2019-11-06 - Planning and Zoning Commission - Agenda Packet
Meeting of the Village of Buffalo Grove
Planning and Zoning Commission
Regular Meeting
November 6, 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 a Variation to the Sign Code for Temporary Development Signs for Link
Crossing (Request to Continue to the November 20, 2019 Planning & Zoning
Commission Meeting) (Trustee Johnson) (Staff Contact: Chris Stilling)
2. Consider a Variation for a 8 Foot High Fence at 810 Woodhollow Lane (Trustee
Weidenfeld) (Staff Contact: Chris Stilling)
III. Regular Meeting
A. Other Matters for Discussion
B. Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Oct 2, 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: 11/1/2019 9:39 AM Page 1
Action Item : Consider a Variation to the Sign Code for Temporary
Development Signs for Link Crossing (Request to Continue to the
November 20, 2019 Planning & Zoning Commission Meeting)
Recommendation of Action
The PZC shall open the public hearing and continue the item to the November 20, 2019 PZC meeting.
K. Hovnanian Home, developer for Link Crossing, is requesting a variation to allow multiple temporary
development signs in an effort to market and advertise their project. The petitioner has reques ted that this
item be continue to the November 20, 2019 PZC meeting.
Trustee Liaison Staff Contact
Johnson Chris Stilling, Community Development
Wednesday, November 6,
2019
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Updated: 11/1/2019 9:50 AM Page 1
Action Item : Consider a Variation for a 8 Foot High Fence at 810
Woodhollow Lane
Recommendation of Action
Staff recommends approval.
The Petitioner at 810 Woodhollow Lane is requesting to have an 8 foot solid wooden fence installed on
the rear property line. Pursuant to fence code, a 6' solid fence may be constructed along a major street.
As the Petitioner is proposing a solid fence greater than 6 feet, a variation is required.
ATTACHMENTS:
Staff Report (DOCX)
Plan Set (PDF)
Trustee Liaison Staff Contact
Weidenfeld Chris Stilling, Community Development
Wednesday, November 6,
2019
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VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: November 6, 2019
SUBJECT PROPERTY LOCATION: 810 Woodhollow Ln
PETITIONER: Peter Guercio
PREPARED BY: Rati Akash, Village Planner
REQUEST: A variation to install 8 foot solid fence along McHenry Rd on the
rear property line of the subject property.
EXSITING LAND USE AND ZONING: The property is improved with a single-family home currently
zoned R4A.
COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this property
and the immediate neighborhood to be single family detached.
PROJECT BACKGROUND
The Petitioner at 810 Woodhollow Lane is requesting to have an 8 foot solid wooden fence installed on
the rear property line. Pursuant to fence code, a 6’ solid fence may be constructed along a major street.
As the Petitioner is proposing a solid fence greater than 6 feet, a variation is required.
Recently, the existing 5 foot shadowbox fence located on the rear property line along McHenry Road was
hit by a car and needs to replaced. Hence, the Petitioner is proposing to install a new 8 foot solid fence in
the rear property line abutting McHenry Road.
PLANNING & ZONING ANALYSIS
The Petitioner is proposing to
replace an existing 5 foot
shadowbox fence with an 8 foot
fence in the rear property line along
McHenry Road as shown in white in
Image A.
The Petitioner wishes to match the
height of the fence to the neighbor
on the north (900 McHenry Road)
where an 8 foot scalloped
shadowbox fence has been installed.
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VARIATIONS REQUESTED
A fence height variation from Section 15.20.090.C from the Buffalo Grove fence Code states that fencing
material that is over five feet in height shall be of a design that is open so as to allow visibility.
Over the past several years, the Village has approved 15 variations allowing for 8’ high fences along
McHenry Road.
DEPARTMENTAL REVIEWS
Village Department Comments
Engineering The Village Engineer has reviewed the proposed fence location and
does not have any engineering or line of sight concerns or objections
with the proposed location of this fence.
SURROUNDING PROPERTY OWNERS
Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign was
posted on the subject property. The posting of the public hearing sign and the mailed notifications were
completed within the prescribed timeframe as required. As of the date of this Staff Report, the Village has
received no calls inquiring about the fence variation.
STANDARDS
The Planning & Zoning Commission is authorized to grant variations of the Fence Code based on the
following criteria:
1. The plight of the owner is due to unique circumstances;
2. The proposed variation will not alter the essential character of the neighborhood;
3. There are practical difficulties or particular hardships in carrying out the strict letter of this
Chapter which difficulties or hardships have not been created by the person presently having an
interest in the property; and,
4. The proposed variation will not be detrimental to the public health safety and welfare.
The petitioner will respond to the standards in the Public Hearing.
STAFF RECOMMENDATION
Village staff recommends approval for this variation to allow for an 8 foot solid wood fence to be installed
in the rear property line of the subject property along McHenry Road.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the variation. The PZC shall make a final decision on whether or not to approve the variation.
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10/2/2019
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 R AUPP 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.
3.B.1
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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.
3.B.1
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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.
3.B.1
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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.
3.B.1
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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.
3.B.1
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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
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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
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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
Chris Stilling
APPROVED BY ME THIS 2nd DAY OF October , 2019
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