Planning and Zoning Commission — Naperville, IL
Date: 2020-07-15

400 S. Eagle Street
 City of Naperville Naperville, IL 60540



 Meeting Agenda

 Planning and Zoning Commission

Wednesday, July 15, 2020 7:00 PM Held on Zoom due to COVID-19




A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. PUBLIC HEARINGS:
 20-797 Conduct the public hearing to consider a major change to the Naperville
 Crossings PUD to allow for deviations to permit a drive-through on Building
 7 Lot 16 - PZC 20-1-044

 20-743 Conduct the public hearing to consider sign variances for wall signs
 proposed for Target (PZC 19-1-105) located at 1951 W. Jefferson Avenue.

 20-802 Remove PZC 20-1-043 from the July 15th, 2020, PZC agenda

 20-798 Conduct the public hearing to consider a variance from Section 6-16-10 for
 the subject property located at 311 E. Ogden (Bill’s Car Wash) - PZC
 20-1-046

 20-784 Conduct the public hearing regarding proposed amendments to various
 sections of Title 6 (Zoning Ordinance) regarding Cannabis Facilities.

E. REPORTS AND RECOMMENDATIONS:
 20-795 Approve the minutes of the June 17, 2020 Planning and Zoning
 Commission meeting

F. OLD BUSINESS:

G. NEW BUSINESS:

H. ADJOURNMENT:




City of Naperville Page 1 Printed on 7/10/2020

400 S. Eagle Street
 City of Naperville Naperville, IL 60540



 Meeting Minutes

 Planning and Zoning Commission


Wednesday, July 15, 2020 7:00 PM Held on Zoom due to COVID-19


A. CALL TO ORDER:

B. ROLL CALL:
 Present 9- Manas Athanikar, Krishna Bansal, Brett Fessler, Bruce Hanson, Anthony Losurdo,
 Bill Habel, Oriana Van Someren, Whitney Robbins, and Andrew Margulies

C. PUBLIC FORUM:

D. PUBLIC HEARINGS:

 Conduct the public hearing to consider a major change to the Naperville Crossings PUD
 to allow for deviations to permit a drive-through on Building 7 Lot 16 - PZC 20-1-044
 Gabrielle Mattingly, Planning Services Team, provided an overview of the
 request.


 Tim Goyette and Jared Gagliardo presented as the petitioners for the case.


 Commissioner Losurdo and Commissioner Athanikar raised concern for
 approving a stacking space variance without identification of the tenant and
 asked if they had a data to support the number of stacking spaces. Tim Goyette
 spoke to marketability of the site and the lease requirements. Chairman
 Hanson questioned the timing of the variance. Mr. Goyette stated a variance
 requirement is a barrier when searching for tenants.


 Public Testimony: None


 Commissioner Bansal stated the current pandemic identifies a drive through as
 being more of a necessity and is therefore in support of the case.


 A motion was made by Commissioner Losurdo, seconded by Commissioner
 Fessler to close the public hearing.


 Aye: Athanikar, Robbins, Fessler, Bansal, Losurdo, Margulies, Habel, Van
 Someren, Hanson




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Planning and Zoning Commission Meeting Minutes July 15, 2020

 A motion was made by Chairman Hanson, seconded by Commissioner Losurdo to
 adopt the findings of fact as presented by the petitioner and approve PZC
 20-1-044, a major change to the Naperville Crossings PUD to allow for deviations
 to permit a drive-through on building 7, lot 16 for the subject property located at
 2736 Showplace Drive.

 Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and
 Margulies

 Conduct the public hearing to consider sign variances for wall signs proposed for Target
 (PZC 19-1-105) located at 1951 W. Jefferson Avenue.
 Scott Williams, Planning Services Team, an overview of the request.


 Kevin Nowak presented as the petitioner for the case.


 Chairman Hanson asked if the building would be painted. Kevin Nowak responded
 the building would be repainted.


 Public Testimony: None


 A motion was made by Commissioner Bansal, seconded by Commissioner Fessler to
 close the public hearing.


 Aye: Athanikar, Robbins, Fessler, Bansal, Losurdo, Margulies, Habel, Van Someren,
 Hanson


 A motion was made by Commissioner Habel, seconded by Chairman Hanson to
 adopt the findings of fact as presented by the petitioner an approved PZC
 19-1-105, sign variances to exceed the maximum allowable of 300sf for the north,
 south, and west elevations for the subject property located at 1951 W. Jefferson
 Avenue (Target).

 Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and
 Margulies

 Remove PZC 20-1-043 from the July 15th, 2020, PZC agenda

 Conduct the public hearing to consider a variance from Section 6-16-10 for the subject
 property located at 311 E. Ogden (Bill’s Car Wash) - PZC 20-1-046
 Gabrielle Mattingly, Planning Services Team, provided an overview of the request.


 Karen Dodge presented as the petitioner for the case.


 Commissioner Losurdo asked staff if alternative sign locations were looked into by
 staff or by the petitioner. Staff responded alternative locations were not
 researched, but staff would be willing to work with the petitioner.


 Public Testimony: None


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 A motion was made by Commissioner Losurdo, seconded by Commissioner Fessler
 to close the public hearing.


 Aye: Athanikar, Robbins, Fessler, Bansal, Losurdo, Margulies, Habel, Van Someren,
 Hanson


 Chairman Hanson is not in support of the variance request finding the petitioner
 did not take advantage of the opportunity to work with City staff on alternative
 locations nor to investigate how the Grant Program might work. Commissioner
 Bansal concurs and would have liked to see other options.


 Commissioner Margulies, Commissioner Robbins, Commissioner Van Someren and
 Commissioner Athanikar state there is a hardship on the property finding there are
 no alternative locations to place the sign.


 A motion was made by Commissioner Fessler, seconded by Commissioner
 Losurdo to adopt the findings of fact as presented by the petitioner and approve
 PZC 20-1-046, a variance from Section 6-16-10 to allow changes to the existing
 nonconforming pole sign for the subject property located at 311 E. Ogden
 Avenue.

 Aye: 7- Athanikar, Fessler, Losurdo, Habel, Van Someren, Robbins, and Margulies

 Nay: 2- Bansal, and Hanson


 Conduct the public hearing regarding proposed amendments to various sections of Title
 6 (Zoning Ordinance) regarding Cannabis Facilities.
 Allison Laff, Deputy Director of TED, gave a presentation on the Cannabis
 Facilities Text Amendment.


 The Commission asked several questions to staff including: The Commission’s
 role on the text amendment, requiring a conditional use, distance separation
 requirements including increasing the distance separation from residential
 properties to 500’ and the effects on the increase, geographical dispersion of
 the dispensaries, the cap to the number of permits, other municipalities
 separation requirements, parking requirements and enforcement, and the
 potential square footage of the cannabis businesses.


 Public Testimony:


 Gabrielle Mattingly, Planning Services Team, read written comments which
 were submitted into the record.


 Kenn Miller requested conditional uses be required, revise and limit the
 number of zoning districts which will allow the cannabis uses, and 1,000-foot

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 distance requirements for residential.


 James R. Kreamer requested conditional uses be required, 1000-foot distance
 requirements for residential, and requirement of state and local licenses.


 Jim Haselhorst felt the requests being discussed had already been properly
 vetted by City Council and during the workshop and is therefore, in support of
 the amendment as proposed recommending map option 1.


 Becky Rudolph requested 1,000 distance separation distance from schools and
 requested a more detailed map.


 Jennifer Taylor requested conditional uses be required, a 1,000-distance
 separation from residential areas and schools, and distance separations to
 apply to daycare, preschool and learning centers.


 Kamala Martinez requested conditional uses be required, revise and limit the
 number of zoning districts which will allow the cannabis uses, and
 1,000-distance separation for schools.


 The Commission discussed hours of operation, additional security measures,
 and how issues on site would be regulated. Laff responded these items would
 be regulated by the State and the City would have authority over some exterior
 issues including parking and traffic issues, lighting or other performance
 issues, and crime. The Commission inquired if regulations could be put into
 place for hours of operation and further discussed requiring a conditional use.
 Laff responded the hope is to provide regulations in the code which are
 restrictive enough to eliminate any concerns while permitting the use by right
 and stated staff would look into the ability of restricting hours of operation.
 The Commission discussed requiring a traffic plan to alleviate traffic concerns.


 Commissioner Bansal and Chairman Hanson requested a 500’ separation map
 and that a conditional use be required. Commissioner Bansal requested a more
 restrictive number of zoning districts which allow the use, traffic control
 regulations, and requested the amendments be made and be brought back to
 the PZC for review. Commissioner Fessler and Commissioner Robbins felt the
 current text amendment has been vetted by the community and by City Council
 and did not find a revised version needed to be sent back to the Commission.


 Chairman Hanson asked the Commission if they would be in favor of a
 conditional use. The majority did not find a conditional use should be required.


 Chairman Hanson asked the Commission if they would be in favor of


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 restrictions on lines extending off-site or if they had any issues with the
 proposed number of parking spaces. The majority did not find restrictions on
 lines should be created and did not have any issues with the proposed number
 of parking spaces.


 Chairman Hanson inquired if the Commission had any issues with the distance
 separation from the cannabis stores. The majority did not have any issues with
 the distance separations which are already provided by the state.


 Chairman Hanson discussed limiting hours of operations. Commissioner
 Losurdo suggested the hours be limited to 8 am - 6 pm, weekend 8 am - 4 pm.
 Laff noted the CRTA rules may not be able to be modified. Commissioner
 Robbins noted 9 am - 7 pm hours of operation, 7 days a week seems to be
 consistent with existing facilities in Illinois. The majority of the Commission
 agreed with limiting the hours of operation.


 Chairman Hanson discussed requiring a traffic control plan be submitted for
 the review and approval by City staff. The majority of the Commission agreed
 with the requirement. Chairman Hanson discussed the residential separation
 requirement and the majority of the Commission were in support of the 250’
 separation.


 A motion was made by Commissioner Fessler, seconded by Commissioner
 Habel to close the public hearing.


 Aye: Athanikar, Robbins, Fessler, Bansal, Losurdo, Margulies, Habel, Van
 Someren, Hanson


 A motion was made by Commissioner Habel, seconded by Commissioner
 Robbins to approve PZC 20-1-053, proposed amendments to various sections of
 Title 6 (Zoning Ordinance) regarding Cannabis Facilities, specifically including a
 250’ separation distance between residentially zoned properties and any
 Cannabis Dispensing Organization, requiring submittal of traffic control plan
 requirements, and limiting the hours of operation from 9 am – 7 pm.



 A motion of substitution was made by Chairman Hanson, seconded by
 Commissioner Bansal to deny PZC 20-1-053, proposed amendments to various
 sections of Title 6 (Zoning Ordinance) regarding Cannabis Facilities, specifically
 including a 250’ separation distance between residentially zoned properties and
 any Cannabis Dispensing Organization, requiring submittal of traffic control plan
 requirements, and limiting the hours of operation from 9 am – 7 pm.



 Aye: Bansal, Hanson
 Nay: Athanikar, Fessler, Habel, Losurdo, Margulies, Robbins, Van Someren



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Planning and Zoning Commission Meeting Minutes July 15, 2020

 Motion in substitution fails. Commission votes on original motion.

 Aye: 7- Athanikar, Fessler, Losurdo, Habel, Van Someren, Robbins, and Margulies

 Nay: 2- Bansal, and Hanson

E. REPORTS AND RECOMMENDATIONS:

 Approve the minutes of the June 17, 2020 Planning and Zoning Commission meeting

 A motion was made by Chairman Bansal, seconded by Commissioner Losurdo to
 approve minutes of the June 17, 2020 PZC minutes.

 Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and
 Margulies

F. OLD BUSINESS:

G. NEW BUSINESS:

H. ADJOURNMENT:

 9:59 pm
 A motion was made by Chairman Hanson, seconded by Commissioner Fessler to
 adjourn the meeting.

 Aye: 9- Athanikar, Bansal, Fessler, Hanson, Losurdo, Habel, Van Someren, Robbins, and
 Margulies




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