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02/24/2014Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 1 DES PLAINES PLAN COMMISSION MEETING FEBRUARY 24, 2014 'MINUTES The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, Febnuary 24, 2014 at 7 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMNIISSION PRESENT: Lane, Niemotka, Yi ABSENT: Bar, Perez ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Scott Mangum, Senior Planner/Community & Economic Development Gale Cerabona, Recording Secretary Chairman Niemotka called the meeting to order at 7 p.m. Roll call was conducted. APPROVAL OF MINUTES: Commissioner Yi asked if last month's Plan Commission meeting was, in fact, a study session/public hearing and stated that perhaps the meeting should be titled a Public Hearing. Mr. Mangum advised that tonight's meeting is a Public Hearing calling for action. A motion was made by Commissioner Lane, seconded by Conunissioner Vi, to approve the meeting minutes of January 27, 2014, as presented. AYES: Lane, Niemotka, Yi NAYES: None ***MOTION CARRIED UNANIlVIOUSLY (3-0) *** NEW BUSINESS Chairman Niemotka read this evening's two cases to the Plan Commission. 1. Address: Citywide Case Number: 14 -004 -TA This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, concerning Medical Cannabis Cultivation Centers and Dispensaries. The proposed amendments Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 2 include revisions to the Commercial District Use Matrix and Manufacturing District Use Matrix located in Tables 7.3.1 and 7.4.1 of the Zoning Ordinance, respectively, and involves the addition of related uses in the affected districts. Associated amendments to certain Specific Use Regulations in Article 8 and use definitions in Article 13 are also proposed. Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 Chairman Niemotka asked who will make the presentation. Mr. Mangum advised he would and reminded everyone of the contents of the last meeting regarding this subject. Issue: The State of Illinois recently approved legislation to authorize Medical Cannabis Cultivation Centers and Dispensing Organizations and these uses are not currently addressed within the City's Zoning Ordinance. In December the City Council directed the Plan Commission to hold a public hearing on the question of whether the Zoning Ordinance should be amended to include Cultivation Centers or Dispensing Organizations as conditional uses and make a recommendation to the City Council regarding the same along with any other conditions that should be attached to the zoning of Cultivation Centers or Dispensing Organizations. Analysis: On August 1, 2013, Governor Pat Quinn signed Public Act 98-0122, entitled the "Compassionate Use of Medical Cannabis Pilot Program Act" into law. The Act, which has an effective date of January 1, 2014, authorizes qualifying patients that have been diagnosed by a physician as having a debilitating medical condition, as defined by the Act, to use cannabis without being subject to arrest, prosecution, or denial of any right or privilege for the medical use of cannabis in accordance with the Act. Under the Act, facilities to cultivate medical cannabis ("Cultivation Centers") and distribute medical cannabis ("Dispensing Organizations") are subject to specific statutory regulations as well as reasonable zoning ordinances enacted by municipalities. A summary of the Act is provided as Attachment 1. The statutory regulations already limit the location of Cultivation Centers to not closer than 2,500 feet from the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use. Up to twenty two (22) Cultivation Centers, no more than one per each Illinois State Police District, may be registered in the State for operation by the Illinois Department of Agriculture. Additionally, Dispensing Organization may not be located within 1,000 feet of the property line of a pre- existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use. Up to sixty (60) medical cannabis dispensaries throughout the State may be registered for operation by the Illinois Department of Financial and Professional Regulation. Attachments 2 and 3 are draft maps that demonstrate prohibited areas within the City per the distancing requirements in the Act. The Act does allow for municipalities to enact reasonable zoning regulations. Several communities have either adopted, or are in the process of considering, related ordinances. Attached are proposed amendments from Lake County and adopted changes from the City of Naperville and the Village of Barrington. Lake County convened a multi jurisdictional taskforce of member communities which came up with model Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 3 regulations including distancing requirements, setbacks, signage, access, hours of operation, odor, security and video surveillance. The Plan Commission held a study session to discuss the Act and examples of regulations in other communities on January 276. On February 7, 2014 the Illinois Department of Financial and Professional Regulation, Department of Revenue and Department of Agriculture posted draft administrative rules for the Illinois Medical Cannabis Pilot Program. The 151 pages of rules address regulations for medical cannabis dispensaries, taxation, and cultivation centers. A brief summary of these regulations is attached. Some of the regulatory topics covered in the draft regulations include: security and surveillance video, hours of operation, geographic distribution of dispensary locations, and a prohibition on drive-through and delivery operations at dispensaries. Notably, the proposed regulations regarding the distribution of the 60 dispensaries allowed by the Act is as follows: - 3 in each of DuPage, Kane, Lake, and Will Counties - 1 in each of McHenry and DeKalb Counties - 1 in either Grundy County or Kendall County - 11 in suburban Cook County, as follows: 1 in each of the following groupings of townships: Barrington, Hanover, and Palatine Elk Grove and Schaumburg Maine and Wheeling New Trier and Northfield Evanston and Niles Leyden, Norwood Park, and Proviso Berwyn, Cicero, Oak Park, River Forest, and Riverside Lemont, Lyons, and Palos Calumet, Stickney, and Worth Bremen, Orland, and Rich Bloom and Thornton - 13 in the City of Chicago - 21 throughout the remainder of the State Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 4 With portions of Maine, Wheeling, and Elk Grove Townships within Des Plaines' municipal boundaries, the City could see a maximum of two dispensaries based on the proposed distribution. Based on this information and discussion at the January 27, 2014 Plan Commission meeting staff has prepared a Text Amendment that would allow a Medical Cannabis Cultivation Center as a permitted use in the M-2 Zoning District and Medical Cannabis Dispensing Organizations as a conditional use in the C-2, C-4, M-1, and M-2 Zoning Districts. In addition to the State regulations, proposed performance standards would regulate signage, parking location, and parking lot lighting. To properly evaluate the text amendment request, the standards below, which are contained in Section 3.7- 5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not specifically address the proposed uses. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The proposed dispensary use can be considered commercial in nature, but also operates differently than a typical retail business, while the proposed cultivation center use is an industrial use best suited for a manufacturing district. State and local regulations would regulate security of both uses. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment relating to Medical Cannabis Cultivation Centers and Dispensing Organizations could have an indirect effect on public facilities or services. However, a number of security and surveillance measures in the draft State regulations may reduce the reliance on public services. As a conditional use, adequacy of public facilities and potential impacts for dispensaries could be evaluated on a case by case basis. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would provide local zoning regulations regarding Medical Cannabis Cultivation Centers and Dispensing Organizations as provided for in the State Act. This is not expected to have an adverse effect on properties as a whole, particularly with the ability to place conditions on operations through the Conditional Use Permit process. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning Text Amendment does not appear to conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendment would not appear to be in conflict with responsible standards for Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 5 development and growth. The proposed change is not anticipated to generate a significant amount of development and growth in the City as the number of locations is limited by the State. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of the requested text amendment regarding Medical Cannabis Uses. Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Summary of State Act, Marijuana Policy Project Map of Possible Cultivation Locations based on State Distancing Requirements May of Possible Dispensing Locations based on State Distancing Requirements Proposed Lake County Amendments City of Naperville Ordinance Village of Barrington Ordinance Holland & Knight Summary of Draft Administrative Rules Proposed Text Amendment to the Zoning Ordinance Mr. Mangum reported that since our last meeting, more information has been received. The State Act now has additional administrative rules (150 pages) via: o Department of Finance o Department of Revenue o Department of Agriculture Attachment 7 was referred to regarding groups of townships in relation to City boundaries (Maine Township, Wheeling Township and Elk Grove Township, Schaumburg Township). There could be 0-2 dispensaries within the City. Additional information has been provided on security, cameras, parking lot lighting, etc. Attachment 8 is being proposed for the Amendment (within C2 & C4 districts, and M-1 and M-2 districts, dispensing organizations would be conditional uses subject to standards in 8.13). Cultivation centerswould be a permitted use in the M-2 district, as Cultivation Centers will not be open to the public (noted in Article 8 — i.e. limited signage, parking, lighting, etc.). Chairman Niemotka asked if Commissioners have any questions. Commissioner Lane noted: • For M2, would we anticipate someone in cultivation centers and dispensing organizations? Mr. Mangum advised that would be acceptable by one or more parties. Mr. Mangum reminded that previously Federal regulations prohibited banks to participate. Now, all banks are able to participate. Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 6 Chairman Niemotka: • advised $180 million would be attained by medical and recreational usage as in Colorado. Would Des Plaines consider this also? Mr. Mangum stated that Staff is recommending approval for tonight's text amendment regarding Medical Cannabis. If the state were to approve future legislation regarding recreational use, additional rules and text amendments may necessary. Chairman Niemotka asked if the audience has any questions. Michael Raymond asked: • what is 60 dispensing units? Mr. Mangum clarified the number allowed statewide. Candee A. Cole asked: • for information to be shared on taxing this as a business. What does Des Plaines reap? Mr. Mangum replied -- property tax, a separate tax is unknown. Mr. Sakas reminded this is a Plan Commission meeting regarding land use issues; this would be a business tax. Commissioner Lane asked: • if this would become a federal law, could medical marijuana be dispensed through pharmacies? Mr. Mangum advised it would be difficult to speculate. Commissioner Yi asked: • if anyone has been selected. Mr. Mangum advised that draft rules have been developed but no one is able to apply at this time. Chairman Niemotka asked if there are any further questions. There were none. A motion was made by Commissioner Yi, seconded by Commissioner Lane, to approve the text amendment as presented. AYES: Lane, Niemotka, Yi NAYES: None * * *MOTION CARRIED UNANIMOUSLY (3-0) Commissioner Yi complimented City Staff on doing a tremendous job on this presentation. 2. Address: Citywide Case Number: 14 -005 -TA This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, concerning various code changes related to the anticipated adoption of the 2012 Building Code and Amendments to the City Code and repeal of related existing portions of the City Code. Items addressed by this update include driveways and parking pads, fencing regulations relating to dog runs, billboard Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 7 lighting standards, and Electronic Message Board signs for City -Owned properties. The proposed amendments include revisions to the following portions of the Zoning Ordinance: Minor Variations (Section 3.6-5), Fence Regulations (Section 8.2), Specifications for Off -Street Parking Areas (Section 9.6), Electronic Message Board Signs (Section 11.5-7), Sign Regulations (Table 11.6.B) and associated amendments to Definitions in Article 13 are also proposed. Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 Issue: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, concerning various code changes related to the anticipated adoption of the 2012 Building Code and Amendments to the City Code and repeal of related existing portions of the City Code. Items addressed by this update include driveways and parking pads, fencing regulations relating to dog runs, and Electronic Message Board signs for City -Owned properties. The proposed amendments include revisions to the following portions of the Zoning Ordinance: Minor Variations (Section 3.6-5), Fence Regulations (Section 8.2), Specifications for Off -Street Parking Areas (Section 9.6), Electronic Message Board Signs (Section 11.5-7), and associated amendments to Definitions in Article 13 are also proposed. Analysis: Text Amendment Report Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 Address: Case Number: Background Information Citywide 14 -005 -TA The City of Des Plaines is in the process of repealing the 2006 International Building Code Series and adopting the 2012 International Building Code Series. As a part of that process some topics that are currently regulated by local Building Code Amendments will be repealed. Therefore, the City is proposing to relocate portions of the local Building Code Amendments relating to driveways/parking pads and dog runs to appropriate portions of the Zoning Ordinance. The driveway/parking pad requirements were revised to reflect a balance between providing adequate on- site parking areas for one and two-family residential properties with preserving front yard green space for environmental and aesthetic reasons. The amendments also allow for encroachment of sidewalks and patios into certain required setbacks as long as they are separated from a driveway. The process for seeking a variation from these driveway and parking requirements would be a Minor Variation, which is decided by the Zoning Administrator (Director of Community and Economic Development), as opposed to the current process which requires City Council approval. The regulations regarding dog runs would remain largely the same with additional screening provided from the view of the street. Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 8 Additionally, a change is proposed regarding the permitted locations of Electronic Message Board (EMB) signs to include city -owned properties within the R-1, Single Family Residential Zoning District. Specifically, the Fire Department has inquired about replacing manual reader board portions of existing signs at Fire Stations with EMBs, and Fire Stations Number 2 and 3 are located within the R-1 District. School properties are already allowed to have EMB signs within the R-1 District. The EMB signs would be required to comply with performance standards including brightness, animation, and distance from residences or seek a variance from these provisions. To properly evaluate the text amendment requests, the standards below, which are contained in Section 3.7- 5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, generally does not address these changes in detail. However, an objective of the Comprehensive plan includes protecting the integrity and high quality of single-family residential neighborhoods. Appropriate regulations regarding parking/driveway areas and fencing may help to achieve this objective. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The proposed amendments to the Zoning Ordinance are intended to balance improvements on individual properties with the character and needs of the neighborhood. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendments are not anticipated to have a significant effect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendments would regulate on-site improvements in residential areas and should not had an adverse effect on the value of properties. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendments do not appear to directly conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendments would not appear to be in conflict with responsible standards for development and growth. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of proposed text amendments. Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 9 Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Chairman Niemotka asked: • if these are IDOT-maintained or state -maintained permits and if this is in the code. Mr. Sakas stated for a lateral replacement, it is unknown. • regarding dog runs, would one have to build a yard within a yard? If there's a 60 -foot lot, it would be in the middle of the yard. Mr. Mangum advised the intent is to give consideration (separation) to the neighbor. Commissioner Lane: • stated parking is always an issue; a terrible problem on a busy street (9.63). There may be a bumper hanging over the sidewalk. Mr. Mangum stated if one can pass by, he doesn't believe one would receive a ticket. • asked about circle drives. Mr. Mangum advised one would have to obtain a minor variation. Mr. Sakas referenced page 8 (of 15) stating the goal is to provide parking without one parking in the front yard. Chairman Niemotka asked if audience members have any questions. Candee A. Cole: • stated she appreciates this group's efforts to streamline the language • inquired as to a parking pad that may send water to one's neighbor. Mr. Mangum advised — the pad would need to be of another material; a pervious surface. Chairman Niemotka asked Commissioners if there are any further questions. There were none. A motion was made by Commissioner Lane, seconded by Commissioner Yi, to approve the text amendment as presented and allow same to be sent onto the next stage. AYES: Lane, Niemotka, Yi NAYES: None * * *MOTION CARRIED UNANIMOUSLY (3-0) Case #14 -004 -TA Text Amendments for Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations Case #14.005 -TA Zoning Ordinance Text Amendments February 24, 2014 Page 10 ADJOURNMENT: A motion was made by Commissioner Yi, seconded by Commissioner Lane, to adjourn the meeting at 7:40 p.m. AYES: Lane, Niemotka, Yi NAYES: None * * *MOTION CARRIED UNANIMOUSLY (3-0) * Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Plan Commission