2016-02-17 - Planning and Zoning Commission - Minutes02/17/2016
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, FEBRUARY 17, 2016
Call to Order
The meeting was called to order at 7:31 PM by Commissioner Eric Smith
Public Hearings
1. (ID # 1465) Consider a Text Amendment to the Zoning Ordinance Concerning E-
Cigarettes and Tobacco Stores (Trustee Weidenfeld)
Ms. Woods provided an overview of the request as detailed in the Staff Report dated
February 12, 2016. Staff recommends that the PZC recommend to the Village Board to
approve amendments to the Village Code. Should the PZC support the suggested
amendments, staff will direct the Village Attorney to draft an Ordinance for the Village
Board's consideration.
On February 10th, staff along with representatives from the PZC and the Board attended
the Health Commission meeting. Staff presented an overview of electronic cigarettes and
vaping products and proposed regulations. Staff asked the Health Commission to
specifically address regulations directly related to their area of interest - amending
Smoking in Public Places Ordinance (Section 9 of Village Code) to prohibit the public
usage of electronic cigarettes and vape products. The Health Commission was directly
involved in developing the original Smoking in Public Places Ordinance. After discussing
of the e-cigarette products, vape stores and lounges, the Health Commission
unanimously recommended the Village Board approve an amendment to the Smoking in
Public Places Ordinance to prohibit the usage of e-cigarettes and related vaping products
in public places. This prohibition is similar to how the Village handles tobacco products in
public places.
Staff is seeking support from the PZC to amend the Village Code so the Code would:
· Create a definition for “tobacco shops” and include the retail sale of e -cigarettes and
vaping equipment in the definition. This would allow e-cigarette/vape stores to be
permitted uses in the same zoning districts as tobacco shops (B1 through B5 Districts).
· Restrict e-cigarette/vape stores to be retail-only establishments and prohibit sampling.
· Prohibit the usage of e-cigarettes and related vaping products in public places. This
would essential prohibit vape lounges.
Staff will be working with the Village Attorney to ensure modifications are consistent
across the various sections of the Village Code. This includes amending the Village’s
Smoking in Public Places Ordinance and tobacco licensing provisions. Furthermore, staff
will work with the Village Attorney on creating the appropriate definition for “tobacco
shops” and include the necessary language to allow the retail sale of e-cigarettes and
vaping products.
02/17/2016
Com. Cesario stated that he attended the Health Commission meeting on February 10,
2016. He added that the Health Commission also discussed deeper health issues related
to smoking as well as the confusion of the public when people use the vaping products
indoors.
Com. Goldspiel stated that the State has recently passed a law prohibiting persons under
the age of 18 of using the e-cigarettes and vaping products. He asked if the Village
should include an age restriction in our Ordinance. Ms. Woods advised that the State law
covers this issue, so the Village does not need to include an age restriction. Mr. Stilling
added that he does not believe the Village needs to include an age restriction, but he will
verify that with the Village Attorney.
Com. Moodhe advised that he had the same concern regarding age and confirmed with
Mr. Raysa that the State did pass the law. He also attended the Health Commission
meeting and advised that a recent study was conducted concerning the effects of the
chemical flavoring used in the products. He believes the Village is doing the best it can to
regulate these emerging products.
Ch. Smith entered the Staff Report dated February 12, 2016 as Exhibit 1.
There were no additional questions or comments from the Commissioners . There were
no questions or comments from the audience.
The public hearing was closed at 7:44 PM.
Moved by Weinstein, seconded by Cohn, to recommend to the Village Board to approve an
amendment to the Village Code to:
- Create a definition for “tobacco shops” and include the retail sale of e-cigarettes and vaping
equipment in the definition. This would allow e-cigarette/vape stores to be permitted uses
in the same zoning districts as tobacco shops (B1 through B5 Districts);
- Restrict e-cigarette/vape stores to be retail-only establishments and prohibit sampling; and
- Prohibit the usage of e-cigarettes and related vaping products in public places. This would
essential prohibit vape lounges.
RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS]
Next: 3/21/2016 7:30 PM
MOVER: Mitchell Weinstein, Commissioner
SECONDER: Matthew Cohn, Commissioner
AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein
ABSENT: Scott Lesser, Ira Shapiro
Regular Meeting
Matters for Discussion
02/17/2016
1. (ID # 1463) Consider a Recommendation to the Village Board Regarding the
2016 Zoning Map (Trustee Berman)
Ms. Woods provided an overview as described in the Staff Report dated
February 10, 2016. Pursuant to State Statute, the Village is required to publish
it's official zoning map by March 31, 2016. The map has been revised to reflect
the annexation and rezoning for the Easton Station Townhomes.
Mr. Stilling thanked Ms. Woods and Mr. Jim Silverstein for their hard work and
dedication on creating the 2016 Zoning Map. It was a large un dertaking.
Com. Goldspiel asked if the Village should include on the map the area where
the medical cannabis dispensaries are allowed. Mr. Stilling advised that
information should not be included on the official zoning map. Com. Goldspiel
asked if past action information was verified and included on the map. Ms.
Woods stated that previously approved special uses and variances should not be
shown on this map. Mr. Stilling added that the zoning map is updated annually
and there has been only a handful of changes in the last few years. He advised
of one correction to the map since the print date of February 9, 2016.
Com. Moodhe asked if anticipated annexations can be included on the map. Mr.
Stilling responded that anticipated annexations cannot be included on the map.
Com. Moodhe asked if the zoning ordinance could be amended to reduce the
number of plan proposals and special uses that need to be heard before the
PZC. Mr. Stilling advised that the Village could look into more appropriate zoning
classes and better defined uses.
Com. Weinstein recommended to include language in the legend that
variances/special uses are not included on the map.
Com. Cohn recommended creating a separate map of the Industrial zoned areas
to identify where special uses have been approved.
There were no additional questions or comments from the Commissioners.
Moved by Weinstein, seconded by Cesario, to recommend to the Village Board
to approve the 2016 Zoning Map with a print date of February 17, 2016 which
included minor revisions.
RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS]
MOVER: Mitchell Weinstein, Commissioner
SECONDER: Frank Cesario, Commissioner
AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein
ABSENT: Scott Lesser, Ira Shapiro
Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Feb 3, 2016 7:30 PM
02/17/2016
Com. Goldspiel advised of two minor corrections under the Preliminary Plan
Approval for a 12 Unit Townhome Development - Workshop #2.
There were no additional corrections.
RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
MOVER: Adam Moodhe, Commissioner
SECONDER: Frank Cesario, Commissioner
AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein
ABSENT: Scott Lesser, Ira Shapiro
Chairman's Report
None.
Committee and Liaison Reports
Mr. Stilling advised that the next Village Board meeting is scheduled for Monday, February 22,
2016. There are several PZC items on the agenda and reminded the PZC liaisons that are
scheduled to attend this meeting.
Future Agenda Schedule
Mr. Stilling advised that the next PZC meeting is scheduled for March 2, 2016. The following
items are scheduled to appear on that agenda:
- Starbucks Coffee, Sign Code variations for their two (2) locations to replace their existing order
speaker box with a digital order display.
- A text amendment with regards to small cell antenna regulations.
- Classic Car Company, a text amendment and Special Use request to allow car sales in the
Industrial District.
- No Escape, a Special Use request for an amusement use at the Plaza Verde West Shopping
Center.
Staff Report
None.
Public Comments and Questions
None.
Adjournment
The meeting was adjourned at 8:06 PM
Chris Stilling Director of Community Development
02/17/2016
APPROVED BY ME THIS 17th DAY OF February , 2016