DeKalb Times

City of Dekalb Planning & Zoning Commission met Dec. 19.

Here are the minutes provided by the commission:

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 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. Public Hearing– A petition by Jibraeel Silat for approval of a special use permit for a retail tobacco store at 901 Lucinda Ave., tenant space 901-P.

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 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.

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.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_12192022-2288