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2016-01-06 - Planning and Zoning Commission - Agenda Packet Meeting of the Village of Buffalo Grove Planning and Zoning Comission Regular Meeting January 6, 2016 at 12:00 AM Fifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 I. Call to Order 1. Pledge of Allagence II. Public Hearings 1. Public Hearing- 1167 Green Knolls (Request to Continue to January 20, 2016 Meeting) (Jeffrey Berman) 2. Public Hearing- Electronic Cigarette and Tobacco Stores (David Weidenfeld) III. Regular Meeting A. Approval of Minutes 1. Consider Approving Regular Meeting Minutes from December 16, 2016 (David Weidenfeld) B. Matters for Discussion C. Chairman's Report D. Committee and Liaison Reports E. Future Agenda Schedule F. Public Comments and Questions G. Staff Report IV. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. V. Action Items The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Updated: 12/31/2015 2:45 PM Page 1 Action Item : Public Hearing- 1167 Green Knolls (Request to Continue to January 20, 2016 Meeting) Recommendation of Action Both staff and the petitioner are requesting that this item be continued to the January 20, 2016 Planning & Zoning Commission (PZC) Meeting. The PZC shall open the public hearing and continue the item to the next meeting date. The petitioner is requesting a variation to increase the maximum allowed front yard coverage for a driveway. Trustee Liaison Staff Contact Trustee Berman Chris Stilling, Building & Zoning Wednesday, January 6, 2016 2.1 Packet Pg. 2 Updated: 12/31/2015 3:09 PM Page 1 Action Item : Public Hearing- Electronic Cigarette and Tobacco Stores Recommendation of Action At the December 16th PZC meeting, staff informed the members about the upcoming discussion regarding E-cigarettes and E-Cigarette stores. Staff had published this item for a public hearing at the January 6, 2016 PZC meeting. At tonight’s hearing, staff is requesting that the PZC continue the public hearing to January 20, 2016 to allow staff more time to further research the matter. Staff recommends that the PZC open the public hearing and continue the item to the January 20, 2016 PZC meeting. ATTACHMENTS:  PZC Memo (DOCX) Trustee Liaison Staff Contact Trustee Weidenfeld Chris Stilling, Building & Zoning Wednesday, January 6, 2016 2.2 Packet Pg. 3 Page 1 of 1 VILLAGE OF BUFFALO GROVE DATE: December 31, 2015 TO: Planning and Zoning Commission (PZC) FROM: Christopher Stilling, Director of Community Development SUBJECT: Electronic Cigarette and Tobacco Stores Background At the December 16th PZC meeting, staff informed the members about the upcoming discussion regarding E-cigarettes and E-Cigarette stores. Staff had published this item for a public hearing at the January 6, 2016 PZC meeting. At tonight’s hearing, staff is requesting that the PZC continue the public hearing to January 20, 2016 to allow staff more time to further research the matter. Preliminary Findings/Next Steps Village staff has begun preliminary research on how neighboring communities such as Palatine, Wheeling, Mount Prospect, and Lincolnshire regulate e-cigarette retail stores and vape lounges. The Village has also examined previous Northwest Municipal Conference surveys regarding this topic. Our preliminary research indicates that communities generally regulate or intend to regulate e- cigarettes products and vape stores as they regulate tobacco products and tobacco stores. If a community viewed tobacco stores as special use in its business district, vape stores were considered a special use the business districts. If a community never specified tobacco stores in their code and considered it a type of permitted retail use, electronic cigarette stores were also viewed as specific type of permitted retail use. Many communities have not addressed vape lounges yet, however many speculate that they would treat it similar to a smoking lounge. Some communities have amended their own Clean Indoor Air Ordinance to include the prohibition of e-cigarettes, while most others have left this issue to the state. To examine this more closely, Village staff is working with the Northwest Municipal Conference to conduct a survey on this topic. Key findings of that survey will be discussed at the next Planning and Zoning Commission meeting along with suggested regulations. Action Requested Staff recommends that the PZC open the public hearing and continue the item to the January 20, 2016 PZC meeting. 2.2.a Packet Pg. 4 At t a c h m e n t : P Z C M e m o ( 1 4 1 5 : P u b l i c H e a r i n g - E l e c t r o n i c C i g a r e t t e a n d T o b a c c o S t o r e s ) Updated: 12/31/2015 2:25 PM Page 1 Action Item : Consider Approving Regular Meeting Minutes from December 16, 2016 Recommendation of Action Staff Recommends Approval Consider Approving Regular Meeting Minutes from December 16, 2016 ATTACHMENTS:  BGPC_12-16-15 - Regular Meeting (DOCX) Trustee Liaison Staff Contact Trustee Weidenfeld Chris Stilling, Building & Zoning Wednesday, January 6, 2016 3.A.1 Packet Pg. 5 Buffalo Grove Planning & Zoning Commission – Regular Meeting –December 16, 2015 Page 1 Village of Buffalo Grove Planning & Zoning Commission Regular Meeting Date: December 16, 2015 Location: Village Hall Chairman Smith called the meeting to order at 7:30pm in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Roll Call Present: Commissioners Cesario, Goldspiel, Khan, Moodhe, Weinstein and Chairman Smith Absent: Commissioner Cohn, Lesser and Shapiro Also Present: Mr. Brian Sheehan, Village Building Commissioner; Mr. William Raysa, Village Attorney; Ms. Nicole Woods, Village Planner; Mr. Christopher Stilling, Community Development Director Minutes Public Hearing Minutes (777/811 N Checker Road) – November 4, 2015 Commissioner Moodhe moved to approve the public hearing minutes for 777/811 N Checker Road from November 4, 2015. Commissioner Weinstein seconded the motion. Aye: Cesario, Goldspiel, Moodhe, Weinstein, Smith Nay: None Abstain: Khan The motion carried 5:0:1. Public Hearing Minutes (2123 Sheridan Road) – November 4, 2015 Commissioner Weinstein moved to approve the public hearing minutes for 2123 Sheridan Road from November 4, 2015. Commissioner Moodhe seconded the motion. Aye: Cesario, Goldspiel, Moodhe, Weinstein, Smith Nay: None Abstain: Khan The motion carried 5:0:1. Regular Meeting Minutes – November 4, 2015 Commissioner Cesario moved to approve the regular meeting minutes from November 4, 2015. Commissioner Moodhe seconded the motion. Aye: Cesario, Goldspiel, Moodhe, Weinstein, Smith Nay: None Abstain: Khan 3.A.1.a Packet Pg. 6 At t a c h m e n t : B G P C _ 1 2 - 1 6 - 1 5 - R e g u l a r M e e t i n g ( 1 4 1 2 : C o n s i d e r A p p r o v i n g R e g u l a r M e e t i n g M i n u t e s f r o m D e c e m b e r 1 6 , 2 0 1 6 ) Buffalo Grove Planning & Zoning Commission – Regular Meeting –December 16, 2015 Page 2 The motion carried 5:0:1. Matters for Discussion Economic Development Strategic Plan A packet was distributed to the commission regarding the Economic Development Strategic Plan. Ms. Woods went through the plan. She reviewed the purpose of the economic development strategic plan which included three key components: a willing property owner, a viable business, and a proactive Village. However, the only thing in the municipality’s control was being a proactive Village. She discussed the plan’s objective, reviewed the planning process, and discussed the role of the Economic Development Strategic Plan Steering Committee. A draft plan is being developed for presentation in 2016. She spoke about how the Village used public participation and community engagement to develop a list of strengths, weaknesses, and visions for the future. These lists were reviewed. She reviewed the goals, recommendations, and action steps for each of the plan’s three themes: Economic Growth, Land Use and Development, and Quality of Life. Mr. Stilling said that they wanted to receive the commission’s feedback on the plan as a whole as this document would help the Village drive decisions for years forward and prevent the Village from being in solely reactionary mode. There was a brief discussion regarding visions for the community’s subareas and whether a downtown was necessary. Ms. Woods reviewed the retail/commercial corridors like Town Center and Dundee Road; the industrial/office corridors like the Northern Industrial and Southern Industrial areas; and the mixed-use corridors like Lake-Cook Road and Milwaukee Avenue. Mr. Stilling noted that there had not been land use maps prior to this project, so these would be useful to reference in the future. Commissioner Cesario said that the commission received several comments about mixed use in certain areas; Ms. Woods said that this would be looked into to determine if it would be appropriate to address in this plan. There was some discussion regarding how these discussions would go forward. Commissioner Cesario wanted to highlight the importance of leveraging the school district and other amenities in the area. Mr. Stilling said that the Village Board recently approved a proposal for expansion of an economic incentive program for a new business; it was noted that the CEO of that business was interested in the community because he lived in the area which was good for his family. Ms. Woods said that the plan was still being refined, and there was a portion of the Village’s website dedicated to this plan. She felt that this commission was an appropriate body to help support this plan and guide its implementation. Mr. Stilling added that the tentative timeline was to be present the draft plan to the Steering Committee in January and review it with the Village Board at a Committee of the Whole meeting in February. 3.A.1.a Packet Pg. 7 At t a c h m e n t : B G P C _ 1 2 - 1 6 - 1 5 - R e g u l a r M e e t i n g ( 1 4 1 2 : C o n s i d e r A p p r o v i n g R e g u l a r M e e t i n g M i n u t e s f r o m D e c e m b e r 1 6 , 2 0 1 6 ) Buffalo Grove Planning & Zoning Commission – Regular Meeting –December 16, 2015 Page 3 Commissioner Moodhe said that under the strengths, the Village sometimes forgot to mention the Chicagoland airport. Private aircraft could be available nearby, executives could be living in the Village, and there was housing diversity. Ms. Woods said that access to regional assets would be noted. Commissioner Moodhe asked about the misconception about manufacturing businesses. Ms. Woods said that any industrial was usually considered as a traditional factory, which was untrue. She also found that in the market assessment, many people were shocked at the strength of the commercial sector of the Village. The retail footprint was smaller and would likely not grow much; however, the industrial uses would continue to be desirable. Mr. Stilling said that advanced manufacturing was an industrial use with high-paying jobs; the Village found that a lot of the younger work force that these companies were pursuing did not have housing options in this area. Commissioner Cesario noted that at the same time, the Village needed to accept that it could not be all things to everyone. Mr. Stilling agreed and said that the Village needed to decide what would be appropriate. Ms. Woods said that the housing issue was across all generations and demographics; she wanted to just ensure that the Village was as accessible as possible with the help of the businesses. Commissioner Moodhe noted that the term “advanced manufacturing” should be used to help clarify the misconception. Commissioner Khan said that there used to be a Pace bus that ran along Arlington Heights Road; this route was removed due to non-use. There were four train stations, but they were all in driving distance. Also, under quality of life, he asked about diversified housing stock and what was missing. Mr. Stilling said that active senior housing was a key missing component; also, millennials were looking for new and unique housing with amenities. He noted that Buffalo Grove was in high demand for the developers. Commissioner Khan also asked about what percentage of industrial park areas were for mixed use. Mr. Stilling said that the areas that had had issues were in the traditional industrial parks. The flexible uses were less of an issue. Commissioner Goldspiel said that he wanted to focus on public transportation with the transportation congestion problems and people coming in from outside of Buffalo Grove. He said that the original vision of the Village was for residents who commuted to Chicago for work; studies now show the reverse commute occuring. He wanted to look into how to link Buffalo Grove with other communities without going downtown. Ms. Woods added that this was probably going to be fleshed out under the quality of life theme as accessibility was important. She noted that van pools were mentioned in the plan because it was a short-term solution until the long-term plans could be incorporated with the appropriate transportation agencies. Mr. Stilling said that the final document would come back to the commission once it was approved. This would include an implementation matrix and an annual work plan that would be incorporated into the budget process. E-Cigarettes and Tobacco Shops 3.A.1.a Packet Pg. 8 At t a c h m e n t : B G P C _ 1 2 - 1 6 - 1 5 - R e g u l a r M e e t i n g ( 1 4 1 2 : C o n s i d e r A p p r o v i n g R e g u l a r M e e t i n g M i n u t e s f r o m D e c e m b e r 1 6 , 2 0 1 6 ) Buffalo Grove Planning & Zoning Commission – Regular Meeting –December 16, 2015 Page 4 Mr. Stilling said that an emerging land use was e-cigarettes and tobacco shops, and there had been several inquiries about this. However, the Village did not have any regulations regarding it. The use being inquired about was selling these products as well as making them on site. He wanted to clarify what the acceptable land use was for this. The text document would come up for a public hearing in January, but he wanted to discuss it first. The trend had been to amend the definition of a tobacco shop to include e- cigarettes. Tobacco was a permitted use in the B-2 districts if this was the approach that the Village wanted to take. This would likely attract stores along Dundee Road if approved as such. The other option was to define it as a special use to look at on a case- by-case basis. Currently, tobacco shops did not have to take into account the proximity to schools or parks. Mr. Stilling noted that some “vape” shops did incorporate a vaping room; this was not addressed by the state as it has been left up to each municipality to regulate. The state currently did not have many regulations on e-cigarettes other than persons under the age of 18 could not purchase them. However, there was currently no law against usage for underage children. Commissioner Goldspiel said that the e-cigarettes were a drug delivery system, in his opinion. He said that it was not clear if there was harm with this product. He asked if there was any legal framework in the state or country for regulation. Mr. Stilling said that California was the most progressive state in regulating, and most states were crafting regulations that mirrored tobacco use as a special use. These same communities were regulating use in public spaces due to the unknown health or safety concerns. There were different sides of this debate, and this was under the Village’s jurisdiction to determine. Commissioner Goldspiel said that there needed to be an enforceable age limit for this product. Mr. Stilling said that the Village currently was in favor of e-cigarette and tobacco use being handled the same way. Commissioner Goldspiel asked about hookah shops; Mr. Sheehan said that these were not allowed in the Village as active smoking occurred. Commissioner Moodhe asked if there was a difference between e-cigarettes and vaping. Mr. Stilling said that the Village was still learning about the different products, but there was a difference. There was some discussion regarding getting specific between the two markets to determine how to regulate them. Commissioner Moodhe said that in the DuPage area, there were some vape rooms that had gone up that allowed patrons to bring in their own product. Mr. Stilling said that the Village had liquor licenses, and it was feasible to allow regulation on usage through this. Commissioner Moodhe asked about nicotine being classified as a drug by the FDA, and Mr. Stilling said that this was a concern of Staff. There was some discussion regarding legal and health concerns and looking at this closely, including discussing with the health department. Mr. Stilling said that the Village Staff was drafting a potential text amendment. Chairman Smith said that he wanted to have the Board of Health take a look at this issue as well. Commissioner Moodhe asked about the area where a tobacco or vape shop would potentially go up; it was determined the areas being considered were zoned B-3 which allowed for tobacco use. Commissioner Cesario said that he saw e-cigarettes and 3.A.1.a Packet Pg. 9 At t a c h m e n t : B G P C _ 1 2 - 1 6 - 1 5 - R e g u l a r M e e t i n g ( 1 4 1 2 : C o n s i d e r A p p r o v i n g R e g u l a r M e e t i n g M i n u t e s f r o m D e c e m b e r 1 6 , 2 0 1 6 ) Buffalo Grove Planning & Zoning Commission – Regular Meeting –December 16, 2015 Page 5 tobacco in the same light, and he felt that this was an opportunity for the Village to regulate it. He also wanted this usage to be incorporated under the smoke free act. Commissioner Weinstein said that the pre-packaged products of tobacco versus e- cigarettes were the same. He also felt that special use should be required if the product would be used on site. Mr. Stilling recommended some language to establish provisions on how to regulate it on a case-by-case basis. There was also some discussion regarding how the shops were positioned in order to be within Cook county or Lake county tax districts. Commissioner Moodhe asked what kind of revenue was generated by tobacco shops. Mr. Stilling said that there was no data on this currently. Commissioner Moodhe asked how e-cigarettes were taxed; Mr. Stilling confirmed that these were not taxed the same as tobacco. Mr. Stilling said that this would come forward as a public hearing on January 6 with some additional data. This could be continued as needed as the Village was ahead of any potential applications that would come in. Chairman Report None Committee and Liaison Reports Mr. Stilling said that Scott Lesser could not attend the Board meeting on December 21 and asked if someone could attend in his stead. There was no planning and zoning items on the agenda. Commissioner Moodhe would cover this. Future Agenda Schedule Mr. Stilling said that January 6 would have a variation for a driveway and a public hearing for an e-cigarette text amendment. There would also likely be a workshop on the Olson property. Looking forward, he expected the commission to be busy at the beginning of the year. The PJ’s and previous McDonald’s site was being re-developed, and this was in discussion with the Village. He expected this to come up during the second half of January as was another development project to discuss next steps after a developer pulled out of a project. There had been other interest in this area. Lastly, an industrial developer with 850 Asbury (the former Dell building) wanted to demolish and reconstruct a larger building. This met all zoning requirements currently, but there might be some preliminary plan approval at the second half of January. Public Comment and Questions None Staff Report None Adjournment 3.A.1.a Packet Pg. 10 At t a c h m e n t : B G P C _ 1 2 - 1 6 - 1 5 - R e g u l a r M e e t i n g ( 1 4 1 2 : C o n s i d e r A p p r o v i n g R e g u l a r M e e t i n g M i n u t e s f r o m D e c e m b e r 1 6 , 2 0 1 6 ) Buffalo Grove Planning & Zoning Commission – Regular Meeting –December 16, 2015 Page 6 At 9:05pm, Commissioner Cesario moved to adjourn the meeting. Commissioner Khan seconded the motion. Aye: Cesario, Goldspiel, Khan, Moodhe, Weinstein, Smith Nay: None Abstain: None The motion carried 6:0:0. Respectfully submitted, Laura Griffith Recording Secretary Karick & Associates 3.A.1.a Packet Pg. 11 At t a c h m e n t : B G P C _ 1 2 - 1 6 - 1 5 - R e g u l a r M e e t i n g ( 1 4 1 2 : C o n s i d e r A p p r o v i n g R e g u l a r M e e t i n g M i n u t e s f r o m D e c e m b e r 1 6 , 2 0 1 6 )