2019-10-02 - Planning and Zoning Commission - Agenda Packet
Meeting of the Village of Buffalo Grove
Planning and Zoning Commission
Regular Meeting
October 2, 2019 at 7:30 PM
Fifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
I. Call to Order
II. Public Hearings/Items For Consideration
1. Consider an Ordinance Amending the Zoning Ordinance Pertaining to the Addition of
Regulations Regarding Adult-Use Cannabis and Medical Cannabis Business
Establishments in Certain Zoning Districts of the Village (Trustee Johnson) (Staff
Contact: Chris Stilling)
III. Regular Meeting
A. Other Matters for Discussion
B. Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Sep 18, 2019 7:30 PM
C. Chairman's Report
D. Committee and Liaison Reports
E. Staff Report/Future Agenda Schedule
F. Public Comments and Questions
IV. Adjournment
The Planning and Zoning Commission 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.
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: 9/27/2019 2:47 PM Page 1
Action Item : Consider an Ordinance Amending the Zoning
Ordinance Pertaining to the Addition of Regulations Regarding
Adult-Use Cannabis and Medical Cannabis Business
Establishments in Certain Zoning Districts of the Village
Recommendation of Action
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the amendment. The PZC shall make a recommendation to the Village Board concerning the
draft land use regulations.
Attached for the Planning & Zoning Commission's (PZC) review is a draft Ordinance amending certain
sections of the Zoning Ordinance pertaining to the retail sale of recreational cannabis. The proposed text
amendment is consistent with the items raised by the Village Board and the direction g iven at their August
5, 2019 meeting. At this time, the Village Board has not taken formal action to permit or restrict the sale of
recreational cannabis.
ATTACHMENTS:
Staff Report (DOCX)
Draft Ordinance (DOC)
Map (PDF)
Emails (PDF)
Trustee Liaison Staff Contact
Johnson Chris Stilling, Community Development
Wednesday, October 2, 2019
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VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: October 2, 2019
PETITIONER: Village of Buffalo Grove
PREPARED BY: Chris Stilling, Deputy Village Manager
REQUEST: The Village of Buffalo Grove is proposing an amendment to the
Zoning Ordinance pertaining to the addition of regulations
regarding adult-use cannabis and medical cannabis business
establishments in certain zoning districts of the Village.
BACKGROUND
On June 25, 2019, Illinois Gov. J.B. Pritzker signed into law the Cannabis Regulation and Tax Act
(CRTA), legalizing and regulating the production, consumption, and sale of cannabis in Illinois. It will
take effect January 1, 2020. Under the CRTA, personal possession of up to 30 grams of cannabis is
legal for Illinois residents at least 21 years of age.
In response to the approval of the CRTA, which is summarized as a supplement to this memo, staff
sought input and direction from the Village Board at their August 5, 2019 Committee of the Whole
meeting. As discussed further below, the Village Board directed staff to work with the Village Attorney
on drafting regulations to allow for the retail sale of recreational cannabis under certain conditions
and proceed with a text amendment to the Buffalo Grove Zoning Ordinance. Attached for the
Planning & Zoning Commission’s (PZC) review is a draft Ordinance amending certain sections of the
Zoning Ordinance pertaining to the retail sale of recreational cannabis. The proposed text
amendment is consistent with the items raised by the Village Board and the direction given at their
August 5, 2019 meeting. At this time, the Village Board has not taken formal action to permit or
restrict the sale of recreational cannabis.
AUGUST 5, 2019 COMMITTEE OF THE WHOLE DISCUSSION
At the August 5, 2019 Committee of the Whole meeting, staff provided the Village Board with an update
on CRTA as well as provided guidance on a draft Ordinance should the Village Board wish to allow for
the retail sale of cannabis in Buffalo Grove. Ultimately, the Village Board directed staff to work with
the Village Attorney on drafting regulations to allow for the retail sale of recreational cannabis under
certain conditions and proceed with a text amendment to the Buffalo Grove Zoning Ordinance to
address the land use matters. The following is summary of the direction provided to the PZC by the
Village Board:
Types of Uses
The CRTA not only creates the opportunity for recreational cannabis dispensaries, it also includes
new types of cannabis businesses including infusers, processors, and craft growers. The CRTA allows
for municipalities to restrict and limit cannabis businesses solely to recreational dispensaries.
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Village Board Direction
The Village Board directed staff to draft an Ordinance contemplating only allowing
recreational cannabis dispensaries or a combination of medical and recreational
dispensary as a Special Use. The Board chose to prohibit infusers, processors, and craft
grower entirely from considerations.
Zoning Districts
The Village’s Zoning Ordinance allows medical cannabis dispensaries as special uses in the “I” Industrial
district only. Furthermore, it was discussed that recreational cannabis businesses will likely have a
regional draw, similar to national retailers, or other retail uses that operate on a regional scale along
major roadways. The regional scale of the business will result from the state limiting the number of
licenses it issues and the possibility that municipalities will opt out of allowing recreational cannabis.
Village Board Direction
The Village Board directed staff to contemplate regulations allowing for the retail sale of
recreational cannabis as a Special Use in the B1, B2 and B3 districts. Furthermore, since
State Statute allows an existing medical dispensary to operate a recreational component,
it was recommended that recreational cannabis dispensaries be added as a special use in
the “I” Industrial district as well.
Buffer Requirements
The Statute requires that cannabis dispensing organizations may not be located within 1,500 feet of
another pre-existing dispensing organization or medical cannabis dispensing organization. However,
the State does not place specific separation requirements for recreational dispensaries from other
land uses (schools, daycares, etc) like that of medical dispensaries. Therefore, to accommodate
recreational cannabis dispensaries, it was recommended that this use be treated similarly as a
medical cannabis dispensary. Specifically, the same location requirements should be applied to
recreational cannabis dispensaries. Those include:
1. A medical cannabis dispensing organization may not be located within 1,000 feet
of the property line of a pre-existing private or public preschool, primary or
secondary school, day care center, day care home, group day care home, or part
day child care facility.
2. A medical cannabis dispensing organization may not be located in a house,
apartment, condominium or an area zoned for residential use.
Village Board Direction
The Village Board directed that the same buffer requirements established for medical
cannabis should be applied towards recreational cannabis businesses. Attached as Exhibit
A is a map showing the possible locations that meet the minimum buffer requirements
noted above.
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Limit the Number of Businesses
The CRTA provides the Village, through its zoning authority, the ability to regulate the time, place and
manner of recreational cannabis dispensaries. At the August 5th Meeting, it was recommended that
the Village consider limiting the total number of recreational dispensaries to no more than two (2).
Village Board Direction
The Village Board directed that the Ordinance contemplate limiting the total number of
recreational dispensaries to no more than two (2).
On-Site Consumption
While the Village is not permitted to ban the consumption or use of cannabis, the Village does have
the authority to regulate and even prohibit the consumption of cannabis within recreational and
medical dispensaries. During the August 5th meeting, staff explained that onsite consumption was
not a critical component to the business operations of a recreational dispensary and recommended
that it be prohibited. If it is not locally prohibited, CRTA permits consumption of recreational
cannabis on-premises, including edibles and smoking.
Village Board Direction
The Village Board directed that the Ordinance contemplate prohibiting all on-site
consumption (including edible or smoking).
Other Restrictions
During the August 5th meeting, staff and the Village Board discussed limiting recreational cannabis
dispensaries to organizations that have an existing medical cannabis license with the State of Illinois.
The rationale was that these entities have already been vetted by the State and have a track record
for which the Village can review as part of the Special Use process.
Village Board Direction
The Village Board directed that the Ordinance contemplate requiring that any applicant
for a recreational cannabis dispensary must have a valid medical dispensing license and
location within the State.
DRAFT REGULATIONS
Based on the direction outlined above, staff and the Village Attorney have drafted an Ordinance
amending Title 17 of the Village Code (Zoning Ordinance) to allow for the retail sale of recreational
cannabis. The following is a summary of the proposed Ordinance:
Use & Definition
The proposed Ordinance adopts the State’s definition for Adult-Use Cannabis Business Organization.
Furthermore, the Village’s definition specifically exempts cultivation centers, craft growers,
processors, infusers and transporting organizations. As proposed, only recreational cannabis
dispensaries would be allowed to operate.
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Special Use Requirements
The proposed Ordinance requires that any recreational cannabis dispensary shall require a Special
Use prior to operating. Furthermore, the Ordinance allows for recreational cannabis dispensaries to
incorporate a medical dispensary as part of their business.
Type
As part of the Special Use requirements, any recreational cannabis dispensary must already
be licensed by the State of Illinois as a medical cannabis dispensary.
Limited Number Permitted
The draft Ordinance limits the total number of recreational dispensaries to no more than two
(2).
Buffer Requirements from Sensitive Land Uses
Consistent with the medical cannabis locations, the draft ordinance requires that any
recreational cannabis dispensary may not be located within 1,000 feet of the property line of
a pre-existing public or private nursery school, pre-school, primary or secondary school, day
care center, or day care home within the Village of Buffalo Grove corporate limits.
Furthermore, any dispensary cannot be located in an area that is zoned for residential. The
attached map shows the possible locations.
Operation
At least 85% of the floor area of the dispensary must be utilized towards activities associated
with the dispensary. It should be noted that State Statute limits the hours of operation from
6AM to 10PM. Hours may be evaluated as part of a Special Use request.
Parking Requirements
For purposes of determining the required number of parking spaces, the proposed use is
classified as retail which requires 1 parking space for every 250 square feet of floor area.
Furthermore, the Special Use allows for the Village to increase the parking requirements as
part of its evaluation of a request.
Sale of Other Products
Other than selling cannabis infused food products, a dispensary may not sell any other food
for consumption.
Prohibition of On-Site Consumption
On-site consumption is strictly prohibited within the dispensary and also on the premise of
the business.
Exterior Display
The draft Ordinance prohibits the public display of cannabis products from the public way.
Furthermore, the exterior of any dispensary shall not use flashing lights, spot lights or any
similar lighting.
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Advertising
The draft Ordinance limits the advertisement of cannabis within 1000 feet of a pre -existing
school and daycare. It further prohibits advertisement on public transit and on publically
owned property. It should be noted that the State Statute restricts cannabis businesses from
advertisements that display images of the cannabis leaf or bud and any image likely to appeal
to minors. The draft Ordinance reiterates the necessity for a cannabis dispensary to comply
with these regulations.
Age Restriction
Recreational cannabis dispensaries shall not permit anyone under the age of 21 to enter the
establishment. In the event the business also has a medical cannabis dispensary associated
with it, only those individuals aged between 18-20 years may be permitted to enter provided
that he/she is a medical cannabis cardholder.
Other Requirements
In addition to the requirements outlined above, the draft Ordinance also establishes additional
requirements:
Security Plan
A Special Use request shall include a detailed security plan. This plan may be evaluated as
part of the process.
Copy of State License
Applicants shall provide a complete copy of their license application to the State. Prior to the
issuance of a certificate of occupancy, cannabis business es shall provide their state license
showing that they are allowed to operate.
Affidavit
Applicants shall sign an affidavit affirming they will comply with the standards.
Additional Information as Required by the Village of Buffalo Grove
As part of the Special Use process, the Village may require additional information.
Violations
Any cannabis dispensary that violates any provision of the regulations may be subject to the
enforcement and revocation process outlined in Village Code.
Zoning Districts
As noted in the August 5, 2019 Committee of the Whole discussion with the Village Board, the Board
directed staff to prepare an Ordinance listing Adult-Use Cannabis Dispensaries (recreational cannabis
dispensaries) as special uses in the B1, B2 and B3 Zoning Districts for consideration by the PZC. This
was based on the rationale that these types of businesses will function similarly to other retail uses
with a regional draw. Furthermore, some aspects of the recreational cannabis business will be similar
to the sale of alcohol in that is it legal for people over the age of 21 to purchase and consume, with
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some restrictions based on time and manner. The Village does permit package liquor sales in the B1,
B2 and B3 districts. Lastly, since State Statute allows an existing medical dispensary to operate a
recreational component, recreational cannabis dispensaries has been added as a special use in the “I”
Industrial district.
PUBLIC COMMENTS
Pursuant to Village Code, the public notice appeared in the Daily Herald in accordance with the
required timeframe. As of the date of this staff report, staff has received numerous inquiries and
concerns. Attached are multiple emails staff has received pertaining to the proposed amendment. It
should be noted that many of the emails request that the Village “opt-out” from allowing recreational
cannabis sales. This specific issue is not directly related to the land use regulations being considered
by the PZC and is a policy matter to be addressed by the Village Board. The PZC’s role is to review the
draft land use regulations and provide a recommendation to the Village Board.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the amendment. The PZC shall make a recommendation to the Village Board concerning
the draft land use regulations.
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SUPPLEMENTAL INFORMATION REGARDING THE STATE REGULATIONS
Medical Cannabis
In August 2013, the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot
Program Act. This Act, which pertains to the cultivation and dispensing of medical cannabis became
effective on January 1, 2014. Per this Act, cultivation centers and dispensing facilities will be
permitted to locate within any municipality, subject to the limitations imposed by the Act. State
regulations for dispensing organizations were as follows:
1. A medical cannabis dispensing organization may not be located within 1,000 feet of the
property line of a pre-existing private or public preschool, primary or secondary school, day
care center, day care home, group day care home, or part day child care facility.
2. A medical cannabis dispensing organization may not be located in a house, apartment,
condominium or an area zoned for residential use
Municipalities were permitted to impose more stringent zoning regulations pertaining to allowable
locations of such facilities, provided that no local ordinance could prohibit these facilities outright.
Accordingly, in 2014, Ordinance 2014-5 was enacted by the Village Board creating definitions and
regulations concerning medical cannabis. As such, medical cannabis cultivation centers and
dispensing organizations are permitted as special uses in “I” Industrial zoning districts.
PDI Medical
Currently the Village has one medical cannabis dispensary located at 1623 Barclay. PDI
Medical was granted a Special Use in 2015 to operate a medical cannabis dispensary. As part
of the approvals, the Village also approved a development and operating agreement (Host
Agreement) with PDI.
Recreational Use of Cannabis
The following is a summary of CRTA:
Consumption
Municipalities may not restrict the private consumption of cannabis that is authorized by
the CRTA. Furthermore, the CRTA does allow the ability for onsite consumption within
dispensaries, including smoking. However, the CRTA prohibits the use of cannabis in public
places, schools and child care facilities among other locations. Municipalities may adopt and
enforce local ordinances to regulate possession and public consumption of cannabis so long
as the regulations and penalties are consistent with the CRTA.
State Licensing
The CRTA authorizes the production and distribution of cannabis and cannabis products
through state-licensed cultivators, craft growers, infusers, transporters and dispensaries.
The CRTA creates the position of Illinois Cannabis Regulation Oversight Officer within the
Illinois Department of Financial and Professional Regulation, and the Adult-use Cannabis
Health Advisory Committee within the Illinois Department of Human Services to regulate the
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adult-use cannabis industry in Illinois.
The state will issue licenses according to a graduated scale. By the end of the first year, there
may be up to 295 dispensing organizations. The CRTA will allow up to 500 dispensing
organizations by January 1, 2022. Cultivators will be capped at 50 and 100 craft growers will
be allowed. By that same date, 100 infusers will also be authorized to be licensed.
Limited Home Grow
Home grow cannabis will be authorized for medical cannabis program participants only, is
limited to five plants in their residence, and subject to specified restrictions. Home grow of
recreational cannabis by non-medical participants is prohibited.
Local Zoning Authority
The CRTA preserves local zoning authority and directly authorizes municipalities to opt out
of the recreational sale, or significantly limit the location of cannabis businesses, by
ordinance. Municipalities have the authority to enact reasonable zoning regulations that are
not in conflict with the CRTA. This would include the authority to opt out of eit her
commercial production or distribution (dispensaries) of recreational use cannabis within
their jurisdiction.
Municipalities also may enact zoning ordinances and regulations designating the time, place,
manner and number of cannabis business operations, including minimum distances
between locations through special use permits.
Local Tax
Municipalities, by ordinance, may impose a Municipal Purchase Excise Tax on recreational
cannabis products of up to 3% of the purchase price, in .25% increments. The taxes imposed
under the CRTA shall be in addition to all other occupation, privilege or excise taxes imposed
by the State of Illinois, such as sales tax.
State Revenue
State revenues derived from the CRTA will be deposited into the state’s Cannabis Regulation
Fund. The funds will be distributed to multiple state agencies for implementation of the
CRTA. The legalization of recreational cannabis also includes a new source of Local
Government Distributive Fund (LGDF) dollars. A portion of the Cannabis Regulation Fund (8%
of deposits) will go to local governments as LGDF to be used to fund crime prevention
programs, training and interdiction efforts. The Cannabis Regulation Fund is derived from
moneys collected from state taxes, license fees and other amo unts required to be
transferred into the Fund.
Early Approval for Existing Medical Dispensaries
The CRTA makes existing medical cannabis dispensaries eligible for “early approval” for
recreational use dispensary licensing meaning that only existing medical dispensaries will be
able to engage in retail sales beginning as soon as January 1, 2020. They are also eligible for
one additional new retail location within their designated state district. Currently, there are
55 medical cannabis dispensary license holders in Illinois, including one in Buffalo Grove. If
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each of the existing medical dispensaries obtained adult-use licenses and opened a second
location there is a maximum potential of 110 adult-use dispensary licensing locations state-
wide that could be eligible to engage in the retail sale of adult-use cannabis as of January 1,
2020. Future dispensary licenses are expected to be issued by the state to non-medical
license holders beginning in mid-2020.
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09/25/2019
1
ORDINANCE NO. 2019 - ______
AN ORDINANCE AMENDING THE BUFFALO GROVE ZONING ORDINANCE BY
THE ADDITION OF REGULATIONS REGARDING ADULT-USE CANNABIS
IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove, Illinois, has enacted Municipal Code
Regulations for the purpose of improving and protecting the public health, safety, comfort,
convenience and general welfare of the people; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act),
which pertains to the possession, use, cultivation, transportation and dispensing of adult-use
cannabis, which became effective June 25, 2019; and
WHEREAS, pursuant to the Act, the Village may enact reasonable zoning ordinances or
resolutions not in conflict with the Act, regulating cannabis business organizations, including
rules adopted governing the time, place, manner and number of cannabis business organizations,
and minimum distance limitations between cannabis business organizations and locations the
Village deems sensitive; and
WHEREAS, on August 5, 2019, at the Village Board meeting, a policy question was
asked whether the Village of Buffalo Grove should allow adult-use cannabis organizations
within its corporate limits; discussion on the policy question followed; and
WHEREAS, the Village staff has researched the regulations on adult-use cannabis if
allowed in the Village; and
WHEREAS, on ___________ the Village Board initiated an amendment to Title 17
(Zoning Ordinance) to review and consider additional amendments to further regulate adult-use
cannabis organizations within the Village; and
WHEREAS, the Planning and Zoning Commission recommended approval of the
proposed amendments to Chapter 17.44.040 et seq. (Zoning Ordinance) on ___________.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
2.1.b
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Section 1. The foregoing recitals are hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Title 17.28.080 (Special Use for Adult-Use Cannabis) of the Village Zoning
Ordinance is hereby amended by adding the underlined language:
17.28.80 a. Adult-Use Cannabis Business Organizations: An adult-use cannabis
dispensary as defined in Section 17.28.80-b. Adult-Use Cannabis Business
Organization shall not include a cultivation center, craft grower, processing
organization, infuser organization or transporting organization as defined by the
Illinois Cannabis Regulation and Tax Act.
b. Adult-use cannabis dispensary: An adult-use cannabis dispensary shall
be defined as a facility operated by an organization or business that is licensed
by the Illinois Department of Financial and Professional Regulation to acquire
cannabis from licensed cannabis business organizations 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 (P.A.
101-0027) as it may be amended from time to time, and regulations promulgated
thereunder.
c. Purpose and Applicability. It is the intent and purpose of this Section to
provide regulations regarding the dispensing of adult-use cannabis occurring
within the corporate limits of the Village. Such facilities shall comply with all
regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027)
(Act), as it may be amended from time to time, in the regulations promulgated
thereunder, and the regulations provided below. In the event that the Act is
amended, the more restrictive of the state or local regulations shall apply.
d. Special Use. An adult-use cannabis dispensary, as defined herein, shall
require an approval of a Special Use, which use may include a medical cannabis
dispensary as defined in Section 17.12.399 (Definition) and shall be processed in
accordance with Chapter 17.28 (Special Uses) of this Title as provided herein,
and shall be subject to the following conditions:
i. The adult-use cannabis dispensary must be operated by an
organization or business that is currently licensed by the Illinois
Department of Financial and Professional Regulation to operate a
medical cannabis dispensary under the Compassionate Use of
Medical Cannabis Pilot Program Act (410 ILCS 130 et seq.)
ii. The adult-use cannabis dispensary must keep a copy of the
dispensing organization agent identification card issued pursuant to
2.1.b
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the Compassionate Use of Medical Cannabis Pilot Program Act
visible at all times.
iii. There shall be no more than two adult-use cannabis dispensaries
permitted at any one time.
iv. The adult-use cannabis dispensary may not be located within 1,000
feet of the property line of a pre-existing public or private nursery
school, pre-school, primary or secondary school, day care center,
or day care home within the Village of Buffalo Grove corporate
limits. Notwithstanding the foregoing, an adult-use cannabis
dispensary will not be deemed to violate this provision if one of the
school related facilities locates within the 1,000 foot spacing after
the adult-use cannabis dispensary has been issued an occupancy
certificate to open for business. Learning centers and
vocational/trade centers shall not be classified as a public or
private school for purposes of this Section.
v. At least 85% of the floor area of any tenant space occupied by an
adult-use cannabis dispensary shall be devoted to the activities of
the dispensary as authorized by the Act. Any request for reduction
in floor area percentage shall be evaluated as part of the Special
Use request.
vi. For purpose of determining required parking, the adult-use
cannabis dispensary shall be classified as a retail and wholesale
trade pursuant to Section 17.36.040 of the Zoning Ordinance;
provided however that the Village may require that additional
parking be provided as a result of the analysis completed through
the Special Use process.
vii. Other than cannabis-infused food products, no adult-use cannabis
dispensary shall also sell food for consumption on the premises in
the same tenant space.
viii. On-site consumption of cannabis shall be prohibited within an
adult-use cannabis dispensary and on the premises. The dispensary
shall be responsible for enforcing the prohibition of on-site
consumption of cannabis under all circumstances inside and
outside the dispensary and on the premises.
ix. The adult-use cannabis dispensary may not conduct any sales or
distribution of cannabis other than as authorized by the Act.
2.1.b
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x. No adult-use dispensary shall be maintained or operated in a
manner that causes, creates, or allows the public viewing of adult-
use cannabis, cannabis-infused products or cannabis paraphernalia
or similar products from any sidewalk, public or private right-of-
way or any property other than the lot on which the dispensary is
located. No portion of the exterior of the dispensary shall utilize or
contain any flashing lights, search lights or spot lights or any
similar lighting system.
xi. No adult-use cannabis dispensary nor any other person or entity
shall place or maintain, or cause to be placed or maintained, an
advertisement of cannabis or cannabis-infused product in any form
or through any medium:
1. Within 1,000 feet of the perimeter of a pre-existing public or
private nursery school, pre-school, primary or secondary
school, day care center, or day care home within the Village of
Buffalo Grove corporate limits; or
2. On or in a public transit vehicle or public transit shelter; or
3. On or in publicly owned or publicly operated property.
All advertising shall comply with the rules and regulations set forth
in the Cannabis Regulation and Tax Act (P.A. 101-0027).
xii. Each adult-use dispensary shall prohibit any person who is not at
least twenty-one (21) years of age from entering the dispensary,
except for cardholders granted medical access under the
Compassionate Use of Medical Cannabis Act over 18 years of age.
Dispensaries shall not employ anyone under the age of twenty-one
(21). Access to the dispensary shall be limited exclusively to
dispensary staff and those specifically authorized under the
Cannabis Regulation and Tax Act (P.A. 101-0027).
e. Additional Requirements. As part of the Special Use application
requirements, Petitioner shall submit plans regarding installation of building
enhancements, such as security cameras, security systems, lighting or other
improvements to ensure the safety of employees and customers of the adult-use
cannabis dispensary, as well as its environs. Said improvements shall be
determined based on the specific characteristics of the dispensary and of the
floor plan for an adult-use cannabis dispensary and the site on which it is
located, consistent with the requirements of the Act.
2.1.b
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i. The Special Use Applicant shall submit a complete copy of their
license application and all plans submitted to the State of Illinois,
or any agency thereof, as part of their special use application.
Before issuance of a certificate of occupancy or otherwise opening
to the public, Adult-Use Cannabis Business Organizations must
provide a copy of their state license to operate as an adult-use
cannabis dispensary issued by the Illinois Department of Financial
and Professional Regulation.
ii. Petitioner shall file an affidavit with the Village affirming
compliance with Section 17.28.80-c as provided herein and all
other requirements of the Act.
iii. The Special Use Applicant shall submit additional information as
required by the Village during the Special Use process.
f. Violation / Penalties – Any violation of this Section 17.28.080
shall be punishable as provided in Section 1.08 and/or Section 1.12 of this
Code.
Section 3. Chapter 17.44 entitled Business Districts is hereby amended by adding
Section 15 to Section 17.44.020.C as follows:
15. Adult-use cannabis dispensary pursuant to Section 17.28.080.
Section 4. Chapter 17.44 entitled Business Districts is hereby amended by adding Section
23 to Section 17.44.030-C as follows:
23. Adult-use cannabis dispensary pursuant to Section 17.28.080.
Section 5. Chapter 17.48 entitled Office and Industrial Districts is hereby amended by
adding Section 29 to Section 17.48.020-C as follows:
29. Adult-use cannabis dispensary pursuant to Section 17.28.080
Section 6. No other type of adult-use cannabis business organizations shall be permitted
in Buffalo Grove.
Section 7. If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this Ordinance.
Section 8. This Ordinance shall be in full force and effect from and after its passage and
approval.
AYES:_____________________________________________
NAYES:____________________________________________
2.1.b
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ABSENT:___________________________________________
PASSED:____________________________________, 2019
APPROVED:_________________________________, 2019
APPROVED:
_____________________________
Beverly Sussman, Village President
ATTEST:
_______________________
Janet Sirabian, Village Clerk
C:\RCK\BG\Recreational marijuana draft ordinance
2.1.b
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B APTAKISIC JUN IOR HIGH SCHOOL
C BUFFALO GR OVE HIGH SCHOOL
D BUFFALO GR OVE KINDERCARE
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F CLEARBR OOK GROUP HOME (CAMBRIDGE)
G CLEARBR OOK GROUP HOME (UNIVERSITY)
H COOPER MID DLE SCHOOL
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K GLENKIRK GROUP HOME (KNOLLWOOD)
L GODDARD SCH OOL
M HENRY W. LONGFELLOW ELEMENTARY SCHOOL
N IVY HALL MID DLE SCHOOL
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P JEWISH C OM MU NITY YOUTH CENTER
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V SAINT MARY SC HOOL
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X TORAH ACADEMY
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µ
1 inch = 45,000 feet
Availabl e Pa rcels by Zoning Ty pe
B1B2B3
B4IO&R
Prohibited Dispensary Location
Prohibited Dispensary Center Location*
Childcare Facility property
Last Updated 9/26/2019
*Prohibited sites include residentially zoned districts as well as a 1,000-foot buffer around the property line of all childcare facilities and group homes.
Data source: Parcel boundaries of Lake County GIS. All other data developed by the Village of Buffalo Grove GIS.
2.1.c
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09/18/2019
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, SEPTEMBER 18, 2019
Call to Order
The meeting was called to order at 7:31 PM by Chairman Frank Cesario
Public Hearings/Items For Consideration
1. Consider a Variation for a Rear Yard Setback Reduction for the Property at 647
Sycamore Road (Trustee Johnson) (Staff Contact: Chris Stilling)
Mr. Morrison (project contractor) and Ms. Lambert were sworn in.
Ms. Lambert described her request for a variation to replace a portion of the existing
deck with a roofed-over screened porch that encroaches 6’ into the rear yard setback.
Com. Au asked the petitioner about the existing deck, specifically if the new roofed-over
screened porch would extend past the existing deck.
Ms. Lambert clarified that the proposed portion of the roofed-over screened porch would
not extend past the existing deck.
Com. Moodhe asked the petitioner if there would be new piers, and would the whole
deck be removed and replaced.
Mr. Morrison verified that the whole deck would be replaced.
Com. Moodhe asked staff if there are any neighbors near in the rear yard.
Village Planner, Ms. Akash replied there are no neighbors in the rear yard.
Chairperson Cesario asked staff if any residents who had seen the public hearing sign
called with concerns regarding the petitioner’s request.
Village Planner, Ms. Akash replied yes. There were a total of three inquiries regarding
the petitioners request for variation.
Com. Khan asked the petitioners if they were the original owners of the home and if they
had built the original deck.
Ms. Lambert replied that she is not the original home owner and the deck came with the
home when it was purchased 40 years ago. She noted that the deck was re-decked once.
Com. Khan asked if there was a permit pulled for the re-deck.
Village Planner, Ms. Akash replied that there is no record or knowledge of a pulled
permit.
Com. Khan asked staff about the existing deck and the permit process. He wanted to
know if the deck was permitted then, why do petitioners have to come back.
Village Planner, Ms. Akash replied that they must come back because the deck that was
permitted originally is different than the roofed-over deck, which then becomes an
addition and requires a permit for the setback requirements.
3.B.1
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Chairperson Cesario asked the petitioner why they were requesting to add the roofed-
over deck.
Ms. Lambert replied that the improvements to the existing deck will look nicer.
Chairperson Cesario asked the petitioner if the look and feel would match the home.
Mr. Morrison replied that the structure will match the house.
Com. Goldspiel asked staff which zoning district the home was located in because both
R4 and R5A are listed in the staff report.
Village Planner, Akash took a moment to look up the correct zoning district. Ms. Akash
replied that the home is in R5A.
Com. Goldspiel asked what the setback requirement was for a home in R5A.
Village Planner, Akash replied that the setback for a home in R5A is 30 feet which is also
the setback in the other zoning districts listed in the staff report.
Com. Goldspiel asked Ms. Akash why are there so many if they all require a 30 feet
setback.
Village Planner, Akash replied that aside from the setback, there is other criteria within
each district that makes each one different from the other.
Chairperson Cesario entered the staff report as exhibit one.
The public hearing was closed at 7:46 PM.
Com. Weinstein made a motion to approve the construction of a screened room addition
that would encroach 6’ into the rear yard setback subject to the following:
1. The proposed expanded screened room addition shall be installed in accordance with the
documents and plans submitted as part of this petition.
Chairperson Cesario commented on the screened room addition, noting that the addition
looks nice and makes sense. He also noted that there are no near neighbors in the rear
yard, which is really the main concern when it comes to this sort of request. However,
there are none, and fully supports the addition.
RESULT: APPROVED [UNANIMOUS]
AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein, Au, Worlikar
ABSENT: Kevin Richards
Regular Meeting
Other Matters for Discussion
1. Workshop- Proposed Unattended Gas Station on Woodman’s Lot 2 (Trustee
Weidenfeld) (Staff Contact: Chris Stilling)
Deputy Village Manager, Mr. Stilling provided background on the workshop to
kick off the discussion regarding the proposed unattended gas station on
Woodman’s Lot 2. Mr. Stilling noted that there will need to be an amendment to
the planned development to amend the ordinance for rights to an unattended
gas station. After the conclusion of the workshop the development team will
3.B.1
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come back before the Planning and Zoning Commission at a later date to provide
a recommendation to the Village Board.
Mr. Arneson, from Fox Arneson, discussed the Woodman’s out lot and the
proposed use of the out lot. Mr. Arneson discussed the layout proposed and the
construction of the 24 hour, unattended fueling facility on Parcel 2 of the Barclay
Station Subdivision at Deerfield Parkway and Milwaukee Avenue. The facility will
have the capacity for 10 vehicles to fuel simultaneously, 4 double sided and 2
single sided. This facility will not have a convenience store or a car wash. The
layout of the out lot is as such to accommodate the tanks when they have to
maneuver through to fill the tanks. The reconfiguring of the site does effect the
current compensatory storage on site. A second pond will be constructed with
underground detention to make up for the lost volume of the existing pond. They
have worked with staff on all the moving operations of the site and feel that the
design before the PZC tonight is the best use of the site and keeps all operation
safe. Mr. Arneson passed the discussion over to the member of the Planning and
Zoning Commission for comment.
Chairperson Cesario thanked Mr. Arneson for the overview of the facility and
started off the discussion. Mr. Cesario asked Mr. Arneson if he could go over the
safety features of the unattended gas station.
Mr. Arneson discussed the limits of fuel that can be dispensed. The State Fire
Marshal’s Office does restrict the limit of fuel dispensed to 100 gallons pumped
in one transaction. Thus the pumps shut off automatically after pumping 100
gallons of gasoline.
Mr. Arneson noted that the existing Woodman’s Gas Station is unattended for
half a day and due to it being unattended for a portion of the day, the safety
regulations and standards are the same as a gas station that is unattended all
day. That said, the proposed gas station will have smoke detectors linked to the
fire department, which are also heat detectors. Additionally, there are
emergency shut off’s at each dispenser. If any emergency shut off is triggered, it
not only shuts down the flow of product to that specific dispenser but at every
dispenser located on site. The flow of product can only be restarted by the owner
of the gas station only after the situation has been investigated and cleared.
Chairperson Cesario asked Mr. Arneson if there are similar safety measures as it
relates to the underground storage tanks.
Mr. Arneson replied yes, there are safety measures for the underground storage
tanks. The underground storage tanks are double lined to detect leaks, in fact,
all pipping for the gas station is double lined to detect any kind of leak. If any
leak was detected by the monitoring system in the lining, all dispensers would
automatically shut off.
Chairperson Cesario asked Mr. Arneson if he could walk the commissioners
through the traffic flow of the site.
Mr. Arneson talked about the access to the site off of Deerfield Parkway and the
space available on site for vehicles to maneuver. He noted that there is plenty of
space on site for vehicles to be queuing also.
3.B.1
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Com. Moodhe asked Mr. Arneson to describe the refueling process and who has
the safety responsibilities during the refueling of the tanks.
Mr. Arneson replied that Woodman’s has the overall safety responsibility over its
facilities. Typically, the refueling process takes place during off hours for most
gas stations to avoid high traffic volumes.
Com. Moodhe reiterated that the tank operator is responsible during the
refueling process and the fact that it is an unattended gas station doesn’t play
into the refueling process of the gas station.
Mr. Arneson replied no.
Com. Moodhe asked if the same would hold true during a spill.
Mr. Arneson replied that there are mechanisms in place. The underground tanks
only accept so much gas and only fill to about 90% to 95% full and automatically
shuts off and stops accepting product.
Com. Au asked Mr. Arneson if there would be any surveillance of the site since it
is unattended.
Mr. Arneson replied that Woodman’s has an extensive surveillance system on all
of their properties and this one would be no exception. The surveillance is
monitored over at the grocery store.
Con. Au reiterated that the surveillance video of the sites are monitored at the
store. She also asked if any of the safety features the stations are equipped with
have ever been activated at the current site.
Mr. Arneson replied that he has no knowledge of that.
Com. Worlikar asked Mr. Areneson what would happen in the event a patron
does not disconnect the nozzle from their vehicle.
Mr. Arneson replied that above the nozzle is a breakaway piece and stops the
fuel from flowing.
Com. Worlikar asked if there is a process in place in the event that something
like that happened. If I were that person, what would I do if that happened to
me?
Mr. Arneson said that there is signage out there, and it is also required by law to
have a phone number posted for someone to call in the case of an emergency.
The phone number is the number of the phone. It would not trigger any kind of
spill.
Com. Worlikar asked about traffic flow within the gas station. He also asked if
there have been any traffic studies done regarding the flow and how to best use
the space.
Mr. Arneson replied that once inside the gas station, the patrons are free to
maneuver. There has not been a study done of the traffic flow at the existing
gas station, however, it is his understanding that they are very happy with the
flow.
Com. Moodhe asked about the water issues as it relates to compensatory
storage.
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Mr. Arneson clarified that the compensatory storage on that site is not the
compensatory storage for the store. It is only for what is on that side.
Com. Moodhe asked about other locations they have identified for
compensatory storage for the new site.
Mr. Mcliheran, Civil Engineer for the project, replied that the current
compensatory storage on site will be impacted by the proposed unattended gas
station. The volume lost in the current compensatory storage on lot 2 will be
made up by a stormwater pond with pipes underground to make up in size as
shown in the packet.
Com. Moodhe asked where the pipes would be coming from and what kind of
piping it will be.
Mr. Mcliheran referenced the image in the packet. The pipes will be between the
canopy and the existing drive. As far as the pipes go, they are just pipes and just
provides extra volume so it operates the same way. Models were run also.
Com. Moodhe asked staff about parcels as it relates to the residents. He asked if
staff had heard any complaints from the residents about the improvements that
have been made to the area.
Deputy Village Manager, Mr. Stilling replied that he has not heard anything. He
commented on the past rain events and had not heard any complaints about the
intersection.
Com. Goldspiel raised concerns about three water issues. The first issue being
the compensatory storage and the stormwater area. He asked if possible
flooding of the Des Plains River was factored in.
Mr. Mcliheran replied no because it is on the other side and part of a different
floodplain.
Com. Goldspiel asked whether the ponds will have more water or less water
after all the improvements to the lot have been made.
Mr. Mcliheran commented on the impervious surface and its effects on the
ponds. He noted that the ponds are equipped to handle the additional
impervious surface that will be added.
Com. Goldspiel asked how far they would be excavating for the underground
storage tanks.
Mr. Arneson replied that they will dig about 12 feet down.
Com. Goldspiel asked if that conflicted with the water table.
Mr. Arneson replied that they had not experienced that with the existing gas
station. The geotechnical studies indicate that this would not be an issue on lot 2
either.
Com. Goldspiel asked if the surveillance would be monitored at all times.
Mr. Arneson replied that the surveillance would be monitored at all time at the
grocery store by a customer service representative.
Com. Goldspiel ask which thing would be sent to the fire department.
3.B.1
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Mr. Arneson replied that anything that sets off an alarm will alert the fire
department automatically. The only way the system can be reset is by the
ownership.
Com. Weinstein asked about the design of the proposed unattended gas station.
Mr. Arneson went over the design guidelines in the staff report. Essentially, the
design of the canopy and the signage on the canopy will be similar to that of the
existing gas station.
Com. Weinstein asked how far the southernmost pump was from the residents
near the gas station.
Mr. Arneson replied that it is 16 feet.
Com. Weinstein commented that he is uncomfortable with that distance.
Additionally, Com. Weinstein asked if there were going to be any other variation
requests included in the proposal
Mr. Arneson replied that there are a couple.
Mr. Stilling noted that once they come to a final plan, the commission will have a
better idea of the variation requests. It all depends on the use.
Com. Weinstein suggested that the plan come with very few variation requests
and that the signage matches the signage across the street.
Mr. Arneson commented on the signage. He noted that the proposed signage is
in the staff report and is actually smaller in size than the sign at the existing gas
station across the street. Additionally, the style of the design will be very similar
such as color and the Woodman’s sign on the canopy.
Com. Cohn asked Mr. Arneson where the storage tanks would be located.
Mr. Arneson referred to the renderings in the staff report.
Com. Cohn asked how far those are from the homes.
Mr. Arneson was unsure, but quite a few ways back.
Com. Cohn asked hypothetically if a tanker or a snow plow hit a pump what
would happen and what mechanisms are in place to keep gas from flowing
everywhere.
Mr. Arneson replied that there are breakaways for every line and added
protection from the canopy.
Com. Cohn asked if there is any secondary containment to catch fuel.
Mr. Arneson replied that there will be vortex structure that would house that
before going near the water or sewer system.
Com. Cohn asked if the home to the south has a basement.
Mr. Arneson said he does not know if the some to the south has a basement.
Com. Cohn said that information would be good to know since basements are
more susceptible to gas than homes without. Com. Cohn shares Com.
Weinstein’s concerns about the pump being so close to the home.
3.B.1
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Chairperson Cesario commented on past experiences with fuel station
developments as it relates to right turns.
Mr. Arneson replied that the purpose of the gas station is for convenience but
also because Woodman’s has been very successful in that location.
Com. Khan asked Mr. Arneson how long the existing gas station has been in
operation. Additionally, Com. Khan asked what the hours of operations are for
the existing gas station.
Mr. Arneson replied that it has been open for about a year. The operation hours
are from 8:17 am to 6:45 pm. and the operations remain open unattended. Mr.
Arneson noted the only difference between the proposed gas station and the
existing gas station is that the proposed gas station has no car wash or store. All
other features are the same.
Com. Khan asked how many dispensers were at the existing station.
Mr. Arneson replied that there are 8 double sided dispensers and 1 single sided
dispenser for diesel fuel.
Com. Khan asked if they need an additional 5 double sided dispensers at the
proposed unattended gas station.
Mr. Arneson replied that Woodman’s feels that there is a large demand that
they currently cannot keep up with.
Com. Khan asked about the queuing of the existing gas station.
Mr. Mcliheran explained the traffic study they conducted at the existing gas
station.
Com. Cohn asked if both needed to be opened at night.
Mr. Arneson noted that most people buy gas by convenience.
Com. Cohn would like to know what the demand actually is and what the plans
are.
Com. Weinstein commented on the queuing that occurs and assumes that the
traffic is not of the same volume at night.
Mr. Stilling commented on the volume of fuel that is being pumped at the
existing gas station and noted that they are running out of gas on a regular
basis.
Chairperson Cesario thanked them for coming and answering their questions.
Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Sep 4, 2019 7:30 PM
RESULT: ACCEPTED [5 TO 0]
AYES: Moodhe, Cesario, Cohn, Goldspiel, Weinstein
ABSTAIN: Zill Khan, Amy Au, Neil Worlikar
ABSENT: Kevin Richards
Chairman's Report
3.B.1
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09/18/2019
1. Discussion Regarding Rules and Procedures for Public Hearings and Public
Comment (Trustee Johnson) (Staff Contact: Chris Stilling)
Nicole Woods, Deputy Community Development Director, reviewed the rules and
regulations of those who volunteer with the Village.
Committee and Liaison Reports
Com. Au discussed the Village Board meeting she attended on Monday, September 16 and
provided an update on the three items that were approved by the Village Board during that
meeting.
Staff Report/Future Agenda Schedule
Deputy Village Manager discussed future items on the next agenda.
Public Comments and Questions
Huishi Dorg asked about the stance of recreational marijuana as it relates to the Planning and
Zoning Commission.
Chairperson Cesario explained the parameters of the Planning and Zoning Commission as it
relates to recreational marijuana.
Michelle He thanked the commissioners for their work. Ms. He commented on recreational
marijuana and the effects it could have on the reputation of the Village of Buffalo Grove.
Lily Shui commented on the possibility of having a recreational marijuana store and the negative
effects it could have on future generations including her own children and the Village of Buffalo
Grove.
Yang Lin commented on recreational marijuana and underage use.
Jing Ma commented on recreational marijuana and the effects it has on individuals. She
discussed findings she received from a company in Colorado. Additionally she discussed some
door to door work she has done on her own in her neighborhood.
Mr. Brankin, Village Attorney, noted that speakers only have 3 minutes to make a public
comment.
Chairperson Cesario discussed what would be happening at the Oct. 2 public hearing and
discussed that the Planning and Zoning Commission does not decide on whether the Village opts
in or out.
Mr. Brankin suggested that those in the audience interested in understanding the process as it
relates to which bodies of the Village make certain decisions, to contact Village staff.
Chairperson Cesario thanked all those in the audience for their views.
Adjournment
The meeting was adjourned at 9:02 PM
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09/18/2019
Chris Stilling
APPROVED BY ME THIS 18th DAY OF September , 2019
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