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2019-10-02 - Planning and Zoning Commission - Minutes10/2/2019 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, OCTOBER 2, 2019 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario 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) Deputy Village Manager, Mr. Stilling was sworn in. Mr. Stilling discussed the purpose of the meeting and what would be covered. He gave an overview of the Cannabis Regulation and Tax Act as well as discussed the draft zoning regulations prepared by staff at the direction of the Village Board. Mr. Stilling noted that the Village Board has not taken any final action on Recreational Cannabis and will be looking for the Planning and Zoning Commissions recommendation as it relates to zoning. Com. Moodhe asked for clarifications on the buffer requirements on any existing supplier. Mr. Stilling verified it would have to be within their business. Com. Moodhe asked about security as it relates to the businesses/dispensaries. Mr. Stilling said that the current medical cannabis company, PDI, is vetted by the FBI and noted the Village will be working very closely with any new cannabis company. Com. Moodhe asked about the tenant space of the current PDI medical facility. He commended staff on the comprehensiveness of the draft ordinance. Mr. Stilling noted that the Village has been working with multiple communities and taskforces on the development of the draft ordinance. Com. Moodhe asked about food consumption off site from a recreational cannabis facility. Mr. Stilling said that selling food onsite is considered onsite consumption. Com. Moodhe asked about signage for recreational cannabis facilities. Mr. Stilling said that the Village is relying heavily on the States regulations for signage and the advertisement of their facility. The Village also has the ability to evaluate the signage during the Special Use process. Com. Moodhe asked Mr. Stilling about access to recreational cannabis for those who have a card for medical cannabis. Mr. Stilling said that they cannot have access to recreational cannabis if they have a medical cannabis card. If a facility wanted to operate both a medical and recreational facility, during the process we would require a demarcation of the difference. 10/2/2019 Com Moodhe asked staff to turn to section 12 of the draft ordinance, packet page 15. Mr. Stilling noted that this is the section that talks about the age requirements for the establishment and reiterated the intent, which is to keep out those who are under the age of 21 from gaining access to the facility. Com. Moodhe asked what would happen if the Planning and Zoning Commission were to vote down the ordinance. Mr. Stilling said the Village Board could adopt the ordinance without a passing vote from the Planning and Zoning Commission. Com. Weinstein asked about buffer zones when it comes to neighboring towns. Mr. Stilling said the Village only has control over what is within the Village’s limit. The Commission has the ability to evaluate these on a case by case basis when a business is going through the special use process within the Village. Com. Weinstein asked about the 1000 foot provision and the occupancy permit timeline. Mr. Stilling noted the issue with the occupancy permit timeline. He suggested a fix could be to include the terms of the occupancy permit in with the special use permit to approve them at the same time. Com. Weinstein asked about the businesses ability to enforce outside consumption, and what outside means as outlined in the draft ordinance. Mr. Stilling clarified that the term outside refers to the premise of the building. The term premises would be defined in the legal description, the PIN number, and plat of survey during the special use process. Com. Au asked about the small business districts within residential areas on map in the staff report. Mr. Stilling replied that those areas are commercially zoned properties that are outside the buffer requirements. Com. Au asked if there was any way to prevent a business from operating in those residential areas zoned business. Mr. Stilling replied that those areas can be removed, however, it may reduce flexibility during the evaluation of a special use. Com. Au asked if there could be a size restriction on how much land is zoned for business. Mr. Stilling noted that there are standard requirements for a facility to operate a business on a commercially zoned property. Com. Au agrees with the other members that the ordinance is well drafted with a few changes to the language as it pertains to age. Com. Richards asked if the 1000 foot buffer is a State requirement or something the Village is proposing. Mr. Stilling replied that the State does not have any buffer requirements other than the requirement of a 1500 feet buffer from one another. The State had established a 1000 foot buffer requirement when approving the medical cannabis act. 10/2/2019 Com. Richards asked about compliance and the Villages ability to make sure they are in compliance. Mr. Stilling explained the development host agreement the Village has with its current medical dispensary. The agreement outlines regulations and security requirements. The Village can also revoke a facilities special use if they are found in violation through due process. Com. Richards asked if staff has the capability to monitor these facilities. Mr. Stilling replied yes, they have the ability to monitor the special use permits. Com. Cohn asked if a school could locate next to an established recreational marijuana facility. Mr. Stilling replied yes. Com. Cohn asked if they could deny a special use to a school that wants to locate next to a dispensary. Mr. Stilling replied that it would be a business decision made by the school Com. Cohn asked about buffer requirements as it pertains to advertisements. Mr. Stilling replied that those requirements are adopted by the State. Com. Cohn asked what kind of advertisements they would likely see. Mr. Stilling replied that it is unknown, but staff believed it should be incorporated into the zoning regulations set by the Village. Com. Cohn asked if a neighboring town could place a facility as close to a school as they want. Mr. Stilling replied yes. Com Cohn asked if there was anything they could do to stop that from happening. Mr. Stilling replied no. Com. Worlikar asked how restrictive the Villages ordinance is when compared to other municipalities’ drafted ordinances. Mr. Stilling replied that the Villages draft ordinance is much more restrictive when compared to other drafted ordinances. Com. Worlikar asked if the Village has looked into what the City of Chicago was doing. Mr. Stilling replied that they do not look at the City of Chicago because it is much too different from the Village of Buffalo Grove. Com. Goldspiel commented on the vaping epidemic and asked if the Village can limit the types of products sold by the dispensary. Mr. Stilling replied that the Village cannot limit the types of products sold, it is a matter that lies with the State. Chairperson Cesario asked what staffs experience has been with the current medical cannabis special use. Mr. Stilling replied that they have not experienced any issues. 10/2/2019 Com. Moodhe asked if any businesses have commented on the existing facility with any smell issues. Mr. Stilling replied no. Com. Moodhe asked why the Village Board removed cultivation from the Village. Mr. Stilling replied cultivation centers are unknown businesses, but could be evaluated down the road. Com. Moodhe asked if the Village ordinance could provide legal standing if a neighboring town wanted to put a facility on the boarder. Mr. Stilling replied no. Com. Moodhe asked the Village Attorney why. Mr. Brankin replied that it would be outside of our purview so long as the neighboring town was following the State Act. The Village could file an objection from a land use perspective, however, we cannot impose our zoning regulations onto the neighboring town. Com. Moodhe asked if a future Board could change the number of facilities allowed within the Village. Mr. Stilling replied yes and it would have to go through a public hearing. Howard Buners, 417 Saint Marcus Parkway Buffalo Grove suggested that if there was a possibility, the Village of Buffalo Grove should take advantage of having a cultivation center. Jorie Ouimet, 512 Forestway Drive Buffalo Grove spoke in opposition of recreational marijuana and requested that the PZC only allows for one facility and place it in the industrial zone. Huishi Dong, 680 Highland Grove Drive Buffalo Grove spoke in opposition of recreational marijuana and requested the buffer be increased and include other public spaces such as libraries and parks. He recommended that there only be one recreational facility. Sharon Zhan, 485 Thorndale Drive Buffalo Grove spoke in opposition of recreational marijuana and expressed her concerns on the buffer distance and the industrial zoned area. Victor Shi, 1287 Sandhurst Drive Buffalo Grove spoke in opposition of recreational marijuana and recommended that the zoning regulations only allow one facility in the industrial zone should the Village opt in. He expressed concerns about safety and addiction as it relates to teens and young adults in the Village of Buffalo Grove. Carson Ezell, 39 Pinewood Court Buffalo Grove spoke in opposition of recreational marijuana and suggested the Planning and Zoning Commission place the strictest regulations possible, allowing only 1 recreational dispensary in the industrial zone should the Village opt-in. Bhavya Vegesna, 1200 Brandywyn Lane Buffalo Grove spoke in opposition of recreational marijuana and suggested that Buffalo Grove limit the amount of dispensaries to one in the industrial zone, reducing the availability of marijuana. 10/2/2019 Maya Gropal, 5715 Hampton Drive Buffalo Grove spoke in opposition of recreational marijuana and suggested the Village only allow one dispensary in the industrial zone should the Village opt-in. She expressed her concerns on safety and teen use. Yjanxin Hu, 529 Cobblestone Lane Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns on the risk marijuana. Huogi Yin, 1165 Franklin Lane Buffalo Grove spoke in opposition of recreational marijuana and shared her personal stories. Depeny Bi, 2773 Whispering Oaks Buffalo Grove spoke in opposition of recreational marijuana and suggested the Village work with legal counsel on long term liability for the Village of Buffalo Grove. Eleanor Hesse, 787 Beachwood Road Buffalo Grove spoke in opposition of recreational marijuana and the risk marijuana can have on future generations. Ron Mraz, 1261 Radcliffe Road Buffalo Grove spoke in opposition of recreational marijuana and suggested they only have one facility. He expressed his concerns about the cost of public safety with the legalization of marijuana. Rachel Elichman, 14 Crestview Terrace Buffalo Grove spoke in opposition of recreational marijuana and expressed her concerns regarding the buffer distance. Amy Kostrzak, 636 Maple Drive Buffalo Grove spoke in support of recreational marijuana within the Village of Buffalo Grove and reduce the use of unregulated products, providing more safety and revenue. Hunter Logan, 108 Circle Drive Buffalo Grove spoke in opposition of recreational marijuana. Amanda Jemil, 421 Springside Lane Buffalo Grove spoke in support of recreational marijuana and the revenue that could come from a dispensary would be good for the community. A dispensary would allow for safe consumption instead of off the street products that could potentially be harmful. Michael Gonzalez, 1125 Franklin Lane Buffalo Grove spoke in support of recreational marijuana and the safer products that will be available. Jonathan Chung, 750 Aspen Drive Buffalo Grove spoke in opposition of recreational marijuana and the security risks to the public. Anastasia Makarska, 83 Fabish Court Buffalo Grove spoke in opposition of recreational marijuana and suggested the Village have one dispensary only allowed in the industrial zone to reduce exposure to teens. William Pollack, 1110 Thompson Boulevard Buffalo Grove spoke in opposition of recreational marijuana and expressed concern over the buffer zone requirements. Mingdors Tam, 2371 Apple Hill Lane Buffalo Grove spoke in opposition of recreational marijuana and suggested the Village impose strong restrictions on recreational marijuana within the community. Xun Li, 1334 Devonwood Court Buffalo Grove spoke in opposition of recreational marijuana. Noopur Memporta, 1382 Devonwood Court Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns over the cost of public safety. 10/2/2019 Yunhe Zhang, 2093 Jordan Terrace Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns on the buffer distance requirements and fake ID’s. Craig Horwiyz, 883 Stonebridge Buffalo Grove spoke in opposition of recreational marijuana. Jianing Yang, 1104 Lockwood Drive Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns about marijuana in the community. Michelle Siegal, 1971 Sheridan Road Buffalo Grove spoke in support of recreational marijuana. Diane Smolensky, Horatio Boulevard Buffalo Grove spoke in support of recreational marijuana. Tao Yan, 385 Town Place Circle Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns on drug safety in the Village. Suggested the buffer zone be more than 1000 feet. Ping Doig, 1206 Westchester Road Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns over marijuana and the children in the community. Jim Zhu, 15 River Oaks Circle Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns over marijuana as it relates to social and economic cost to the Village. Di Wang, 550 Crown Point Circle Buffalo Grove spoke in opposition of recreational marijuana. Yang Wang, 2444 Palazzo Circle Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns over the regulations of recreational marijuana. Wenjing Pan, 7 East Fox Hill Drive Buffalo Grove spoke in opposition of recreational marijuana and expressed frustration over the buffer distance. Ning Wang, 993 Knollwood Drive Buffalo Grove spoke in opposition of recreational marijuana and expressed worry for children and young adults in the community. Hemlata Lamba, 2860 Whispering Oaks Drive Buffalo Grove spoke in opposition of recreational marijuana and expressed concerns over the effect on the community. Tiffany Wang, 1457 Oxford Drive Buffalo Grove spoke in opposition of recreational marijuana and shared data she found on the effects of recreational marijuana on children and young adults. Additionally she expressed concern about the buffer distance. Jing Ma, spoke in opposition of recreational marijuana and expressed concern over the lack of control the Village will have with a recreational facility. Nick Salame, 1321 Pesht Ave Naperville commented on the high regulations and compliance PDI abides by from the State. Jeff Wardle, 111 Crooked Creek Trail Barrington, principal of Buffalo Grove High School spoke in opposition of recreational marijuana. The Public hearing was closed at 9:53 PM Chairperson Cesario entered the Village staff report as exhibit one 10/2/2019 Com. Weinstein made a motion to recommend to the Village Board the approval of the 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. Com. Moodhe seconded the motion. Com. Cohn commented that he does not believe the ordinance is strict enough. Com. Weinstein made a motion to amend the original motion recommending approval of the draft ordinance as presented and that the Village Board may consider the following additional items: 1. Consider expanding the buffer requirements by adding libraries and museums 2. Restrict dispensaries only to the “I” Industrial District 3. Permit dispensaries only along major roadways such as Dundee Road, Milwaukee Avenue and Lake Cook Road in the B1, B2 and B3 districts 4. Clarify the age restriction and restrict access to medical card holders under 21 5. Clarify Section d iv of the draft Ordinance regarding the certificate of occupancy and timing of a new school. Com. Moodhe seconded the amended motion. Com. Cohn does not support the amended motion. Com. Moodhe commented on the draft ordinance and State law as it relates to recreational marijuana. Com. Goldspiel commented on the draft ordinance and recreational marijuana. Com. Weinstein commented on the draft ordinance and believes it will help guide the zoning process moving forward. RESULT: RECOMMENDATION TO APPROVE [7 TO 1] AYES: Moodhe, Cesario, Goldspiel, Weinstein, Au, Richards, Worlikar NAYS: Matthew Cohn ABSENT: Zill Khan Regular Meeting Other Matters for Discussion None Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Sep 18, 2019 7:30 PM 10/2/2019 RESULT: ACCEPTED [7 TO 0] AYES: Moodhe, Cesario, Cohn, Goldspiel, Weinstein, Au, Worlikar ABSTAIN: Kevin Richards ABSENT: Zill Khan Chairman's Report None Committee and Liaison Reports None Staff Report/Future Agenda Schedule Mr. Stilling noted that the October 16, 2019 PZC meeting is canceled. Public Comments and Questions None. Adjournment The meeting was adjourned at 10:15 PM Kelly Purvis APPROVED BY ME THIS 2nd DAY OF October , 2019