN THIS AREA. REPLACE WITH NEW CONCRETE SIDEWALK. ONE ROW OF PAVERS TO REMAIN 4'-0" 6'-0" 6'-0" PUBLIC SIDEWALK TO REMAIN 4'-0" WIDE ACCESSIBLE CONCRETE RAMP AND STAIRS 10'-0" 10'-0" EXISTING PUBLIC SIDEWALK Proj. Mgr. DEMOLITION KEY NOTES JP 1. ALL LINEWORK SHOWN IN HALFTONE AND AREAS Job Capt. HATCHED AND NOTED AS N.I.C. REPRESENT EXISTING CONDITIONS TO REMAIN JP Drawn by 2. ALL DIMENSIONS ARE MEASURED TO FACE OF WALL U.N.O. EF 3. CAREFULLY REMOVE WALLS AND DOORS SHOWN AS Rev'd by Signature: HATCHED. Current Date: JP License Exp. Date: 4. PATCH AND REPAIR EXISTING CONDITIONS THAT HAVE BEEN DAMAGED AND AFFECTED BY DEMOLITION. 5. PREP FLOOR WHERE DEMO OCCURS TO RECEIVE NEW FLOORING. DEMOLITION KEY NOTES REMOVE EXISTING VAULT. REMOVE EXISTING FLOOR FINISHES THROUGHOUT - PREP FLOORS TO RECEIVE NEW FINISHES - SEE A6.0 FOR FINISH PLAN 9'-11" SAWCUT AND REMOVE PUBLIC SIDEWALK IN AREA SHOWN HATCHED. EXCAVATE FOR FOUNDATIONS FOR NEW STAIR, RAMP, AND ENTRANCE PLATFORM REMOVE EXISTING CITY SIDEWALK SIGN AND RELOCATE AS DIRECTED BY THE CITY OF DEKALB ENGINEERING DEPARTMENT. REMOVE EXTERIOR MASONRY WALL. REMOVE EXTERIOR WINDOWS (15 LOCATIONS) REMOVE EXTERIOR WALL DOWN TO A SILL HEIGHT TO MATCH A TYPICAL WINDOW SILL HEIGHT. REMOVE CEILING GYP. BOARD IN AREA SHOWN TO EXPOSE EXISTING ROOF TRUSSES. DESCRIPTION DATE SYMBOLS LEGEND REVISIONS COPYRIGHT THIS DOCUMENT IS THE PROPERTY OF ARCHIDEAS, INC. AND NO PART HEREIN SHALL BE USED EXCEPT FOR THIS SPECIFIC PROJECT WITHOUT CONSENT OF ARCHIDEAS, INC. EXISTING WALL CONSTRUCTION TO REMAIN 41'-4" WALLS/DOORS TO BE REMOVED SURFACE AREA TO BE REMOVED Illinois Reg. # 184-000639 311 W. Superior St., Suite 410, Chicago, Illinois 60654 Project MJ ORGANICS +/- 4'-1" CANNABIS DISPENSARY +/- 37'-0" 305 E. LOCUST DEKALB, IL DET000 Sheet Title DEMOLITION PLAN 01 DEMOLITION FLOOR PLAN Date 12.08.22 Project No. 2022010 Sheet No. A1.0 Proj. Mgr. GENERAL NOTES JP 1. ALL LINEWORK SHOWN IN HALFTONE AND AREAS Job Capt. HATCHED AND NOTED AS N.I.C. REPRESENT EXISTING CONDITIONS TO REMAIN JP Drawn by 2. ALL DIMENSIONS ARE MEASURED TO FACE OF WALL U.N.O. EF 3. REFER TO SHEET AXX FOR DOOR SCHEDULE AND SHEET Rev'd by Signature: AXX FOR PARTITION TYPES Current Date: JP License Exp. Date: 4. PATCH AND REPAIR EXISTING CONDITIONS THAT HAVE BEEN DAMAGED AND AFFECTED BY DEMOLITION CONSTRUCTION KEY NOTES SIM FUTURE CONSTRUCTION SHOWN HATCHED. PROVIDE PLUMBING ROUGH-IN STANDARD 36"W X 24" D TWO DRAWER CABINET - MILANIA BY PROCRAFT (AVAILABLE AT ROCK COUNTER) FINISH MURATTI TEXTURED. SEE ELEVATIONS AND DETAILS FOR FURTHER INFO. EXIT STANDARD 36"W X 24" D TWO DRAWER CABINET - MILANIA BY PROCRAFT VESTIBULE (AVAILABLE AT ROCK COUNTER) FINISH MURATTI TEXTURED. SEE DETAILS 1" 109 111 112 4'-12 109A 109B WELLNESS FOR TOP DRAWER CONFIGURED FOR DISPLAY WITH INTERNAL LED TAPE ROOM LIGHT. BUDGET ALLOWANCE FOR (12) BASE CABINETS AND (5) WALL 112 CABINETS IS $12,000 7'-5" EQ.2 STANDARD 36"W X 12" D WALL CABINET ON TOE KICK - MILANIA BY 107 GREEN PROCRAFT (AVAILABLE AT ROCK COUNTER) FINISH MURATTI TEXTURED. WASTE BREAK 1'-10" BUDGET ALLOWANCE FOR (12) BASE CABINETS AND (5) WALL CABINETS IS 110 ROOM $12,000 4'-13 111 4" PROVIDE 3CM QUARTZ WATERFALL EDGE 3CM QUARTZ COUNTERTOP WITH CUT OUT FOR GLASS DISPLAY WERE EQ.2 TOILET 113 INDICATED. SEE DETAILS 8'-5" TOILET 108 107 EQ.1 4'-6" 1'-0" GLASS DISPLAY CUTOUT. SEE DETAILS 1" 1" 15'-32 4'-12 108 PROVIDE 12" DEEP CABINETS AND QUARTZ COUNTERTOP EQ.1 EQ.3 4'-5" KNEE WALL WITH STEEL POSTS AS REQUIRED FOR LATERAL STABILITY EQ.2 WITHIN THE STUD WALL. OFFICE SIM VAULT WALLS AND CEILING TO HAVE SECURITY METAL WIRE MESH BEHIND 113 GYP. BOARD. SECURITY/IT DESCRIPTION DATE 106 C 106 7'-0" X 3'-0" ALUMINUM GLASS DOOR AND FRAME, GLASS WITH L REVISIONS 10'-4" 114 VAULT TRANSLUCENT FILM. DOOR TO BE EQUIPPED WITH ACCESS CONTROL 114 SYSTEM. COPYRIGHT THIS DOCUMENT IS THE PROPERTY OF ARCHIDEAS, INC. AND NO EQ.2 20'-7" 10'-1" 7'-0" X 3'-0" VAULT DOOR - HOLLOW METAL DOOR AND FRAME. DOOR TO BE PART HEREIN SHALL BE USED EXCEPT FOR THIS SPECIFIC +/- 31'-9" PROJECT WITHOUT CONSENT OF ARCHIDEAS, INC. 2'-6" EQUIPPED WITH ELECTRONIC ACCESS CONTROL SYSTEM. EQ.3 4'-5" P.O.S 105 103 7'-0" X 3'-0" HOLLOW METAL DOOR AND FRAME. DOOR TO BE EQUIPPED UTILITY WITH ELECTRONIC ACCESS CONTROL SYSTEM. 105 7'-0" X 3'-0" ALUMINUM AND GLASS ENTRANCE DOOR. DOOR TO BE 1" C EQUIPPED WITH ELECTRONIC ACCESS CONTROL SYSTEM. 9'-52 L 115 7'-0" X 3'-0" HOLLOW METAL DOOR AND FRAME. CORRIDOR 1" 4'-0" X 5'-0" ALUMINUM AND GLASS STOREFRONT WINDOW TO REPLACE 104 5'-42 EQ.3 EXISTING WINDOWS. GLASS WITH TRANSLUCENT FILM. EQ.2 GYP. BD. WITH LEVEL 5 FINISH FOR INSTALLATION OF PRINTED GRAPHICS. 103 SHOWROOM 102 CL BATHROOM 116 ID CHECK EQ.2 1'-10" 101 FUTURE RETAIL 115 EQ.1 104 1" 4'-12 EQ.1 ENTRANCE 101A VESTIBULE 101B 100 EQ.2 Illinois Reg. # 184-000639 311 W. Superior St., Suite 410, Chicago, Illinois 60654 EQ.2 100 2'-1" HIGH POINT Project (SLOPE 81"/FT) SYMBOLS LEGEND MJ ORGANICS EXISTING WALL CONSTRUCTION TO REMAIN CANNABIS NEW WALL CONSTRUCTION DISPENSARY 4'-0" SIM RAMP SIM 305 E. LOCUST 3'-1" DN FUTURE CONTRUCTION MIN. 1:12 SLOPE DEKALB, IL 3'-0" 1'-6" 1'-6" 24'-0" 1 21" GALVANIZED STEEL +/- 7'-0" HANDRAIL, PAINTED - BOTH SIDES DET000 CONCRETE STAIR (4) EQUAL RISERS , EXISTING OF RAMP AND STAIR Sheet Title (3) 1'-0" TREADS WITH NON-SLIP STRIPS EMBEDDED NEAR STAIR NOSING 37'-0" CONCRETE LANDING CONCRETE RAMP 1"X 2 21" GALVANIZED STEEL BAR STOCK TOP AND BOTTOM RAIL WITH 1" X 2 21" GALVANIZED STEEL FLOOR PLAN BAR STOCK VERTICAL STANCHIONS - ALL PAINTED - CORED AND SET INTO CONCRETE 01 FLOOR PLAN STAIR, LANDING, AND RAMP. Date 00.00.00 Project No. 2022010 Sheet No. A2.0 Proj. Mgr. GENERAL NOTES JP 1. ALL LINEWORK SHOWN IN HALFTONE REPRESENTS EXISTING Job Capt. CONDITIONS TO REMAIN, U.N.O. 2. ALL DIMENSIONS ARE MEASURED TO FACE OF WALL U.N.O. JP 3. ALL FINISH CEILING HEIGHTS TO BE 8'-8" A.F.F, U.N.O. Drawn by 4. PATCH AND REPAIR ALL EXISTING GYP BOARD CEILINGS AS REQUIRED EF AFTER WALL DEMOLITION. Rev'd by Signature: Current Date: JP License Exp. Date: B/EXIST. GYP. BD. EL.= +8'-8" RCP KEY NOTES 16' F1 F1 DASHED LINE REPRESENTS COVE LIGHT GYP. BD. SHELF BEYOND +/- 9'-11" PATCH AND REPAIR GYP. BOARD CEILING IN AREA OF FUTURE WORK AS 1 1'-9" 3 2" F6 F6 F4 F4 REQUIRED AFTER DEMO. TYP. F4 F8 EXISTING TRUSSES WRAPPED IN GYP. BOARD, TYP. +/- 4'-2" F2 F4 F4 GYP. BOARD CEILING COFFER B/GYP BD. F6 F6 +/- 10'-0" EL.= EL = +9'-8" +/-9'-7" F4 F3 F2 F4 F4 F4 F4 B/GYP BD. ELEL.= +8'-8" = +/-8'-5" 44' F8 F4 F4 F4 F4 F4 F4 F4 28' F6 F6 F8 F2 F4 F4 DESCRIPTION DATE F6 F4 SYMBOLS LEGEND REVISIONS COPYRIGHT +/- 11'-4" THIS DOCUMENT IS THE PROPERTY OF ARCHIDEAS, INC. AND NO SHOWROOM PART HEREIN SHALL BE USED EXCEPT FOR THIS SPECIFIC PROJECT WITHOUT CONSENT OF ARCHIDEAS, INC. 102 GYP. BOARD CEILING F3 F2 TRACK LIGHTING F7 F4 F4 F4 4" SQUARE RECESSED CAN LIGHTS 1'X4' SURFACE MOUNTED FIXTURE F8 F1 PENDANT F4 F4 F7 F6 F8 F4 F4 F4 RING PENDANT F2 LED COVE STRIP +/- 10'-0" F4 F4 F4 LIGHT FIXTURE SCHEDULE F3 F1 SURFACE MOUNTED LED TRACK - LENGTHS AS SHOWN. SMALL PROFILE HEADS AT 4'-0" O.C. COLOR: WHITE F8 F2 SUSPENDED DECORATIVE 4'-0" X 3" DIRECT/INDIRECT LED FIXTURE DESIGN PLAN - HALF PINT COLOR: BLACK Illinois Reg. # 184-000639 311 W. Superior St., Suite 410, Chicago, Illinois 60654 F3 SUSPENDED DECORATIVE 4' -0" DIA HOOP LED PENDANT 16' F1 LUMENART COLOR: BLACK Project F4 4" SQUARE RECESSED LED DOWNLIGHT F5 NOT USED MJ ORGANICS F6 SURFACE MOUNTED 1'X4' LED FIXTURES PEERLESS BRUNO CANNABIS COLOR: BLACK DISPENSARY F7 RECESSED LENS WALL WASHER 305 E. LOCUST 10' LINEAR LED DEKALB, IL F8 COVE LED TAPE LIGHT ADHERED DET000 ALL COLOR TEMPERATURES TO BE 3000K. Sheet Title REFLECTED CEILING PLAN 01 REFLECTED CEILING PLAN Date 12.08.22 Project No. 2022010 Sheet No. A3.0 Proj. Mgr. GENERAL NOTES JP 1. THIS PLAN REPRESENTS DESIGN INTENT ONLY; REFER TO Job Capt. ELECTRICAL DRAWINGS FOR FURTHER INFORMATION. 2. ALL ELECTRICAL COMPONENTS TO BE FURNISHED AND JP INSTALLED PER APPLICABLE CODES, ORDINANCES AND Drawn by STANDARDS. 3. ALL DUPLEX RECEPTACLES, PHONE JACKS AND DATA EF PORTS TO BE INSTALLED, MOUNTED HORIZONTALLY, U.N.O. MOUNT VERTICALLY WHEN DIRECTLY ADJACENT Rev'd by Signature: TO A QUAD OUTLET. Current Date: JP License Exp. Date: 4. REFER TO REFLECTED CEILING PLAN FOR LIGHT FIXTURE LOCATIONS 5. STAGGER LOCATIONS OF POWER/DATA RECEPTACLES IN BACK-TO-BACK CONDITIONS TO MINIMIZE ACOUSTICAL COMPROMISE. EXIT 6. TYPICAL POWER OUTLET AND SWITCH DEVICES/ COVER VESTIBULE PLATES SHALL BE WHITE, U.N.O. TYP. 109 111 112 109A 109B WELLNESS ROOM 7. POWER AND DATA SHOWN IN HALFTONE IS EXISTING TO 112 REMAIN. 107 GREEN WASTE 110 42" AFF 42 AFF BREAK ROOM POWER AND DATA KEY NOTES GFCI 111 POWER LED LIGHTS IN DISPLAYS FROM WHIP 42" AFF TOILET GFCI 113 PROVIDE POWER AND DATA RECEPTACLES AS REQUIRED FOR TOILET 108 P.O.S. UNITS. COORDINATE QUANTITY WITH OWNER. 107 CR PROVIDE CONDUIT AND EMPTY JBOX FOR FUTURE POWER. 108 PROVIDE ELECTRICAL HOOK UPS FOR CAMERAS BY OTHERS. COORDINATE REQUIREMENTS WITH VENDOR. OFFICE 113 SECURITY/IT 106 106 114 VAULT 114 CR CR 105 P.O.S 103 UTILITY 105 CR DESCRIPTION DATE 115 REVISIONS COPYRIGHT CORRIDOR CR CR THIS DOCUMENT IS THE PROPERTY OF ARCHIDEAS, INC. AND NO PART HEREIN SHALL BE USED EXCEPT FOR THIS SPECIFIC 104 PROJECT WITHOUT CONSENT OF ARCHIDEAS, INC. 103 SYMBOLS LEGEND SHOWROOM 102 DUPLEX OUTLET CR CR BATHROOM 116 42" AFF ID CHECK GFCI TEL/DATA RECEPTACLE 101 FUTURE RETAIL 104 115 TELEPHONE/ DATA/POWER FLOORBOX (DUPLEX OUTLET) CR ENTRANCE 101A VESTIBULE 101B WHIP 100 TYP. CR CAMERA BY OTHERS - PROVIDE POWER AND CONDUIT FOR CR HOME RUN TO SECURITY CLOSET CR CARD READER ACCESS 60" AFF 100 TYP. Illinois Reg. # 184-000639 311 W. Superior St., Suite 410, Chicago, Illinois 60654 Project MJ ORGANICS CANNABIS DISPENSARY 305 E. LOCUST DEKALB, IL DET000 Sheet Title POWER PLAN 01 POWER PLAN Date 12.08.22 Project No. 20200010 Sheet No. A4.0 Proj. Mgr. FINISH LEGEND GENERAL NOTES JP TAG MANUFACTURER DESCRIPTION COLOR/ NUMBER SIZE REMARKS MANU. REP 1. ALL LINEWORK SHOWN IN HALFTONE AND AREAS Job Capt. HATCHED AND NOTED AS N.I.C. REPRESENT EXISTING CONDITIONS TO REMAIN JP 2. HATCH PATTERNS NOT NECESSARILY INDICATIVE OF Drawn by FLOOR FLAYING PATTERNS EF 3. PREP ALL FLOORS AND WALLS TO RECEIVED NEW Rev'd by Signature: FINISHES Current Date: JP License Exp. Date: 4. ALL WALLS TO BE PT-1 WITH VB-1 U.N.O. 5. ALL TRANSITIONS TO BE AT THE CENTERLINE OF DOORS, U.N.O. 6. ALL FLOORING TO RUN BENEATH MILLWORK. FINISH KEY NOTES PROVIDE STAINLESS SCHLUTER STRIP BETWEEN CT-1 AND LVT-1 PREP FLOOR FOR FUTURE FINISHES LEVEL 5 FINISH FOR WALL GRAPHICS BY OTHERS. COORDINATE WITH OWNER. EXIT VESTIBULE 109 111 112 109A 109B WELLNESS ROOM 112 107 GREEN WASTE BREAK 110 ROOM 111 TOILET 113 TOILET 108 107 DESCRIPTION DATE 108 REVISIONS COPYRIGHT THIS DOCUMENT IS THE PROPERTY OF ARCHIDEAS, INC. AND NO PART HEREIN SHALL BE USED EXCEPT FOR THIS SPECIFIC OFFICE PROJECT WITHOUT CONSENT OF ARCHIDEAS, INC. 113 SYMBOLS LEGEND SECURITY/IT 106 106 114 VAULT 114 CT-1 CERAMIC PLANK TILE 105 P.O.S 103 UTILITY LVT-1 105 115 VCT-1 CORRIDOR 104 103 SHOWROOM 102 BATHROOM 116 ID CHECK 101 FUTURE RETAIL 104 115 ENTRANCE 101A VESTIBULE 101B 100 Illinois Reg. # 184-000639 311 W. Superior St., Suite 410, Chicago, Illinois 60654 Project 100 MJ ORGANICS CANNABIS DISPENSARY 305 E. LOCUST DEKALB, IL DET000 Sheet Title FINISH PLAN AND SCHEDULE Date Project No. 12.08.22 2022010 01 FINISH PLAN Sheet No. A6.0 Proj. Mgr. JP Job Capt. JP Drawn by EF Rev'd by Signature: Current Date: JP License Exp. Date: 4' WIDE FLOATING BRANDING LOGO BY WOOD SHELVES OTHERS BEYOND MOSS WALL BY OTHERS (SHOWN HATCHED) B/ CEILING EL.= EL = +8'-8" +/-8'-5" 36" WIDE 2 DRAWER 36" WIDE 2 DRAWER QUARTZ WATERFALL 3CM QUARTZ WATERFALL LOCKABLE CABINET LOCKABLE CABINET COUNTERTOP, QT-1 COUNTERTOP KNEEWALL 3'-0" 3'-0" OPEN BELOW OPEN BELOW OPEN BELOW 2'-6" KNEEWALL T/ FINISH FLOOR 3'-0" EL.= +0'-0" VB-1 TYP. 1'-10" 1'-10" +/- 31'-9" 17'-6" 5 EMPLOYEE SIDE P.O.S. COUNTER 4' WIDE FLOATING WOOD SHELVES 4 BACK COUNTER ELEVATION ISSUED FOR DD PRICING DESCRIPTION 12.8.22 DATE BEYOND REVISIONS BRANDING LOGO BY COPYRIGHT MOSS WALL BY OTHERS OTHERS HOOP PENDANT, TYP. THIS DOCUMENT IS THE PROPERTY OF ARCHIDEAS, INC. AND NO (SHOWN HATCHED) PART HEREIN SHALL BE USED EXCEPT FOR THIS SPECIFIC PROJECT WITHOUT CONSENT OF ARCHIDEAS, INC. LINEAR PENDANTS, TYP. B/ CEILING EL.= +8'-8" EL +/-8'-5" FLAT SCREEN TV 1625'-8" VINYL BASE AS SCHEDULED 3'-0" T/ FINISH FLOOR EL.= +0'-0" +/- 31'-9" QUARTZ WATERFALL P-LAM FRONT 3 COUNTERTOP, QT-1 P.O.S. ELEVATION Illinois Reg. # 184-000639 311 W. Superior St., Suite 410, Chicago, Illinois 60654 Project B/ CEILING 4'-2" B/ CEILING EL.= +8'-8" EL +/-8'-5" EQ. EQ. EQ. EL.= +8'-8" EL +/-8'-5" MJ ORGANICS CANNABIS P-LAM UPPER DISPENSARY CABINETS 3'-0" 305 E. LOCUST SOLID SURFACE DEKALB, IL COUNTERTOP, SCRIBE TO WALL STAINLESS STEEL UNDERMOUNT SINK AND GOOSENECK FAUCET 1'-6" DET000 PLASTIC LAMINATE SOLID SURFACE Sheet Title VINYL BASE AS COUNTERTOP, 4" VINYL BASE AS CABINETS AND BASE SCHEDULED SCHEDULED 2'-10" 2'-10" BACKSPLASH ELEVATIONS T/ FINISH FLOOR T/ FINISH FLOOR PLASTIC LAMINATE EQ. EQ. EQ. EQ. EQ. EL.= +0'-0" CABINETS AND BASE EL.= +0'-0" 7'-2" Date Project No. 12.08.22 2022010 2 GREEN WASTE ELEVATION 1 BREAK ROOM ELEVATION Sheet No. A7.0 Proj. Mgr. JP Job Capt. JP Drawn by EF Rev'd by Signature: Current Date: JP License Exp. Date: ISSUED FOR DD PRICING 12.08.22 DESCRIPTION DATE REVISIONS COPYRIGHT THIS DOCUMENT IS THE PROPERTY OF ARCHIDEAS, INC. AND NO PART HEREIN SHALL BE USED EXCEPT FOR THIS SPECIFIC PROJECT WITHOUT CONSENT OF ARCHIDEAS, INC. EXIST. TRUSSES 2'-0" O.C. 2'-4" O.C. CONTINUOUS BLOCKING Illinois Reg. # 184-000639 311 W. Superior St., Suite 410, Chicago, Illinois 60654 Project 5 8" GYP. BD. EL = +/-9'-7" MJ ORGANICS CANNABIS LIGHT SHELF BEYOND DISPENSARY 305 E. LOCUST 1'-2" DEKALB, IL EXIST. ROOF 5 F8 LED 8" GYP. BD. TRUSS LIGHT STRIP DET000 POPLAR TRIM Sheet Title B/CEILING EL.= +8'-8" EL +/-8'-5" SCHEDULES, 5 8" GYP. BD. 5 8" GYP. BD. 2X12 DETAILS, AND 5 8" GYP. BD. BOTTOM OF TRUSSES BEYOND PARTITION TYPES EXIST. TRUSS MEMBER WRAPPED IN GYP. BD. COVE LIGHT SHELF 2 1 Date 12.08.22 Sheet No. Project No. 2022010 A7.0 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT February 2, 2023 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Text Amendments to Chapter 23 of the Municipal Code - Unified Development Ordinance – Article 12, “Off-Steet Parking, Loading and Storage Requirements” (City of DeKalb) BACKGROUND AND ANALYSIS The City of DeKalb is proposing text amendments to the Unified Development Ordinance (UDO) regarding the parking regulations in Article 12, “Off-Steet Parking, Loading and Storage Requirements”. The amendments relate to parking design, locational requirements, minimum parking space requirements as well as setbacks, landscaping standards and other miscellaneous amendments. None of the amendments are more restrictive than the current regulations and introduce flexibility in the application of the regulations based upon the use and site characteristics. The 2022 Comprehensive Plan called for the review of the parking standards to ensure the parking requirements align more closely with actual parking demands. The Plan also called for more flexibility in the placement of required landscaping around a parking lot. The more substantial amendments are summarized below: Summary of Amendments: Article 12.03 – Design and Locational Requirements Allowing alternate surfaces (e.g. chip seal) for areas primarily reserved for the outside storage of equipment and vehicles in industrial and some commercial zoned areas. The current language requires a hard surface (asphalt or concrete) for these areas. The proposed amended language would allow these areas to have alternate surfaces as approved by the City Engineer with the following conditions. Permitted in the GC, LI, and HI Zoning Districts only. Area of the alternative surface shall not be accessible to the general public and located at least 50 feet from a residential zoned area. Storage areas must be located no closer to the street than the principal building (i.e. not in the front yard). Article 12.03.5 – Location of Parking Facilities Allow apartments, fraternities/sororities, rooming houses, etc. to have their required parking spaces be located within 300 feet of the lot if they can’t accommodate the parking on-site. The UDO currently allows this to be done for commercial properties. With the Safe Streets Initiative put in place a few years ago and with the tight parking for multi- family residences, this amendment makes sense. Article 12.03.6 – Setbacks of Parking Facilities The UDO currently requires six (6) inch curbing around all parking areas. This requirement relates to providing the appropriate stormwater management in parking lots. The proposed amendment would allow the City Engineer to approve an alternative stormwater control and conveyance method. For example, the parking lot for the First United Methodist Church along N. Annie Glidden Road was not required to have curbing around a portion of their parking lot as adequate stormwater control was provided and therefore curbing was not necessary. An amendment is also proposed to not require a five (5) foot interior yard parking setback when five (5) or fewer parking spaces are added to an existing parking area. The new spaces cannot be closer to the lot line than the existing parking spaces. Allow driveways abutting an alley to take up to 80% of the lot width. The current regulation states a maximum of 40% of the lot width can be taken up by the driveway from a street, but it’s not clear regarding driveways from an alley to a garage. Many driveways from an alley leading to a garage exceed 40% of the lot width. The proposed language allows the wider driveway widths along an alley since this is common and not as aesthetically desirable compared to the front of the home along a street. Article 12.04 Landscape Requirements The majority of the proposed amendments are focused on allowing more flexibility to the landscaping standards for parking areas. The quantity of landscape plantings has not changed, however language was added to allow the placement of plantings in the most beneficial locations based upon site characteristics and the surrounding area. Remove the requirement to have landscaping screening and a 3-foot high berm along a street frontage. The minimum setback for parking/paving is only 10 feet along a street right-of-way, which usually is not enough width for the required landscaping and a berm at that height. The amendment would give the option of landscaping screening or a berm. Page |2 Allow up to 50% of the landscaping required in the side and rear yards to be re-located to other parts of the lot. This amendment will allow flexibility in the placement of landscaping based on site characteristics. The amendment also allows flexibility regarding the placement of required landscaping in the interior areas of a lot. Article 12.07 Supplemental Off-Street Parking and Loading Regulations Amendments are proposed to allow the sharing of parking spaces between two or more non-residential uses when the demand for such uses will not occur at the same hours during the same days of the week. The proposed amendment states the total number of required parking spaces for all the uses shall not be reduced by more than 25% if it’s found the uses operate at different times. For example, if two uses in a building require 20 spaces each (40 total), and it’s found the uses primarily operate at different times, the number of total required spaces can be reduced to 30. The shared parking arrangement must be approved by the Community Development Director or designee. Article 12.08 Schedule of Off-Street Parking and Loading Requirements Propose to reduce the required parking for restaurants from 1 space for every 2 seats, plus 1 space for every employee on the max. shift to 1 space for every 3 seats, plus 1 space for every employee on the maximum shift. This came up initially with the Raising Canes Restaurant, which needed a waiver to the UDO for parking. The UDO required 76 parking spaces based up 95 indoor seats, 26 outdoor seats and 15 employees on the maximum shift. Raising Canes showed 46 parking spaces on their site plan. The restaurant provided a study of their other locations indicating the number of spaces proposed was adequate. Language is also proposed stating additional parking is not required for temporary seasonal outdoor seating areas. Drive-through traffic has increased that past few years and there is less demand for parking for indoor dining patrons. An amendment is also proposed to reduce the number of parking spaces required for multi-family developments. The current regulations require 1.5 spaces for efficiency and 1-bedroom units and for 2-bedroom units, 2.5 parking spaces are required. Past apartment projects such as Plaza DeKalb, Isaac Suites, Agora Tower, and Arista Residences were reviewed. John Pappas was contacted and stated the actual demand is around 1.25 spaces per unit for his projects The recommend change is 1.33 parking spaces per 1-bedroom unit, 2.33 spaces for a 2-bedroom unit and 3.33 spaces for a 3- bedroom unit. For Greek Housing, Group Homes, Lodging Houses and Group Homes the current requirement is 1 parking space for each occupant calculated on the licensed capacity of the building. Many of the fraternities/sororities reviewed are not full and do not fill up their parking lots. The number of required spaces is proposed to be reduced to .85 spaces per occupant. When the Sigma NU Fraternity (1114 Blackhawk Rd.) was rezoned to the PD- R District in 2017, a parking waiver was granted. Approval was granted to allow the Page |3 fraternity to provide 42 spaces when 45 spaces were required per the UDO. There have been no issues to date with the parking at the fraternity since it was rezoned. We have also reviewed the parking demand at other Greek Housing locations and are comfortable with the change. 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 the parking regulations as indicated in Exhibit A of the staff report. Page |4 EXHIBIT A ARTICLE 12 OFF-STREET PARKING, LOADING AND STORAGE REQUIREMENTS 12.01 Purpose and Intent It is the purpose of these off-street parking and loading regulations to reduce the congestion on the streets due to excessive use for parking and loading of motor vehicles, to provide for appropriate areas for vehicle parking, loading and storage of motor vehicles and other vehicles and trailers, and to assure that said areas are compatible with the intent and purpose of the underlying zoning districts. Further this Ordinance is intended to improve the appearance of said off-street parking, loading and storage areas and protect and preserve the appearance, character and value of the surrounding properties and streets by providing for the installation and maintenance of landscaping, screening and buffering. 12.02 Applicability 1. For every use, activity or structure permitted by this Ordinance, and for all buildings or structures erected in accordance therewith, there shall be provided sufficient space for access and off-street standing; parking; circulation; unloading and loading of motor vehicles that may be expected to transport their occupants, whether as patrons, residents, customers, employees, guests or otherwise, to an establishment, activity or place of residence at any time under normal conditions for any purpose. When a use is expanded or changed, accessory off-street parking and loading shall be provided in accordance with the regulations herein for the area or capacity of such expansion or change, and including that which would be required for the previously existing uses, structure or activity. 2. These off-street parking regulations shall not apply to any use of new buildings or structures, or any existing principal building or structure which is enlarged or increased in capacity after the adoption of this Ordinance, when located with the area bounded as follows: a. A tract of land situated in the City of DeKalb, County of DeKalb, State of Illinois, said tract bounded as follows: Beginning at a point where the centerline of the right-of-way of First Street crosses the centerline of the right-of-way of Oak Street; thence Easterly along said centerline of Oak Street to a point where said centerline of Oak Street crosses the centerline of Seventh Street; thence Southerly along the said centerline of Seventh Street to a point where the said centerline of Seventh Street crosses the centerline of Grove Street; thence Westerly along said centerline of Grove Street to a point where said centerline of Grove Street crosses the centerline of Second Street; thence Northerly along said centerline of Second Street crosses the Southerly right-of-way line of the Chicago and Northwestern Union Pacific Railroad; thence Westerly along said Southerly right-of-way line of said railroad to a point where said Southerly right-of-way line crosses the centerline of First Street; thence Northerly along said centerline of First Street to the point of beginning. This provision in no way effects required off-street loading spaces. 3. These off-street parking regulations shall not apply to any use of new buildings or structures, or any existing principal building or structure which is enlarged or increased in capacity after the adoption of this Ordinance, when located with the area bounded as follows (1995-074): 12-1 a. A tract of land situated in the City of DeKalb, County of DeKalb, State of Illinois, said tract bounded as follows: Beginning at a point where the centerline of the right-of-way of First Street crosses the centerline of the right-of-way of the former Chicago and Northwestern (now Union Pacific) Railroad right-of-way, thence easterly along the centerline of said railroad right-of-way to a point where said centerline intersects with the centerline of Second Street, thence southerly along said centerline of Second Street to a point where it intersects with the centerline of Grove Street, thence easterly along the centerline of said Grove Street right-of-way to the intersection with the centerline of the right-of-way of Fifth Street, thence southerly along said centerline of the right-of-way of Fifth Street to a point where said centerline intersects with the centerline of the right-of-way of Franklin Street, thence westerly along said Franklin Street right-of-way centerline to the point where said centerline intersects with the centerline of the First Street right-of-way, thence northerly along said First Street centerline to the point of beginning. b. Within the above described area, the number of private off-street parking spaces existing on or before the effective date of this ordinance shall not be reduced, unless approved as part of a Planned Development. A maximum of a 20% reduction in parking spaces may occur within this area if approved by the Community Development Director or designee. c. This provision in no way effects required off-street loading spaces. 4. Prior to the issuance of a building, or grading or site development permit for a parking area, driveway, storage area or loading area, a site plan shall be submitted in accordance with Article 17, “Site Plan Review Requirements.” 12.03 Design and Locational Requirements (2019-025) 1. Construction Requirements – Commercial/Industrial/Multi-Unit Residential (excluding townhome units with individual direct access to the street): Loading areas, parking lots, driveways, access ways and any other areas on which motor vehicles are parked or stored, or which are used for motor vehicle circulation, or used for the storage or parking of any other vehicle and/or trailer, shall be constructed of either Portland Cement Concrete or Bituminous Concrete or Concrete Pavers, which materials shall conform to the specifications (if applicable) contained in the most recent edition of the Standard Specifications for Road and Bridge Construction, adopted by the Illinois Department of Transportation. The above materials shall meet the following minimum requirements: Portland Cement Concrete: Six (6) inches of PCC reinforced pavement, over six (6) inches of gravel or crushed stone base (CA-6). Bituminous Concrete: Two and one-half (2-1/2) inches of bituminous concrete surface over eight (8) inches of gravel or crushed stone base (CA-6). Concrete Paver: three (3) inch unit depth, over a minimum of eight (8) inches of clean crushed stone base with an allowable additional two (2) inches of fine setting material. Concrete Pavers shall not be located in the public right-of-way. Alternate Surfaces: Alternate surfaces (e. g. chip seal) for areas primarily reserved for the outside storage of equipment and vehicles are allowed subject to the following: Allowed only in the GC, LI, HI or Planned Development Zoning Districts. Alternate surface must be properly graded and approved by the City Engineer or designee. 12-2 Storage area shall not be accessible to the general public. Storage area must be located no closer to the street than the principal building. Storage area must be at least 50 feet from a residential zoned property containing residential uses. a. Aesthetic Design of Concrete Pavers Paver color/tone shall be traditional ranges of red, gray, or brown and should coordinate with adjacent streetscaping; unless approved in writing by the Community Development Director or designee. b. Permeable Design of Concrete Paver 1) Permeability of design is not required in order to allow paver use in general. However, if storm water runoff reduction is desired, the design/construction shall meet the following requirements. a. Permeable pavers can be used where the underlying in-situ subsoils have an infiltration rate of 0.5-3.0 inches per hour; underdrains and pipe discharges may be provided to achieve suitable hydrologic site conditions. b. Permeable pavers will be used in applications where the pavement receives tributary runoff primarily from impermeable areas. The ratio of the contributing impermeable area to the permeable paver surface area should be no greater than 3:1. c. A minimum of two (2) feet of clearance is required between the bottom of the base course and underlying bedrock or the seasonally high groundwater table. d. Permeable pavers should be sited at least ten (10) feet down gradient from buildings and 100 feet away from drinking water wells. e. The stone aggregate used should be washed, crushed stone, 0.75-1.0 inches in diameter with a void space of about 40 percent. A porosity value (void space/total volume) of 0.32 should be used in calculations. f. The base course must have a minimum depth of eight (8) inches. The following equation can be used to determine if the depth of the base course layer needs to be greater than the minimum depth to accommodate hydrologic storage. V D = ---- An Where: D = Base Layer Depth (feet) V = Total Volume to be Infiltrated A = Surface Area (square feet) N = Porosity (use n = 0.32) g. For permeable paver applications, the large size of the No. 57 aggregates creates an uneven surface when compacted. To provide a smooth and level surface for the placement of the pavers, a bedding course of ASTM No. 8 crushed aggregate is placed and compacted into the No. 57 open-graded base. The thickness of the No. 8 bedding layer should not exceed two (2) inches prior to compaction. 12-3 h. All of the materials need to be clean, washed material with less than 1-2% passing the No. 200 sieve. 2. Construction Requirements – Single Family and Two Family Structures in Single Family and Two Family Residential Districts: Driveways, access ways and any other areas on which motor vehicles are parked or stored, or the storage or parking of any other vehicle and/or trailer, shall be constructed of either Portland Cement Concrete, Bituminous Concrete, or Concrete Pavers, which materials shall conform to the specifications (if applicable) contained in the most recent edition of the Standard Specifications for Road and Bridge Construction, adopted by the Illinois Department of Transportation. The above materials shall meet the following minimum requirements: Portland Cement Concrete: Four (4) inches of PCC reinforced pavement, over six (6) inches of gravel or crushed stone base (CA-6). Bituminous Concrete: Two (2) inches of bituminous concrete surface, over six (6) inches of gravel or crushed stone base (CA-6). Concrete Paver: Three (3) inch unit depth, over a minimum of four (4) inches of clean crushed stone base with an allowable additional one (1) inch of fine setting material. Concrete Pavers shall not be located in the public right-of-way. a. Aesthetic Design of Concrete Pavers Paver color/tone shall be traditional ranges of red, gray, or brown and should coordinate with adjacent streetscaping; unless approved in writing by the Community Development Director or designee. b. Permeable design encouraged but is not considered for individual stormwater runoff parcel impacts. 3. Vehicular Access and Circulation: a. An off-street parking, loading or storage facility shall be provided with an appropriate means of vehicular access (conforming to Chapter 6 of the Municipal Code of the City of DeKalb) to an improved street or alley which will least interfere with traffic and pedestrian movements. Such facilities shall be designed to avoid motor vehicles backing onto or into streets, alleys or sidewalks. Existing curb cuts, curb cut radii and driveways across public right-of-way that do not comply with shall only be used if they comply with the applicable standards shall not be expanded unless they are in compliance with this Ordinance for new curb cuts, curb cut radii and driveways. b. Such facilities shall be so designed, maintained and regulated so that no parking (including parking or stopping of vehicles in loading spaces) or maneuvering incidental to parking shall be on any public street, walk or alley. c. The location of any entrance or exit for any off-street parking area shall be as approved by the City Engineer or his/her designee.designee or applicable Township, County or State Highway Department. d. All parking lots shall be striped and marked to provide a visible indicator of the most effective way of parking and moving all vehicles. All striping and marking shall be approved by the City Engineer or his/her designee and a permit obtained from the Community Development Department. e. Vehicular traffic to, from and within an off-street parking or loading area shall be controlled by appropriate traffic control signs, surface markings and curb islands. All parking areas which 12-4 will, in the opinion of the City Engineer or his/her designee, generate a high volume of traffic movement shall have its entrances clearly marked and designated as to direction of traffic flow or other conditions of use of the access driveway by the use of low-profile signs. Such signs shall not exceed five (5) feet in height, nor six (6) square feet in area in commerciall and multiple family zoned areas or residential zoned areas with non-residential uses or six (6) feet in height, nor twelve (12) square feet in area in industrially zoned areas. (1993-070). Such signs shall be placed on private property outside the public right-of-way. There shall not be more than two (2) such signs for each entrance or exit. Such parking areas may also necessitate the preparation of a traffic access and impact study as provided for in Section 7.12, “Traffic Access and Impact Studies”, Article 7, “Supplementary District Regulations.” 4. Drainage: Proper drainage and grading shall be provided for all parking lots to dispose of all runoff water. In no case shall drainage be allowed to drain across any public sidewalk within a public right- of-way. For any parking area in excess of five (5) spaces or any loading area in excess of 2,500 square feet, all runoff water shall be discharged via an appropriate storm sewer or other approved drainage system as approved by the City Engineer or. Alldesignee. All storm conveyance facilities drainage facilities shall be designed using the “Rational Method” for a storm of a minimum of a ten (10) year frequency. Storm water run-off and drainage facility sewer calculations shall accompany all systems designs in excess of the above noted threshold minimum parking or loading area and shall be in accordance with Article 11, “Floodways, Floodplains, Storm Ddrainage and Erosion Control.” 5. Location of Parking Facilities: Location of required off-street parking shall be provided on the same parcel of land occupied by the use or building to which it is appurtenant, except as provided for in paragraph “b” below. In the event that there are practical difficulties in satisfying the requirement for parking space and/or if the public safety or convenience would be better served by another location, the Council may authorize an alternate location by ordinance through approval of a plat, plan, special use permit, rezoning or other formal action. If parking is to be located elsewhere than on the lot which the principal use is located, then the “off-site” property occupied as parking shall be in the same possession (either by deed or by long-term lease which has a term equal to or exceeding the projected life or term of lease of the facility) as the owner of the principal use. Furthermore, the owner of property used for off-site parking shall be bound by covenants filed on record in the DeKalb County Clerk and Recorder’s Office of the County Recorder, requiring the owners, heirs or assigns to maintain the required number of off-street parking spaces during the existence of such principal use utilizing the property for parking. a. For residential dwelling units, community residences, fraternities and sororities, group homes, lodging houses and rooming houses, parking shall be provided on the same lot with the building they are required to serve. For the purpose of this requirement, a group of those uses constructed and maintained under single ownership or management shall be considered to be on a single lot or parcel of land; b.a. For all other uses, pParking shall be provided on the same lot or parcel of land as the building they are required to serve, or on a separate lot or parcel of land not more than three hundred (300) feet from the nearest entrance to the principal building being served, provided the lot or parcel of land is located in a zoning district that allows the parking lot, either as a permitted or special use, and otherwise in compliance with this Ordinance. 12-5 6. Setbacks of Parking Facilities: a. Notwithstanding other requirements of this Ordinance, and except for parking associated with single-family detached, single-family attached or two-family attached dwelling units, and two- family residential districts, all parking areas and driveways may be located in a required front yard, side yard or rear yard provided that a minimum five (5) foot setback be maintained between the parking area and the property lines, and a minimum ten (10) feet setback shall be maintained between the parking area and the street right-of-way line. The interior boundary of such parking area setback shall be defined with six (6) inch concrete curbing, or or other control and conveyance method curbing material as approved by the City Engineer or designee . However, in no instance shall a parking lot be located in a required buffer area. 1) Exception: Where the proposed parking area will be located within the side yard, rear yard or front yard adjacent to a similarly zoned property or land use and where internal access will be provided between the two properties, the five (5) foot side-yard setback requirement shall not apply. 2) Exception within the “CBD,” Central Business District: Where the proposed parking area is on property zoned “CBD” Central Business District, the setback may be reduced in width in accordance with Article 12.04, paragraph 5, and if, in the opinion of the City Engineer, the parking lot is designed so that no portion of any vehicle, when parked, will project across adjacent property or into adjacent public rights-of-way. 2)3)Exception when adding Five (5) or Fewer Parking Spaces: When five (5) or fewer parking spaces are added to an existing parking area, the setback for the new spaces can be reduced below the minimum established in Article 12.03 (6)(a), but not closer to the lot line than the existing parking area. b. No loading space or vehicle storage areas shall be closer than fifty (50) feet to any property in a residential district unless said space is completely enclosed by a building or separated from the adjacent property by a building, or an extension of the building wall, unless screening is provided per Article 7.05(1) of this Ordinance. No loading space or vehicle storage area shall be located within any area where parking is prohibited by this Ordinance. Vehicle storage areas do not include required parking spaces. c. Within the residential zoning districts, no motor vehicle, recreational vehicle, camper, trailer or similar vehicle shall be permitted to be parked anywhere on the lot unless said vehicle is parked upon a driveway. Said driveway and its use shall conform to all of the following standards: 1) The driveway shall not be wider than forty (40) percent of the width of the lot on which the driveway is located or thirty-six (36) feet, whichever is less. Driveways abutting an alley shall not be wider than eighty (80) percent of the width of the lot on which the driveway is located; 2) The driveway shall not cover more than forty (40) percent of the required front yard setback area; 3) The driveway shall be constructed with materials as provided for in Article 12.03, paragraph 1 and 2 of this Ordinance; 4) The driveway shall access an adjacent street or alley with an appropriate curb cut as determined by the City Engineer or his/her designee; 5) In all instances, no vehicle shall park so as to have any portion of said vehicle located over a public sidewalkwithin five (5) feet of an adjacent street right-of-way; and 12-6 6) In all instances, no vehicle shall park so as to reduce the open width of any driveway giving access to a building containing more than two (2) dwelling units or in a structure that requires a rooming house license which restricts traffic flow to less than fourteen (14) feet. d. Within the residential zoning districts, no motor vehicle, recreational vehicle, camper, trailer, or similar vehicle may be stored anywhere on the lot unless stored inside an enclosed building or on an approved surface constructed of materials in compliance with Article 12.03, paragraph 1 and 2, of this Ordinance. Further access shall be provided to this storage area via an approved driveway constructed of an approved surface constructed of materials in compliance with Article 12.03, paragraph 1 and 2, of this Ordinance. No recreational vehicle, camper, trailer, or similarsuch vehicle shall be stored or parked in a front yard for more than 30 days in a six month period..For the purposes of this Article, “stored” shall mean “parked” without being moved for a period of thirty days or more. This Article shall apply regardless of whether the vehicle is licensed, unlicensed, operable or inoperable. For the purposes of this Article, “stored” shall mean “parked” without being moved for a period of thirty days or more. This Article shall apply regardless of whether the vehicle is licensed, unlicensed, operable or inoperable. 7. Compact Vehicle Parking Space Allowance: For multiple family developments (including rooming houses, fraternities, sororities and dormitories), off-street parking spaces shall conform to the size required for full-sized vehicles (see Section 12.06 of this Article). However, not more than twenty- five (25) percent of the required spaces for vehicles may be reduced in size for compact vehicles, provided that, in as much as possible, such smaller spaces are located in a single contiguous area that is clearly marked as being for small or compact vehicles only. These compact parking spaces shall be no less than seven (7) feet, six (6) inches wide (for all space angles) and an equivalent perpendicular depth of seventeen (17) feet. Aisle widths shall be in accordance with the specifications contained in Section 12.06 of this Article. 8. Lighting Requirements: See Article 10, “Utilities,” Section 10.05. 12.04 Landscape Requirements It is the purpose and intent of these regulations to provide adequate protection for contiguous property against undesirable effects caused by the creation and operation of parking and loading areas, and to protect and preserve the appearance and character of the surrounding neighborhoods through the screening effects and aesthetic qualities of such landscaping, and to provide shade for parking and to visually and physically break up major expanses of asphalt into a more human scale. As such, all parking and loading areas for any uses other than single family homes (attached or detached) or duplexes, constructed after the date of this Ordinance, shall be properly screened and landscaped as hereinafter described. 1. Definitions: For purposes of this Ordinance, landscaping shall mean living green plants in combination of trees and either shrubs or ground cover, all of which are defined as follows: a. Deciduous trees having, at the time of planting, not less than a two and one-half (2-1/2) inch caliper measured on the trunk six (6) inches above the ground; b. Ornamental trees having, at the time of planting, not less than one and one-half (1-1/2) inch caliper measured on the trunk six (6) inches above the ground; c. Evergreen trees having, at the time of planting, a height of not less than four (4) feet; d. Shrubs having, at the time of planting, a height of not less than two (2) feet; 12-7 e. Ground cover which includes grass, ivy, juniper, wood mulch, decorative or aggregate rock, or other approved pervious surfaces. 2. All parking lots, loading, storage and maneuvering areas, except for outdoor storage areas defined in Article 12.03 for any uses other than single family homes (attached or detached) or duplexes shall comply with these regulations. These landscaping regulations shall apply to single family or two-family homes located in other than a residential zoning district, if the property is also occupied by another principal use otherwise required to comply with these regulations. a. Landscape Plan Required: The engineered site plan (required per Article 17) and/or Planned Development plan for any parking lot required to include landscaping as provided herein, shall also include a landscape plan. The landscape plan is subject to the approval of the Community Development Director or designee. . The landscape plan shall be prepared by a State of Illinois Registered Landscape Architect, Landscaping Design/Build firm or similar Landscape Professional, and shall include the items listed below. following: The Community Development Director or designee may waive any site plan requirement that is not applicable to the site. 1) The landscape plan shall be based upon the engineered site plan and shall be prepared at the same scale as the site plan. 2) The plan shall show the location and dimensions of all existing vegetation, existing and proposed structures, parking lots, drives, loading storage and maneuverings areas, roadways and right of way, sidewalks, bike paths, signs, refuse disposal areas, easements, locations of underground utilities (existing and proposed), locations of easements, and all other information otherwise required on the engineered site plan. 3) The location and square footage of all landscaped areas, the type of ground cover, the location, quantity, size, root ball condition (B/B or potted) and type, both scientific and common name of all proposed plant materials, ground covers, trees, shrubs and other. 4) Location of all existing landscaping materials proposed to be conserved and details of protection for those materials during the construction process. 5) Cross sections, locations and details of all grade changes, such as berms, including proposed contours at one-foot intervals and percent of slope; 6) Selection, planting and installation specifications complying with the American Association of Nurserymen’s standards, with plant species and materials of a good quality and capable of thriving in the north central Illinois climate and the individual microclimates of the site. Salt tolerance for parking lot landscaping materials is imperative. 7) Details and location of irrigation system controls, connections, lines, sprinkler or soaker heads, etc., designed in such a way so as to avoid conflicts with other utilities and to avoid future maintenance problems either with the landscaping, the irrigation system itself, or other site improvements. b. Pedestrian Areas: For parking lots having sixty (60) or more spaces, Parking lot landscaped areas which are expected to receive high levels of pedestrian traffic shall be improved with stepping stones, sidewalks, or appropriate pedestrian improvements to minimize maintenance problems and to create safe havens for pedestrians, subject to the approval of the Community Development Director or designee. Such areas would include the landscaped islands between the parking lot and the major entry or entries to the building. Such areas shall not be covered with mulch, decorative rock or gravel. Further, these areas shall not be allowed where the intent of creating such areas would otherwise circumvent the intent of this Ordinance. Therefore, any areas consisting strictly of an impervious cover shall not count toward the required parking lot 12-8 landscaping. However, such areas will count if improved with appropriate ground covers and other landscaping, in addition to the pedestrian use areas. c. Conflict with Utility Easements: All parking lot landscaping required herein shall be provided in areas where it shall not conflict with any utility easements, when such easements prohibit landscaping. In cases where the proposed landscaping conflicts with an existing or proposed utility easement, the requirements of this Ordinance shall not be waived. Options in such instances would include relocation of the easement or , and/or expansion of the proposed landscaping area, either of which is subject to the approval of the Community Development Director or designee. d. Waiver: The Community Development Director or designee may waive the requirement for a Landscape Professional’s plan in instances where the engineered site plan is not required, or in instances where the parking lot contains thirty (30) or fewer parking stalls. This does not waive the requirement to prepare a plan, nor does it waive the requirement to install the landscaping. 3. Landscaping Requirements Adjacent to Streets. Where any parking lot lies adjacent to or is visible from any public or private street, the entire frontage along said parking or loading area, excluding curb cuts or other access ways shall be landscaped and screened as follows: a. One (1) tree and four (4) shrubs shall be planted for every thirty (30) feet of frontage to be located within a strip of land paralleling the adjacent street and having a width of not less than ten (10) feet. Trees do not have to be placed thirty (30) feet on-center (except see Article 6, Section 6.02, “South Annie Glidden Road Corridor Overlay District”). Strategic grouping of trees and shrubs is encouraged. b. The landscaped strip of land paralleling the adjacent street shall be located on private property. The City Engineer and/or the official of the public agency having jurisdiction may permit this landscaped area to occur within the public right-of-way if it can be satisfactorily demonstrated that no reasonable alternative exists for its location on private property. b. c. This landscaped strip shall not be substantially impeded by utility easements or other encroachments which would negatively affect the intent of this Article. If existing easements would negatively affect the intent of this Article, said landscaped strip shall be located between the parking area and the right of way in such a manner as to fulfill the intent of this Article, which shall be subject to the approval of the Community Development Director or designee. d. A maximum of fifty (50) percent of the required number of trees may consist of a mix of ornamental and evergreen trees. e. In lieu of the landscaped strip, addition to the required number of trees and shrubs earth sculpting, berms, or decorative screening fences or walls may shall be installed on private property along the frontage of the adjacent street to a height of not less than three (3) feet above the grade of the parking area and, in the opinion of the Community Development Director or designee, are designed to effectively screen the parking area yet avoid erosion, drainage, maintenance or visibility problems. In lieu of earth sculpting, berms or decorative screening, fences or walls, the frontage may be 100 percent screened with shrubs that reach a height of three (3) feet at the time of maturity. (2019-025) f. No landscaping, hedge, wall, fence or berm that exceeds twenty-four (24) inches in height shall be located within ten (10) feet of any driveway opening nor otherwise located so as to interfere with the visibility of vehicles or pedestrians, as determined by the Community Development Director or designee (see Article 7, “Supplementary District Regulations”). 12-9 4. Landscaping Requirements for Side and Rear Yards: When any vehicle parking lot, storage or loading area is adjacent to a side or rear yard and landscaping is not otherwise required pursuant to Article 7.05, the side or rear yard setback area shall be landscaped as follows: a. A minimum of one (1) tree and four (4) shrubs shall be planted for every thirty (30) lineal feet of yard located parallel to and adjacent to the property line. Trees do not have to be placed thirty (30) feet on-center. Trees shall include an equal mix of deciduous, decorative and evergreen varieties. Strategic grouping of trees and shrubs is encouraged. b. A berm with a minimum height of three feet may be included as part of the landscaping requirement, in lieu of the shrubs, provided the berm is designed with side slopes not exceeding 3:1 and will not create any drainage or maintenance problems. Said berm shall be finished in an appropriate live ground cover. c. Alternative Option: A continuous hedgerow with a minimum height of 3 feet at the time of planting, consisting of evergreen species with dense vegetation, so as to effectively provide a continuous screen of the area. d. Up to 50% of the required quantity of landscaping for the side and rear yards may be relocated to the front yard or interior areas per the approval of the Community Development Director of designee. c.e. Side and rear yard areas adjacent to a residential zoned lot shall include screening pursuant to Article 7.05 of this Ordinance. d. Exception: This requirement shall not apply when the side yard setback is waived per paragraph 5 a (1), above. 5. Landscaping Requirements for Interior Areas. Any parking lot having sixty (60) or more parking spaces shall be further landscaped as follows: a. A minimum of twenty (20) square feet of interior landscaped areas shall be provided for each parking space. The landscaping shall be in one or more areas so as to break up the apparent expanse of the parking area, and so far as practicable, in such a way so as no aisle contains more than twenty (20) parking stalls without including a landscaped island In order to qualify as an interior landscaped area, said area shall be located wholly within or projecting inward from the boundaries of the parking area. The setback area landscaping, as provided in Sections 32 and 43, above, shall not qualify as an interior landscaped area, regardless of its width or depth. b. Individual interior landscaped areas shall have a minimum area of fifty (50) square feet and a minimum width of nine (9) feet. One (1) tree shall be planted for every four hundred (400) square feet of the aggregate total of all interior landscaped areas. Trees shall be evenly spaced whenever possible. c. A maximum of fifty (50) percent of the required number of trees may consist of a mix of ornamental and evergreen trees. c.d. Up to 50% of the required quantity of landscaping for interior areas may be relocated to the front yard, side yard or rear yard per the approval of the Community Development Director or designee. 6. Additional Requirements for Large Parking Lots: When any parking lot contains three hundred (300) or more parking stalls, or exceeds the minimum parking required by the UDO by thirty (30) percent or more, the following additional landscaping requirements shall apply: 12-10 a. The minimum size standards for 50% of the all trees shall be increased as follows: 1) Deciduous trees shall be not less than three and one-half (3-1/2) inches caliper; 2) Decorative trees shall be not less than two and one-half (2-1/2) inches caliper; 3) Evergreen trees shall be not less than six (6) feet in height. b. In addition to the interior landscaping required in paragraph 35, above, there shall be one landscaped strip, located between parking rows and parallel to the primary driving aisles, and running the length of the parking row, for each four (4) rows of parking or fraction thereof. For the purposes of this paragraph, one parking row shall include one driving aisle with parking stalls on one or both sides. These landscaped strips shall meet the following criteria: 1) The landscaped strip shall have a minimum width of ten (10) feet 2) The strips shall be located along the longest rows of parking, and if possible in such a way so as to frame the primary entrance(s) to the building; 3) The strips shall be landscaped with a ground cover, and shall include one deciduous tree with a minimum caliper of three and one-half (3-1/2) inches for each thirty (30) feet in length, or portion thereof; 4) The landscaped strips may include sidewalks or walkways, subject to the approval of the Community Development Director or designee, and provided that the intent of these areas to provide additional landscaping is not circumvented; 5) No part of the landscaped strips shall be included as part of the required interior or perimeter parking lot landscaping 6) For parking lots exceeding the minimum parking standards of the UDO by thirty (30) percent or more, the interior landscaping shall be increased to thirty (30) square feet per parking stall, not including the perimeter landscaping or the landscaped strips required above, for each stall that exceeds the UDO minimum requirements. 7. Landscaping Requirements for Parking Lots Adjacent to Residentially Zoned Property. See Section 7.05, Article 7, “Supplemental District Regulations.” 8. Exception in “CBD,” Central Business District: Where a proposed parking lot is located on property zoned “CBD,” Central Business District, the location and minimum dimensions of the required parking lot landscaping areas, whether perimeter or interior, may be adjusted and/or relocated to any combination of perimeter and/or interior landscaped areas, provided that the cumulative landscaped area and number of trees and plants is equivalent to what would otherwise be required, and the required landscaping is still located within or around the parking area(s). (1996-042). 9. Landscaping requirements for loading and storage areas, and all other vehicular use areas: In order to minimize the effect of large expanses of asphalt, all loading, storage, and vehicle maneuvering or other use areas not otherwise required to provide interior landscaping shall comply with the following: a. One tree shall be provided for each two thousand five hundred (2,500) square feet of such area; b. Fifty (50) square feet of landscaped area shall be provided for each two thousand five hundred (2,500) square feet of such area; 12-11 c. The landscaped area and trees are in addition to the other landscaping required on the site, and shall not be expected to be located within the vehicle maneuvering areas, but rather, shall be located along the periphery of such areas or elsewhere on the site. 10. Maintenance of Landscaping and Screening: All landscaping and screening shall be installed and permanently maintained as follows: a. All new landscaped areas shall be installed within six (6) months after the final occupancy or use of the building or premises. Dead plant materials shall be replaced in a timely fashion with living plant material, taking into consideration the season of the year, and shall have at least the same quantity and quality of landscaping as initially approved. b. All landscaping and screening shall be maintained in a healthy, neat, trimmed, clean and weed- free condition. Landscaped areas shall be covered with either grass and/or other types of pervious ground cover located beneath and surrounding the trees and shrubs. c. Landscaped areas within and immediately adjacent to an off-street parking or loading area shall be protected from the encroachment of motor vehicles by placing, along the entire perimeter of the landscaped area, a six (6) inch concrete curb or other curbing material approved by the City Engineer and/or designee per the requirements in Article 12.03.6(a) of this Ordinance.. 11. Exception for residential uses: No landscaping shall be required for any single family or two-family residence located within a residential zoning district, regardless of the number of parking spaces, storage areas or loading areas. Said exception shall not apply if the dwelling is not the principal use of the property. 12. Exception for industrial, and commercial and institutional uses: These landscaping requirements shall not apply to existing parking lots for industrial, or commercial or institutional properties which were legal at the time the parking areas were constructed, nor shall the new requirements set forth in this amendatory ordinance of 20032 apply to any Planned Development - Commercial or - Industrial zoned site which has an approved Preliminary Plan prior to the effective date of this amendatory ordinance of 2003. However, the new requirements shall apply to any expansion or redevelopment of any parking lots for said uses, and/or any formal amendments to an approved Preliminary Plan or Special Use Permit to the degree that compliance is possible. In the case where compliance with specific terms is not possible, the equivalent quantity of landscaping may be required to be placed elsewhere on the property. The Community Development Director or shalldesignee shall have the ultimate determination of the degree of compliance that is possible. 12.05 Maintenance of Parking Facilities Any person operating or owning a parking lot shall keep it free, as may be practical, of snow, ice, dirt and debris. Such persons shall also keep all adjacent sidewalks free from dirt, ice and shall keep the sidewalks in a safe condition for use by pedestrians. All signs, markers or any other methods used to indicate direction of traffic movement and locationmovement, location of parking spaces, and tow risk regulations shall be maintained in a neat and legible condition. Tow risk signs shall comply with Chapter 35.12 of the Municipal Code. Likewise, any lighting; walls; landscaping; including trees and shrubbery; as well as surfacing and curbing of the parking lot, shall be maintained in good condition throughout its use for parking purposes. 12-12 12.06 Minimum Off-Street Parking Space Dimensions The regulations of this subsection shall govern the dimensions of off-street parking spaces, including those provided in developments approved in planned districts or by a special use permit. procedure. Except as otherwise provided for in this Article, all uses except for single-family residential, shall comply with the following parking requirements: 1. Parking Table A B C D E F G Parking Stall 19' min Aisle Curb Curb to Center to angle width stall to width** length per curb center curb* car width of double row with aisle between 45° 9.0' 19.7' 12.5' 12.7' 51.9' 45.6' 60° 9.0' 21.0' 17.5' 10.5' 59.5' 55.0' 90° 9.0' 19.0' 24.0' 9.0' 62.0' 62.0' * Or as otherwise approved by the City Engineer or designee. ** Aisle widths indicated are for one-way flow except for ninety degree (90°) angled parking. All two-way aisles shall have a minimum width of twenty-four (24) feet. As may be determined by the City Engineer or designee, additional aisle width and turning radii may be required to accommodate City of DeKalb fire vehicles or, where the aisle serves as the principal means of access to on-site buildings or structures, drive-up facilities or loading and unloading areas. 2. In the event that the desired parking angle is not specified by the above table, the City Engineer or his/her designee may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table. 3. On-site parallel parking spaces shall be 9.0' x 22.0' adjacent to a 22' two-way aisle or 15' one-way aisle. 4. Perpendicular parking depths may be reduced to eighteen feet (18’), subject to the approval of the City Engineer and the Community Development Director or designee, in cases where the parking stall is adjacent to a landscaped area which provides additional overhang depth for the parking stalls. Angled parking stalls may be reduced by a proportional amount under the same circumstances. 5. Aisle widths associated with allowable compact car parking spaces shall be the same as required in the above table. 12-13 6. Off-street parking spaces for vehicles other than automobiles or small trucks (one ton or less) shall be of a size (exclusive of aisle, drives and maneuvering space) sufficient to accommodate the length and width of the vehicle as well as the opening of vehicle doors for ingress and egress as determined by the City Engineer or designee. 12.07 Supplemental Off-Street Parking and Loading Regulations 1. Determination of Required Number of Spaces a. Employees: Employees, when used as a measurement for determining the number of parking spaces for a new or established business expanding, shall be based on the number of employees in the largest shift. b. Floor Area: The term “floor area,” as employed in this Article, shall mean that, in the case of office, merchandising, or service types of use, the floor area of a building or structure intended to be used for employee service to the public as customers, patrons, clients or patients including area occupied by fixtures and equipment used for conduct of office activities, display or sale of merchandise. “Floor area” for the purpose of this Article shall not include area used for storage accessory to the principal use of a building or other accessory areas such as stairwells, restrooms, mechanical rooms and processing or packaging areas. etc. c. Fractional Parking Spaces: When application of the schedule of parking requirements as hereinafter provided might be interpreted as requiring a certain number of parking spaces, plus a fraction of a space, then such fraction shall be rounded off to the next highest whole number to determine the number of spaces required. 2. Accessible Parking a. Parking spaces provided for persons with disabilities shall comply with the standards set forth by the American National Standards Institute (ANSI) Code and the most recent edition of the Illinois Accessibility Code, as may be amended by state statute. b. In shopping centers, ramps from accessible parking spaces or drive aisles shall be provided along the sidewalks abutting building frontages at intervals of not more than sixty (60) feet. 3. Parking Exception for Churches: Off-street parking facilities required for churches may be reduced by fifty (50) percent where churches are located in non-residential districts and within three hundred (300) feet of usable public or private off-street parking areas. 4. Parking for Multiple Use Buildings: The number of parking spaces required for land or buildings used for two or more purposes, shall be the sum of the requirements for the various uses, computed in accordance with this Article. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except for churches. The same off-street parking spaces may be shared between two (2) or more separate non-residential uses on the same lot, but only to the extent the demand for such spaces by the separate uses will not occur at the same hours during the same days of the week. No shared parking shall be approved unless the Community Development Director or designee makes a finding that the use of shared parking spaces will not occur at the same hours during the same days of the week, based upon the type of uses and their hours of operation. The total number of required parking spaces for all the uses shall not be reduced by more than 25%. 5. Use of Parking Spaces; Non-Residential Uses: Off-street parking facilities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles, in operating condition, used by patrons, occupants or employees of such uses and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes or materials, unless as approved by a Planned 12-14 Development or Special Use Permit or for the parking of trucks used in the conducting the business or use. Correct numbering 4. Use of Required Parking Spaces; Residential Uses: Required off-street parking spaces serving residential uses and in a residential district including the driveway thereof, shall be used only for the parking of passenger automobiles of two axles or less, designed to carry twelve or less passengers; trucks of less than six feet, six inches in height measured from the highest point to the ground with fully inflated tires; boats; and recreational vehicles, the same being any vehicle originally designed or permanently converted and used for living quarters or for human habitation and not used as a commercial vehicle, including a house trailer, camper, or private living coach. However, said recreational vehicles shall not be used for living quarters or for human habitation and shall be parked on a surface constructed in accordance with the standards provided in Section 12.03. Because said parking is accessory to the permitted residential use, all required residential parking spaces shall be used solely for the benefit and convenience of the occupants of the occupants of the residence(s) served, and shall not be rented, leased or otherwise used for the parking or storage of motor vehicles by any other persons. 6.5. Snow StockpilingRemoval a. Snow removal shall be required when an accumulation of four (4) to six (6) inches of snow or sleet occurs in a period of twelve (12) or more hours on any more than thirty (30) percent of any required parking facility for any multiple family buildings containing three or more units, rooming houses, lodging houses, fraternities and sororities, hospitals, nursing homes or convalescent homes. b. Snow removal shall be required when an accumulation of six (6) to eight (8) inches of snow or sleet occurs in a period of twenty-four (24) or more hours on any more than thirty (30) percent of any required parking facility for any multiple family buildings containing three or more units, rooming houses, lodging houses, fraternities and sororities, hospitals, nursing homes or convalescent homes. c. Snow removal shall be required when an accumulation of eight (8) to ten (10) inches of snow or sleet occurs in a period of thirty-six (36) or more hours on any more than thirty (30) percent of any required parking facility for any multiple family buildings containing three or more units, rooming houses, lodging houses, fraternities and sororities, hospitals, nursing homes or convalescent homes. d. Snow removal shall be required when an accumulation of ten (10) or more inches of snow or sleet occurs in a period of forty-eight (48) or more hours on any more than thirty (30) percent of any required parking facility for any multiple family buildings containing three or more units, rooming houses, lodging houses, fraternities and sororities, hospitals, nursing homes or convalescent homes. e.a. All parking lots should provide must have a designated location for the stockpiling of snow storage, which shall be located away from public street rights-of-way and alleys, and shall not interfere with the safe movement of traffic within the parking lot. Further, the designated location shall be in an area where drainage is appropriate and re-freezing of sheet drainage will not negatively affect the safe movement of traffic in the parking lot or surrounding rights-of-ways. 7.6. Truck Parking: The unenclosed parking of trucks as a permitted accessory use associated with a permitted use in the commercial or industrial zoning districts shall be limited to vehicles not exceeding one and one-half (1-1/2) tons capacity when located within seventy-five (75) feet of a residential zoning district. 12-15 8.7. Bicycle Parking: Any parking lot serving a residential use of 103 or more units, rooming house or dormitory, and any other parking lot with 20 or more parking stalls, located along a designated bike path, shall provide at least one bicycle rack for safe and secure bicycle parking. The bicycle parking area shall be in a location which does not impede the safety of the cyclist or security of the parked bicycle. 9.8. Shopping Cart Corrals: Any parking lot with 100 or more parking stalls, designed to service a retail use, shall provide parking cart return corrals equally distributed throughout the parking lot, and placed in such a manner so that no parking stall is more than fifty feet (50’) from a cart corral. 12.08 Schedule of Off-Street Parking and Loading Requirements Subsections 12.08.01 through 12.08.09 of this Article contain the schedule of required parking for a variety of land uses and developments. For uses not included in any of these subsections, the Community Development Director or designee shall determine the number of required parking spaces based on the similarity of such use(s) to other uses contained in the schedule and/or the actual demand for off-street parking and loading estimated to be generated by the particular use(s). 12.08.01 Off-Street Parking Requirements – Commercial Retail sales, business, personal and professional services and office and research service facilities shall provide off-street parking and loading facilities as follows: Use Minimum Parking Requirements Auto parts and accessory stores, except auto parts 1 space for every 300 square feet of floor area departments of department or similar stores Auto Sales 1 space for every 300 square feet of floor area of sales shown and showroom area, 3 spaces for every service bay in repair garage areas and one space for every vehicle customarily used in the operation of use or stored on the premises. This shall not include space provided for vehicles for sale or lease Banks or other Financial Institutions with Drive- 1 space for every 250 square feet of floor area, plus through Facilities 3 stacking spaces for each drive-through teller station, including automatic teller machines Banks or other Financial Institutions without Drive- 1 space for every 250 square feet of floor area through Facilities Bar or, Tavern or other facility requiring a Class “A” 1 space for every 50 square feet of floor area liquor license in order to dispense alcoholic beverages as provided for in the DeKalb Municipal Code Barber and Beauty Shops 3 spaces for every chair Beverage Shops (Packaged Liquor Store) 1 space for every 150 square feet of floor area Bookstores and Card Shops 1 space for every 250 square feet of floor area 12-16 Use Minimum Parking Requirements Car Wash, except self-service Reservoir (line-up) stacking equivalent to five (5) vehicles per wash bay Car Wash, self-service Line-up area for each wash stall of sufficient size to accommodate three 3 vehicles. Day Care Centers, Day Care Homes, Group Day 1 space for every 10 children, plus 1 space for Care Homes every employee on the maximum shift Cigar and Newspaper Stands 1 space for every 300 square feet of floor area Clubs and Lodges 1 space for every 3 seats, plus 1 space per employee on the maximum shift Commercial Service Facilities, and Retail Sales Less than 50,000 sq. ft. - 1 space for ever y 250 Uses (except as herein noted)and Multi-Tenant square feet of floor area; 50,000 sq. ft. and over – Buildings/Shopping Centers (except as herein 1 space for every 300 sq. ft. noted) Commercial Plant Nurseries and Greenhouses 1 space for every employee on the maximum shift, 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus 1 space for every 250 square feet of floor area of salesroom Data Center 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Department, Discount and Variety Stores 1 space for every 250 square feet of floor area Distillery 1 space for every 3 seats, plus 1 space for every employee on the maximum shift Equipment Sales, Service, Rental and Repair 1 space for every 300 square feet of floor area Farm Equipment Sales, and Service, Rental and 1 space for every 300 square feet of floor area of Repair sales and showroom area and one space for every vehicle customarily used in the operation of this use or stored on the premises. This shall not include space provided for vehicles for sales or lease Grocery Stores and Food Markets, 7,500 square 1 space for every 200 square feet of floor area feet floor area and over Grocery Stores and Food Markets under 7,500 1 space for every 300 square feet of floor area square feet floor area (convenience store) Furniture Store, Retail 1 space for every 600 square feet of floor area Gas Station (with no service) 1 space for every employee on the maximum shift Gas Station (with service) 1 space per employee on the maximum shift, 3 spaces for every service bay and 1 space for every vehicle customarily used in operation of the use 12-17 Use Minimum Parking Requirements Hardware Stores 1 space for every 250 square feet of floor area Home Improvement Centers 1 space for every 300 square feet of floor area Hotels, Motels 1 space for every sleeping unit, 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus the appropriate number of parking spaces for other ancillary uses Kennels 1 space for every employee on the maximum shift, plus one space per 1000 square feet of floor area Laundromats, Laundry and Dry-Cleaning Pick-up 1 space for every 200 square feet of floor area Mail Order Sales 1 space for every employee on the maximum shift, or 1 space for every 600 square feet of floor area, whichever is greater, plus one space for every vehicle customarily used in operation of the use or stored on the premises Medical, Dental and Chiropractic Offices and 1 space for every 250 square feet of floor area, or Clinics 4 spaces for every doctor and 1 space for every additional employee, whichever is greater Micro-Distillery 1 space for every 3 seats, plus 1 space for every employee on the maximum shift Mortuaries and Funeral Homes 1 space for every 5 seats, or 1 space per 75 square feet of chapel or parlor area, whichever is greater, but not less than 10 spaces Office and Office Buildings (except as noted 1 space for every 300 square feet of floor area herein) Plumbing, Air Conditioning and Heating Equipment 1 space for every 300 square feet of sales and (Sales, Repairs and Warehousing) office area, 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Research Facilities and Laboratories 1 space for every employee on the maximum shift, or 1 space for every 600 square feet of floor area, whichever is greater, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Restaurants 1 space for every 3 seats, plus 1 space for every employee on the maximum shift. Additional parking is not required for temporary seasonal outdoor seating areas. 12-18 Use Minimum Parking Requirements Restaurants, with Drive-ThroughFast Food 1 space for every 32 seats, plus 1 space for every employee on the maximum shift, plus 5 stacking spaces for each drive-through pick-up window. Additional parking is not required for temporary seasonal outdoor seating areas. Vehicle Service Centers and Repair Facilities 1 space for every employee on the maximum shift, 3 spaces for every service bay and 1 space for every vehicle customarily used in operation of use or stored on the premises Veterinary Clinics and Hospitals 4 spaces for every doctor, plus 1 space for every additional employee Video Gaming Establishment 1 space for every 250 square feet of floor area Wholesaling 1 space for every employee on the maximum shift, or 1 space for every 600 square feet of floor area, whichever is greater, plus 1 space for every vehicle customarily used in operation of use or stored on the premises 12.08.02 Off-Street Parking Requirements – Cultural, Entertainment and Recreational Cultural, entertainment and recreational uses shall provide off-street parking and loading facilities as follows: Use Minimum Parking Requirements Amusement Parks 1 square foot of parking for each square foot of public activity area Athletic Fields 20 spaces for every diamond or athletic field, or 1 space for every 4 seats, whichever is greater (1 seat is equal to 2 feet of bench length) Auditoriums, Theaters, Meeting Rooms and Place 1 space for every 4 seats or 1 space for every 50 for Public Assembly (except as noted herein) square feet floor area when there is no fixed seating Bowling Alleys 3 spaces for every alley Clubs and Lodges 1 space for every 3 seats, plus 1 space per employee on the maximum shift Community Centers, Recreation and Health 1 space for every 300 square feet of floor area Centers, including Gymnasiums and indoor Swimming Pools Drive-In Theaters 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or store on the premises 12-19 Use Minimum Parking Requirements Fairgrounds Sufficient open land convertible to parking such that no vehicle needs to be parked on any street Golf Courses 4 spaces for each hole, plus 1 space per employee on the largest shift, plus 50 percent of the spaces otherwise required for any accessory uses (i.e., bars and restaurants) Golf Driving Ranges 2 spaces for every tee Gymnasium without bleachers or fixed seating 1 space for each 4 persons allowed within the maximum occupancy load Parks, Playgrounds, Picnic Grounds Space equivalent to 1 percent of the total land area. Parking area available along park roads or private drives may be used to fulfill this requirement Stadiums, Sports Arenas and Gymnasiums with 1 space for every 4 seats (1 seat is equal to 2 feet spectator facilities of bench length) Swimming Pools 2 spaces for every 100 square feet of water area Tennis Courts 4 spaces for every court 12.08.03 Off-Street Parking Requirements – Industrial Industrial uses shall provide off-street parking and loading facilities as follows: Use Minimum Parking Requirements Animal Slaughtering, Meat-packing and Rendering 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Blacksmith, Sheet Metal and Welding Shops 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Extraction of Raw Materials 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Impound Yards, Junk Yards, Salvage Yards, 1 space for every employee on the maximum shift Wrecking Yards and Land-fills plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Laundry or Dry-Cleaning Plants 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises 12-20 Mail Order Sales 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Manufacturing and Fabrication 1 space for every employee on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Plumbing, Air Conditioning and Heating Equipment 1 space for every 300 square feet of floor area of (sales, repairs and warehousing) and contractor sales and office area, 1 space for every employee offices and shops on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Reclamation Plants, Steel Mills, Foundries or 1 space for every employee on the maximum shift, Smelters Warehousing plus 1 space for every vehicle customarily use in operation of the use or stored on the premises but, in no case, shall there be less than 3 spaces Warehouse and wholesale establishments, 1 space for every employee on the maximum shift distribution centers plus 1 space for every vehicle customarily used in operation of the use or stored on the premises 12-21 12.08.04 Off-Street Parking Requirements – Institutional Institutional uses shall provide off-street parking and loading facilities as follows: Use Minimum Parking Requirements Churches 1 space for every 4 seats (one seat equals 2 feet of bench length) Fire Stations 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Hospitals 1 space for every 2 beds, plus 1 space for every staff doctor and employee on the maximum shift Libraries, Reading Rooms 1 space for every 250 square feet of floor area, 1 space for every 6 seats in an auditorium and 1 space for every employee on the maximum shift Senior Housing Nursing Homes Nursing Home/Congregate Care- 1 space for every 5 beds, 1 space for every self-care unit and 1 space for every employee on the maximum shift; Independent Living – 1 parking space per dwelling unit; Assisted Living - .5 parking spaces per dwelling unit Police Stations 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus a minimum of 3 visitor spaces Postal Stations 4 spaces for every customer service station, 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Schools, Public and Private; all grades 1 space for every classroom and office, 1 space for every 4 students over 16 years of age, 1 visitor space for each office, and 1 space for every non- teaching or non-office employeer on the maximum shift Schools, Vocational, Business and Trade 1 space for every classroom, plus 1 space for every 2 students 12.08.05 Off-Street Parking Requirements – Open Space and Agriculture Open space and agriculture uses shall provide off-street parking and loading facilities as follows: Use Minimum Parking Requirements Cemeteries 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Forest and Wildlife Reservations Sufficient open space land available for parking so that no vehicle is need be parked on any street 12-22 Use Minimum Parking Requirements 12.08.06 Off-Street Parking Requirements – Residential Residential uses shall provide off-street parking and loading facilities as follows: Use Minimum Parking Requirements Community Residence; Small or Large 1 parking space for every 4 bedrooms, plus 1 space for each support staff on the maximum shift Dwelling, Single Family Detached, Single Family 2 parking spaces per dwelling unit Attached, Two Family Attached, Duplexes Use Minimum Parking Requirements Dwelling, Multiple Family and Condominiums, or 1 parking space per bedroom (including rooms Townhomes used for rental purposed (not owner which may be readily used as bedrooms including, occupied) but not limited to, dens, studies, etc.) PLUS another 0.335 parking stalls per unit, e.g. Efficiency or 1-bedroom = 1.335 spaces 2 bedroom = 2.335 spaces 3 bedroom = 3.335 spaces 4 bedroom = 4.335 spaces Fraternities or Sororities .851 spaces for each occupant calculated on the licensed capacity of the building Group Home 1 space for each occupant calculated on the licensed capacity of the building Lodging House 1 space for every 4 occupants calculated on the licensed capacity of the building Rooming House 1 space for each occupant calculated on the licensed capacity of the building 12.08.07 Off-Street Parking Requirements – Transportation, Communication and Utilities Transportation and communication uses and utilities shall provide off-street parking and loading facilities as follows: Use Minimum Parking Requirements Airports, Heliports and Landing Strips 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus 1 space for every 200 square feet of lobby area Highway Department Garages 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises Terminal (air, bus, railroad and truck) 1 space for every employee on the maximum shift, plus 1 space for every vehicle customarily used in 12-23 operation of the use or stored on the premises, plus on space for every 200 square feet of lobby area 12.08.08 Loading Requirements An off-street loading space shall be an area other than a street or public right-of-way, used principally for the standing, loading, or unloading of motor trucks, tractors and trailers so as to avoid undue interference with the public use of streets and alleys, any established fire lanes, or any parking lot aisles or parking spaces. All off-street loading spaces shall be constructed in accordance with the design standards specified in Section 12.03. 12.08.09 Storage Requirements No parking lot or driveway shall be used as a storage area if located between the principal building and the street. No portion of the required parking may be used for storage. Exceptions to this requirement shall only include temporary special events or seasonal displays, such as garden centers and/or back-to-school sales, and are subject to obtaining a Temporary Use Permit in accordance with Article 14.07.01 of this Ordinance. 12-24