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HomeMy WebLinkAboutMinutes - 08/20/2014 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes August 20, 2014 Chairman Strach called the August 20, 2014 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, Vallez, Bromley, Nadeau, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Nadeau, seconded by Sobotta, to approve the minutes of the Planning and Zoning Commission Meeting as presented: July 24, 2014 regularly scheduled meeting. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Strach. Absent: None. Motion carried 6-0. Public Hearing: Dawn Conklin, Lingle Design Group (Representing McDonald’s USA LLC) File No. Z-841 4411 Elm Street Conditional Use Permit to allow a drive-in establishment, which includes the addition of a third service window Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-841 an application for a conditional use permit to allow a drive-in establishment, which includes the addition of a third service window as submitted by Dawn Conklin, Lingle Design Group (representing McDonald’s USA LLC for the property located at 4411 Elm Street, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 2, 2014. 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 was Dawn Conklin, Lingle Design Group LLC, 158 W. Main St. Lena, IL 60148, who was sworn in by Chairman Strach and provided a summary of the request before the Commission at this Hearing stating she is requesting a conditional use permit for McDonalds at 4411 Elm St. to allow a third drive-through window to be retrofitted in place of an existing window. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a conditional use permit to allow a drive-in establishment, which includes the addition of a third service window on the subject property. Planning and Zoning Commission August 20, 2014 Page 2 In 2010 McDonald’s Corporation obtained a conditional use permit for a drive-in establishment in addition to variances from the lighting and landscaping requirements to construct their new prototype restaurant after demolishing the former McDonald’s restaurant previously located on the subject property. Currently, a window exists on the subject property but does not open or function as a slider, and if approved McDonald’s would retrofit the existing window to be utilized as a slider similar to the other two McDonald’s locations in the City. Subsequently, McDonald’s constructed two new restaurants, one at the southeast corner of Park Place and Front Street (Illinois Route 31) and the other at the northeast corner of Richmond Road (Illinois Route 31) and McCullom Lake Road. At the Park Place/Front Street and Richmond Road/McCullom Lake Road locations three drive- thru service windows were installed. The first of which is the window where customers pay, the second is where food is distributed and the third is north of the second window, at Park Place and Front Street and south of the second window at McCullom Lake Road and Richmond Road and is utilized if a customer order requires more time to be processed. In that instance cars pull forward and wait until the order is complete. The food is then distributed through the third window. However, this third window was not constructed at 4411 Elm Street. In contrast to McDonald’s, Culver’s located at Adams Drive and Illinois Route 120, has one window and often vehicles pull forward and wait for their order to be brought to their vehicles. Both of these configurations function well at the respective locations because adequate space exists for vehicles to park and wait for their order and there are no conflicts with on-site pedestrian and vehicular circulation. In order for a third window to be installed at the subject property an additional conditional use permit is required. The zoning ordinance states any expansion, enlargement or structural alteration of a conditional use shall require an additional conditional use permit. Staff’s primary concern with the installation of third service window is ensuring adequate space exists for one vehicle only to park, without impeding or compromising the safe on-site circulation for pedestrians and vehicles. The proposed plans provide for adequate space for one vehicle to safely pull forward to the third window and park without compromising vehicular or pedestrian safety. The approval criteria for conditional use permits was explained. Staff is recommending the space adjacent to the third window be striped/cross-hatched to demarcate the area and no more than one vehicle be parked adjacent to the third window at any one time. Staff believes the proposed additional drive-thru window on the subject property, incorporating recommendations previously stated, will be an asset to the business and complies with all criteria set forth in Table 31. Deputy City Administrator Martin explained this is a recommendation for approval of a conditional use as a separate ordinance to add a third drive- through window only, it does not eliminate the conditions of the present conditional use permit already allowed on the property. Planning and Zoning Commission August 20, 2014 Page 3 Deputy City Administrator Martin stated staff is recommending approval of a Conditional Use Permit to allow a drive-in establishment on the subject property, including the addition of third service window, in accordance with the attached site plan with the following conditions: • Area adjacent to the third window be striped/cross-hatched; • No more than one vehicle is parked adjacent to the third window at any one time; • Existing conditional use permit and variances shall remain as previously-approved, with the exception of the addition of a third service window and Staff finds that the requirements in Table 31 of the Zoning Ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty stated the third window is a good idea. Commissioner Thacker agreed. Commissioner Nadeau recommended the slider be put at the far end near the door so there is room for vehicles to maneuver around other vehicles waiting at the windows. Ms. Conklin stated that is exactly what they are proposing. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:40 p.m. Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z-840, an application for a conditional use permit to allow a drive-in establishment, which includes the addition of a third service window on the property located at 4411 Elm St. as presented by applicant Dawn Conklin, Lingle Design Group (representing McDonald’s USA LLC) in accordance with the site plan with the following conditions: 1. Area adjacent to the third window be striped/cross-hatched; 2. No more than one vehicle is parked adjacent to the third window at any one time; 3. Existing conditional use permit and variances shall remain as previously-approved, with the exception of the addition of a third service window. be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-840 at 7:42 p.m. Planning and Zoning Commission August 20, 2014 Page 4 Public Hearing: City of McHenry File No. Z-841 333 S. Green Street Consideration of a recommendation for text amendments to the zoning ordinance pertaining to the regulation of medical marijuana dispensaries and cultivation centers including but not limited to the following sections of the zoning ordinance: Article II. Filing Procedures, Article III. General District Regulations, Article V. Commercial Districts, Article VI. Office, Industrial, Business Park, Agricultural and Mining Overlay, and Health Care Districts, Article VII. Off-Street Parking and Loading, Article XIV. Conditional Uses and Article XIX. Definitions Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-841 an application for consideration of a recommendation for text amendments to the zoning ordinance pertaining to the regulation of medical marijuana dispensaries and cultivation centers including but not limited to the following sections of the zoning ordinance: Article II. Filing Procedures, Article III. General District Regulations, Article V. Commercial Districts, Article VI. Office, Industrial, Business Park, Agricultural and Mining Overlay, and Health Care Districts, Article VII. Off-Street Parking and Loading, Article XIV. Conditional Uses and Article XIX. Definitions as submitted by the City of McHenry, 333 S. Green St., McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 5, 2014. 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. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating staff is requesting a recommendation for text amendments to the zoning ordinance pertaining to the regulation of medical marijuana dispensaries and cultivation centers. In August 2013 the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act (the “Act”), which became effective January 1, 2014. This is a pilot program which is scheduled to expire at the end of 2017. There have been a couple of public hearings regarding rules throughout the state. Prior to the issuance of any licenses however the administrative rules must be reviewed by the following departments: Illinois Department of Agriculture, Illinois Department of Professional Regulation, Illinois Department of Public Health and the Illinois Department of Revenue. While it has not been officially determined, it’s anticipated the proposed administrative rules governing the Act will be adopted within the next two-three weeks after which the State of Illinois will begin accepting applications for medical marijuana cultivation centers and dispensaries. The Act permits one cultivation site in each of the 22 Illinois State Police Districts. McHenry is in the District 2 Police District which Planning and Zoning Commission August 20, 2014 Page 5 encompasses Kane, DuPage, DeKalb, Lake and McHenry counties. Any one entity is eligible to receive up to three licenses for cultivation centers. Similarly, Dispensing Organization Districts were established statewide for up to 60 dispensary locations. McHenry County is considered a Dispensing Organization District and currently would be allocated one registration under the draft administrative rules. One entity may receive permits in up to five Dispensing Organization Districts throughout the state. Below is a summary of the basic zoning regulations for cultivation centers and dispensaries which must be followed statewide. • Facility may not be located within 2,500 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. Proposed Rules for Cultivation Centers • Facility may not be located within 2,500 feet of the property line of a pre-existing property zoned for residential use. • Facility may not conduct any retail sales. • Can only sell to dispensaries licensed in Illinois. • 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. Proposed Rules for Dispensaries • 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. Staff has been contacted by several individuals seeking feedback on pursuing opening cultivation centers and/or dispensaries within City limits. The City of McHenry cannot prohibit these uses outright but a municipality can adopt zoning restrictions which are not overly restrictive or burdensome, similar to restrictions for adult uses or telecommunication facilities- dealing with time, place and manner requirements. Many communities in McHenry County have already adopted ordinances to address the regulation of these facilities. Most of the ordinances staff has reviewed require conditional/special use permits for dispensaries and cultivation centers and limit both to specific zoning districts. In addition to amendments to the City’s zoning ordinance several ordinances from the municipal code also need to be amended based on the Act and subsequent administrative rules which are approved. This would be done at the City Council level. Planning and Zoning Commission August 20, 2014 Page 6 Staff worked with the City attorney and Community Development Committee and drafted an ordinance regulating medical marijuana dispensaries and cultivation centers. Following is a summary of the proposed zoning ordinance text amendments: Medical Cannabis Cultivation Center: • Facility may not be located within 2,500 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. A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis 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. • Facility may not be located within 2,500 feet of the property line of a pre-existing property zoned for residential use. • Facility may not conduct any retail sales. • Cultivation centers (facilities which manufacture, package and distribute to individual dispensaries) be classified as conditional uses in the Business Park and Industrial Districts. • Medical Cannabis Cultivation Centers shall be classified as “Industrial-Manufacturing, Research, Testing” in accordance with Article VII Off-Street Parking & Loading Table 13: Required Parking Spaces for Non-Residential and Non-Lodging Uses. • 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. 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. • Medical marijuana dispensaries (retail places where medical marijuana can be purchased) are proposed to be classified as conditional uses in the C-5, Highway Commercial District. • 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. Planning and Zoning Commission August 20, 2014 Page 7 • 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. • 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. • 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. The Community Development Committee unanimously recommended to schedule a public hearing and present various amendments to the City of McHenry zoning ordinance and municipal code regarding medical marijuana to the Planning and Zoning Commission. Deputy City Administrator Martin stated it is staff’s recommendation for approval of the proposed text amendments to the zoning ordinance pertaining to the regulation of medical marijuana dispensaries and cultivation centers. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker inquired how large the cultivation centers are. Deputy City Administrator Martin stated it varies on how much they grow and the specific grade that is grown. They can be very large. Commissioner Doherty asked if you have a license is it possible for the center be anywhere from 7,-000 to 50,000 sq ft. Deputy City Administrator Martin stated a 7,000 sq. ft. facility would not be large enough to allow the center to stay in business. He stated he doesn’t have a specific number of square foot required for cultivation centers only. Dispensaries are generally smaller and for retail sales, possibly requiring 2,000-3,000 sq. ft. Both cultivation centers and dispensaries are very heavily regulated at the state level. This ordinance being proposed is generic and for zoning purposes only. Commissioner Bromley asked for confirmation that any business wanting to open here in McHenry would need to be approved here and then approved again through the state. Deputy City Administrator Martin stated everyone applying for these licenses has to go through the state. The window of application the state is allowing is only from August 8 through August 22, 2014. All requests we receive will be pending state licensure. Planning and Zoning Commission August 20, 2014 Page 8 Commissioner Sobotta inquired if dispensaries have the same security requirements dictated by the state as cultivation centers. Deputy City Administrator Martin stated the level of security is much higher for cultivation centers but the dispensaries have restrictive security requirements as well. In addition, dispensary sales are all electronically controlled. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:53 p.m. Commissioner Nadeau inquired if a regular drug store such as Walgreens or CVS would be able to dispense medical marijuana. Deputy City Administrator Martin replied they could not. Commissioner Doherty inquired if employees were required to take special classes or be licensed. Deputy City Administrator Martin stated cultivation centers have different criteria depending on whether they simply grow or how much they get involved in research and scientific studies, etc. Job skill levels could vary greatly depending on the operation. There will always be security, IT, and administrators employed. Some operations may contain technical science jobs as well. Commissioner Doherty inquired what penalties were in place for employee misuse or abuse while employed? Deputy City Administrator Martin stated while he doesn’t have the specifics immediately available, there are many rules that need to be adhered to for all employees of the facilities. Commissioner Sobotta inquired if the City has only been approached by businesses hoping to run cultivation centers. Deputy City Administrator Martin stated he has been approached by both. Commissioner Nadeau asked Deputy City Administrator Martin if he is aware of any other neighboring communities being approached. Deputy City Administrator Martin stated Woodstock has been approached for a dispensary. Deputy City Administrator Martin stated these operations are legitimate businesses and the City can’t prohibit them but we can regulate them to a point and need to have rules in place before we approve either. Staff based our ordinance off the ordinance in place in Naperville and needs to treat the businesses as ordinary manufacturing and/or retail businesses. Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-841, an application for approval of the proposed text amendments to the zoning ordinance pertaining to the regulation of medical marijuana dispensaries and cultivation centers as presented be granted. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Planning and Zoning Commission August 20, 2014 Page 9 Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-841 at 8:02 p.m. Public Hearing: Green Star Growing, LLC File No. Z-842 1515 Miller Parkway Use variance to allow the construction of a medical cannabis cultivation center under the Compassionate Use of Medical Cannabis Pilot Program Act and any other Variances required to effectuate the aforementioned request Chairman Strach advised the applicant for File Z-841, Green Star Growing, LLC, has withdrawn their application for a use variance to allow the construction of a medical cannabis cultivation center under the Compassionate Use of Medical Cannabis Pilot Program Act and any other Variances required to effectuate the aforementioned request. Staff Report The next meeting of the Planning and Zoning Commission will be Wednesday September 17, 2014. There is nothing finalized for that meeting yet. Commissioner Thacker asked if any followup has been done regarding the current signage at Miller Monuments. Deputy City Administrator Martin stated they have applied for a new sign permit. Adjournment Motion by Vallez, seconded by Thacker, to adjourn the meeting at 8:05 p.m. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:05 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry