Loading...
Minutes - 11/17/2014 - Plan CommissionMINUTES OF THE NOVEMBER 17, 2014 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 16, 2015 1. CALL TO ORDER: The Regular Meeting of the Plan Commission was called to order by Chairwoman Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Raju Iyer, Naveen Jain, Raj Lal and Kenneth Wilczak ABSENT: Member Simon Sheers IN ATTENDANCE: Director of Community Development Robert Kallien Jr., and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: REGULAR MEETING OF THE PLAN COMMISSION OF OCTOBER 20 2014 Motion by Member Iyer, seconded by Member Lal to approve the minutes of the October 20, 2014 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — CANNABIS DISPENSARIES AND RELATED FACILITIES — REVIEW AND DISCUSSION Director of Community Development Kallien provided an overview of the request. The issue is something mandated by the State of Illinois and how that would impact the decisions made by Oak Brook. After reading the entire law, it appears to be an extremely regulated issue. It is regulated by the State of Illinois, involving multiple state agencies, including the Departments of Agriculture, Finance and Public Health. The doctors who prescribe this for their patients have additional license requirements beyond that of a medical doctor. The applicants who want to pursue a facility must go through multiple hoops to address many agencies and concerns and they are extremely regulated. Finally, the very sick people that have to use the product are using it because nothing else works and are in dire circumstances and situations and they are personally regulated and must carry a card indicating that VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 5 November 17, 2014 CALL TO ORDER ROLL CALL la",4lirr UNFINISHED BUSINESS VOB — TEXT AMENDMENT — CANNABIS DISPENSARIES and RELATED FACILITIES they are authorized to use the product. There is a significant level of regulation on how it would operate. The Commission previously discussed potential locations for a facility. He spoke with his counter -part in Lombard and they originally considered allowing the use in a couple of secluded places, however after discussions regarding the dire circumstances of the people that need this product, there needs to be a certain level of compassion given, which is part of the title. They thought that allowing it in an office district allowed them to maintain their dignity and make it not noticeable to the public. The regulations for home occupations is very similar, where things may be going on inside, but as long as it is not advertised, no one really knows, because it doesn't draw traffic, there is no signage, etc. The suggestion to the B -3 District still stands, offering a number of different venues, including offices and strip shopping centers. Someone could perhaps obtain a license from the State; however, the likelihood is very low. The State of Illinois has only currently authorized 60 licenses in the entire state. Only two of those can be in DuPage County. Downers Grove, Villa Park, Lombard are already reviewing applications for a specific dispensary in their towns. If two were approved, there would be no other opportunities available in DuPage County. However, we would have regulations on the books that might potentially never be used. Just because it would be in the Village Code, it would need to be approved by the State, which is very difficult to obtain. Member Iyer confirmed that it would be the B -3 District, excluding the Graue Mill Historic District. He also questioned the previous discussion that would limit the use to a single story building. Member Jain questioned what was the negative side of the where the use was located. Director of Community Development Kallien responded that in his personal opinion, it was perception because some people think the drug could be abused. When you read the state's requirements, if that were to happen, the applicant who holds the license would lose it because the state would revoke it and the doctor would probably lose his license. There is a high level of accounting required. By restricting it, two a one level buildings, restricts it to one or two properties in the district and is that what the Village really wants to do. The properties located directly west of the Walgreens are office buildings that can contain office spaces of 1,000 square feet or less. There could be a doctor's office, chiropractor, or other sorts of medical things going on, and if this should occur, there are many other state regulations that must be met in terms of safety and protection, etc. and no one would know that it was located there, except for those that need it. Member Iyer questioned that the use could be in an office building. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 5 November 17, 2014 Director of Community Development Kallien responded that the B -3 District has and allows office buildings and retail as permitted uses and this fits from a use category. If this is determined that it could be in the District does not mean that someone would be successful in actually obtaining an actual license. Member Iyer noted that with only 2 out of 60 licenses being approved for DuPage County and a couple of towns are already evaluating applications they are already done. Member Lal added that it was his understanding that Naperville had already gone through the process. Director of Community Development Kallien noted that Naperville allows it in several districts. Some are allowed by right with just the need of negotiating a lease and other places it is allowed as a special use. Member Wilczak said that he had concerns of allowing it in anything other than a standalone building. A doctor cannot be in the same building as a dispensary according to the Act. His concern was looking to the future, where some states have gone from medical use to a recreational use and the most likely places would be where dispensaries are approved. His concern was that of a security issue. If it were in a stand -alone building, it would be protected. Director of Community Development Kallien said that he did not disagree with those comments. He noted that the police department had not weighed in this because we have not had any history anywhere in Illinois. They have not had the opportunity to say what controls they would like to see in place. We also need to trust the safeguards that are in place. If some of the other communities actually succeed in getting a dispensary and they run into problems, the state would probably provide additional regulations and then the municipalities would probably do the same. At that time, we could amend our regulations to take into account any circumstances that we cannot envision at this point. Member Doyle questioned whether a problem would be created by limiting the area where a dispensary can be located. Director of Community Development Kallien responded that several other municipalities have less, but as long as there an area is provided for an opportunity, it is up to the applicant to work out an arrangement with the municipality. There will only be 2 dispensaries allowed within the 40 municipalities located in DuPage County. In some places it may be a logical place to locate it and not in others. State law says that you cannot discriminate against it. The Village would to put something in the Code so that we cannot be deemed discriminatory. Member Doyle questioned whether there was any wisdom in making mention that the security for the premises must be reviewed by the Police Department. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 5 November 17, 2014 Director of Community Development Kallien agreed that it could be included in the recommendation that could also include safety and traffic. The state will regulate the hours of operation. As long as it is reasonable, conditions can be added as a potential standard. Director of Community Development Kallien thanked Dr. Lal for the points and guidance made at the last meeting, since this comes down to more of a medical issue rather than a land use issue. Member Lal said that many concerns raised can be addressed by including the language in the case file on page 6.c., item 6. "Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting, or other improvements as needed or at the request of the City, to ensure the safety of employees and customers of the medical cannabis cultivation center and dispensing organizations. Said improvements may be required by the City in excess of those security measures required by the Act." Director of Community Development Kallien agreed that these should be included in a recommendation from the Plan Commission. When the Zoning Board holds the official public hearing it would be included as part of the recommendation to the Village Board. Chairwoman Tropinski said that at this point a motion would be in order to draft the motion points made. Motion by Member Jain, seconded by Member Iyer to recommend approval of a text amendment related to cannabis dispensaries and related facilities following its review and discussion, subject to the following conditions: 1. Allow as a special use in the B -3 District excluding any property located in the Historic Graue Mill Gateway Area. 2. At time of application, a security plan is to be reviewed by the Police Department. 3. Include the following requirements: Petitioner shall install building enhancements, such as security cameras, lighting, or other improvements, as needed or at the request of the Village, to ensure the safety of employees and customers of the medical cannabis dispensing organization. Said improvements may be required by the Village in excess of those security measures required by the Act. ROLL CALL VOTE: Ayes: 6 — Members Doyle, Iyer, Jain, Lal, Wilczak and Chairwoman Tropinski Absent: 1 — Member Sheers Nays: 0 — Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 5 November 17, 2014 5. NEW BUSINESS There was no new business to discuss. 6. OTHER BUSINESS Director of Community Development Kallien reviewed possible upcoming cases. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Iyer, seconded by Member Doyle to adjourn the meeting at 7:29 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 5 November 17, 2014 NEW BUSINESS OTHER BUSINESS ADJOURNMENT