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Minutes - 09/16/2019 -Plan Commission0 3. Cl 5. VILLAGE OF MINUTES OF THE SEPTEMBER 16, 2019 OAK B R9K�. REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 20, 2020 CALL TO ORDER: CALLTO ORDER The 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 7:07 p.m. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Rahma Hasan and Kenneth Wilczak (arrived at 7:07) ABSENT: Members Richard DiBernardo, Raju Iyer and Raj Lal IN ATTENDANCE: Development Services Director Tony Budzikowski, Police Chief James Kruger, Village Attorney Michael Castaldo, Jr., Planner Rebecca Von Drasek and Planning Technician Gail Polanek APPROVAL OF MINUTES: REGULAR PLAN COMMISSION MEETING OF AUGUST 19.2019 Motion by Member Doyle, seconded by Member Hasan to waive the reading of the minutes and to approve the minutes of the August 19, 2019 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS A. VILLAGE OF OAK BROOK — PROHIBIT RECREATIONAL CANNABIS - BASED BUSINESSES — TEXT AMENDMENT Chairwoman Tropinski announced the petition request for a text amendment to prohibit recreational cannabis based businesses in the Village of Oak Brook. Director Budzikowski explained that the request was a Village Board initiated text amendment to the Village's Zoning Ordinance to prohibit cannabis -based business VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 4 September 16, 2019 ROLLCALL MINUTES AUGUST 2019 UNFINISHED BUSINESS 19, NEW BUSINESS VOB - PROHIBIT RECREATIONAL CANNABIS -BASED BUSINESSES - TA establishments in the Village of Oak Brook. He noted that when Governor Pritzker signs the bill it would become effective on January 1, 2020 and the State of Illinois would allow for the lawful use and sale of recreational cannabis by adults. The proposed law allows local governments to "opt -out" by prohibiting or significantly limiting businesses in their jurisdiction. This would include the authority to opt out of either commercial production or distribution (dispensaries) of adult -use cannabis within their jurisdiction. Cannabis -based businesses include, but are not limited to dispensaries, cultivation centers, craft growers, processing organizations, transportation organizations and cannabis lounges. The proposed text amendment is based upon the model ordinance that the Illinois Municipal League (IML) has published for local municipalities and included in the case file. The supplemental factors asked to be considered were based upon data from the Illinois Law Enforcement Legislative Coalition and were the result of data collected in Colorado dating back to 2013 when cannabis was first legalized in that state. Specific definitions of Cannabis Business Establishments were outlined in the case file. Added to the list were adult -use cannabis lounges, establishments where people can buy and consume cannabis in a social setting and venues where customers can consume cannabis. The proposed zoning districts affected by the text amendment to prohibit cannabis - based businesses would include all non-residential zoning classifications including Business Districts, Institutional Districts and Office -Research -Assembly Districts. Chief Kruger stated he has been an opponent of the recreational cannabis bill and was deeply concerned about the way the law was written. Although the law limits the amount of cannabis that can be purchased at one time, but does not prohibit a person from buying from several dispensaries in one day and at this time do not have a way to regulate it. There is no police field test to determine if there is cannabis in a person's bloodstream. Additionally, the acceptable amount in one's bloodstream as defined by the law is one of the highest in the country. THC from cannabis can stay in a person's bloodstream for several days and has the potential for limited impairment during that time. Along with traffic safety concerns, there is also a potential for increased crime surrounding the "cash only" businesses. Law enforcement colleagues from other states where cannabis is legal had similar concerns, provided information regarding other issues, and included in the case file. The Village cannot prohibit private possession or consumption of cannabis. However, they can decide whether or not to allow recreational cannabis based businesses in the community. He strongly opposed any type of cannabis -based facility in Oak Brook. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 4 September 16, 2019 Member Doyle questioned if a group of people using cannabis in hotel meeting rooms or condominium recreation rooms would fall into the prohibited category. Chief Kruger replied that the state statute prohibits cannabis use in public places. The concern would be smoke transmitting to another backyard or balcony and where there may be persons under 21. The statute also addresses the possibility of the use becoming a nuisance to an adjoining property. Member Hasan asked if there was a test to detect cannabis use. She also wanted to know if information regarding the new law would be incorporated into the current D.A.R.E. program at schools. Chief Kruger replied there are developments in a test to detect THC in saliva. However, it does not detect the amount of THC. The only way to detect the amount would require a police officer to take a suspect to the hospital for a blood test. The officer would be taken off the street for at least two hours to test the THC level. He stated that the D.A.R.E. program would continue to address the dangers cannabis. Member Wilczak asked if the statute would treat cannabis smoking the same as is does cigarette smoking in public places. Chief Kruger responded that it would fall under the Illinois Clean Air Act. Chairwoman Tropinski asked if staff had received any calls regarding the text amendment. Director Budzikowski responded that to his knowledge, no calls were received. Chairwoman Tropinski noted that the case file was comprehensive and the Staff Report on pages 10-10.c provided an analysis of the request. The proposed text is subject to the zoning amendment factors that the applicant submitted in writing on pages D and D.1 of the case file. The applicant satisfactorily addressed the factors to recommend approval of the proposed text amendment. Motion by Chairwoman Tropinski, seconded by Member Wilczak to recommend approval of the proposed text amendment to prohibit recreational cannabis -based business establishments and to add a new Section 13-3-18 to the Zoning Ordinance. The section would include new definitions and provisions to prohibit recreational cannabis -based business establishments in all non-residential zoning classifications in accordance with the draft ordinance on Page 9 and 9.a of the case file, subject to the addition of text to "prohibit adult -use cannabis lounges" following the review of Staff and the Village Attorney. ROLL CALL VOTE: Ayes: 4 — Members Doyle, Hasan, Wilczak and Chairwoman Tropinski Nays: 0 — Absent 3 — Members DiBemardo, Iyer and Lal. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 4 September 16, 2019 _T�:) 6. OTHER BUSINESS OTHER BUSINESS 7 9 There was no other business to discuss. PUBLIC COMMENT There was no public comment. ADJOURNMENT: Motion by Member Doyle, seconded by Member Hasan to adjourn the meeting at 7:26 p.m. VOICE VOTE: Motion carried. ATTEST I Tonyudz' OwSJi Development Services Director Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 4 September 16, 2019 PUBLIC COMMENTS rXn11r][INFAL'"