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HomeMy Public PortalAbout2014-06-03 PC minutes VILLAGE OF PLAINFIELD June 3 , 2014 Chairman Sobkoviak called the Plan Commission meeting t o order at 7:0 2 p.m. and led the pledge to the flag . ROLL CALL Commissioners Seggebruch, O’Rourke, Renzi , Kiefer, Heinen , Green, and Chairman Sobkoviak and the Fire District were present . T h e Park, School, and Library Districts were absent. APPROVAL O F MINUTES : The Plan Commission minutes from May 20 , 2014 w ere accepted as presented . PUBLIC COMMENTS: There was no response. D EVELOPMENT REPORT Mr. Proulx stated the Village Board did not support the Triangle Shoppes at Route 59 and Main Street ; the V illage Board approved the zoning request for Witte Property (f/k/a Weinhold Farm); and the Rod Baker Ford expansion was tabled. OLD BUSINESS None NEW BUSINESS Case No. 1654 -050814.SU Living Faith Assembly of God Church Mr. Proulx stated this is a public hearing indicating the appropriate notices has been published and posted in accordance with all state statutes and local ordinances. The applicant is requesting a special use permit to hold church services in the Riverwalk Industrial mixed use building lo cated west of Route 59 south of 143 rd Street. Mr. Proulx reviewed the existing tenants as being a manufacturing printing business, an electronics design and repair business, garment manufacturing business and an existing church that was recently approved; described the adjacent land uses with an office and light industrial building to the east, the Martin Commercial Center which is a multi -tenant office building to the northeast, another church to the north, the railroad tracks and the waste water treatmen t plant to the south, and to the north is light industrial with stormwater detention to the immediate north . Mr. Proulx reviewed the findings of fact. With regard to a) staff finds that the proposed church use would be compatible both with the other uses in the building and would not have any impacts that would extend beyond the building. Mr. Proulx stated there is extensive parking. With regard to b) Staff feels that the presence of the church assembly would not detract from the potential for developme nt of the remaining vacant land, such as the remaining portion of the Martin Commercial Center or redevelopment of existing properties with other uses that would be permitted in the area. Staff believes that the findings of fact have been demonstrated to recommend approval, noting that there is an existing assembly use that has been approved at this location previously and existing religious assembly uses in the immediate vicinity. Staff is seeking a favorable recommendation subject to any discussion of t he Plan Commission and public comments. Chairman Sobkoviak swore in Pastor Joseph Darkwa . Pastor Darkwa stated the Living Faith of God is assembled with Assembly of God USA. The main objective of the church is to bring the young people together and work with young couples that are splitting apart; young family orientation. Michael P. Collins VILLAGE P RESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Paul Fay Bill Lamb Garrett M. Peck James Racich Dan Rippy Plan Commission Minutes June 3 , 2014 Page 2 of 6 Chairman Sobkoviak asked for public comments. There was no response. Chairman Sobkoviak swore in Andy Polipka. Mr. Polipka presented an aerial of the site showing the parking areas. Commissioner O’Rourke asked if the parking shown is existing and is stripped spaces; asked the number of parking spaces required by code. Mr. Polipka replied in the affirmative. Mr. Proulx replied 1 parking space for every 4 seats of the assembly. Cha irman Sobkoviak asked for the size of the congregation. Pastor Darkwa stated the congregation is between 30 to 40 parishioners but some do not have vehicles. Mr. Proulx stated the previously approved church has a meeting assembly of 30 with their parking requirement of 7 or 8 spaces . Commissioner O’Rourke asked if there were any other uses that would impact the parking. Mr. Proulx indicated Staff did not anticipate any impact due to the times the church would be utilizing the parking spaces. Commissio ner Renzi asked about the vision for growth of the church; Pastor Darkwa stated when the demand becomes so great they will have to relocate; thought this location could accommodate about 60 to 100 parishioners. Commissioner Green asked about the impact to traffic on Route 59 if both churches were at capacity and let out services at the same time. Mr. Proulx thought the impact would be on the egress flow on Riverwalk Court which would be a self -imposed hardship. Commissioner Renzi asked if the special use would be for the life of the church. Mr. Proulx stated the special use requires a vesting and they will need to obtain a building permit and occupancy; once their rights are vested the special use remains in effect provided there is not a discontinuation of 6 months or more of the use ; if their congregation grows too large, they would be asked to amend their special use as we are evaluating the use as proposed at this time. Commissioner Renzi asked about the statement that the church would not detract f or potential development. Mr. Proulx described the opportunities for additional development in the area; Staff feels the uses in this mixed use industrial building really have no bearing on the future development on the adjacent area. Commissioner Kiefer asked if the church would be using the space during the week. Pastor Darkwa stated they will hold Sunday morning services; meeting on Fridays in the evening and there will be some midnight services. Commissioner Heinen expressed concern for the uses pro posed in the industrial corridor; the industrial buildings are cheaper and easier to construct; likes the fact the church is coming to Plainfield; but does not support this type of use in these types of buildings. Chairman Sobkoviak stated the owners o f the buildings want to lease their space. Commissioner Seggebruch asked the amount of vacancy remaining in this building. Mr. Polipka stated they have 10,000 sq. ft. still vacant; there has been q uite a bit of turnover; stated he would not be bringing a ny more churches to this location. Commissioner O’Rourke expressed concern wit h the parking; asked Staff to verify the parking. Commissioner Renzi stated schools used to be temporary homes for churches ; agrees this is a way to avoid vacancies. Commissio ner Green indicated churches make good neighbors; helps fill vacancies; and felt this was a complimentary use if the remaining portions of the building remain commercial or industrial; felt the church traffic would be mostly on the weekend or Sunday and di d not think this would be a problem. Commissioner Kiefer felt this application could not be denied as the last church was permitted. Plan Commission Minutes June 3 , 2014 Page 3 of 6 Commissioner O’Rourke asked if the parking should be made a condition. Commissioner Seggebruch suggested from the aer ial it appears the south lot should be seal coated and re -striped. A third stipulation was added that Staff will verify that adequate parking is available and the number presented by the petitioner is valid . C ommissioner Renzi made a motion to recommend approval of the special use for religious assembly for Living Faith Assembly of God Church at 24119 W. Riverwalk Ct., Unit 137, subject to the two (2) stipulations in staff’s report and the added third stipulation : 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District 3. Staff will verify that adequate parking is available and the number presented by the petitioner is valid . Seconded by Commissioner Kiefer . Vote by roll call: O ’Rourke, yes; Seggebruch, yes; Green, yes; Heinen, No; Kiefer, yes; Renzi, yes; Sobkoviak, yes. Motion carried 6 -1 . Case No. 16 53 -050214.TA Cannabis Cultivation & Dispensing Text Amendment Mr. Proulx stated this village originated text amendment request and as such public notice was published. Mr. Proulx stated the text amendment is proposed to allow the Village an opportunity to regulate medicinal marijuana cultivation and dispensing pursuant to the passage by the State of Illinois of the Compassionate Use of Medicinal Cannabis Pilot Program Act (CUMCPPA). This four -year pilot program is the culmination of approximately 10 years of collaboration between lawmakers, physicians, and chronically ill patients to establish a framework for legal use of marijua na as a medical treatment of approved chronic illnesses, such as cancer, glaucoma, and multiple sclerosis. The Act provides for up to 21 regulated cannabis cultivation centers, with one cultivation center per State Police district. The Act provides for u p to 60 regulated cannabis dispensaries, to be geographically distributed throughout the state. P atients must be certified as eligible by their Illinois -licensed physician. The house bill allows for limited regulation by the municipalities . The Compass ionate Use of Medical Cannabis Pilot Program Act requires municipalities to allow for cultivation centers and dispensing operations in at least one zoning district. Communities may not prohibit these uses completely. The Act itself establishes some standar ds, including minimum separation requirements from sensitive land uses, as summarized below: Cultivation Centers m ust be at least 2,500 feet from the property line of any existing school, day care center, and group home or residentially zoned property. Dispensing Operations m ust be at least 1,000 feet from the property line of any existing school, day care center, or group home ; are p rohibited in residential zoning districts and prohibited as a home -based business (cannot be located in a house, apartmen t, condominium, etc.); and m ay not share office space with a physician or refer patients to a physician. Staff is proposing that Cultivation Centers be allowed as special uses in the I -1 and I -2 zoning districts, and that Dispensaries be allowed as spec ial uses in the I -1, I -2 and B -3 zoning districts. The proposed zoning code amendments are attached in redline format and are summarized as follows: • Cultivation centers and dispensaries are added to the “Permitted Use Matrix” and identified as special use s in the I -1 and I -2 zoning districts and B -3 district (dispensaries only). • Standards are provided in the B -3, I -1 and I -2 zoning districts to comply with the CUMCPPA. • Definitions are added for Cultivation Centers, Dispensing Operations, and the CUMCPPA. Plan Commission Minutes June 3 , 2014 Page 4 of 6 Mr. Proulx stated we have received interest from parties who would like to propose either a cultivation center or dispensary. The state is still in the process of finalizing their process and we anticipate it will be finalized in the coming months. Sta ff anticipates it will be very competitive and believes it is appropriate to address these uses in the zoning code to provide for their proper regulation and give direction to interested parties. Chairman Sobkoviak asked for public comments. There was no response. Commissioner Kiefer stated Illinois is the strictest state that are going to allow medical marijuana; indicated he was pleased that Plainfield is trying to take control now instead of waiting for applicants to start pouring in. Chairman Sobkov iak stated the Village can regulate the cultivation centers and dispensaries but can not ban these activities. Discussion was held by the Commissioners. Commissioners asked the following questions: 1) If there were other businesses that the state has codifie d that the Village prevents; 2) I f there is any federal prohibition against the use of cannabis ; 3) If the Village work s on an ordinance for cannabis are we are going against Federal Law; 4) Is this what we want our community to become; 5) Should the Village go along with certain state legislators or stand with the Federal government; 6) If the Food and Drug Administration regulates medicines why does a special law need to be passed to make this legal if it is truly a medicine; 7) Is it better to have an ordinance in place or do you want to wait until an application comes in and make up the rules at that point ; 8) If the Village does nothing and a petitioner comes forward are we in a worse position than if we control our own destiny; 9) If in staff’s opinion it would be detrimen tal to an applicant seeking to gain state approval because one of the things required is local zoning compliance; 10) If any application could be voted down; 11) Is it necessary to add B -3 district; 12) The f ederal government has chosen not to enforce the laws; if the re were a change and the Federal government choses to enforce the laws – what is the risk to Plainfield regarding federal funding; 13) Do we have any feedback from the Village Board? Mr. Proulx stated it was not unanimous. 14) Has the Fire department or police d epartment expressed any opinions? Chairman Sobkoviak said the village does not allow adult book stores and worked diligently on an ordinance to regulate mobile homes in Plainfield. The police department was present at the committee of the whole when this was discussed. Comments by Commissioners: 1) We are looking at a medical exemption and by state law it is very restricted as to who would be able to receive or use . 2) This would not be an illegal drug user . 3) Mr. Proulx stated the village’s attorney is looking drafting a memo to address the legal aspect. 4) We are setting procedure only, the applicant would still have to apply and meet the requirements. 5) Likes that the Village is looking at the procedure and how it will impact the communit y . 6) Defer to the village a ttorney to see the correct course of action. 7) The requirement of a special use will automatically trigger a public hearing. 8) The special use could be in any district as long as it meets the distance test. 9) If the village sets an ordinance that is not as restr ictive as the other communities, the petitioner will focus on that and come to Plainfield, therefore Plainfield should be as restrictive as the surrounding communities. Plan Commission Minutes June 3 , 2014 Page 5 of 6 10) If the village has a special use for B -3, and the applicant wants a drive -thru or ancil lary materials they plan to sell then the village can say yes or no; the village may receive sales tax from other communities on this regional business. 11) If the village cannot preclude the use then it would be beneficial to be out in front so and we could modify the districts to include I -1 and I -2 only. One commissioner felt the Commission should not put an ordinance into effect; felt the village should not condone the usage . Some commissioners felt it was better to have an ordinance in place to set the requirements as to where this usage could be permitted. Several commissioners indicated they would not support B -3. Mr. Proulx stated Staff has an analysis; 1) did not think we can be more restrictive than the state’s statute; 2) we have been given the opportunity to enact some reasonable local regulations such as limitation on hours of operation, days of the week, identifying requirements for lighting or security, and limitations on signage. In the attorney’s memo we can clarify or identify the sta tute that would be applicable. Some communities in the area have addressed this issue, City of Naperville and Lockport have passed ordinances for industrial districts comparable to our I -1 and I -2 and there are examples of local communities that have tak en up the issue and approved. Naperville’s included a limitation that retail sales cannot exceed more than the floor area. Staff’s recommendation is through the special use process that gives us the ability to impose any stipulations. Mr. Proulx indic ated this would be a regional use and an industrial building might not have sufficient parking; the state’s permitting process will be extremely rigorous on the requirements of the building; the cultivation centers will be indoors not farm fields so there will not be any odor from the cultivation center. Staff thought the dispensaries could be in a multi -tenant building but not shared space with another business . The attorney’s memo will address many of these questions. Mr. Proulx indicated for the culti vation center the tax would be 1.5% and the state would collect some revenue and some of that would come back to the local ; for a dispensary there would be the equivalent of prescription medicine tax (it would not be a sales tax) but there would be the pot ential that some of that would benefit the local municipality. Commissioner Seggebruch mentioned there was another business in Plainfield, the state law changed and the business could not find another location in Plainfield that would fit the law and they moved to another community. Chairman Renzi made a motion to approve of the proposed text amendment to the Village of Plainfield Zoning Ordinance to establish regulations for medical cannabis cultivation and dispensing as outlined in the staff report wi th the Plan Commissions recommendation to remove the B -3 zoning district . 1. Compliance with the requirements of the Village engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. Commissioner Heinen seconded the motion. Vote by roll call: Green, no; Kiefer, yes; Seggebruch, yes; O’Rourke, yes; Heinen, yes; Renzi, yes; Sobkoviak, yes. Motion carried 6 -1. D ISCUSSION Commissioner Heinen mentioned he was disappointed with the outcome of the Village Board meeting held June 2 nd ; the applicant spent a lot of time and money and the commission spent a lot of time going through the Dunkin Donuts application to vet out a lot of the issues; suggested the applicant should go to the Board first to get a sense to see if this is an accep table use or their vision is accepted by the board and then come to the Plan Commission to work out the details. Several commissioners felt the Board needs to give the Commission more direction so we are not going one way while the Board is going another. Commissioner Kiefer mentioned the development south of Meijer’s , stated he felt the Commission had thoroughly reviewed the flooding issues, Baxter and Woodman was present and when the case went to the Board it seemed like the conversations did not take p lac e. Commissioner Renzi mentioned the apartment complex at 143 rd and Route 30 which was also dismissed as well. Commissioner Seggebruch feels it has been extremely frustrating the past few months. Several of the Village Board members were previously Pl an Commissioners. Commissioner Heinen asked if this was the correct process, do we encourage applicants to come and talk to the trustees before coming to the Plan Commission. Mr. Proulx mentioned there have Plan Commission Minutes June 3 , 2014 Page 6 of 6 been a number of different ways we have tried t o tackle this issue, we had a development committee with 2 or 3 of the trustees who would meet with applicants; and then we recommended going through the concept plan first before the applicants spend large amounts of money. Some of these cases were recom mended to go through concept plan first but the applicant wanted to go forward. Chairman Sobkoviak said sometimes the trustees are influenced by the residents . Commissioner O’Rourke mentioned he has always deferred to Staff. Commissioners feel there is a lack of communication between the Village Board and the Plan Commission. Mr. Proulx mentioned Staff could pass on a request for a joint meeting with the Village Board. Meeting Adjourned at 8:40 p.m. Respectfully submitted by _________________________ Merrilee Trotz Recording Secretary