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HomeMy WebLinkAbout10/10/2024 P&Z Minutes (PZ-13-24)MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -13-24 Hearing Date: October 10, 2024 PROPERTY ADDRESS: 50 South Emerson Street PETITIONER: Village of Mount Prospect PUBLICATION DATE: September 25, 2024 REQUEST: Text Amendments Chapter 14 of the Village Code (Tobacco Establishments) MEMBERS PRESENT: William Beattie Ewa Weir Walter Szymczak Greg Miller Richard Rogers MEMBERS ABSENT: Joseph Donnelly Donald Olsen STAFF MEMBERS PRESENT: Charles Hogan — Development Planner Antonia Lalagos — Development Planner INTERESTED PARTIES: Village of Mount Prospect Chairman Beattie called the meeting to order at 7:06 PM. Commissioner Miller made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on September 12, 2024. The minutes were approved 3-0 (Commissioners Miller and Rogers abstained). After hearing one item of new business, Chairman Beattie introduced case number PZ -13-24 for text amendments to the Village code. Ms. Lalagos stated that Village staff is proposing text amendments for sections of the Village Code pertaining to tobacco and vape uses. She explained that the goal of the proposed code revision is to increase scrutiny of tobacco establishments in order to deter business owners from engaging in criminal activity and to further curb illegal sales of tobacco products to persons under twenty one (21) years of age. Ms. Lalagos noted that the staff report includes information about proposed changes in Chapter 14, Chapter 11, and Appendix A, but the Planning and Zoning Commission discussion will focus on Chapter 14, which is the zoning code. Ms. Lalagos reviewed the current and proposed zoning land use table for tobacco uses. She noted that tobacco product sales and consumption as a primary use would no longer be permitted by right in any zoning district in the Village. Ms. Lalagos stated that tobacco shops would be a conditional use in B-3, B- 4, B-5, and B -5C zoning districts, and vape shops would be a conditional use in B-3 and B-4 zoning Planning & Zoning Commission Meeting — October 10, 2024 PZ -13-24 districts. She explained that establishments that sell tobacco products as an accessory use, such as grocery stores and gas stations, would not be subject to conditional use approval unless otherwise noted in the land use tables. Ms. Lalagos reiterated that the Planning and Zoning Commission is not providing recommendations on the changes to Chapters 11 and Appendix A. She noted that Chapter 11 and Appendix A will be presented to the Village Board along with Chapter 14 changes on November 6th Ms. Lalagos asserted that the proposed text amendments meet the standards contained in Section 14.203(D) of the Zoning Ordinance and requested that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To adopt the text amendments to Chapter 14 of the Mount Prospect Village Code." Ms. Lalagos stated that the Village Board's decision is final for this case. Chairman Beattie confirmed that the P&Z Commission was only making a recommendation with respect to Chapter 14. He asked if tobacco uses were currently allowed in any other district besides B3, B4, B5, and B5C. Ms. Lalagos responded that tobacco uses are not permitted in B1, B2, or any industrial zoning district. Chairman Beattie asked if existing tobacco and vape shops would need to apply for conditional use approval. Ms. Lalagos stated that existing tobacco and vape shops would be permitted to continue as an existing nonconforming use. She explained that if the business changes location or is sold to another owner then it would need to obtain conditional use approval. Chairman Beattie asked how many tobacco shops exist now as permitted uses. Ms. Lalagos stated there are ten tobacco shops and two tobacco lounges. She added that most of the tobacco shops also sell vape products. Chairman Beattie asked if the existing tobacco shops wanted to operate for the next 50 years they could continue operating as they exist today. Ms. Lalagos replied yes. She reported that if the existing tobacco shops violated any provisions of Chapter 11 as it is written today, they could have their license revoked. Ms. Lalagos explained that the proposed text amendments are an additional step to ensure that shop owners are practicing their business legally. Chairman Beattie asked if new tobacco establishments would have to come before the Planning and Zoning Commission and the Village Board. Planning & Zoning Commission Meeting — October 10, 2024 PZ -13-24 Ms. Lalagos confirmed that a new establishment would have to come before the board to determine if it was an appropriate land use in that location, and in addition it would have to qualify for the business license with a background check and reference letters. Chairman Beattie observed that these changes raise the bar for these types of businesses to open in the future. Ms. Lalagos confirmed that the changes make it more restrictive. Hearing no further comments or questions, Chairman Beattie closed the hearing and asked for a motion. Commission Miller made a motion seconded by Commissioner Szymczak to approve the following motion: "To adopt the text amendments to Chapter 14 of the Mount Prospect Village Code." UPON ROLL CALL AYES: Szymczak, Weir, Beattie, Miller, Rogers NAYS: None The Planning and Zoning Commission gave a positive recommendation (5-0) to the Village Board. Chairman Beattie asked if there were any citizens to be heard. Hearing no further discussion, Commissioner Miller made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 7:36 PM. Antonia Lalagos, Development Planner Planning & Zoning Commission Meeting — October 10, 2024 PZ -13-24