HomeMy WebLinkAboutPacket - 10/28/2019 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in
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AGENDA
SPECIAL CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, October 28, 2019, 7:00 p.m.
1. Call to Order.
2. Roll Call.
3. Pledge of Allegiance.
4. Public Comments: Any member of the public wishing to address the Council is invited to do so by
signing in at the meeting entrance and, when recognized, stepping to the podium.
5. Motion to approve or deny a Conditional Use Permit for the construction and operation of a
medicinal cannabis dispensary at 408 S Illinois Route 31
6. Motion to grant the RISE Up Foundation 1) use of Petersen park to setup, host, and cleanup
for the Splash Pad benefit concert from Friday, June 19, through Saturday, June 20, 2) special
event liquor license for the sale of beer, wine, and malt liquor with drink ticket sales to cease
30-minutes prior to park closure, 3) a 50% reduction of the charges for city services incurred
as a result of this event.
7. Adjourn.
NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located
in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please
call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can
be made.
Posted: October 25, 2019
By: Monte Johnson, Deputy Clerk
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
AGENDA SUPPLEMENT
TO: Mayor and City Council
FOR: October 28, 2019 Special City Council Meeting
FROM: Douglas Martin, Director of Economic Development
John Birk, Chief of Police
RE: Conditional Use Permit to allow the construction of a medical cannabis
dispensary at 408 S Illinois Route 31
ATT:
1. Unapproved Planning and Zoning Commission Minutes dated October 16, 2019
2. Application Packet
AGENDA ITEM SUMMARY: The subject property is currently zoned C-5 Highway Commercial,
contains a multi-tenant building with Aesthetics Boutique, Meat and Potatoes, Brunch Café and
Salon Te Elle Ce and a vacancy of approximately 3,156 square feet. The applicant is seeking a
conditional use permit to allow the construction of a medical cannabis dispensary at 408 S Illinois
Route 31.
BACKGROUND: On November 19, 2014 a Use Variance to allow the construction of a medical
cannabis dispensary under the Compassionate Use of Medical Cannabis Pilot Program Act was
filed for the property at 620 South Illinois Route 31 Units 6B and 8. The application was
subsequently withdrawn. On May 17, 2017 an application was considered by the Planning and
Zoning Commission for a proposed medical marijuana dispensary at 618 S Illinois Route 31.
Phoenix Farms of Illinois presented a petition to the City Council for a medical cannabis
cultivation center at 1515 Miller Parkway in the McHenry Corporate Center. Phoenix Farms of
Illinois was not issued a cultivation license for 1515 Miller Parkway and Fabrik Industries since
purchased, expanded and is operating out of 1515 Miller Parkway.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
1
City of McHenry Zoning Ordinance Regulations for Medical Cannabis Dispensaries
Amendments to the zoning ordinance pertaining to dispensaries were approved by the City
Council and include dispensaries as conditional uses in the C-5 Highway Commercial District.
Below is a definition and summary of the regulations approved for dispensaries:
MEDICAL CANNABIS DISPENSING ORGANIZATION
A facility operated by an organization or business that is registered by the 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 in accordance with the Compassionate Use of Medical
Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be
amended from time to time.
Q. MEDICAL CANNABIS
• Purpose and Applicability: It is the intent and purpose of this Section to provide
regulations regarding the cultivation and dispensing of medical cannabis occurring within
the corporate limits of the City of McHenry. Such facilities shall comply with all regulations
provided in the Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by
the State of Illinois, effective January 1, 2014, as may be amended from time to time
(hereinafter referred to as the “Act”), as well as those additional regulations provided
below. In the event the Act is amended, the more restrictive of the state or local
regulations shall apply.
• Conditional Use Permit: Medical Cannabis facilities, as defined herein, requiring approval
of a conditional use permit in the respective zoning districts in which they are requested
shall be processed and reviewed in accordance with Article II. Filing Procedures and
Article XIV. Conditional Uses of the City of McHenry Zoning Ordinance and Article III.
General District Regulations Q. Medical Cannabis as provided herein.
• Medical Cannabis Facility Components: In determining compliance with Article XIV.
Conditional Uses the following additional components of the Medical Cannabis Facility
shall be evaluated based on the entirety of the circumstances affecting the particular
property in the context of the existing and intended future use of the properties:
a. Impact of the proposed facility on existing or planned uses located within the vicinity
of the subject property.
b. Proposed structure in which the facility will be located, including co-tenancy and
building code compliance.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
2
• 5. Medical Cannabis Dispensing Organization: In those zoning districts in which a Medical
Cannabis Dispensing Organization may be located, the proposed facility must comply with
the following regulations:
a. Facility may not be located within 1,000 feet of the property line of a pre-existing public
or private nursery school, preschool, primary or secondary school, day care center, day
care home or residential care home. Learning centers and vocation/trade centers shall
not be classified as a public or private school for purposes of this section.
b. Facility may not be located in a building or structure which is also utilized as a dwelling
unit or on a property which contains a building or structure which is utilized as a
residential dwelling.
c. For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as “Other Retail and Personal Service” in accordance with
Article VII Off-Street Parking & Loading Table 13: Required Parking Spaces for Non-
Residential and Non-Lodging Uses unless the Medical Cannabis Dispensing Organization
is located within a Shopping Center, as defined herein, and in this instance shall comply
with the off-street parking and loading requirements for “Shopping Centers” in
accordance with Article VII Off-Street Parking & Loading Table 13: Required Parking
Spaces for Non-Residential and Non-Lodging Uses.
d. Petitioner/Applicant shall file an affidavit with the City affirming compliance with
Article III. General District Regulations Section Q. Medical Cannabis as provided herein
and all other requirements of the Act.
ANALYSIS: The applicant is required to obtain a conditional use permit to allow a medical
marijuana dispensary at the subject property because the City’s zoning ordinance only permits
dispensaries as conditional uses in the C-5 zoning district.
As part of the application process with the State of Illinois and in accordance with the provisions
of the Act and accompanying administrative rules, Crystal Clear Compassionate Care Inc. is
required to meet several minimum regulations and will be categorically scored based on their
ability to demonstrate how well they address each of the criterion in their application to the
state. The criteria for conditional use permit approval includes traffic; environmental nuisance;
neighborhood character; public service and facilities; public safety and health and other factors.
Staff has concerns with traffic and public safety and health.
The proposed site is currently very heavily utilized by two restaurant uses-particularly in the
morning and during the lunch hour. Parking is sometimes very difficult at this location and with
the proposed use free flow of traffic and optimal internal circulation is very important and
permitting the proposed use jeopardizes this issue. The site does have multiple ingress and
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
3
egress points however the ingress/egress is right-in/right/out to/from the site onto Illinois Route
31. For Council’s reference following are the crash reports taken at the businesses at the site,
leading into the site and adjacent to the site.
Crashes
# Report Number Date Time
1 18-27292 12/26/2018 2321
2 17-26252 12/03/2017 0812
3 17-19508 08/30/2017 1842
4 14-3920 03/11/2014 1420
5 13-10573 07/04/2013 1046
6 13-8797 06/05/2013 1159
7 13-4031 03/13/2016 1715
8 12-15296 09/17/2012 1252
9 12-7927 05/17/2012 1239
10 10-18671 09/27/2010 0754
11 08-19239 12/12/2008 0920
12 08-13046 07/10/2008 1210
Finally, public safety and health is a concern. This is a very busy shopping center, with multiple
uses, points of access, cross access, a drive-thru to the south, access driveway to the east of the
fueling center, access to Knox Drive, Route 31, centers to the south and eventually Bull Valley
Road. Staff believes it’s a very busy center to potentially integrate a use such as the one being
proposed. Internal traffic circulation is challenging and this along with the center not being very
pedestrian-friendly is a public health safety and welfare is a concern when introducing this type
of land use. There are limited sidewalk areas and traffic speed-reduction bumps within the
parking area. Having the proposed use with its own dedicated parking area would be ideal. There
is a lot going on and there is the potential for something dangerous to occur because of all of the
activity within the aforementioned and adjacent centers. People are constantly coming and
going and walking distances from the parking spaces to the building to patronize one or more
uses.
Following are the rescue/fire calls taken at the site, adjacent to the site and leading into the site
and other police calls taken in the same manner referencing the subject property.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
4
Rescue/Fire Calls
# Report Number Date Time
1 18-20867 09/28/2018 1104
2 18-20150 09/19/2018 1954
3 16-23150 11/23/2016 1708
4 15-3826 03/06/2015 1108
5 14-4448 03/18/2014 1213
6 13-8208 05/25/2013 1217
7 13-3247 03/03/2013 1037
8 10-20426 10/23/2010 1250
Other Calls for Service
# Report Number Date Time Call Type
1 19-15316 08/18/2019 1316 Welfare Check
2 18-24349 11/12/2018 0628 Business Alarm
3 18-17624 08/22/2018 0512 Criminal Damage to Property
4 18-15123 07/21/2018 1928 Domestic Dispute
5 18-6998 04/09/2018 0958 Disturbance
6 18-4133 02/28/2018 0818 Harassment Investigation
7 17-26332 12/04/2017 1233 Narcotics Investigation
8 18-1043 01/16/2018 1803 Suspicious Person
9 17-23114 10/17/2018 1852 Criminal Trespass to Property
10 17-20926 09/17/2017 0959 Animal Complaint
11 17-11980 05/31/2017 2045 Criminal Trespass to Vehicle
12 16-11213 06/13/2016 1341 Suspicious Person
13 16-9735 05/24/2016 1307 Animal Complaint
14 16-5981 03/29/2016 0942 Business Alarm
15 16-2060 02/01/2016 0953 Theft Investigation
16 15-17165 09/10/2015 0849 Public Intoxication
17 15-12073 06/28/2015 0851 Citizen Assist
18 15-13310 06/17/2015 1338 Welfare Check
19 14-13068 07/31/2014 0923 Disorderly Conduct
20 14-12225 07/17/2014 0000 Suspicious Vehicle
21 14-2773 02/21/2014 1149 Parking Complaint
22 14-2471 02/16/2014 1229 Citizen Assist
23 13-8589 05/31/2013 2210 Juvenile Mischief
24 12-18882 11/24/2012 1124 Parking Complaint
25 11-2008 02/04/2011 1453 Deceptive Practices
26 08-9314 05/19/2008 2313 Suspicious Vehicle
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
5
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously
recommended approval of a conditional use permit to allow a medical cannabis dispensary on the
property at 408 S Illinois Route 31 subject to the following conditions:
• Facility may not be located within 1,000 feet of the property line of a pre-existing public
or private nursery school, preschool, primary or secondary school, day care center, day
care home or residential care home. Learning centers and vocation/trade centers shall not
be classified as a public or private school for purposes of this section;
• Crystal Clear Compassionate Care shall file an affidavit with the City affirming compliance
with Article III. General District Regulations Section Q. Medical Cannabis as provided
herein and all other requirements of the Act
• Crystal Clear Compassionate Care shall install 24-hour/day 7 days/week real time video
surveillance equipment, to be approved by the City, which covers/encompasses the entire
exterior perimeter of 408 South Illinois Route 31, including the north, south, east and west
sides of the building, common parking area to the south, east and west of 408 South Illinois
Route 31 as well as the ingress/egress to the site. Additionally, equipment encompassing
the interior of the building, common hallway/entrance and entire space of 408 S Illinois
Route 31 shall be installed and all surveillance equipment must be in place, tested and
operational prior to receipt of a certificate of occupancy;
• Crystal Clear Compassionate Care shall maintain on-site security personnel at all times
business is conducted at the subject property; proof of such security shall be provided to
the City prior to receipt of a certificate of occupancy;
• If a conditional use permit is approved there shall be no residential dwelling units permitted
on subject property at any time the dispensary remains in operation;
• A photometric plan must be submitted verifying minimum parking lot lighting
requirements are met. If the regulations are not met, additional/new lighting standards must
be installed in accordance with all City ordinance requirements prior to granting an
occupancy permit for the proposed medical marijuana dispensary;
• For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as “Other Retail and Personal Service” in accordance with
Article VII Off-Street Parking & Loading Table 13: Required Parking Spaces for Non-
Residential and Non-Lodging Uses and the proposed dispensary on subject property shall
comply with said regulation;
• Conditional Use Permit for a dispensary on the subject property shall be null and void if
Crystal Clear Compassionate Care Inc. does not secure a license to operate a medical
marijuana dispensary from the Illinois Department of Financial and Professional
Regulation by December 31, 2020.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
6
Recommendation: Staff does not believe it meets the criteria outlined in Table 31 of the zoning
ordinance and additionally due to the concerns outlined in this report staff recommends
denial of the application for a medical cannabis dispensary at 408 S Illinois Route 31.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
7
City of McHenry
Unapproved Planning and Zoning Commission Minutes
October 16, 2019
Chairman Strach called the October 16, 2019 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty,
Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Absent: None. Also in attendance were City
Attorney Brandy Quance, Director of Economic Development Martin and Economic Development
Coordinator Wolf.
Chairman Strach opened the public portion of the meeting at 7:30 p.m. There was nobody in
attendance who wished to address the Commission with public comment.
Public Hearing: Crystal Clear Compassionate Care Inc.
File No. Z-954
408 S. Route 31
Conditional Use Permit to allow a Medical Cannabis Dispensing Organization
Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-954 an
application for a Conditional Use Permit to allow a Medical Cannabis Dispensing Organization at
the property located at 408 S. Route 31 located in a strip center.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
September 30, 2019. Notices were mailed to all abutting property owners of record as required
by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of
Compliance with notice requirements are on file in the City Clerk’s Office.
In attendance were John and Rosemary Swierk, 3321 S. Route 31, Crystal Lake, IL 60012,
representing RJ Properties, LLC (Architect, Property Owner), Mitch Zaveduk and Twila Ash, 311
N Aberdeen Suite 200A, Chicago, IL 60607, representing Crystal Clear Compassionate Care Inc.
(Applicant), and Attorney Craig Krandel, 407 E. Congress Parkway, Crystal Lake IL 60014.
Attorney Krandel stated the applicant is requesting a conditional use permit for a medical cannabis
dispensary. The applicants are excited to have the opportunity to petition the city for this business.
The medical cannabis dispensary process is a two-part system with state identified metrics and
most of the city’s stated concerns are covered by the state requirements. The dispensaries generate
significant sales tax (from $3-5 million dollars) and a lot of upfront improvements in the $200-
300,000 dollar range. Justice grown is the operational partner with Crystal Clear Compassionate
Care and have operated centers across the United States. John is the architect on the project,
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
8
Rosemary is the building owner. The fact the strip center has full parking shows the success of
the shopping center. Attorney Krandel clarified the applicants meet the C-5 zoning category and
have provided quite a bit of support documentation in response to the staff report including site
design, cameras, support from land owners and tenants – all with no complaints. He stated in regard
to the parking issues raised by staff, the use is treated the same as any other retail use would be in
this space, meaning any other use would also bring additional traffic to the center.
The city’s parking ratios are met even at the peak times when the Brunch Café is open. He further
stated this proposed use has a limit on the number of people in the store and has a 1:1 ratio and
operate with typically no more than 6 employees so a maximum load of 12-13 people at a time,
including employees would be present. There are typically 1-3 patients at a time in the dispensary.
Attorney Krandel stated they acknowledge the many access points but opine this use will not
increase the volume of traffic any more than any other new retailer that would inhabit the center.
Compassionate Care and Justice Grown have not had any incidents at any of their other facilities.
It will be operated as a secure facility with many cameras – referencing a proposed plan with
cameras inside, outside, front and rear and will follow state and local police department
requirements but they do, however, opine requiring security cameras over the entire building may
be too much.
They can provide camera feed directly to the McHenry Police Department if that is requested of
the entire IT security system for emergency purposes. There are HIPAA concerns involved, but
police would have authority in case of any emergency and a driver’s license or state issued photo
id must be provided by patients in order to enter the facility. The applicant is proposing to install
LED lights in front that meet city requirements. Mr. Zaveduk stated the peak operating time is
4:00-7:00 pm for patient visits. They’ve submitted application but it takes 60-90 days for the state
to approve the location.
Director of Economic Development gave the Staff report stating the applicants are requesting a
Conditional Use Permit to allow the construction of a medical cannabis dispensary at 408 S Illinois
Route 31. Director Martin presented a definition and summary of Amendments to the zoning
ordinance pertaining to dispensaries that were considered by the Planning and Zoning Commission
and subsequently approved by the City Council which include dispensaries as conditional uses in
the C-5 Highway Commercial District.
Director Martin stated Staff believes the subject property is ideal in that it’s located on a major
route, however the site currently is very heavily utilized by two restaurant uses-particularly in the
morning and during the lunch hour. Parking can be very difficult at this location and with the
proposed use, parking, and the free flow of traffic is paramount. He also opined public safety and
health is a concern because this is a very busy shopping center, with multiple uses, points of access,
cross access, a drive-thru to the south, access driveway to the east of the fueling center, access to
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
9
Knox Drive, Route 31, centers to the south and eventually Bull Valley Road. Director of
Economic Development Martin stated Staff has some concerns with the proposed request as stated
and is not making a formal recommendation on the petition. Director Martin presented language
recommended to be used if the Planning and Zoning Commission wanted to recommend approval
of the request. Chairman Strach invited questions and/or comments from the Commission.
Commissioner Gurda asked if the dispensary could be opened to the general public in the future,
and if so, would it have to come back to the Planning and Zoning Commission. Attorney Krandel
stated that would require different licensing and they would have to go back to the state for
approval. Chairman Strach affirmed it would then have to be brought back to the Planning and
Zoning Commission.
Commissioner Sobotta asked if there was an immediate intentional thought to convert the medical
dispensary to recreational use. He also asked for a summary of peak business days and times and
where the next closest medical dispensary is located. Mr. Zaveduk replied peak days are Friday,
Saturday and Monday with the busiest hours typically being 4-7pm but that will vary at times
dependent on holidays and by weather. He stated Tuesday and Thursday are usually slower and
they do not have set schedules yet but most other states close the dispensaries on Sundays. Medical
facilities must have consultation and pharmacist on staff.
He reiterated they have not set hours for Illinois yet but other states operate on a schedule with
Mon, Wed, Thurs, Fri. from 10 am-6 pm, Tues 11 am-7 pm, and Sat. 10 am-5 pm, closed Sundays.
Mr. Mitch Zaveduk further stated this dispensary would be the first in McHenry County, with the
next closest being Mundelein, Buffalo Grove, Schaumburg, and Rockford. He clarified that the
original 55 approved medical dispensaries in Illinois will have first rights at opening a recreational
dispensary in the state and this facility obviously is not one of those original 55. In response to
Commissioner Sobotta’s stated concern with parking on Saturdays, Mr. Zaveduk stated they would
be amenable to adjusting their hours to be complementary to the center. Mr. Zaveduk stated they
have a great relationship with the state of Illinois and even hold one of the 21 licenses issued for
cultivation in the state (in Effingham) and operate in multiple states with no problems – meeting
all state requirements.
Commissioner Thacker posed questions regarding armed security, working with the local police
department, frequency and security of deliveries and the number of medical cannabis users in
McHenr y County. Mr. Zaveduk responded stating the business model has armed security but if it
is against any ordinance they would address it as needed and still always work with the local PD.
Mr. Zaveduk stated deliveries always come in sprinter vans with product factory sealed having no
odor, 2-3 times per week. Mr. Zaveduk stated the local PD is typically not informed when
deliveries are being made because deliveries are not significant and are purposely kept quiet and
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
10
low profile, scheduled randomly on as well. Purchases of the products are given in sealed bags
with a receipt attached and required to be left sealed and unopened until the patient arrives home.
He stated if the PD required notification or deemed it necessary, they could be informed of
deliveries. As far as patient’s typical timing tin the dispensaries, Mr. Zaveduk said they are
typically in store an average of 10-20 minutes, with some calling ahead and ordering and just
picking up and leaving all within 5 minutes, still being required to show ID and go through security
to pick up their prescriptions. New patients or someone wanting to speak to the pharmacist may
be there 30 minutes or so. Mr. Zaveduk stated there are approximately 35,000 approved patients
in Illinois but he is unsure if that number is broken down by county to his knowledge, but he could
look into that.
Commissioner Walsh asked about the safety and plans for adding the delivery bay to the front of
the building, directly in the front of the center. Mr. Swierk stated all caution would be used and
bollards will be added. Mr. Zaveduk stated there are 4 points of sale in the facility and there is an
armed security guard in the reception area; if anything happened outside the front door of the
facility McHenry PD would be called. Commissioner Walsh asked whether any educational
seminars would be offered. Mr. Zaveduk stated yes but any held in the facility would only be open
to those with medical cards (qualified public) due to HIPAA rules. He further stated they have
hosted events in communities at a town hall type meeting to educate the public and would be open
to that because their biggest lesson has been making sure to harbor an excellent relationship with
the community and the PD, wishing they could do more!
Commissioner Lehman asked if there were any concerns with vehicles pulling in/out of delivery
bays in the front of the center. Mr. Zaveduk stated safety is a huge concern so they use quick close
doors and deliveries are scheduled randomly and usually during off-hours. They have control over
their deliveries and will not take deliveries during any peak hours and always at staggered times.
Commissioner Doherty asked if Mr. Zaveduk would be at the facility very often and whether or
not there are typically lines of patients outside waiting for the facility to open. Mr. Zaveduk stated
he is the VP of Real Estate and would not be there very often but there will be a dedicated onsite
manager and assistant manager and director of operations for Illinois at the facility quite often. He
does maintain a presence with the municipality for permits or to make responses directly. Mr.
Zaveduk stated patients are not typically lining up outside the doors but can’t say a patient might
not wait outside if they want to be first to get in and out of the facility. He does not expect the
hours to be an issue due to the typical customer patterns.
Chairman Strach restated Mr. Zaveduk’s information that there is a 1:1 ratio of employees and
patients and 4 points of sale in a 3100-3600 sf facility, asking if the applicant has enough space to
be able to add more point of sale positions in the future to increase the number of employees and
patients that will be served, and whether that has been thought about or planned. Mr. Zaveduk
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
11
stated recreational facilities might increase in that manner but they did not choose this facility with
an eye to expand. Mr. Zaveduk further stated only the original 55 medical dispensaries that
obtained licenses in Illinois can seek out a recreational facility in their same area. They are not
one of the original 55 so that possibility is not valid for them or others opening in January. In
response to a question from Chairman Strach as to where Crystal Clear Compassionate Care is in
the process with their application with the state for approval, Mr. Zaveduk stated his best guess is
60-90 days out, but you can never be sure with Springfield and they don’t do a lot of information
sharing with applicants on a regular basis. He stated the State of Illinois already issued 5
recreational licenses so their hope internally is that it won’t be a long drawn out period for approval
on medical facility licenses either.
Chairman Strach opened the floor to questions and comments from the audience.
Mr. William Sicca, 2805 Henzada Ave., McHenry, stated he is in support of a medical marijuana
dispensary and this use is much needed in the area. People, seniors and disabled are travelling
very far to receive this medication that is necessary for quality of life. Mr. Sicca stated he has been
a medical cannabis patient for 3 years and it has saved his life. It’s a hard application process for
most people and access to dispensaries should be made easier for the patients.
Chairman Strach closed the public comment portion of the hearing at 8:35 pm.
Commissioner Thacker asked of Staff and Mr. and Mrs. Swierk if there are any recorded vehicular
or pedestrian incidents in the Brunch Café parking lot as of yet? Mr. and Mrs. Swierk stated the
only incident they are aware of in 12 years is someone ran into a handicap parking sign several
years ago and remarked they have added speed bumps in the lot. They further stated they’ve talked
with all tenants in the strip mall and all are in favor of this use; including the BP Amoco next door.
Commissioner Walsh asked if they use a marketing campaign to notify patients they are open for
business. Mr. Zaveduk stated they use ads and word of mouth for patients who usually are able to
obtain lists of dispensaries available to use from their doctors. He further stated the product
markets itself with no fanfare or banners and is very discreet with no picture signage. All
notifications of all types are patient focused.
Commissioner Sobotta stated he believes his concerns on parking will be worked out based on
what was presented by the applicant, but did stated he believes it might be more welcomed than
anticipated in the County and they should possibly be prepared for more patients due to the need
in the area. He thanked the applicant for choosing to grown in McHenry.
Motion by Lehman seconded by Doherty to recommend to the City Council with regard to File
No. Z-954, approval of a conditional use permit to allow a medical cannabis dispensary on the
property at 408 S Illinois Route 31 subject to the following conditions:
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
12
• Facility may not be located within 1,000 feet of the property line of a pre-existing public
or private nursery school, preschool, primary or secondary school, day care center, day
care home or residential care home. Learning centers and vocation/trade centers shall not
be classified as a public or private school for purposes of this section;
• Crystal Clear Compassionate Care shall file an affidavit with the City affirming compliance
with Article III. General District Regulations Section Q. Medical Cannabis as provided
herein and all other requirements of the Act
• Crystal Clear Compassionate Care shall install 24-hour/day 7 days/week real time video
surveillance equipment, to be approved by the City, which covers/encompasses the entire
exterior perimeter of 408 South Illinois Route 31, including the north, south, east and west
sides of the building, common parking area to the south, east and west of 408 South Illinois
Route 31 as well as the ingress/egress to the site. Additionally, equipment encompassing
the interior of the building, common hallway/entrance and entire space of 408 S Illinois
Route 31 shall be installed and all surveillance equipment must be in place, tested and
operational prior to receipt of a certificate of occupancy;
• Crystal Clear Compassionate Care shall maintain on-site security personnel at all times
business is conducted at the subject property; proof of such security shall be provided to
the City prior to receipt of a certificate of occupancy;
• If a conditional use permit is approved there shall be no residential dwelling units permitted
on subject property at any time the dispensary remains in operation;
• A photometric plan must be submitted verifying minimum parking lot lighting
requirements are met. If the regulations are not met, additional/new lighting standards must
be installed in accordance with all City ordinance requirements prior to granting an
occupancy permit for the proposed medical marijuana dispensary;
• For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as “Other Retail and Personal Service” in accordance with
Article VII Off-Street Parking & Loading Table 13: Required Parking Spaces for Non-
Residential and Non-Lodging Uses and the proposed dispensary on subject property shall
comply with said regulation;
• Conditional Use Permit for a dispensary on the subject property shall be null and void if
Crystal Clear Compassionate Care Inc. does not secure a license to operate a medical
marijuana dispensary from the Illinois Department of Financial and Professional
Regulation by December 31, 2020; and
Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied.
Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
13
Abstaining: None.
Absent: None.
Motion carried 7-0
Attorney Krandel asked for clarification on the rest of the process. Commissioner Strach clarified
the Planning and Zoning Commission is a recommending body and the motion was based on
conditions as stated. The request will be scheduled for a City Council meeting in November for
approval.
Chairman Strach closed the Public Hearing regarding File No. Z-954 at 8:44 pm.
FORM A File Number 7
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street-McHenry,IL 60050 u Tel:-(815)3.63-21.70 a Fax:(81.5)3&3-2173
1. Name of Applicant Crystal Clear Compassionate Care Inc. Tel 312-342-9026
Address 3350 S. Prairie Avenue, Chicago, IT, 60616 Fax
2. Name of Property Owner R.J. Properties, LLC Tel 815-482-1938
If other than Applicant)
Address. 3321 -S. Route 31 , Crystal Lake, IL 60012 Fax
3. Name ofEngineer
NSA Tel'
If represented)
Address Fax
4. .Name of Attorney Craig S• Krandel Tel. 815-477-7476
If represented)
Address 407 E. Congress Pkwy., Ste E, Crystal Lake Fax 815-333-0480
IL 60014
5. Common Address or Location of Property 408 S. Route 31 , McHenry, IL 60050
6. Requested Action(s).(check all that apply)
Zoning Map Amendment(Rezoning) Zoning Variance-Minor
X Conditional Use Permit Zoning Text Amendment
Zoning Variance Other
Provide a brief description of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is
requested_
Conditional Use Permit to allow a Medical Cannabis Dispensing Organization
in an existing C5 zonedacility in accordance with the City of McHenry
Zoning Ordinance.
FORM A Page I of 3
i
7. Cjifrent Clse Of-'PippeertThe property is located in a C5 zoned property existing
muiti—tenant Imcility. Tha current space is vacan .
G' ti~erit.Zornng:Glassification of Froperty,Iricltrc#u49 V4pances,or Conti Y oral Uses:
The current zoning is C5.
91 Current Zoning Classifreation and Land Use ofAdjpin ag;Properties
North. C5
9butIL C5
East= C3
C5
10.Requiked Ai-dadunenis(eh.eck all itecns.submitte i)
Pleaserefer to'the Pablie Bearing Requiiemeats Checklist•to determine the renuiied attachments,
X I:. Applicaton.Fee(amount).$ 950.00 (Previously paid)
X 7 Narrative DescriptibubfRequest:
X _3•.. FORM A:-P.ubfic:Hearing.Application
4 Vo kk B—Zonii4g Map Amendment(Rezahi g)Appficatioiti
5, FOB.I•!C—:Conditional Use.Application
ItRmi)—:Zgpji g.Varmnge Application
FORM R—Use Variance•APplication::
x 8.. Proof:of Ownership andlor Written Consent from Pro.perty.Owner in the Form.rff an
A.ffi4avll
X 9.. Plat of Survey witk Legal Description
List°Of-Owners of all.A joinii Properties;
x_11_. Public Ewing Notice
y_12 Sign(Prauided.by iffie City;:to be posted by the,Applicant)
I.3, bite Plan
14.. Landscape Plan
1 S:: Architeetural Rendering ofBudng Elevations
1.& Performance.Standkird sCertificatim.
1:7.. Traffe.Analysi§
1 t $ hoal'Impact An-alysis
FORM A Page 2 of I,
I l., T.7isclosttre of Ittterest
Tile-party signing ttre aptilicatiott sliafI be eonsidered the Applicant. TJw Applicant must be.the owner
or trustee of record, trust beneftciaty, lessee, conta+act pxirebaser, or option Bolder of-tile subject.
property or his or her agent or nominee,
Aolicant.is Ndt Owner
If the Applicant is not the owner of record of flee subject property; the application shall disclose:the
legal capacity of the Applicant and the full natnei adch ess,grid telepflone itiuin mr.of the owners): ii
addition,an.affidavit of the ownets(s)shall be filed with the application stating that the Applicant-has
the aotharity front the Qwness(s).to make the application;
Applicant or Owner is Corporation..or Partnership
If the:Applicant; ownet',.Ci]ntc7ct purgbaser, gption ho*d , qr any, beneficiary Pf a land trust is a-
corporation or partnership,the application shall disclose the iiame and address of'tlie oorporatioes
off;tcars, directors;and registered agents, or the partnership's general partners and those-shaueholders
ok fiinited partners owning .ib excess of fve percent .of the outstaiidiu&stock or 'interest if, the:
corporation or-interest shared by-the limited partners,
A-bglicatit or Owner is a land Tiust
It the Applicant or owner is-a land 1frust:or other trust or trustee thereof,. the full name; addressi.
telephone nuMber,and extent of interest-of each benef ciaiyyslialt be dtsclosed in the application.
i, Ceititieatign
Y hereby eaiti£y that l am aware of all code requirements of the CIty of MdHenry that rrrlate.tn this.
pi oper'ty and tlfat ttte proposed use or,deveiopinerit described in this application sltlf'eninply vitit.aEl
such codes.
I hereby request that a public. hearing to consider this application be.field before the.Planning and
Zoning Commission, and diereatfer that a recommendation-be forwarded to the CIty.Cou cH for the.
adoption of air ordutance(s)':geanting the requested action(s), inefttding any.modi icatlotts- fo this
application or conditions of approval recommended fly the Zoning Board of.Appeals-or City Coatitdl.
3iQttature of A-09kant(-sl
Print Name and Designation.of Applicaut(s)
Af September 2019
a
Mitch Zaveduk
1
Authorized Agent
FORMA Pager 3 of 3
Project Narrative
McHenry Zoning Case Z-954
Conditional Use Permit Request
408 S. Route 31
McHenry, IL 60050
R. J. Properties, LLC, an Illinois limited liability company, is the owner of the
building located at 400-414 S. Route 31 within the City Limits of McHenry, IL (the
Building") and has a lease in place with Crystal Clear Compassionate Care Inc.,
an Illinois corporation to operate a Medical Cannabis Dispensing Organization in
approximately 3,156 sf of the Building, subject to the issuance of the required
Conditional Use Permit.
FORM C File Number
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of McHeniy
333 South Green Street a McHenry,IL 60050 0 Tel:(815)'3632170 o Fax!(815.)363 2173
Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of Conditional.Use Permit,the Planning and Zoning Commission shall transmit to
the City. Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise:typical in the zoning district has.
been minimized.
The proposed use will not create an adverse impact of types or traffic
volumes. The site is served by access on Route 31 and Bank Drive.
2. Environmental Nuisance
Any adverse effects of noise; glare, odor, dust,waste disposal, blockage of light or air,or other adverse
environmental effects of a type or degree not characteristic of permitted uses in the zoning district have
been appropriately controlled.
The proposed use should not create any environmental nuisances.
3. Ne:ighbofhood Character
The proposed use will fit harmoniously with the existing natural or man-made character: of its
surroundings and with permitted uses in the zoning district. The use will not have undue deleterious
effect on.the environmental quality, property values, or neighborhood character existing in the. area or,
normally associated with permitted uses in.the district..
The proposed use should not adversely affect the neighborhood character
and wi nious y tit in to flie existing cen er.
FORM C: Page 1 of 2
t
I
4. Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree disproportionate to
that normally expected:of.permitted uses in the district, nor generate disproportionate demand for new
services or facilities,in such a way as to place undue burdens upon existing development,in.the area.
The proposed use will not require public services disproportionate to that
normaiiy expected in the Cb use district.
51. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors
associated with the use nor of the general public in the vicinity.
The proposed use will not be detrimental to the public safety and health
associated with the use nor the general public in the vicinity.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use.
and its particular location.
We believe this to be correct.
FORM C. Page 2 of 2
DISCLOSURES OF INTEREST
McHenry Zoning Case Z-954
In regard to the application for a Medical Cannabis Dispensing
Organization by Crystal Clear Compassionate Care Inc. , an Illinois
Corporation, for the property commonly known as 408 S. Route 31 as
owned by R. J. Properties, LLC, an Illinois limited liability company the
ownership of the various entities are as follows-
R. J. Properties, LLC
Managers/Members
Rosemary Swierk sole Manager/Member
3321 S. Route 31 , Crystal Lake, IL 60012
Ph. 815-444-8844
Crystal Clear Compassionate Care Inc.
Owners/Officers:
MARIA DAVIS (50% owner), President
3350 S PRAIRIE AVE CHICAGO, IL 60616
Ph. (312) 342-9026
CRYSTAL ANDERSON
50% Owner), Secretary
1235 S. PRAIRIE, #200 CHICAGO, IL 60605
Ph. (773) 447-5726
By:
Cr ig S. Krandel, Attorney
AFFIDAVIT
Now comes Rosemary Swierk,Manager of R.J.Properties, LLC and being first duly
sworn and upon oath, and states as follows:
1. That R.J. Properties, LLC is currently the owner of the property commonly
known as 408 S. Route 31 McHenry, IL 60050
2. That pursuant to Application for Conditional Use for this property, R.J.
Properties, LLC has given authority to Crystal Clear Compassionate Care Inc.
to file for this Conditional Use.
Further Affiant sayeth naught.
Rosemary Swierk,Manager
SUBSCRIBED and SWORN to
before me this 16th day
of September 2019 OFFICIAL SEAL
LNOTARY I
VELEXPIRES:02in2at22
w000
UBL OF ILLINOISo-a MISSAOTARYPUBLIC
Prepared By:
Craig S. Krandel
Timm& Garfinkel. LLC
407 Congress Parkway Ste E.
Crystal Lake,IL 60014
815)477-7476
AFFIDAVIT
Now comes Rosemary Swierk and being first duly swom and upon oath, and states as
follows:
1. That I am currently the Manager of RJ. Properties, LLC an Illinois Limited
Liability Company.
Further Affiant sayeth naught.
Rosemary Swierk
SUBSCRIBED and SWORN to
before me this 16th day
of September 2019 OFFICIAL SEAL
LORI VEE EAMOOD
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:02/28122
NOTARY PUBLIC
Prepared By:
Craig S.Krandel
Timm&Garfinkel. LLC
407 Congress Parkway Ste E.
Crystal Lake, IL 60014
815)477-7476
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t..CITY: s4 CdURTY.8: ZIP oclm,
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The 100(d)qnd-140 otihe Act and IsOpllaplIssq(aly taspansibte.(at ensuring ttia.prvposed(bcation.W within dishict boundaries,is pliopt With qi otlon
Th, locill.,the dispensary.ad8r9ss.(fiat*nedds t6 be Tckihed,
No ;f a Opp"P.4 Iqo0balls not 6a"nalkis:dItpontoy Ahen!the locaflon It
no:hccorno(lant and your application will be disqual.1fled"
IbHtCK ALL THAT APPLY
7. Are there-local zonInq:restr(ctIcns specific.to-aa medieW catinalbis4spensary at-Ahe proposed location? [A'y. OjZ
a. pro posed Medical cannabis dispensary.In corloonm wilh-minimurn 10mal—
YOS. NO
6; if-applicable,has.1he.proposed.d1spensing.organ.i.istion Mod a.raquest with the local zoning autiiarity fovam.,,s,i No
Kipentiary El:
if zoning te4060 was filed but hifs:ndt been-a p*pr'oVed,the..kcming.d.eterminaboh Is dxpeotOd to be issued in
approximately 1--bms WEEKS MOMS Is (chec.k.one)
10, Is the.Proposed loca(WO In comoaride
I
Section 1 0(4)of,the Act?with FIYes F]No
@
Pl6ase:cdn"firrn the-boke$7 610-AbOve are true andid d rate
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Itte df thd.Authodzed'Zoifiil 'Ropred6htaibve Name.b h flin.n
Z 2-11
PAnted Name Telephone NQmbe.r
Ct
idpatUrel Rate
Sectl6n ljdtd.-ol the Medica:1 Ciinnabla Pilot Program Act,states imperfinent,part:
1)A dispiinily nol'be locatedvithin 1,000 feat'di,Me 0 PLO pr4saboolo-mperAylihddf oprG e isfingpubl,icorpdv r el6inentary
or sec.andary-school arday care.center,da y-care home.,group day care horne,or part day child care facility,A registered dispensing otgarilzalton
may,hot be.located,in a house,apartment,condorninlurn,or on-area zoned for residential use.
Z-q-Y
IMPORTANT NOTICE: ILLINOIS DEPARTMENT OF FINANCIALAND PROFESSIONAL REGULATION SUPPORTING DOCUMENTCornptetiDnofthisformis
necessary
sure in connection MEDICAL CANNABIS Mc-for Iiconsur0 in connection Mc-
with the MedProgram Cannabis DOCUMENTATION OF PROPERTY OWNERSHIP PROPPilotProgramAG.10 ILCS
130 and 88 IAC 1290.
z,fF r t 'ti aaS? i.i s v ":c- s2?C..,w 2dr,-'i .-
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1. NAME OF ENTITY ApPLY1 FOR A DISPENSARY EGESTRATION 2. MEDICAL CANNABIS DISTRICT NUMBER
3. AME OF OWNER OF THE PtIY ICAL ADDRESS OF THE PROPOSED DISPENSARY
T r`0 K CS LLLh1
4. PHYSICAL ADI RESS 01: THE PROPOSED DISPENSARY
qbg S airy
5. CITY G.INTY 7. 'LIP CODE
d4erl q W(Anqnj - 7
8. IS APPLICANT ALSO THE PROPERTY OWNER? M YES 'NO
9. IS TIME PROPERTY SUBJECT TO A MORTGAGE? YLS NO
CERTIFICATION
By affixing your signature below, you certify you are the owner of the physical address of the property
listed herein, and you know and understand that the above listed entity is applying for a medical cannabis
dispensary with the Illinois Department of Financial and Professional Regulation. You also consent that the
property at the listed address provided herein may be used as a dispensary if the applicant is awarded a
registration by the Illinois Department of Financial and Professional Regulation.
i
Property Owner Name Phone Number
Property Owner Signature Date
Subscribed and sworn to before me this day of 2t)
EAL
LORI VEE EASTWOOD Notary PublicNOTARYPUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:02/28122
IL486-2111 SM4
407 Congress Parkway
Suite E
Crystal Lake,IL 60014
0480
Law Offices of Timm & Garfinkel, LLC
F)8Itgieg l.cowww.lt¢IeQal.com
Craig S.Krandel
D)815-477-7476
ckrande1@1tgl egal.com
October 7, 2019
Douglas P. Martin
Director of Economic Development
City of McHenry
333 S Green Street
McHenry, IL 60050
Re: Crystal Clear Compassionate Care
Medical Cannabis Dispensary
Zoning Case Z-954
Property at: 408 S. Route 31
Our File: 19- 342
Dear Doug:
In follow up to our prior discussions related to the above matter and concerns of
parking, security and public safety, enclosed please find additional documentation
related to our client's proposed operation as well as notes of support from
adjoining tenants and owners.
I expect we will further discuss and address these topics with members of the
Planning and Zoning Commission as well as City Council in our appearance before
each group.
Please advise if anything further you may wish us to provide ahead of our hearing
on October 16'.
Sincerely,
TIMM & GARFINKEL, LLC
By
aig S. Krandel
Crystal Clear Compassionate Care
Medical Cannabis Dispensary
Operations Guidelines
Security/Safety features:
Armed guard at all times when open
Cameras throughout the interior/exterior of the facility (Camera plan
attached)
Biometric screening and security at all checkpoints
The space uses double man doors prior to access to sales area a fully internal
delivery bay (sally port), mantrap at the dispensing area entryway and a
second mantrap protecting the vault storage area. The configuration also
provides for secure handling of product with minimal movement. (Security
Plan attached)
One to one employee to customer ratio in sales area
No back windows to the facility
Delivery of product/removal of cash all through drive in bay
All cash in locked/secured safe
Hours of Operation
7 days a week
General Hours 10 a.m. to 8 p.m.
Peak hours 5- 8 p.m.
Parking
Spaces generally needed during peak time- '13
Total of 6 employees during peak operational times
Prior communication from Landlord indicating plenty of open parking
during a typical lunch/brunch hour (Approx. 50 open spaces at 12:35 p.m.
the day in question)
SECURE IT OFFICE BREAK
SALES
i71S1
HALL
JAN M L / W
MAN]TRAP
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II RESTRICTED ZONING LEVELS
DELIVERY BAY u UNI
RECEPTION
LEVEL 1
j Controlled Public Access.
Admittance Permission Required.
CONSULT
LEVEL 2
Escorted Public Access.
SECURITY LEVEL 3
j Employee Access Only.
LEVEL 4
Restricted Access.
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ALARM BUTTON
000000S°SCONTROL
KEYPAD
Rosemary Swierk
From: John Swierk <jswierk@ddcaarchitects.com>
Sent: Tuesday, October 1, 2019 10:40 AM
To: Craig Krandel
Cc: rosemaryswierk@gmail.com
Subject: FW:Zoning Support
Craig.
Please see below.
Thanks
John Swierk,AIA
President,NCARB
LEED AP BD+C
CM
arch;il 9C`?i
Direct Design Ltd.
Carroll Associates
33215.Route 31
Prairie Grove,IL 60012
C.815.482.1942
From:Ted Zatos<tedzatos@gmail.com>
Sent:Tuesday,October 1, 2019 10:40 AM
To:John Swierk<jswierk@ddcaarchitects.com>
Subject: Re:Zoning Support
To Whom it may concern:
I have the authority to make decisions on behalf of Brunch Cafe and Meat N Potato and am aware of the proposed
conditional use zoning action request at 408 S. Route 31 for a Cannabis Dispensary. Brunch Cafe and Meat N Potato are
in support of the proposed use and have no concerns include with regard to traffic or security. The proposed tenant and
use is welcome from our perspective.
Regards,
Ted Zatos
1
From:John Swierk<jswierk@ddcaarchitects.com>
Sent: Friday, October 4, 2019 1:56 PM
To: Craig Krandel <Ckrandel@ltglegal.com>
Cc: rosemary.swierk@gmail.com
Subject: FW: Zoning mchenry
FYI Carlo DeCarlo South Owner BP & Strip Center
John Swierk,AIA
President,NCARB
LEED AP BD+C
14ff tM$° !'V;a
Direct Design Ltd.
Carroll Associates
33215.Route 31
Prairie Grove,IL 60012
C.815.492.1942
From: dhavana6@aol.com <dhavana6@aol.com>
Sent: Friday, October 4, 2019 1:00 PM
To:John Swierk<iswierk@ddcaarchitects.com>
Subject: Re: Zoning mchenry
To: John Swierk
Dear John, as the Southerly property owner abutting you location on Route 31 1 wish to
offer my full support to your endeavor to secure a Cannabis outlet as a tenant for your
center.
Sincerely yours,
Carlo DiCarlo TRAPANI LLC
r, 407 Congress Parkway
Suite E
Crystal Lake,IL 60014
Law Offices of Timm & Garfinkel, LLC ww.it-32al.co0www.ltglegal.com
Craig S.Krandel
D)815-477-7476
ckrande1r_&1teleea1.com
October 15, 2019
Douglas P. Martin
Director of Economic Development
City of McHenry
333 S Green Street
McHenry, IL 60050
Re: Crystal Clear Compassionate Care
Medical Cannabis Dispensary
Zoning Case Z-954
Property at: 408 S. Route 31
Our File: 19- 342
Dear Doug:
In response to your Staff Report and to provide additional materials received
since my letter of October 7':
1. Proof of Publication as received from Northwest Herald.
2. Additional emails of support from adjoining business owners
3. Security Camera and Access Plans for the business
4. Parking ratios for the building as previously submitted for the building along
with parking counts as provided by John Swierk.
If anything more you may wish us to provide ahead of our hearing on Wednesday
please advise. Please note that I am also enclosing 15 sets of above materials for
distribution for applicable parties.
Sincerely,
TIMM & ARFINKEL LLC
By
Craig S. Kr ndel
Certificate of the Publisher
Northwest Herald
Description:FILE Z-954 CRYSTAL CLEAR
1707682
TIMM &GARFINKEL LLC
407 CONGRESS PARKWAY STE F
CRYSTAL LAKE IL 60014
Shaw Media certifies that it is the publisher of the Northwest Herald. The
Northwest Herald is a secular newspaper, has been continuously published
daily for more than fifty(50) weeks prior to the first publication of the
attached notice, is published in the City of Crystal Lake, County of
McHenry, State of Illinois, is of general circulation throughout
that county and surrounding area, and is a newspaper as defined by 715 ILCS 515.
PUBLIC NOTICE
1 PUBLIC HEARING NOTICE
A notice, a true copy of which is attached, was published 1 FILE Z-954 .
Notice is hereby given that
time(s) in the Northwest Herald, namely one time per week for one the City of McHenry Planning
successive weeks . Publication of the notice made in the a and Zoning Commission willnowasmenewspaper,per, hold a Public Hearing at the
dated and published on McHenry Municipal center,
333 South Green Sheet,
09/30/2019 McHenry, Illinois 60050, at
7:30 P.M. on October 16,
2019 to consider an
This notice was also placed on a statewide public notice website as required f application by Crystal Clear
Compassionate Care Inc.,
by 5 ILCS 5/2.1. an
I
nois corporation
Appliaarnf)for the follow-
In witness, Shaw Media has signed this certificate by John Rung, its I ing request in accordance
I with the City of McHenrypublisher, at Crystal Lake, Illinois, on Zoning Ordinance:
30th day of September, A.D. 2019 Conditional Use Permit to
allow a Medical Cannabis
Dispensing Organizaffon.
is aShawMediaBy: unit instheeHshorommcenter
with an address of 408 S.
Route 31 which is located
on the east side of
just north ofCharleesu MillerJohnRung, Publisher Road-The owner of the sub-
ject property is R.J.Proper-
ffes,U-C 33213,Route-31,,
Account Number 10046201 Amount$99.92 Crystal Lake, IL' GOO12
Owner').
PIN: 14-021.00-057 and
14-02-700-058
The subject property'is
currerrtly, zon
Highway Commercialed DishCic-5t
in the cyyof McHenry..
A copy of the application is
on file and may be exam-
ined during regular business
hours in the City Clerk's
llltice, at the McHenry
Municipal Center,333 South
Green Sheet McHenry;
I Illinois..60050; and (815)
363-2100: -
AII interesied parties will be
given an opportunity to be
heard.
Published by order of the
Planning and Zoning Com
mission, City of, McHenryl
McHenry County,illinoisc
Is/ Stm6 N
Chairman,Planning and'+
Zoning commissiorr,
Published in the.Northwest
Herold on. September 30,
2019)1707682
Original Message-----
From: Connie Perez<aestheticscreations@gmail.com>
Sent: Friday,October 4, 2019 2:41 PM
To:John Swierk<iswierk@ddcaarchitects.com>
Subject: Re:letter
John,
I am writing in reference to the new tenant looking to open a cannabis dispensary adjacent to my retail
boutique.
I am in support of this business in our plaza.
Thank you for getting our approval of this unique business in advance.
Thank you,
Connie Perez
Aesthetics Boutique
Sent from my iPhone
From:Salon Te Elie Ce<Ichairin@aol.com>
Sent:Wednesday,October 9,2019 5:10 PM
To:John Swierk<iswierk@ddcaarchitects.com>
Subject: Cannabis Approval
To Whom it may concern:
I have the authority to make decisions on behalf of Salon Te Elle Ce and am aware of the proposed
conditional use zoning action request at 408 S. Route 31 for a Cannabis Dispensary.The proposed tenant
and use is welcome from our perspective.
VAULT SECURE IT OFFICE BREAK
SALES
HALL
JAN M W
MAN TRAP
DELIVERY BAY UNI
RECEPTION CAMERA LOCATIONS
CONSULT CAMERA
POINT OF SALE
TERMINAL
SECURITY
EMERGENCY
EXIT
VAULT SECURE IT OFFICE BREAK
SALES
HALL
JAN
MrolpMANTRAP
DELIVERY BAY UNI
RECEPTION ACCESS CONTROLS
CONSULT CARD READER
BIOMETRIC
CONTROL
SECURITY
400 - 414 S ROUTE 31
PARKING REQUIREMENTS
400-414 S. Route 31 City of McHenry Parking Requirements
USE GROSS NET ORDINANCE REQUIREMENT SPACES
AREA AREA 850/b PER 1000 SF # OF EMPLOYEES
REQUIRED
414(BRUNCH) 4847
DINING AREA 2448 2081 25 RESTAURANT 52.025
KITCHEN &MISC.1676 5 5
410(SALON) 2558 2175 4.5 OTHER RETAIL 9.79
408(DISPENSARY)3156 2525 4.5 OTHER RETAIL 11.36
SUITE 400 (RESTAURANT) 3000
DINING AREA 1494 NOT USED 25 RESTAURANT 37.35
KITCHEN &MISC.1506 3 3
404(AESTHETICS) 1800 1530 4.5 RETAIL 6.885
TOTAL 15,361 S.F. 125.38
126 )
PER ZONING ORDINANCE VII.A.3
LESS 15% ALLOWED PER ORDINANCE
126 ACTUAL X 0.15) -18
TOTAL STALLS REQUIRED 108
TOTAL STALL PROVIDED 111
ADA STALLS REQUIRED 5
ADA STALLS PROVIDED 5
Page 1 of 2 10/11/2019 9:55 AM
PAST APPROVED PROJECT PARKING STATISTICS
This calculation chart has been provided and approved for all existing tenants )
400 - 414 S ROUTE 31
PARKING REQUIREMENTS
400-414 S. Route 31 City of McHenry Parking Requirements
USE GROSS NET ORDINANCE REQUIREMENT SPACES
AREA AREA 85% PER 1000 SF # OF EMPLOYEES
REQUIRED
414(BRUNCH) 4847
DINING AREA 2448 2081 25 RESTAURANT 52.025
KITCHEN &MISC.1676 5 5
410 (SALON) 2552 2170 4.5 RETAIL 9.76
406/408(VACANT) 2620 2227 3.5 OFFICE 7.79
SUITE 400 (RESTAURANT) 3000
DINING AREA 1494 1270 25 RESTAURANT 31.75
KITCHEN &MISC.1506 3 3
404 1800 1530 4.5 RETAIL 6.885
TOTAL 14,819 S.F. PER ZONING ORDINANCE VII.A.3
LESS 15%ALLOWED PER ORDINANCE
106 ACTUAL X 0.15) -15.9
TOTAL STALLS REQUIRED 100.31
TOTAL STALL PROVIDED 109
ADA STALLS REQUIRED 5
ADA STALLS PROVIDED 5
Page 2 of 2 10/11/2019 9:55 AM
400 - 414 S ROUTE 31
OPEN PARKING COUNTS
400-414 S. Route 31
DATE TIME OPEN STALLS
9-23-2019 12:35 51
9-24-2019 12:30 17
9-26-2019 12:30 33
9-30-2019 12:30 49
10-1-2019 12:15 15
10-4-2019 11:45 62
10-9-2019 12:30 49
Page 1 of 1 10/15/2019 7:37 AM
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
McHenry, Illinois 60050
Phone: (815) 363-2160
Fax: (815) 363-3119
www.ci.mchenry.il.us/park_recreation
AGENDA SUPPLEMENT
DATE: October 28, 2019
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: R.I.S.E. Foundation Splash pad Benefit Concert
ATTACHMENTS:
Park Layout Renderings
Splash pad Renderings
AGENDA ITEM SUMMARY: The R.I.S.E. Up Foundation is requesting the temporary use of
Petersen Park Friday, June 19, 2020 from 5 – 11pm and Saturday, June 20, 2020 from 3 – 11pm
for a two day benefit concert with live music, food trucks and tents, sponsor tents and alcohol
sales. All proceeds from the concert are to be utilized for the installation of a new splash pad
adjacent to Fort McHenry in Whispering Oaks Park.
BACKGROUND: Recently a new not-for-profit corporation was created in our community
“organized exclusively for charitable, education, religious or scientific purposes within the
meaning of Section 501 (c)(3) of the Internal Revenue Code specifically to fund projects for
children and their families as needed in the city of McHenry and/or McHenry County, Illinois.”
The R.I.S.E. Up Foundation stands for “Revitalize, Invest, Succeed, Encourage; as a community we
RISE to help future generations.” The Foundation was organized by Wayne and Amber Jett.
The RISE Up Foundation approached the city staff inquiring about the installation of a Spray Pad
in McHenry as the project for their initial endeavor. Mr. Jett met with city staff to discuss the
location possibilities and feasibility of any splash pad project within the Parks system. After
significant investigation by staff with vendors, in which staff explored various sizes, budgets and
locations, a recommendation of the installation of a 2, 500 square foot open to the public free
splash pad adjacent to Fort McHenry in Whispering Oaks Park. The estimated cost of the project
with supporting amenities is $170,000 - $180,000.
The Foundation explored multiple avenues to raise the funds for the project ultimately landing
on a benefit concert at Petersen Park. Again Parks and Recreation and Police Command staff met
with Mr. Jett to discuss the logistics of a concert that could accommodate an estimated crowd of
4,000 on Friday night and 8,000 – 9,000 attendees on Saturday as well as identify a date that
would work for the all without impacting the existing summer schedule of events. June 19-20
were selected as event dates and park layouts prepared. Other details relating to the event have
been modeled after Fiesta Days and Blues’ Brews & BBQ’s. Friday’s hours are proposed as 5pm
– 11pm and Saturday proposed hours would be 3pm – 11pm. Organizers are also requesting
approval of a Special Event Liquor License for the sale of alcohol in accordance with the similar
events.
ANALYSIS: The RISE up Foundation is 501(c)(3) not-for-profit corporation that is looking to
independently hold a fundraising benefit concert that will ultimately provide a large benefit to
residents and to visitors. The city has a long history or working with or partnering these type of
entities to accomplish great things in the community. Entities such as the McHenry Township
Fire Protection District Burn Camp Fundraiser, Friends of Montini concert, the McHenry Rotary
Noon and Sunrise Clubs, the Kiwanis Club, The McHenry Riverwalk Foundation and of course the
McHenry Area Chamber of Commerce. All of these have hosted events varying in size and
cooperation from the city, but all have also given back significantly to the community. In this
instance it is in the form of an improvement that has long been desired by our community.
The free splash pad was an item that residents consistently commented on in the Community
Needs Assessment. Choosing Whispering Oaks Park adjacent to Fort McHenry as the location,
resulted from a number of factors. Fort McHenry is the heart of our playground system. Pairing
our most popular playground with a splash pad is a natural fit for the free amenity and visitors to
the park can now enjoy both and make a day out of their visit. The 2, 500 square foot size fits
very nicely just west of the bike path and leaves plenty of room for tables and benches. There
are utilities close by to serve the proposed amenity as well as a permanent washroom structure.
The central location of the park makes it extremely convenient to all and visible to a great deal
of people as the commute along Route 120. It is also situated along the Prairie Path Bike trail
that makes it a safe easy bike ride for a family that is out for the day. Lastly, there is room for
the expansion of the parking lot should it be necessary.
The proposed event is larger than a typical concert however very similar to crowd numbers that
we have seen for the largest Fiesta Days concert when Tesla performed in 2014. The estimated
Friday crowd is the typical attendance for a Fiesta Days National Act. The major change however
is the proposed park layout. Bringing in a temporary stage and shifting it to the western end of
the park opens up the entire park and spreads enhanced crowds out further. The attachments
provided illustrate how the change will provide a great deal more space for attendees.
Parks staff has conferred extensively with the Police Department who have provided clear
direction and parameters for the event organizer. The city will have an extensive police presence
at the event to ensure public safety. The cost to provide police services is estimated at $10,500.
In addition, there will be a $500 park rental fee and fees to cover the cost for the city to prepare
the park for the event and incidentals such as general patrol of the washroom facilities by a parks
employee.
RISE Up Foundation is requesting approval of a fee reduction of 50% for all reimbursable costs
similar to what was approved for Fiesta Days and BBB. Volunteers from the Rise Up Foundation
will operate all other aspects of the event including trash pickup, parking, stage, and sound.
Any patron wishing to consume alcohol will be id’d and wrist banded. Alcohol ticket sales will
cease 30-minutes prior to festival closing times and actual distribution of alcohol will cease 15
minutes prior to closing.
RECOMMENDATION:
Therefore, if Council concurs, then staff requests that a motion be made to grant the RISE Up
Foundation 1) use of Petersen park to setup, host, and cleanup for the Splash Pad benefit
concert from Friday, June 19, through Saturday, June 20, 2) special event liquor license for
the sale of beer, wine, and malt liquor with drink ticket sales to cease 30-minutes prior to
park closure, 3) a 50% reduction of the charges for city services incurred as a result of this
event.
Fort McHenry Splash Pad
Proposed location for new splash pad
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