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HomeMy WebLinkAboutPZ-22-19 50 S. Emerson Street1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -22-19 Hearing Date: November 14, 2019 PROPERTY ADDRESS: 50 S. Emerson Street PETITIONER: Village of Mount Prospect PUBLICATION DATE: October 30, 2019 REQUEST: Text Amendments MEMBERS PRESENT: William Beattie Norbert M izwicki Agostino Filippone Walter Szymczak Lisa Griffin Joseph Donnelly MEMBERS ABSENT: Sharon Otteman Thomas Fitzgerald STAFF MEMBERS PRESENT Lance Malina —Village Attorney Connor Harmon — Development Planner Jason Shallcross — Development Review Planner ConsueloArguilles— Deputy Director of Community Development INTERESTED PARTIES: Victoria Mendicino and Terri Gens Commissioner Beattie called the meeting to order at 7:01 pm. Commissioner Beattie made a motion seconded by Commissioner Filippone to approve the minutes from the Planning and Zoning Commission meetings on September 12, 2019. The minutes were approved 5-0 with Chairman Donnelly abstaining. Chairman Donnelly introduced case, PZ -22-19 50 S. Emerson Street as code amendments related to recreational cannabis. This case is Village Board final. Mr. Shallcross gave a brief description of the Cannabis Regulation and Tax Act (the "Act"), previously held joint Village Board and Planning and Zoning Commission meetings, proposed regulations, and public input received. Mr. Shallcross explained business -specific regulations proposed for Chapter 11 (Merchants/Businesses). Mr. Shallcross explained zoning -related regulations proposed for Chapter 14 (Zoning). He explained that any cannabis -related business would be a conditional use, that land use tables would reflect each type of business establishment, and that no recreational establishments would be a permitted use anywhere in the Village. He stated that medical dispensaries would continue to be regulated as pharmacies. He Planning & Zoning Commission Meeting- November 14, 2019 PZ -22-19 Joseph Donnelly, Chair explained that cannabis dispensing organizations would be a conditional use in the B3 and 11 zoning districts, while all other cannabis business types would be a conditional use in the 11 zoning district only. He further explained that the ordinance proposes a 100 -foot restriction on any Cannabis Business Establishment from any public or private school, church/place of worship, or hospital, which mirrors the Village liquor code restrictions. Mr. Shallcross also stated that the Act prohibits any two cannabis businesses from being located within 1,500 feet of each other. Finally, he stated that the State must first approve a license in the Village's area before one would be allowed to operate. Mr. Shallcross explained a map of staff's recommended regulations. Mr. Shallcross explained that ordinances remain in draft form until they are adopted and that the opt -in budget impact is estimated at roughly $440,000 in annual revenue per dispensary, should the associated taxation ordinance (additional 3% tax) be adopted. Mr. Shallcross explained that the proposed ordinance furthers objectives outlined in the Village's Strategic Plan, Comprehensive Plan, and other accepted planning documents as it furthers economic vitality through support, innovation, and collaboration with the Village's business community. He stated that a goal of the Village's is to have an economy that thrives and adapts to changes in the market. He stated that tax revenues could abate the costs of police enforcement, which will be necessary regardless of whether the sale of recreational cannabis is approved. Finally, he stated that both the Finance Commission and Economic Development Commission recommended approval of opting -in with 6-0 votes. Mr. Shallcross explained a map showing which of the Village's 15 surrounding communities are looking at opting -in, and which are looking at opting -out. He stated that so far 3 have opted in (Buffalo Grove, Northbrook, and Niles), 2 have opted out (Arlington Heights, Park Ridge), and the last 10 were split, with 5 leaning towards opting -in and 5 leaning towards opting -out. Mr. Shallcross recommended that the Planning and Zoning Commission make a recommendation to the Village Board to approve the text amendments as outlined in the staff report, which would amend the Zoning Ordinance of the Village Code. He concluded his comments by stating that of the 20 written comments received, 19 were from Village residents. Of those 19 comments, 13 were in favor of opting - in and allowing the sale of recreational cannabis in the Village. Mr. Shallcross stated that this case is Village Board final. Commissioner Beattie and Chairman Donnelly clarified with staff that the goal of the discussion was not to discuss the policy of whether to opt -in, but to evaluate the proposed zoning amendments. Commissioner Beattie clarified that the proposed amendments to Chapter 11 are outside of the Planning and Zoning Commission's purview. Commissioner Filippone asked about the proposed operation regulations and advertisement regulations. Staff clarified that the name of a business does not qualify as an advertisement. Planning & Zoning Commission Meeting- November 14, 2019 PZ -22-19 Joseph Donnelly, Chair Commissioner Filippone asked about enlarging the buffer from 100 feet to 1,000 feet. Mr. Shallcross explained that the proposed buffer was the result of discussions at the Planning and Zoning Commission level. Mrs. Arguilles added that the proposed regulations are consistent with the Village's liquor code restrictions. Commissioner Beattie clarified that the advertising regulations are related to off -premise advertising such as billboards. The Commissioners and staff clarified which zoning districts the uses would be allowed in and what the required buffers would be. The Commissioners and staff discussed possible advertising regulations for signage in adjacent communities for cannabis businesses located in Mount Prospect. Staff stated advertising location conditions could be added during the conditional use process. The Commissioners and staff discussed billboard and off -premise sign regulations in the Village. Commissioner Filippone asked about language related to conduct of employees and agents in the proposed ordinance. Staff explained that the language is standard for the business license section as it makes the business owners responsible for their employees. Citizens to be heard: Victoria Mendicino, New Age Care, 2015 E. Euclid Avenue: Stated that she is there to answer any questions about the existing facility in Mount Prospect. Commissioner Beattie asked if Ms. Mendicino was okay with the proposed regulations. Ms. Mendicino stated that the proposed regulations are straightforward and in-line with the Act. She also stated that the State Act allows for dual or "same site" licenses for existing medical dispensaries. Staff clarified that a conditional use process would be required to allow same site cannabis sales. Commissioner Filippone asked for a clarification on the proposed coloration requirements. Staff explained that the proposed regulations require a conditional use approval and have specific square footage and occupancy requirements. Commissioner Filippone requested a clarification on coloration requirements be provided to the Village Board. Commissioner Mizwicki and staff discussed regulations for schools locating near an existing dispensary. Commissioner Beattie asked Mr. Shallcross to explain the conditional use process for those in attendance and watching the meeting at home. Mr. Shallcross explained what a conditional use is and its associated process. Terri Gens, 101 S. Elm Street: Mrs. Gens thanked staff for the time and effort put into evaluating the regulations put before the Planning and Zoning Commission. She stated that she is comfortable with the regulations and conditional use process proposed. Planning & Zoning Commission Meeting- November 14, 2019 PZ -22-19 Joseph Donnelly, Chair 4 Commissioner Filippone asked if the Village is going to place a local cap on the number of dispensaries. Staff clarified that while the number will not be explicitly capped, potential market conditions and regulations would make it feasible for only one or two recreational cannabis sale businesses could locate in the Village. Commissioner Mizwicki and staff discussed regulations in other municipalities. Commissioner Beattie stated that treating cannabis the same as liquor makes sense as both will be legal substances in the Village. Chairman Donnelly closed the hearing. Commissioner Beattie made a motion seconded by Commissioner Griffin to approve the following motion: "To a pp rove: 1. The proposed text amendments to Chapter 14 of the Village Zoning Ordinance, subject to the following conditions: a. Clarification be provided for coloration requirements and applicability." Commissioner Griffin and staff discussed business operation times. Commissioner Filippone discussed CBD oil sales with staff. UPON ROLL CALL AYES: Beattie, Mizwicki, Filippone, Szymczak, Griffin, Donnelly NAYS: None The Planning and Zoning Commission recommended approval by a vote of 6-0; the Village Board's decision is final for this case. Commissioner Beattie made a motion seconded by Commissioner Griffin and the meeting was adjourned at 7:49 pm. r rn Jason C. Shallcross, AICP Development Review Planner Planning & Zoning Commission Meeting- November 14, 2019 PZ -22-19 Joseph Donnelly, Chair