DeKalb Times

City of Dekalb Planning & Zoning Commission met Nov. 20.

Here are the minutes provided by the commission:

The Planning and Zoning Commission held a meeting on November 20, 2023, at the DeKalb Police Department in the 2nd Floor Training room located at 700 W. Lincoln Highway, 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, Bill McMahon, and Chair Max Maxwell. Maria Pena-Graham, Shannon Stoker, and Jerry Wright were absent. Planning Director Dan Olson was present representing the City of DeKalb.

B. APPROVAL OF THE AGENDA (Additions/Deletions)

Chair Maxwell requested a motion to approve the November 20, 2023, agenda as presented. Mr. Becker motioned to approve the agenda as presented. Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote.

C. APPROVAL OF MINUTES

1. November 6, 2023 –Chair Maxwell requested a motion to approve the November 6, 2023, minutes as presented. Mr. McMahon motioned to approve the minutes as presented. Mr. Becker 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 Dr. Jeffrey Frank for approval of a variance to the Unified Development Ordinance to reduce the 30-foot minimum rear yard setback to 20 feet in order to accommodate a new medical office building for the property located at 3201 Commerce Dr.

Dr. Jeffrey Frank, the property owner, started by informing everyone that he is an eye doctor along with his wife, and have worked in the Sycamore/DeKalb area for 20 years and have outgrown their current space (2570 DeKalb Ave.). Dr. Frank stated he purchased the subject site and is working with an architect, and they hope to start building in March or April of 2024 with an opening date scheduled in 2025.

Dr. Frank went on to discuss the main reason for the variance request is to provide close parking for geriatric and disabled patients who need easy access to the building. He stated the variance will result in nine parking spaces in front of the building, which will allow the building to have more square footage. Dr. Frank mentioned a hardship exists due to the shape of the lot which is not completely rectangular and limits the buildable area. He added the plan will not negatively affect any homeowner behind their property. Dr. Frank said they will be abiding by all the regulations including landscaping and lighting.

Planning Director Olson went through the Staff Report dated November 16, 2023. He mentioned the subject site is part of a commercial subdivision and the applicant is dealing with setbacks that are part of subdivision and in the UDO. Mr. Olson spoke on the setback of 30 feet required between commercial and residential properties. He said if the applicant followed the 30-foot setback to the west, it would result in only four (4) parking spaces in front of the building. Mr. Olson also pointed out if they kept the 30-foot building setback and provided nine (9) parking spaces in front of the building it would reduce the square footage of the building.

Mr. Olson said the hardship is based on the irregularly shaped lot which causes an issue for the applicant to be able to provide adequate parking in front of the building. He discussed the requirements for screening and landscaping, indicating both will be addressed when the applicant applies for a building permit.

Planning Director Olson confirmed the applicant met the hardship requirements for a variance and the staff recommends approval. He mentioned the City received letters of support from Charles Cronauer of 538 Bethany Road, Michael Daly of 550 Bethany Road, and Richard Katz on behalf of Resource Bank (555 Bethany Rd.). Mr. Olson stated a letter was received from Alan and Jane School of 3220 Meadow Trail E who do not support the proposal due to the removal of trees, disruption of their view and lighting.

Chair Maxwell asked if there were any questions or comments from the public. Jane School, 3220 Meadow Trail provided a speaker request form at that time. Ms. School of stated she does not object to having a medical office building behind her property. She stated her concern is in regard to property values, buffering, and lighting. Ms. School asked if moving the building north would eliminate the request for variance.

Dr. Frank said he spoke with his architect who stated the School’s would see more of the building if they moved it north on the property and it would be right behind their house. He added right now they will only see the corner of the building. Dr. Frank stated he would lose 1,000 sq. ft. of the building and would lose the parking spots if it was moved north.

Planning Director Olson informed the Commission they could recommend certain lighting standards as a condition and that additional screening and landscaping will be required per the UDO.

Chair Maxwell asked if there were any questions or comments from the Commission members.

Bill McMahon inquired if the building could be shifted at an angle from what it is showing on the plan and meet all the setbacks. Dr. Frank responded it would only affect half of the building. Max Maxwell said it looks like it would create a wedge in the middle of the architecture and affect the greenspace.

Planning Director Olson stressed the architect works primarily on medical office buildings and the applicant has to follow additional rules for the commercial subdivision which were looked at by the architect.

Mr. Becker said he does not believe 10 feet will make much of a difference in the resident’s view of the building and stated the homeowners do not want parking lot lighting passing into their yards. Dr. Frank answered the lighting will follow the guidelines put in place by the City and they will shine downward, not horizontal towards the homes.

Max Maxwell questioned the hours of operation. Dr. Frank responded Monday, Wednesday, and Friday will be 9:00 a.m. to 5:00 p.m., Tuesday and Thursday 9:00 a.m. to 7:00 p.m., and Saturday 8:00 a.m. to 2:00 p.m.

Jane School asked if the lights could be off when nobody is present to save on electricity. Dr. Frank stated the lights in the parking lot could be, however was not sure about the lighting near the building.

Mr. Becker moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission approve a variance to Article 5.07.04.2.c of the Unified Development Ordinance to reduce the 30-foot minimum rear yard setback to 20 feet in order to accommodate a new medical office building as shown in Exhibit A dated 10-24-23 with parking lot lighting at lower ranges consistent with rules relative to commercial properties abutting residential properties.

Ms. O’Flaherty seconded the motion.

A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Mr. McMahon – Yes, Chair Maxwell – Yes. Ms. Stoker, Ms. Pena-Graham, and Mr. Wright were absent. Motion passed 4-0-3.

2. Public Hearing – A petition by Bobby Perez for approval of an amendment to Ordinance 2017-015 and approval of a special use permit to allow a retail tobacco store at 650 Peace Rd.

Bobby Perez, business owner at 650 Peace Road Unit E, and Attorney Katarina Karac were present for the request. The applicant is requesting approval of an amendment to Ordinance 2017-015 and special use permit to allow retail tobacco sales at the subject location. Attorney Karac indicated the property is zoned Planned Development Industrial District and the tenant space consists of a lower-level unit and upper-level unit. She explained the lower-level is occupied by Chicago Canna and Mr. Perez is proposing a tobacco retail store on the mezzanine level which consists of 1,200 sq. ft. Ms. Karac discussed the amendment to Ordinance 2017-015 is due to Section 4.1

Sub-Sections 3.j and 3.l which prohibit tobacco retail sales and drug paraphernalia sales. Ms. Karac stressed all the retail sales would be lawful and standard products for tobacco and cannabis uses.

Attorney Karac stated the business on the second level would be named Bob’s Exotic and Mr. Perez’s main purpose is to educate the public and be a resource to the community for tobacco and cannabis products. Ms. Karac informed the Commission the applicant will develop a safety plan with the Police Department and will go through the licensing processes with the City. She added the proposed plan meets the criteria for a special use permit and complies with the City’s Comprehensive Plan. Attorney Karac briefly spoke on a letter of objection received from the Forge Resources Group.

Planning Director Olson went over the Staff Report dated November 16, 2023, and notified the Commission a list of prohibited uses was commonly put into Planned Development Ordinances and an amendment is needed to Ordinance 2017-015 to remove the prohibition on retail tobacco sales and drug paraphernalia.

Mr. Olson gave background on retail tobacco stores being added to the UDO in 2015 with an amendment being approved in early 2023 addressing further regulations. He stated the proposed site meets all the setback requirements and there will be no smoking allowed inside the building. Mr. Olson notified the Commission the applicant would go through the licensing process with the City if approved and added the proposal meets the Comprehensive Plan.

Planning Director Olson said the City received one public response form from Lucas Ray of Forge Resources Group at 1801 Pleasant St. Mr. Olson stated Mr. Ray noted in the letter they do not support the request due to the detrimental effects of the sale of drug paraphernalia to employees in the area.

Chair Maxwell asked if there were any questions or comments from the public in which there were none.

Chair Maxwell asked if there were any questions or comments from the Commission.

Steve Becker mentioned a cannabis dispensary was approved for this tenant space a few years ago and it’s a good thing if someone can provide education on cannabis.

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 an amendment to Ordinance 2017-015 to delete from Section 4.3 Prohibited Uses; item j. which includes drug paraphernalia sales and item l. which includes retail tobacco sales for the property located at 650 Peace Road, Unit E. Approval is also recommended for a special use permit for a retail tobacco store for the subject tenant space as shown on Exhibit A and subject to the following:

1. The applicant shall obtain a tobacco license for the City of DeKalb prior to the selling of tobacco products.

2. There shall be no smoking in the approved tenant space.

3. A security plan shall be approved by the DeKalb Police Department prior to occupancy.

Mr. Becker seconded the motion.

A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Mr. McMahon – Yes, Chair Maxwell – Yes. Ms. Stoker, Ms. Pena-Graham, and Mr. Wright were absent. Motion passed 4-0-3.

F. REPORTS

Planning Director Olson announced the next Commission meeting is set for Monday, December 4 at the library. He noted there will be a hearing for the rezoning of seven parcels owned by the Kishwaukee Water Reclamation District to the “GS” Government Sanitary District. He added so far there is one hearing scheduled for the December 18 meeting, which is a rezoning and special use request for a residential property on Cotton Avenue. Mr. Olson said he is looking at possibly cancelling the January 2, 2024, meeting due to the New Years Holiday.

G. ADJOURNMENT

Mr. McMahon motioned to adjourn, Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:48 PM.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_11202023-2449