10/22/19Case 19-066-FPUD-SUB 930, 946, & 970 North Avenue MAP Amendment, Final
Plat Unit Development &
Final Plat of Subdivision
Case 19-068-TA Citywide Text Amendments
October 22, 2019
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
OCTOBER 22, 2019
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
October 22, 2019, at 7 p.m. in Room 101 of the Des Plaines Civic Center.
ZONING BOARD
Chairman Szabo called the meeting to order at 7 p.m. and read this evening’s cases. Roll call was
established.
PRESENT: Catalano, Fowler, Hofherr, Saletnik, Schell, & Szabo
ABSENT: Bader
ALSO PRESENT: Michael McMahon, Director/Community & Economic Development
Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development
Stewart Weiss, Corporate Counsel/Holland & Knight
Gale Cerabona/Recording Secretary
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the
minutes of September 10, 2019.
AYES: Hofherr, Catalano, Fowler, Saletnik, Schell, & Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
NEW BUSINESS
1. Address: 930, 946, & 970 North Avenue Case 19-066-FPUD-SUB
The petitioner is requesting a Final Planned Unit Development (PUD) for the Blue Sky Residence
residential PUD under Section 12-3-5 of the 1998 City of Des Plaines Zoning Ordinance, as
Case 19-066-FPUD-SUB 930, 946, & 970 North Avenue MAP Amendment, Final
Plat Unit Development &
Final Plat of Subdivision
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amended, and a Final Plat of Subdivision, under Section 13-2 of Subdivision Regulations of the
City of Des Plaines Municipal Code, to allow for the construction of a 67-unit, two- and three-
story, age-restricted (62+) apartment building with 68 surface parking spaces and 66 in-building
parking spaces, with a requested PUD exception from the R-3 Townhouse Residential Zoning
District standards under Section 12-7-2(J) of the 1998 City of Des Plaines Zoning Ordinance, as
amended, for 2,310 square feet of lot area per dwelling unit, instead of not less than 2,800
square feet.
PINs: 09-17-103-031-0000; -041; -042; -044; -045; -048
Petitioner: Daniel Pontarelli, Blue Sky Residence LLC, 1204 E. Central Road, Arlington Heights,
IL 60005
Owner: Old Second Wealth Management Land Trust #7923 37 S. River Street, Aurora, IL
60506
Chairman Szabo swore in Daniel Pontarelli, Blue Sky Residence LLC, 1204 E. Central Road,
Arlington Heights, IL; Daniel P. Brinkman, P.E., PTOE, Assistant Director, Gewalt Hamilton
Associates, Inc., 625 Forest Edge Drive, Vernon Hills, IL; and Kevin Serafin, CEMCON Ltd., 2280
White Oak Circle, Aurora, IL.
Mr. Pontarelli advised they are here to obtain final approval. He noted requirements have been
achieved.
Chairman Szabo asked what changes there are with the City. Mr. Pontarelli stated – none that
he knows of. Coordinator Ainsworth explained the process about the drawings being at a
conceptual level for the preliminary PUD and preliminary plat of subdivision and how the final
engineering drawings have to be approved by the Public Works & Engineering Department for
the final plat of subdivision.
Board Member Hofherr asked what the rent charges would be. Mr. Pontarelli stated the range is
$1875-2150 and includes electric, utilities, Wi-Fi, basic cable along with insurances, snow
removal, and amenities.
Board Member Fowler stated her concern is the landscaping and privacy for the neighbors. She
noted some plants are (24-inches tall) and asked if privacy could be offered. She mentioned that
she sees a fence, but the plants are low to the ground. She asks the petitioner to be a good
neighbor. Mr. Pontarelli replied and stated he has met with a representative for the neighbors.
He noted their request is an 8 ft. high cedar two-board fence; outside of code. Petitioner stated
they are willing to explore other options.
Board Member Catalano noted the packet indicates a 6-ft. fence. Mr. Ainsworth advised a minor
variation would allow an 8-ft. fence around specific areas of the property abutting single family
residents. Amendments for plantings would have to go through another process. Petitioner
Case 19-066-FPUD-SUB 930, 946, & 970 North Avenue MAP Amendment, Final
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Final Plat of Subdivision
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highlighted the location of the fence and advised it surrounds the entire property except for the
required 25-foot front yard setback.
Chairman Szabo asked for the Staff Report to be summarized by Coordinator Ainsworth:
Issue: The petitioner is requesting a Final Planned Unit Development (PUD) for the Blue Sky
Residence residential PUD under Section 12-3-5 of the 1998 City of Des Plaines Zoning Ordinance,
as amended, and a Final Plat of Subdivision, under Section 13-2 of the Subdivision Regulations of
the City of Des Plaines Municipal Code, to allow for the construction of a 67-unit, two- and three-
story, age-restricted (62+) apartment building with 68 surface parking spaces and 66 in-building
parking spaces, with a requested PUD exception from the R-3 Townhouse Residential Zoning
District standards under Section 12-7-2(J) of the 1998 City of Des Plaines Zoning Ordinance, as
amended, for 2,310 square feet of lot area per dwelling unit, instead of not less than 2,800 square
feet.
Analysis:
Final Planned Unit Development Report
Owners: Old Second Wealth Management Land Trust #7923, 37 S. River
Street, Aurora, IL 60506
Petitioner: Daniel Pontarelli, Blue Sky Residence LLC, 1204 E. Central Road,
Arlington Heights, IL 60005
Case Number: 19-066-FSUB-FPUD
Real Estate Index Numbers: 09-17-103-031-0000; 09-17-103-041-0000; 09-17-103-042-0000;
09-17-103-044-0000; 09-17-103-045-0000; 09-17-103-048-0000
Ward: #3, Alderman Denise Rodd
Existing Zoning R-3 Townhouse Residential Zoning District
Existing Land Use Vacant Land
Surrounding Zoning North: Railroad; M-2 General Manufacturing District
South: R-1 Single-Family Residential District
East: M-2 General Manufacturing District; R-1 Single-Family
Residential District
West: Railroad; M-2 General Manufacturing District; R-1 Single-
Family Residential District
Surrounding Land Use North: Railroad; Industrial
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South: Single-family residential
East: Industrial/Residential
West: Industrial/Residential
Street Classification North Avenue is designated as a local street
Comprehensive Plan Multi-Family Residential is the recommended use of the property
Project Description The petitioner, Daniel Pontarelli of Blue Sky Residence LLC, is
proposing a 67-unit, age-restricted (62 years and older)
apartment building at 946 North Avenue. The development site
is comprised of six individual lots totals 3.54 acres in size. The
petitioner rezoned the property to R-3 Townhouse Residential
District as part of Ordinance Z-30-18. R-3 Townhouse Residential
District permits multi-family developments such as the proposed
building. With the Final Planned Unit Development, a PUD
exception is being requested to reduce the 2,800 square feet of
land area per dwelling unit requirement down to 2,310 square
feet of lot area per dwelling unit under Section 12-7-2(J) of the
Des Plaines Zoning Ordinance.
There are 67, one-bedroom apartments proposed for the site
which all will be located within a single building. The building
materials associated with the project comply with the Building
Design Standards found in Zoning Ordinance Section 12-3-11 as
two brick/stone materials are being used on the first floor and
decorative fiber cement board panels will be improved on part of
the second and third floor elevations. Additionally, there will be
two brick materials and colors to comply with Zoning Ordinance
Section 12-3-11.D.2.a.3. An outdoor, landscaped rooftop deck is
also proposed on the third floor. This rooftop deck will assist with
reduce the massing of the building along the south elevation and
provide an amenity to the building’s residents. Additional
amenities spaces include a craft room, wine room, lobby,
exercise room, sauna, and multi-purpose room with a
kitchenette. Outdoor recreational amenities include a putting
green, bocce court, seating area with fire pit, and walking path.
With regards to parking, the petitioner is proposing 66 in-building
parking spaces and 68 surface parking spaces, for a total of 134
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spaces. As two parking spaces per dwelling unit are required per
Zoning Ordinance Section 12-9-7, the number of parking spaces
provided with the proposed improvements satisfies this
regulation. This property provides two private entrances onto
North Avenue for vehicular access.
The petitioner received Preliminary Planned Unit Development
approval from City Council on November 5, 2018 through
Ordinance Z-30-18. Per this ordinance and Section 12-3-5 D.3.,
the petitioner is required to submit the Final Planned Unit
Development Plat within 180 days of such approval. Note, the
Final Planned Unit Development Plat was completed and
submitted to the Community and Economic Development
Department on March 15, 2019. There were several rounds of
review and comments between the City and the petitioner’s
design team to ensure that all codes and regulations have been
satisfied.
City staff reviewed the Final Planned Unit Development Plat and
finds that this plat conforms to the preliminary land use and
improvements as shown on the Preliminary Planned Unit
Development Plat.
Final Plat of Subdivision
Project Description: The petitioner has submitted a Final Plat of Subdivision in order
to consolidate the six existing lots into one new lot of record to
reflect the redevelopment of this property. The proposed plat
shows easements for public utilities and stormwater
management around the perimeter and throughout the site that
exceeds the easement requirements in the Subdivision
Ordinance. The Final Plat of Subdivision is in substantial
compliance with the Tentative Plat of Subdivision.
As part of the Subdivision Ordinance, Chapter 4 identifies a
requirement to either dedicate part of the land for a residential
project with 15 or more units or pay an impact fee due to the new
residents generated from the subject development. The
petitioner has requested an impact fee be applied to this
development versus donating land to the Des Plaines Park
District. Based on the land value of $200,000 per acre and 67
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Final Plat of Subdivision
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one-bedroom apartments to be constructed on the site, the
proposed impact fee yielded a total of $129,560.60. However,
according to Subdivision Ordinance Section 13-4-2.C, a credit can
be provided to the impact fee when a development provides a
high degree of recreational amenity space within the
development. A credit of $25,004.58 has been applied to the park
district impact fee due to the outside amenity space which
reduces the total payment to $104,559.92. The Des Plaines Park
District was consulted on the requested credit and found the
credit and park district impact suitable.
Staff Review
As part of the application review process, the following departments reviewed the proposed
preliminary drawings: Fire Prevention, Public Works and Engineering, and Community and
Economic Development. The applicant worked with staff to incorporate the comments and
reduce any potential impact on surrounding properties and to advance the public health, safety
and welfare. All staff review comments have been or will be incorporated into the drawings
and/or conditions associated with this application.
Compliance with the Comprehensive Plan
There are several parts of the 2019 Des Plaines Comprehensive Plan that aligns with the proposed
project. Those portions are as follows:
Encourage Aging-In-Place Strategies
o “As of 2015, 40.2 percent of the Des Plaines population was age 50 or older,
higher than the regional average of 31.4 percent. The City should be preparing its
housing stock to accommodate older adults. By taking steps to help residents to
age-in-place, Des Plaines will ensure that their community remains comfortable
and safe for residents at all stages of life.”
Under Housing Vision Statement:
o “Incoming or aging residents of Des Plaines will enjoy a wide range of housing
options to meet their needs.”
Under Housing – Diversifying the Housing Stock:
o “Many aging residents prefer smaller, multifamily units to continue an
independent lifestyle while minimizing the obligations that are associated with
owning larger properties.”
Under Housing – Implementation Action:
o Recommendation – “Ensure the City has several housing options to fit diverse
needs.”
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Planned Unit Development Findings
As required, the proposed development is reviewed below in terms of the findings contained in
Section 12-3-5(E) of the Zoning Ordinance:
A. The extent to which the Proposed Plan is or is not consistent with the stated purpose of the
PUD regulations in Section 12-3-5(A):
Comment: The proposed development is consistent with the stated purpose of Section 12-3-5(A)
of the Des Plaines Zoning Ordinance as a multi-family residential development would allow for a
more efficient use of land resulting in more economic networks of utilities, streets and other
facilities not possible under the strict application of the Zoning Ordinance. Additionally, the
proposed development encompasses all dwelling units into one building which allows for
increased open space and outdoor amenities that may not otherwise exist without the PUD
designation.
B. The extent to which the proposed plan meets the prerequisites and standards of the planned
unit development regulations:
Comment: The proposed Planned Unit Development meets all PUD requirements contained in
Section 12-3-5(B) of the Zoning Ordinance as it will be located in a zoning district that permits
PUDs (R-3 Townhouse Residential District), meets the minimum size standard of two acres
(combined land area is 3.54 acres), and the land is under unified control of Blue Sky Residence
LLC.
C. The extent to which the proposed plan departs from the applicable zoning and subdivision
regulations otherwise applicable to the subject property, including, but not limited to the
density, dimension, area, bulk, and use and the reasons why such departures are or are not
deemed to be in the public interest:
Comment: The proposed development meets or exceeds the following applicable zoning
regulations for the R-3 Townhouse Residential District:
Minimum size for PUD: two acres are required; the total property area is 3.54 acres
Parking requirements: 134 spaces are required (two parking spaces per unit); 134 are
proposed
Setbacks: a front yard setback of 25 feet, side yard setbacks of 10 feet, and a rear yard
setback of 30 feet are required; a front yard setback of at least 62 feet 10 inches, side
yard setbacks of a minimum of 10 feet 10 inches, and a rear yard setback of 32 feet 9
inches feet are proposed
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Height: A maximum height of 45 feet is permitted; 36 feet 6 inches which includes the
two foot parapet wall
Compatibility with surrounding properties: a negative impact from the proposed
multiple-family residential use is not anticipated; the properties to the south have
residential uses, while the properties to the north, east and west currently have industrial
uses
Traffic: adequate provisions for safe ingress and egress and minimal traffic impact will be
provided
General design: the general design of the proposed apartment building is not expected to
be detrimental to public health, safety or general welfare; the building will have a brick
facade that complements the surrounding neighborhood
A Planned Unit Development exception is requested for:
Lot area per dwelling unit: a minimum of 2,800 square feet per dwelling unit is required;
2,310 square feet per dwelling unit it proposed (an approximately 17.5% reduction in
required lot area per dwelling unit)
D. The extent to which the physical design of the proposed development does or does not make
adequate provision for public services, provide adequate control of vehicular traffic, provide
for, protect open space, and further the amenities of light and air, recreation and visual
enjoyment:
Comment: After reviewing the petitioner’s building and site improvement plans, the necessary
infrastructure has been accounted for. The petitioner has been working with the Public Works
and Engineering Department has approved the site improvement drawings as part of their review.
In terms of recreational amenities proposed for the site, the petitioner has identified on the site
plan a walking path, putting green, and bocce court. A seating area with fire pit is proposed for
the bocce court area. Additionally, the petitioner will pay a park district impact fee prior to the
construction of the proposed development.
As mentioned in the 2016 traffic study that was created by Gewalt Hamilton Associates, Inc. of
Vernon Hills, IL and reaffirmed in the memo dated October 14, 2019, the study concluded that
the traffic generated by the proposed development represents a negligible impact on adjacent
roadways and intersections. The study also concluded that at morning and evening peak travel
times, the traffic created by the proposed development would be equal to or less than the traffic
created by a traditional non-age restricted development of 55 units (the number of units that
would be permitted based on the requirement of 2,800 square feet of lot area per dwelling unit)
or an industrial use. Please note that the original traffic study (originally dated December 20,
2016) was performed under the assumption that 75 units, instead of 67, were proposed. An
addendum (dated October 14, 2019) confirmed that the reduction in units would result in a slight
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reduction in anticipated traffic volumes. Additionally, trip distribution is expected to be identical
when considering 75 units versus 67 units.
E. The extent to which the relationship and compatibility of the proposed development is
beneficial or adverse to adjacent properties and neighborhood:
Comment: The style, location and massing of the proposed apartment building is compatible with
the surrounding uses as the top of the building peaks at 36’ 6”. This is 18” taller than a single
family detached house building height allowed in the abutting R-1 Single Family Detached Zoning
District. All off street parking and recreational amenities have been located inside of the subject
building and on the same lot as the proposed development. Additionally, extensive landscaping
will be added to the southern portion of the development to assist with buffering and screening.
As a result of all design and improvements, the proposed multi-family residential development
will ensure compatibility with the surrounding uses.
F. The extent to which the proposed plan is not desirable to physical development, tax base
and economic well-being of the entire community:
Comment: The proposed multiple-family residential use will have a positive economic impact on
the property versus the existing vacant land. Additionally, the proposed project will reactivate a
long-time vacant parcel with a housing type that is needed in the City based on the
recommendations from the 2019 Des Plaines Comprehensive Plan. Once the proposed building is
hypothetically constructed and occupied, there will be demands on city services, city streets, and
other public facilities; however, it is found that the City’s current public services and public
facilities will accommodate the increased need for services at this location without being
overburdened.
G. The extent to which the proposed plan is in conformity with the recommendations of the
2019 Comprehensive Plan:
Comment: The 2019 City of Des Plaines Comprehensive Plan (Comprehensive Plan) recommends
the site as Multi-Family Residential. The Comprehensive Plan recommends to provide a diversified
housing stock throughout the City. Additionally, to assist existing residents 62 years and older
age in place, multi-family housing options should be provided for this resident demographic. The
proposed development advances these recommendations and goals of the Comprehensive Plan.
Staff Recommendation: I recommend approval of the Final Planned Unit Development and Final
Plat of Subdivision, subject to the conditions as listed below.
Conditions of Approval:
1. A Minor Variation shall be obtained for any proposed eight-foot tall fence.
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2. The petitioner must prepare and submit a noise attenuation study, for the purpose
of determining and confirming appropriate sound levels inside the building’s dwelling
units prior to issuance of a building permit.
3. The petitioner shall be responsible for paying $104,559.92 in park district impact fees
due to the number of units proposed with this project. The impact fee shall be paid
to the City of Des Plaines prior to the recording of the Final Plat of Subdivision.
4. Prior to commencing construction on the development, the petitioner shall cause a
deed restriction to be recorded against the subject property limiting the tenancy of
the Development to persons ages 62 or older as permitted by the Housing for Older
Person Act of 1995 and the Federal Fair Housing Act. The age covenant shall be in a
form and substance approved by the City Manager and the City’s General Counsel.
5. Any monument/entrance sign shall not be internally or externally illuminated.
Planning and Zoning Board Procedure: Under Section 12-3-5.D.5.c.3 of the Zoning Ordinance and
Section 13-2-7 of the Subdivision Ordinance, the Planning and Zoning Board has the authority to
recommend that the City Council approve, approve subject to conditions, or deny the above-
mentioned requests. The City Council has final authority over the Final Planned Unit Development
and Final Plat of Subdivision.
Chairman Szabo asked if anyone is in favor of this petition or against it. The following audience
members came forward and were sworn in:
Linda Wojcik 907 North Avenue
Ms. Wojcik stated she would like to inquire about a discrepancy. She read a portion of
the tax records on the subject sites and the 1998 Zoning Ordinance and noted the
developer is short by 10,000 square feet of land when comparing the tax records to the
density exception request. Ms. Wojcik shared this tax information and asked how this
could happen.
Chairman Szabo stated a stipulation could be added for the extra square footage.
Attorney Weiss stated sometimes tax records are not always accurate, etc.
He noted Staff takes this into account. It is not a relevant discrepancy.
Mr. Serafin, Civil Engineer, advised they prepared the survey and do refer to original
deeds, etc.; it is typically a discrepancy with the tax maps.
Ms. Wojcik asked if Cook County’s records are incorrect. Chairman Szabo stated many
times they are.
Board Member Catalano stated these are licensed professionals who would not
jeopardize their license or career. He shared that his tax records on his property were
in fact wrong, and that Ms. Wojcik’s math is correct, but Cook County data is off quite
often.
Ms. Wojcik stated she is disappointed that this is incorrect.
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Sean Connor 916 North Avenue
Mr. Connor asked how close the fence is to the road. Mr. Pontarelli advised he cannot
provide a figure. Board Member Catalano replied it is 10-15 ft. Coordinator Ainsworth
advised there is another 10-15 ft. from the property line to his house in addition to the
driveway edge to the property line. He referred to Pages 39-55 and acknowledged a tree
and a raised curb are already proposed; more plantings and a barrier could be added.
Commissioner Schell concurs that this is a concern.
Mr. Connor asked if there are streetlights. Petitioner stated – yes, but there is a
Photometric Plan provided that complies with the Des Plaines Zoning Ordinance.
Board Member Fowler is in favor of adding conditions due to older drivers nearby.
Coordinator Ainsworth suggested adding a condition where traffic safety devices be
proposed and approved by Public Works.
Chairman Szabo recommended adding speed bumps. Coordinator Ainsworth reminded
the largest fire truck would have to be able to make the turn and Fire Prevention has
approved the circulation pattern on the proposed project.
Mr. Brinkman stated there are options (barriers, bollards, etc.); a timber guard rail or
something more aesthetically pleasing; a barrier that meets City standards and
something a fire truck can pass through.
Mr. Pontarelli asked if a sign could be added (5 mph zone) etc. He noted this would
promote low speeds. Board Member Fowler stated we want to ensure resident safety.
Board Member Hofherr said, on the entrance drive, there is a circle. Would this
interfere with emergency equipment? Coordinator Ainsworth advised the City’s Traffic
Engineer and Fire Prevention Chief has been involved. Mr. Brinkman advised it is not
raised but rather decorative brick that is flush with the rest of the driving surface.
John Thompson 892 Hollywood Avenue
Mr. Thompson stated/asked:
o at last year’s City Council meeting, arborvitae were going to be planted. He
conveyed that mature ones are needed.
o the impact fee and a credit is noted. This impacts the traffic study. There is not
an abundance of activities. This credit may need to be amended.
o he is concerned about pollution. Mr. Pontarelli stated there are pollutants on
the property.
o what is being cleaned up? He referred a remediation clearance.
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o last year, the Board agreed to the 62-and-over age requirement and non-
invasive lighting. The City Council meeting omitted these items. He noted, at
one point, Director McMahon denied this…..then the items reappeared. Mr.
Thompson wants to be sure the issues are contained in this approval.
Mr. Pontarelli responded:
o a no-further remediation letter is available to view. A reputable engineering
firm, Environmental Service LLC (from Chicago), is handling this in tandem with
IEPA standards.
o lighting requirements meet code; lights are shielded. Amendments could be
made.
o (with the assistance of the traffic engineer) a traffic study is based on national
data. These are not commercial parks being proposed, but rather amenity
spaces for the apartment building residents. Traffic counts are based on
residential use and the number of units proposed.
Board Member Catalano shared there are 28 arborvitae along the abutting property line
and 10 arborvitae elsewhere on the property. Chairman Szabo stated modern arborvitae
should be purchased (so they don’t split). Mr. Pontarelli will advise the landscape team
of same.
Mr. Pontarelli displayed samples of the stone base and upper brick. A different (similar) color
may be used.
Mr. Thompson returned stating the neighbors want to know what is on the property.
The arborvitae would provide privacy in 15-20 years. He suggests that the City hires a
Traffic Engineer.
Ms. Wojcik returned asking when the beginning and ending dates are. Mr. Pontarelli
stated the start date is slated for spring of 2020, and the ending date is 14-16 months
after that. He noted demolition has been done.
Mr. Pontarelli replied the property was a gear-stamping facility with a dumpster of oil
that leaked. There are no chemicals or tanks. He could provide the related document.
Ms. Wojcik asked when things would be finalized if financing isn’t approved.
Coordinator Ainsworth stated within 1 year of final approval, a building permit must be
issued, and work must begin within 6 months. Director McMahon expounded.
Extensions may be requested and honored. If the work stops after 6 months of
obtaining the building permit, Applicant is in danger of losing approvals.
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A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend
approval to City Council along with Staff’s 5 Conditions and a 6th Condition to enact a traffic barrier
around the NE corner of 916 North Avenue with City Engineering’s approval.
AYES: Catalano, Hofherr, Fowler, Saletnik, & Szabo
NAYES: Schell
***MOTION CARRIES 5-1 ***
Coordinator Ainsworth advised this case would be presented to City Council at the November
18, 2019 meeting.
At 8:01 p.m., Chairman Szabo called a recess. The meeting resumed at 8: 13 p.m.
2. Address: Citywide Case 19-068-TA
The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des
Plaines Zoning Code, as amended: (i) Section 12-7-3.K. to omit “Medical Cannabis Dispensing
Organization” from the C-2 and C-4 districts and adding “Cannabis Dispensing Organization” as a
conditional use to the C-3 and C-4 zoning district with certain restrictions; (ii) Section 12-7-4.G.
to omit “Medical Cannabis Cultivation Center” as a permitted use in the M-2 zoning district,
omit “Medical Cannabis Dispensing Organization” as a conditional use in the M-1 and M-2
zoning districts, and to add the following land uses as a conditional use in the M-2 district:
“Cannabis Cultivation Center”, “Cannabis Dispending Organization”, “Cannabis Craft Growing
Facility”, “Cannabis Processing Facility” and “Cannabis Infusing Center”; (iii) Sections 12-8-13
and Section 12-8-14, to omit the regulations for Medical Cannabis Dispensing Organizations and
Medical Cannabis Dispensing Organizations and to create a new section entitled, “Cannabis
Business Enterprises” with additional regulations; (iv) to add off street parking regulations for
Cannabis Business Establishments to Section 12-9-7; and (v) Section 12-13-3, Definitions, to add
the following definitions: “Cannabis Business Establishment”, “Cannabis Cultivation Center”,
“Cannabis Dispending Organization”, “Cannabis Craft Growing Facility”, “Cannabis Processing
Facility” and “Cannabis Infusing Center” amending the definition of “Alternative Tobacco
Establishments”, and omitting the definitions of “Medical Cannabis Cultivation Center” and
“Medical Cannabis Dispensing Organization”.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
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Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Coordinator Ainsworth provided background information. He stated Staff received direction
from City Council to allow these uses with conditions. A proposed Text Amendment was read
and explained. Highlights are:
Definitions
Proposed Land-Use Regulations (will be a Conditional Use)
State Restrictions on Cultivation Centers
Proposed Business Operations’ Regulations
Proposed Parking Regulations
Coordinator Ainsworth advised medical marijuana language has been altered to cannabis due to
the new State Statute.
The Staff Report is as follows:
Issue: The City of Des Plaines is requesting Text Amendments to the following sections of the
1998 Des Plaines Zoning Code, as amended: (i) Section 12-7-3.K. to omit “Medical Cannabis
Dispensing Organization” from the C-2 and C-4 districts and adding “Cannabis Dispensary” as a
conditional use to the C-3 and C-4 zoning district with certain restrictions; (ii) Section 12-7-4.G. to
omit “Medical Cannabis Cultivation Center” as a permitted use in the M-2 zoning district, omit
“Medical Cannabis Dispensing Organization” as a conditional use in the M-1 and M-2 zoning
districts, and to add the following land uses as a conditional use in the M-2 district: “Cannabis
Cultivation Center”, “Cannabis Dispensary”, “Cannabis Craft Grower”, “Cannabis Processor” and
“Cannabis Infuser”; (iii) Sections 12-8-13 and Section 12-8-14, to omit the regulations for Medical
Cannabis Dispensing Organizations and Medical Cannabis Dispensing Organizations and to create
a new section entitled, Cannabis Business Establishments with additional regulations; (iv) to add
off street parking regulations for Cannabis Business Establishments to Section 12-9-7; and (v)
Section 12-13-3, Definitions, to add the following definitions: “Cannabis Business Establishment”,
“Cannabis Cultivation Center”, “Cannabis Dispensary”, “Cannabis Craft Grower”, “Cannabis
Processor” and “Cannabis Infuser” amending the definition of “Alternative Tobacco
Establishments” to update references to Cannabis Business Establishments, and omitting the
definitions of “Medical Cannabis Cultivation Center” and “Medical Cannabis Dispensing
Organization”.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #19-68-TA
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Project Description: The City of Des Plaines is proposing several text amendments to
the Des Plaines Zoning Ordinance, which are as follows:
Omitting “Medical Cannabis Dispensing Organization” from
the C-2 and C-4 districts;
Adding “Cannabis Dispensary” as a conditional use to the C-
3 and C-4 zoning districts with certain restrictions;
Add the following uses to the M-2 zoning district as
conditional uses:
o “Cannabis Cultivation Center”,
o “Cannabis Dispensary”,
o “Cannabis Craft Grower”,
o “Cannabis Processor” and
o “Cannabis Infuser”;
To omit Section 12-8-13 “Medical Cannabis Dispensing
Organizations”;
To omit Section 12-8-14 “Medical Cannabis Cultivation
Center”;
To add a new Section 12-8-13 entitled, “Cannabis Business
Establishments” with new regulations;
To add off street parking regulations for Cannabis Business
Establishments to Section 12-9-7; and
To add, omit, or amend the following definitions to Section
12-13-3:
o Amending “Alternative Tobacco Establishments”,
o Omitting “Medical Cannabis Cultivation Center”,
o Omitting “Medical Cannabis Dispensing Organization”,
o Add “Cannabis Business Establishment”,
o Add “Cannabis Cultivation Center”,
o Add “Cannabis Dispensary”,
o Add “Cannabis Craft Grower”,
o Add “Cannabis Processor”, and
o Add “Cannabis Infuser”.
Updating the Land Use Regulations for Cannabis Business Establishments
The Cannabis Regulation and Tax Act, (Public Act 101-0027) will allow the establishment and
operation of various classes of cannabis business establishments serving the adult-use
(recreational) cannabis market starting on January 1, 2020, subject to local zoning approval and
regulation. Although Illinois’ medical cannabis program, established in 2013 pursuant to the
Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) will remain in place,
it is expected that no new cultivation centers or dispensaries will be established solely to cater to
the medical market. As there are no medical cannabis facilities currently operating in Des Plaines,
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City staff recommends consolidating the zoning definitions of “Cannabis Cultivation Center” and
“Cannabis Dispensary” to incorporate facilities that will serve both medical and adult-use
customers. The Cannabis Regulation and Tax Act provides for the licensure of five distinct classes
of cannabis business establishments, each representing a separate component of the cannabis
supply chain (see Attachment #2 for more information on these business establishments in
relationship to the new State legislation). City staff recommends that the Zoning Ordinance
regulate these business establishments. The proposed land-use additions, omissions, and
regulations for cannabis business establishments are identified below.
Omit/Add to Section 12-7-3.K. as follows:
Notes:
19. No cannabis business establishment shall be located within 1,500 feet from
any other cannabis business establishment; provided however, that this minimum
distance requirement shall not apply to cannabis business establishments that co-
locate within the same building unit and are under the same common ownership.
Omit/Add to Section 12-7-4.G. as follows:
Uses M-1 M-2 M-3
Medical Cannabis
Dispensing Organizations
C C
Medical Cannabis
Cultivation Center P
Cannabis Cultivation
Center C5, 6
Uses C-1 C-2 C-3 C-4 C-5 C-6
C-7
Medical Cannabis
Dispensing Organizations
C C
Cannabis Dispensary C19 C19
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Cannabis Dispensary C5
Cannabis Craft Grower C5
Cannabis Processor C5
Cannabis Infuser C5
Notes:
5. No cannabis business establishment shall be located within 1,500 feet from
any other cannabis business establishment; provided however, that this minimum
distance requirement shall not apply to cannabis business establishments that co-
locate within the same building unit and are under the same common ownership.
6. Any cannabis cultivation center may not be located less than 2,500 feet
away from existing public or private pre-schools, elementary or secondary schools,
day care centers, day care homes, group day care homes, part day child care
facilities or any parcel zoned for residential use. This minimum distance shall be
measured from property line to property line of applicable uses and zoning districts.
Cannabis business establishments, including cultivation centers, craft growers, dispensaries,
infusers, and processors (collectively, “CBEs”) will only be allowed as conditional uses. Every
business seeking to open a CBE within the City of Des Plaines will be required to undergo a
public hearing before the Planning and Zoning Board and obtain approval from the Des Plaines
City Council. This will ensure that the potential impacts of each proposed CBE are thoroughly
vetted including traffic generation, facility size and any other secondary impacts. Moreover,
staff is recommending the City take a regulation found in Cannabis Regulation and Tax Act
one step further by implementing a 1,500 foot separation requirement between any class of
cannabis business establishment to any other cannabis business establishment.1 For
example, a cannabis dispensary that is established within the City of Des Plaines will have to
be 1,500 feet away from any cannabis cultivation center, cannabis dispensary, cannabis craft
grower, cannabis processor, or cannabis infuser. This will reduce any potential cluster effect
from such land uses and will assist with managing the quantity of such establishment within
the City of Des Plaines. However, a cannabis business establishment owner may be able to
1 The Cannabis Regulation and Tax Act only requires a 1,500 foot minimum separation between dispensaries, not
other classes of CBEs. Municipalities are authorized by the CRTA to enact stricter distance/separation
requirements.
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operate a combination of uses within the same physical building unit, as permitted by State
Statute. Each cannabis use identified under a cannabis business establishment owner desires
to operate would require a public hearing and City Council approval.
Finally, in reference to Note #6 under the Manufacturing Use Matrix, the amended
Compassionate Use of Medical Cannabis Program Act, cannabis cultivation centers are still
required to be no less than 2,500 feet from various sensitive uses (e.g. schools, day care
centers). Attachment #1 is a map of Des Plaines depicting these protected sensitive uses with
the 2,500 foot buffer overlaid to demonstrate what portions of the City could accommodate
a cannabis cultivation center.
Introducing Additional Regulations for Cannabis Business Establishments
Des Plaines Zoning Ordinance Sections 12-8-13 and 12-8-14 currently set forth specific
regulations for medical cannabis dispensing organizations and medical cannabis cultivation
centers. Since these two land uses are being integrated into the new definitions of “Cannabis
Dispensary” and “Cannabis Cultivation Center” respectively, Sections 12-8-13 and 12-8-14 are
being omitted. However, a new Section 12-8-13 entitled, “Cannabis Business Establishments”
will be introduced with new regulations that cover signage, lighting, and operational
regulations. These regulations will supplement the operational regulations for CBEs in the
Cannabis Regulation and Tax Act. The proposed amendments are as follows:
Omit Section 12-8-13 and 12-8-14 as follows:
12-8-13: MEDICAL CANNABIS DISPENSING ORGANIZATIONS:
In the districts where medical cannabis dispensing organizations require a conditional
use permit, such facilities must meet the following requirements:
A. Signage:
1. Signage for medical cannabis dispensing organizations shall be limited to
one flat wall sign not to exceed ten (10) square feet in area, and one
identification sign, which may include only the name and address of the
dispensing organization and may not exceed two (2) square feet in area;
such signs may not be directly illuminated. Exterior signs on the dispensing
organization's building may not obstruct any building entrances or windows.
Mandatory signage required by state or federal law will be permitted
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notwithstanding the requirements of this subsection A or any provision of
chapter 11 of this title.
2. Electronic message boards and temporary signs are not permitted in
connection with a dispensing organization.
3. Signage may not contain cannabis imagery such as cannabis leaves, plants,
smoke, paraphernalia, or cartoonish imagery oriented toward youth, or any
language referencing cannabis, marijuana, or other common colloquial
terms for cannabis.
B. Parking Location; Screening: All off street parking for medical cannabis
dispensing organizations must be located in an area which is visible from a
public right of way or a private road that is accessible to the public. Off street
parking for dispensing organizations may not be screened from the public right
of way or private road with vegetation, fencing or other visual obstructions.
C. Lighting: Parking lot lighting must comply with the requirements of subsection
12-9-6G and section 12-12-10 of this title. (Ord. Z-7-14, 5-5-2014)
12-8-14: MEDICAL CANNABIS CULTIVATION CENTER:
Medical cannabis cultivation centers must meet the following requirements:
A. Signage:
1. Signage for medical cannabis cultivation centers shall be limited to one flat
wall sign not to exceed ten (10) square feet in area, and one identification
sign, which may include only the name and address of the cultivation center
and may not exceed two (2) square feet in area; such signs may not be
directly illuminated. Exterior signs on a cultivation center's building may not
obstruct any building entrances or windows. Mandatory signage required by
state or federal law will be permitted notwithstanding the requirements of
this subsection A or chapter 11 of this title.
2. Electronic message boards and temporary signs are not permitted in
connection with a cultivation center.
3. Signage may not contain cannabis imagery such as cannabis leaves, plants,
smoke, paraphernalia, or cartoonish imagery oriented toward youth, or any
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language referencing cannabis, marijuana, or other common colloquial
terms for cannabis.
B. Lighting: Parking lot lighting shall comply with the requirements of subsection
12-9-6G and section 12-12-10 of this title. (Ord. Z-7-14, 5-5-2014)
Add Section 12-8-13 entitled, “Cannabis Business Establishments” as follows:
12-8-13: CANNABIS BUSINESS ESTABLISHMENTS:
A. Signage:
1. Signage for any cannabis business establishment shall be limited to one flat wall
sign not to exceed fifty (50) square feet in area or the maximum allowable sign
area as calculated in chapter 11 of this title, whichever is less, and one
identification sign, which may include only the name and address of the
business and may not exceed two (2) square feet in area; such signs may not be
directly illuminated. Mandatory signage required by state or federal law will be
permitted notwithstanding the requirements of this subsection A or chapter 11
of this title.
2. Electronic message boards and temporary signs, including window signs, are
not permitted in connection with a cannabis business establishment.
3. Signage may not contain cannabis imagery such as cannabis leaves, plants,
smoke, paraphernalia, or cartoonish imagery oriented toward youth, or any
language referencing cannabis, marijuana, or other common colloquial terms
for cannabis.
B. Lighting: Parking lot lighting for all cannabis business establishments must comply
with the requirements of subsection 12-9-6G and section 12-12-10 of this title.
C. Hours of Operation: No cannabis dispensing organization may operate outside the
hours of 10 am to 8 pm, Sunday through Saturday. No sale of cannabis may take
place after 8 pm on any day.
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D. Miscellaneous Operational Regulations:
1. No products containing cannabis may be consumed or sampled on the premises
of any cannabis business establishment, including in any outdoor parking area.
2. Delivery of cannabis products to consumers at any location outside of a licensed
cannabis business establishment is expressly prohibited.
3. Interior lighting, video surveillance, security, and inventory control systems
shall comply with all requirements of the Cannabis Regulation and Tax Act and
the Compassionate Use of Medical Cannabis Program Act, as the same may be
amended from time to time, as well as all state regulations promulgated
pursuant to those Acts.
4. Seismic and sonic detectors shall be installed and maintained on all roofs and
walls that contain a cannabis business establishment.
5. All odors generated by cannabis business establishments must comply with
chapter 12 of this title. Each conditional use issued for a cannabis business
establishment shall provide the Director of Community and Economic
Development with the authority to make periodic inspections of the premises
to determine if additional odor mitigation measures shall be required to ensure
compliance with chapter 12 of this title.
Introducing Parking Regulations for Cannabis Business Establishments
Cannabis business establishments are still a relatively new land use and the parking standards for
such uses may be more intense than the typical retail, office and manufacturing uses. As such,
staff is recommending the following parking regulations for the five new land uses.
Cannabis Business
Establishments:
Cannabis Craft Grower 1 space for every 1,000 square feet of gross floor area for growing,
curing and packaging purposes, plus one space for every 250 square feet
of gross floor area dedicated to office uses, plus one space for every
1,000 square feet of gross floor area dedicated to ancillary uses
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Cannabis Cultivation
Center
1 space for every 1,000 square feet of gross floor area for growing,
curing and packaging purposes, plus one space for every 250 square feet
of gross floor area dedicated to office uses, plus one space for every
1,000 square feet of gross floor area dedicated to ancillary uses
Cannabis Dispensary 1 space for every 200 square feet of gross floor area with public access
plus one space for every 250 square feet of gross floor area dedicated to
office uses, plus one space for every 1,500 square feet of gross floor
area dedicated to ancillary uses
Cannabis Infuser 1 space for every 1,000 square feet of gross floor area for infusing and
packaging purposes, plus one space for every 250 square feet of gross
floor area dedicated to office uses, plus one space for every 1,000
square feet of gross floor area dedicated to ancillary uses
Cannabis Processor 1 space for every 1,000 square feet of gross floor area for processing
and packaging purposes, plus one space for every 250 square feet of
gross floor area dedicated to office uses, plus one space for every 1,000
square feet of gross floor area dedicated to ancillary uses
Since a future cannabis business establishment may seek to incorporate a mix of the above-
mentioned uses, the applicant will have to comply with the parking regulations for each activity.
All uses area paired with a slightly higher parking standard as compared to retail establishments
and industrial uses as a mechanism to ensure that there are no parking impacts to surrounding
properties.
Introducing Definitions for Cannabis Business Establishments
To assist with regulating and enforcing the land use ordinances on such businesses, it is imperative
to include specific definitions for each class of CBE in the Des Plaines Zoning Ordinance. As such,
there are proposed land use definitions and omissions identified below that will help regulate
these uses and assist with enforcing the Des Plaines Zoning Ordinance.
Amend one definition in Section 12-13-3 as follows:
ALTERNATIVE TOBACCO ESTABLISHMENTS: An establishment, the principal use or purpose of
which is for the retail sales of electronic cigarettes, nicotine and non-nicotine vapor related
items, nicotine salts, non-cannabis fragrances, vape machines/pens, and liquid nicotine/e-juice.
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In terms of primary use, the majority of the floor area of the use and/or sales of all
aforementioned items shall constitute this use. "Alternative tobacco establishments" do not
include any use otherwise listed specifically in a zoning district as a permitted or conditional use.
This definition does not include the uses of any cannabis business establishment medical
cannabis cultivation center and medical cannabis dispensing organization. This use shall follow
the off-street parking regulation for a retail establishment.
Omit certain definitions in Section 12-13-3 as follows:
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that
is registered by the Illinois department of agriculture to perform necessary activities to provide
only registered medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or
business that is registered by the Illinois department of financial and professional regulation to
acquire medical cannabis from a registered cultivation center for the purpose of dispensing
cannabis, paraphernalia, or related supplies and educational materials to registered qualifying
patients.
Add certain definitions in Section 12-13-3 as follows:
CANNABIS BUSINESS ESTABLISHMENT: An establishment that operates as either a cannabis
craft grower, cannabis cultivation center, cannabis dispensary, cannabis inf user, cannabis
processor or a combination of two or more of the aforementioned uses.
CANNABIS CRAFT GROWER: A facility licensed by the Illinois Department of Agriculture to
cultivate, dry, cure and package cannabis and perform other similar activities to make cannabis
available for sale at an authorized cannabis dispensary or use by a cannabis processor. The
maximum allowable size of a cannabis craft grower shall comply with the Illinois Cannabis
Regulation and Tax Act.
CANNABIS CULTIVATION CENTER: A facility licensed by the Illinois Department of Agriculture to
cultivate, process, transport, and perform other similar activities to provide cannabis and
cannibals-infused products to cannabis business establishments.
CANNABIS DISPENSARY: A facility licensed by the Illinois Department of Financial and
Professional Regulation that will acquire cannabis from an authorized cannabis cultivation
center, cannabis craft grower, cannabis processor or other cannabis dispensaries for the
purpose of selling or dispensing cannabis or other related authorized products as permitted by
the Illinois Cannabis Regulation and Tax Act or the Illinois Compassionate Use of the Medical
Cannabis Program Act. This land use definition shall include registered medical cannabis
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dispensing organizations that are defined under the Compassionate Use of Medical Cannabis
Pilot Program Act.
CANNABIS INFUSER: A facility licensed by the Illinois Department of Agriculture to directly
incorporate cannabis or cannabis concentrate into a product formulation to create a cannabis-
infused product.
CANNABIS PROCESSOR: A facility licensed by the Illinois Department of Agriculture to extract
constituent chemicals or compounds to produce cannabis concentrate or incorporates cannabis
or cannabis concentrate into a product formulation to create a cannabis product.
Standards for Zoning Ordinance Text Amendment:
To analyze this text amendment request, the standards for amendments contained in Section 12-
3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of
the comprehensive plan, as adopted and amended from time to time by the city council;
The new 2019 Comprehensive Plan generally discusses the modernization of code to match
emerging land use trends, but still respect existing land uses. The overarching goal of this text
amendment application is to regulate an emerging land use in a responsible manner that will
be consistent with the goals, objectives and policies of the 2019 Comprehensive Plan. All land
uses being introduced are all classified as conditional uses to ensure that all cannabis related
land uses are thoroughly vetted through a public hearing process.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
The proposed text amendments contain specific regulations such as separation distances from
other cannabis-based businesses to assist with compatibility with existing development.
Additionally, all cannabis-based businesses will be conditional uses to ensure that the proposed
use will be as compatible with the current conditions of the existing development as possible.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
All proposed amendments are not anticipated to impact public facilities and available services.
Additionally, all cannabis-based businesses will go through a rigorous application and
monitoring process through various State of Illinois departments.
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4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
Cannabis-based businesses is a relatively new land use trend and there is no definitive evidence
that suggest such businesses will have an adverse effect on property values. Further, several
conditions and regulations will be in place to ensure that such businesses will not impact
neighboring property values.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendments do reflect responsible standards for development and growth
as several mechanisms are being introduced to allow cannabis-based businesses in certain
areas of Des Plaines and to ensure compliance with applicable codes, regulations and laws at
various levels of government. Requiring all cannabis-based businesses to go through a
conditional use process will ensure that any potential land use is vetting through the public
hearing process and approved by the Des Plaines City Council.
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments identified in this staff report to the 1998 Des Plaines
Zoning Ordinance.
Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7.D.3 of the Zoning Ordinance,
the Planning and Zoning Board may vote to recommend approval, approval with modifications,
or disapproval. The City Council has final authority over the Text Amendments.
Chairman Szabo inquired about signage. Coordinator Ainsworth advised the name, address, and
phone number will be displayed. A leaf or paraphernalia, etc. will not be allowed. He referred to
Point #3 under Proposed Business Operations’ Regulations and mentioned that the general
signage language is the same since the original medical marijuana text amendment introduced
about five years ago.
Board Member Schell asked how Des Plaines compares to other communities (more or less
restrictive). Attorney Weiss stated all municipalities have to decide these issues. The locations
are to be decided by the PZB, per City Council. He explained specifics about other municipalities
and the City’s proposed text amendment is in the middle when comparing other municipalities.
Chairman Szabo asked if there is a benefit tax. Attorney Weiss stated this would be taxed at
40%; most of that tax would go to the State. A City municipality can add up to 3% in addition.
Board Member Schell asked why the dispensary is broader than the cultivation centers. Attorney
Weiss stated the cultivation centers are agricultural or industrial warehouses; in rural areas,
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over 14,000 sq. ft. in size, etc. He does not believe these would be housed in Des Plaines. These
facilities are heavily regulated. Perfect temperature and air quality must be maintained.
Discussion took place on products that could be produced.
Board Member Fowler stated she is concerned about capping the number of dispensaries in Des
Plaines along with being concerned about schools, etc. Attorney Weiss explained qualities and
quantities. There may be 55 in total and incrementally added. By 2022, less than 500 licenses
will be issued in Illinois. With zoning limitations, these will not be close to each other. Colorado
has 903 licenses. He reasoned that Illinois has a larger population. Examples were given about
the downtown districts. The PZB could impose a distance requirement from schools.
Attorney Weiss provided information about entry into dispensaries (through a vestibule), must
present a State I.D., are buzzed in, one must be 21 years of age and older, one meets with a
sales consultant; cannabis is obtain from a locked vault, etc.
Board Member Fowler reiterated she doesn’t believe a dispensary should be near schools.
Coordinator Ainsworth reminded a Conditional Use will be required for every single cannabis
business establishment within Des Plaines – a public hearing will be required as well as City
Council approval. Regulations are kept uniformed. Director McMahon advised distances were
considered, and 1500 ft. was decided upon. Attorney Weiss stated if 2500 ft. is recommended
for dispensaries, they would be nearly banned (gun shops were referenced). He shared
information about other communities – Northbrook’s rule is 100-250 ft., Glencoe is 250-500 ft.,
etc.
Coordinator Ainsworth reminded the PZB could recommend additional language and those
additions will be considered by the City Council.
Director McMahon reminded vape shops had no buffer regulations in the Zoning Ordinance
initially.
Board Member Hofherr asked:
about tax revenues. Attorney Weiss advised Des Plaines would receive up to 5% if it
chooses. He shared that the City of Chicago expects $15 million in revenues.
if this is allowed, would we need more police officers, etc.? Des Plaines has income
from the casino. Attorney Weiss reminded this direction came from City Council. The
request is not if the PZB agrees but rather how to initiate this.
Board Member Saletnik asked:
if there is a law against this. Attorney Weiss stated some states are allowing medical
marijuana and recreational marijuana. This cannot be distributed across state lines. He
explained the various state legalizations.
and Attorney Weis explained that CBD is not regulated by the Illinois State Statute.
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Board Member Fowler shared she believed it’s a good idea for Des Plaines to consider a buffer
around sensitive uses; location is key regarding students.
Coordinator Ainsworth illustrated a map regarding the Statue Statute and a 2,500 buffer around
sensitive uses for cultivate centers and explained same. Board Member Schell stated he would
like to have Staff create a map of dispensaries. Director McMahon stated distances would have
to be established first. Coordinator Ainsworth offered examples of omissions on the zoning
map.
Director McMahon advised 500 ft. is more reasonable than 1200 ft. Attorney Weiss advised the
statute gives municipalities a lot of discretion.
Board Member Schell stated he believes that residents would not like to see cannabis in their
sight. Coordinator Ainsworth advised the public was invited to come to the public hearing
tonight. He reminded the PZB is invited to the November 18, 2019 City Council meeting where
this matter will be discussed next.
Chairman Szabo asked if items other than cannabis could be sold. Attorney Weiss stated that
paraphernalia (pipes) could be sold. He noted the State tracks these items. Windows in
dispensaries must be opaque, and the police can inspect video surveillance at any time. Security
cameras are in place.
Board Member Hofherr asked and Director McMahon responded that the Police Chief
expressed concern over the proposed State Statute.
Chairman Szabo stated 100 ft. is too close to sensitive facilities, schools, churches, day cares,
etc. Director McMahon asked if the PZB is stating that 500 ft. is acceptable except for sensitive
areas. Some Commissioners concurred.
Board Member Hofherr asked if there would be a certain number in Des Plaines. Coordinator
Ainsworth reminded there is no cap but rather distance. A short discussion took place on day
care homes.
A motion was made by Board Member Catalano, seconded by Board Member Fowler, to recommend
approval with a Condition that no cannabis businesses be permitted within 500 feet of public and
private schools, day care centers, churches, synagogues, temples, meeting houses, mosques, and other
places of worship.
AYES: Catalano, Fowler, Saletnik, & Szabo
NAYES: Hofherr, Schell
***MOTION CARRIED 4-2***
ADJOURNMENT
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The next PZB meeting will take place on November 12, 2019.
A motion was made by Board Member Catalano, seconded by Board Member Fowler, to adjourn the
meeting at 9:16 p.m.
AYES: Catalano, Fowler, Hofherr, Saletnik, Schell, & Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners