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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 a customer-oriented, efficient, and fiscally responsible manner. 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. 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HQo.a gg 9g6e f€ f I p a IL STATE ROUTE 31 I R• 3859. 83' L" BB. 11' jig E Nii A: R 0R Pill i 6 yEy e w 6115R o_ a g § N gv ° 98. 11 PE I I i 0 o e > ' C $ ram • " O d Raar3E m E Fad R Enfm Ka Z I ljlinolt Department.of Financial find Professional Regulation. Divisibn of Professional Regulation -'Medi'cal' Cannabis Unit g, -g- 713,A.N15,0, IN 16-0 S 0, 4--- 01 la OVSINESSIL9GAL N F'APPLICAN TTL C. 2. STREET ADDF(F_.5S.aF THE PRQPO$ED PISIP"O'ARY1 3, DISPENSARY'S REGISTRY ID.,#. t..CITY: s4 CdURTY.8: ZIP oclm, C mod/C.t4e At, CD ODryl 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 D;roc-ko.r reolvakic- bt,4,0, rr O-P M C. e—A 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 .- r t'.e ,!' 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 w 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. uo ) r I r n r -i r 'i r L J L J L J L J L J o00 VAULT O SECURE IT OFFICE BREAK n oao n LL o SALES I) 1 l) of rrq r 1 HALL G p (1) I) \ L JQ-L J ou )la]) JAN r -1 r M w r r JJ- 1 0 i) U U r 1) L J L J L J Il MAN TRAP 6Iko ((a]) ANTI-INTRUSION & ALARM SYSTEMS DELIVERY BAY L J UNI RECEPTION c a MOTION ENTRY/ EXIT L J DETECTOR SENSOR rSECURI(TY CONSULT ICI SENSOR SILENnT ALARM LJFIRE PANIC 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 Legend 100 ft N➤➤N X sewer and electric X water service oort, F ) At V-110� N �i ,vim'-*` ��. i' ,`; •;•. ,r . _ �, :�, ./• o f�' •t f � i� � � 1 { 4i :wl'i F. `� ERECT TALITY tEA SEER U N0 14T HT HT GW bEER ice'. Ilf. , �- \\ - 1- - ENERAL missiol EER \ Lalt I FOOD TRUC Alk ,:q ENERAL E am ��L+r..66