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HomeMy WebLinkAboutMinutes - 10/16/2019 - Planning and Zoning CommissionCity of McHenry 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. Approval of Minutes Motion by Sobotta seconded by Lehman to approve the September 18, 2019 Regular Meeting minutes of the Planning and Zoning Commission as presented: Voting Aye: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Doherty. Absent: None. Motion carried 6-0. Motion by Sobotta seconded by Lehman to approve the September 24, 2019 Special Meeting minutes of the Planning and Zoning Commission as presented: Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Thacker. Absent: None. Motion carried 6-0. 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 Planning and Zoning Commission October 16, 2019 Page 2 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, 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. Planning and Zoning Commission October 16, 2019 Page 3 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 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 McHenry 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 Planning and Zoning Commission October 16, 2019 Page 4 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 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 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 Planning and Zoning Commission October 16, 2019 Page 5 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: • 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 Planning and Zoning Commission October 16, 2019 Page 6 • 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. 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. Planning and Zoning Commission October 16, 2019 Page 7 Staff Report Director Martin stated the next regularly scheduled meeting of the Planning and Zoning Commission is November 13, 2019. Commissioner Thacker inquired how specific businesses get signed parking spaces outside their doors in some strip malls, specifically referring to the strip mall that houses Panera. Director Martin responded that is a private arrangement in the mall with the landlord. Adjournment Motion by Sobotta seconded by Thacker to adjourn the meeting at 8:50 p.m. Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty. Motion carried 7-0. The meeting was adjourned at 8:50 p.m. Respectfully submitted, __________________________________ Shawn Strach, Chairman City of McHenry Planning & Zoning Commission