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HomeMy WebLinkAboutPacket - 10/16/2019 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE DATE: Wednesday, October 16, 2019 TIME: 7:30 p.m. PLACE: McHenry Municipal Center (Council Chambers) 333 South Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Pledse of Allegiance 3. Roll Call 4. Public Input — (five minutes total on non -agenda items only) S. Consideration of Approval of Meeting Minutes: September 18, 2019 Regular Meeting; and September 24, 2019 Special Meeting 6. Z-954 Public Hearing —Conditional Use Permit to allow a Medical Cannabis Dispensing Organization at 408 S. IL Route 31 Applicant: Crystal Clear Compassionate Care Inc., 3350 S. Prairie Avenue, Chicago, IL 60616 Reauested Action: Conditional Use Permit to allow a Medical Cannabis Dispensing Organization Location of Subject Property: The Subject property is located at 408 S. IL Route 31 in a strip mall, east of IL Route 31 and north of Charles Miller Rd. 7. Staff Report: Next Regular Meeting Date: November 13, 2019 at 7:30 p.m. 8. Adjourn The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. City of McHenry Planning and Zoning Commission Minutes September 18, 2019 Chairman Strach called the September 18, 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: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Absent: Doherty. Also in attendance were 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 Walsh seconded by Lehman to approve the August 21, 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: None. Absent: Doherty. Motion carried 6-0. Public Hearing: Effingham Medical Farms LLC dba Justice Grown He No. 4-954 408 S. Route 31 Conditional Use Permit to allow a Medical Cannabis Dispensing Organization Chairman Strach stated this hearing will beheld at a future date due to a publication error. Public Hearing: City of McHenry File No. Z-955 333 S. Green Street Text amendments to the City of McHenry Zoning Ordinance: Article III. General District Regulations, Article V. Commercial Districts and Article XIX. Definitions to add regulations, location requirements and definitions of vape stores, vaping products, vaping, electronic cigarettes and e-cigarettes and any other amendments and/or regulations required Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No. Z-955 an application for Text amendments to the City of McHenry Zoning Ordinance: Article III. General Planning and Zoning Commission September 18, 2019 Page 2 District Regulations, Article V. Commercial Districts and Article XIX. Definitions to add regulations, location requirements and definitions of vape stores, vaping products, vaping, electronic cigarettes and e-cigarettes and any other amendments and/or regulations required. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 30, 2019. A Certificate of Publication is on file in the City Clerk's Office. Director of Economic Development gave the Staff report stating vaping is extremely prevalent in our society, particularly by young people. There has been at least one death and numerous illnesses attributed to vaping throughout the United States. Severe respiratory and other issues are linked to vaping and e-cigarettes. On February 18, 2019 the City Council discussed vape shops and the health risks associated with vaping. Following the City Council discussion an ordinance adopting a moratorium on vape shops was placed on the March 18, 2019 City Council meeting agenda and approved by the City Council, Director Martin presented a proposed text amendment to the City of McHenry Zoning Ordinance which regulates vape stores, products, vaping and electron ic/e-cigarettes. Vape stores are permitted in the C-5 zoning district. They must obtain a tobacco license; must be 1,000 feet from other vape stores, school, child care or children's recreation facility. Accessory use vaping products are permitted in all commercial zoning districts so long as the vaping products display and storage utilize less than 2% of the gross floor area of the authorized principal structure or 200 square feet, whichever is less. They must be ancillary to the principal use and a tobacco license is required. Director of Economic Development Martin stated Staff recommends approval of the text amendment to the City of McHenry Zoning Ordinance: Article III. General Residential District Regulations; Article V. Commercial Districts and Article XIX Definitions regarding vaping establishments. Chairman Strach invited questions and/or comments from the Commission. Commissioner Sobotta asked if there is an age restriction on buying vape products. Commissioner Strach stated the State of Illinois just changed the purchase requirements from 18 to 21. Commissioner Thacker asked if the 5 vape shops presently in McHenry were required to have a tobacco license. Director Martin stated he believes they were. Chairman Strach stated that since there were no outside attendees present the public comment portion of the hearing was closed at 7:41 pm. There were no further questions or comments from the Commissioners. Planning and Zoning Commission September 18, 2019 Page 3 Motion by Walsh seconded by Gurda to recommend to the City Council with regard to File No. Z- 955, approval of Text amendments to the City of McHenry Zoning Ordinance: Article III. General Residential District Regulations; Article V. Commercial Districts and Article XIX Definitions regarding vaping establishments. Voting Aye: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. Voting Nay: None, Not Voting: None. Abstaining: None, Absent: Doherty Motion carried 6-0 Chairman Strach closed the Public Hearing regarding File No. Z-955 at 7:44 pm. Staff Report Director Martin stated a special meeting has been scheduled for Tuesday September 14, a public hearing regarding text amendments for Adult Use Cannabis and there is still an October 16, 2019 regularly scheduled meeting. Adjournment Motion by Sobotta seconded by Lehman to adjourn the meeting at 7:50 p.m. Voting Aye: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None, Absent: Doherty. Motion carried 6-0. The meeting was adjourned at 7:50 p.m. Respectfully submitted, Shawn Strach, Chairman City of McHenry Planning & Zoning Commission City of McHenry Planning and Zoning Commission Special Meeting Minutes September 24, 2019 Chairman Strach called the September 24, 2019 special 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, and Walsh. Absent: Thacker. Also in attendance were Director of Economic Development Martin, Economic Development Coordinator Wolf, and Police Chief Birk, 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: City of McHenry File No. Z-956 Text amendment to the City of McHenry Zoning Ordinance including but not limited to: 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 XIX Definitions of the City of McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of McHenry Municipal Code pertaining to Adult - Use Cannabis. Chairman Strach called the Public Hearingto order at 7:34 p.m. regarding File No. Z-956 a request for a Text amendment to the City of McHenry Zoning Ordinance including but not limited to: 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 XIX Definitions of the Cityof McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of McHenry Municipal Code pertaining to Adult -Use Cannabis. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on September 7, 2019. A Certificate of Publication is on file in the City Clerk's Office. Director of Economic Development gave the Staff report stating duringthe last legislative session of the Illinois General Assembly House Bill 1438 (Cannabis Regulation and Tax Act) was passed, legalizing the recreational use of Cannabis in Illinois. Since this passage the Governor signed the bill into law, which takes effect on January 1, 2020. Imbedded in the preamble of the Act the State makes a clear statement advising that the regulation of recreational cannabis is a state matter preempting home rule bodies of government such as McHenry from instituting local ordinances that are stricter. The Act does however offer each municipal body of government the opportunity to either prohibit or restrict cannabis businesses within their community. The City Council discussed this topic at their September 3, 2019 meeting. The consensus of the Council was to allow one or two dispensaries in town. Security, signage, location and zoning were primary focuses of the Council. Planning and Zoning Commission September 24, 2019 Page 2 Staff prepared an ordinance which would allow adult -use cannabis dispensaries as conditional uses in 1-1, BP and C-5 zoning districts with location restrictions from other dispensaries (required by law) and 1,000 feet from schools. On -site consumption is prohibited and a maximum of two is permitted in the City. A signage plan is required with each conditional use permit. Over the course of July and August Staff met as an informal committee multiple times to review the law, collect information, and discuss the benefits, risks and concerns associated with cannabis businesses in McHenry. Director Martin reported information on what other McHenry County municipalities are doing and the benefits, risks and concerns involved. There are currently no medical cannabis dispensaries in McHenry County but several communities outside of McHenry County currently have at least one medical cannabis dispensary located within their corporate limits. He reported a municipality may "prohibit or significantly limit" the location of cannabis businesses by ordinance. If a municipality chooses to permit cannabis businesses to locate and operate within its borders, it may also enact reasonable zoning regulations that are not in conflict with the Act. This authority would include permitting cannabis businesses to locate in certain zoning districts but not others, and imposing generally applicable off-street parking requirements. Director Martin stated further, the Act explicitly authorizes municipalities to impose limits on the "time, place, manner, and number" of cannabis business by requiring the businesses to obtain conditional or special use permits. These limits must be reasonable and may not conflict with the requirements of the Act. He explained that determining whether a local restriction conflicts with the Act may be more difficult than the drafters anticipated. The licensing of cannabis businesses and the requirements ensuring compliance were summarized. Director Martin went over the draft ordinance being proposed and added he invited Chief Birk specifically to give background on text in the ordinance which specifically prohibits any dispensing organizations or similar business north of McCullom Lake Road, which is considered a major shopping district of town. Director Martin stated Staff recommends approval of text amendments to the City of McHenry Zoning Ordinance including but not limited to: 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 XIX Definitions of the City of McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of McHenry Municipal Code pertaining to Adult -Use Cannabis. Chairman Strach asked Chief Birk to give background information on limiting locations north of McCullom Lake Road. Chief Birk stated the decision was made for consideration of public safety as this type of establishment assesses specific risks in a major shopping district. Being filled with family oriented types of businesses and located farthest from the Police Department which Planning and Zoning Commission September 24, 2019 Page 3 would affect response times to incidents mitigates the overall risk to residents. Chief Birk further stated City Council made it clear they want no more than a maximum of 2 dispensaries in town. Chairman Strach asked if the state statute stipulates the 1000' distance rule from schools. Chief Birk stated it does not. Chairman Strach opened the floor to questions and comments from the Commissioners. Commissioner Sobotta inquired if there is any limitation on the number of medical marijuana facilities established in the City. Director Martin stated there is not. Commissioner Doherty inquired on the status of a medical marijuana dispensary at 618 S. Route 31 which was given approval by the Commission in 2017 and whether stricter sign regulations could be implemented. Director Martin stated the prior request for a medical dispensary was withdrawn by the applicant and never went before City Council, Chairman Strach stated any requests of this nature would need a conditional use permit and a sign plan will need to be submitted and approved by Planning and Zoning. Chief Birk added a consenting agreement will need to be signed by the applicant to verify the signage requirements are met as well. Clarification on the specific zoning areas of town that are C-5 (including Route 120 and South Route 31), Business Park (BP) and 11 were discussed. There were no attendees at the meetingto addressthe Commission in publiccomment regarding this matter. Motion by Lehman seconded by Walsh to recommend to the City Council with regard to File No. Z-956, approval of text amendments to the City of McHenry Zoning Ordinance including but not limited to: 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 XIX Definitions of the City of McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of McHenry Municipal Code pertaining to Adult -Use Cannabis. Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0 Chairman Strach closed the Public Hearing regarding File No. Z-956 at 8:00 pm. Planning and Zoning Commission September 24, 2019 Page 4 Adjournment Motion by Sobotta seconded by Lehman to adjourn the meeting at 8:00 p.m. Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. The meeting was adjourned at 7:45 p.m. Respectfully submitted, Shawn Strach, Chairman Planning & Zoning Commission [PLANNING AND ZONING COMMISSION STAFF REPORT Z-954 CONDITIONAL USE PERMIT AT 408 SOUTH ILLINOIS ROUTE 311 Applicant Crystal Clear Compassionate Care Inc. 3350 Prairie Avenue Chicago, IL 60616 Requested Action Conditional Use Permitto allowthe construction of a medical cannabis dispensary at 408 S Illinois Route 31. Site Information Location and Size of Property The subject property is located on the east side of Illinois Route 31 and consists of approximately two acres. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5 Highway Commercial, contains a multi -tenant building with Aesthetics Boutique, Meat and Potatoes, Brunch Cafe and Salon Te Elle Ce and a vacancy of approximately 3,156 square feet Adjacent Zoning and Land Use North: C-5 Highway Commercial District, Park View Plaza Strip Shopping Center and Vacant Land South: C-5, BP Fueling Center, Unincorporated McHenry County Mark's Tree Service East: C-3 Community Commercial, Vacant Land West: C-5, Vacant Land 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-954 CONDITIONAL USE PERMIT AT 408 SOUTH ILLINOIS ROUTE 311 BACKGROUND On November 19, 2014 a Use Variance to allowthe 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. This application was approved by the Planning and Zoning Commission but was never brought forward by the applicant to City Council. The Commission will also recall Phoenix Farms of Illinois presented a petition to the Planning and Zoning Commission which was subsequently approved by 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. Citv of McHenry Zonins Ordinance Resulations for Medical Cannabis Dispensaries Amendments to the zoning ordinance pertainingto dispensaries were considered bythe Planning and Zoning Commission and subsequently 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 forthe 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. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-954 CONDITIONAL USE PERMIT AT 408 SOUTH ILLINOIS ROUTE 311 • 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. • 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. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-954 CONDITIONAL USE PERMIT AT 408 SOUTH ILLINOIS ROUTE 311 STAFF 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. Conditional Use Permit Criteria 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. 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. The site does have multiple ingress and egress points LLLLLL however the ingress/egress is right-in/right/out to/from the site onto Illinois Route 31. 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 is a very busy center to potentially integrate a use such as the one being proposed. 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 sometimes several distances from the parking spaces to the building to patronize one or more uses. RECOMMENDATION PRIOR TO PUBLIC HEARING Staff has some concerns with the proposed request as stated and is not making a formal recommendation on the petition. 0 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-954 CONDITIONAL USE PERMIT AT 408 SOUTH ILLINOIS ROUTE 311 If the Planning and Zoning Commission wants to recommend approval, staff recommends using the recommendation below. Approval of a conditional use permit to allow a medical cannabis dispensary on the subject 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 apre-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 bythe 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 anytime 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 5 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-954 CONDITIONAL USE PERMIT AT 408 SOUTH ILLINOIS ROUTE 311 marijuana dispensary from the Illinois Department of Financial and Professional Regulation by December 31, 2020. Staff finds all requirements in Table 33 of the zoning ordinance have been satisfied. Attachments • Application packet • May 17, 2017 Planning and Zoning Commission Meeting Minutes [PLANNING AND ZONING COMMISSION STAFF REPORT Z-954 CONDITIONAL USE PERMIT AT 408 SOUTH ILLINOIS ROUTE 311 LOCATION MAP City of McHenry Planning and Zoning Commission Minutes May 17, 2017 Chairman Strach called the May 17, 2017 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:31 p.m. In attendance were the following: Doherty, Meyer, Sobotta, Strach, Thacker, and Walsh. Absent: Miller. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. Approval of Minutes Motion by Meyer, seconded by Sobotta, to approve the April 12, 2017 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None, Not Voting: None, Abstaining: None, Absent: Miller. Motion carried 6-0. Public Hearing: JAMILTAYLOR (JUSTICE GROWN) File No. Z-908 618 S Illinois Route 31 Use Variance to allow Construction of a Medical Cannabis Dispensary under the Compassionate Use of Medical Cannabis Act and any other Variances required effectuating the request on the subject property Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-908, an application for a use variance to allow Construction of a Medical Cannabis Dispensary under the Compassionate Use of Medical Cannabis Act and any other Variances required effectuating the request on the subject property as submitted by Jam!] Taylor, Justice Grown, 311 N. Aberdeen St. #300, Chicago, IL 60607. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on May 21 2017. 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 Jamil Taylor, VP of Business Development, 6331 S Kenmare, Chicago IL 60637 and Ashley Peterson, CEO Illinois, 3404 W. McLean. Chicago, IL 60607 who were sworn in by Chairman Strach. Mr. Taylor provided a summary of the request before the Commission at this Hearing stating Justice Grown is a business founded by a group of attorneys who had issues with social justice in making sure citizens in the US are served justly. He has been a Vice Planning and Zoning Commission May 17, 2017 Page 2 President with Justice Grown for a year and a half. They currently cultivate in Illinois being one of 22 licensees. Ms. Peterson stated she currently runs the cultivation center in Edgewood Illinois (Effingham County) and May 31 will be their one year anniversary. Mr. Taylor and Ms. Peterson went through a 20 page presentation about their company, background, history of medical cannabis and why McHenry County is a prime location as a dispensary to serve patients in the local area. Mr. Taylor gave his corporate financial background and wants to serve and educate people in the community to help understand why their product is medicine and how to use it safely and not abuse it. Ms. Peterson stated she was a school principal for Chicago Public Schools for four years and she taught for seven years prior to that. She left that role to right some of the wrong views in the community on medical cannabis and giving medical aid to people in the community with very few side effects. They explained the healing component of medical cannabis incorporating an overview of the industry. Mr. Taylor and Ms. Peterson referenced a Chicago Tribune article and quotes regarding safety of medical cannabis dispensaries. They noted there has never been a robbery or any issues with the organizations that are currently regulated in Illinois because the security is so highly regulated. Dispensary licenses are given out based on population. In 2016 there was $36 million in revenue and in April alone there was $6.6 million in revenue. There are approximately 500,000 people suffering from 40+ qualifying conditions and about 20,000 patients presently have legal medical cannabis cards with numbers increasing by 3000 every month. McHenry County was never awarded a dispensary license in the first run of licensing and there are about five licenses left to issue. McHenry County is densely populated and the City itself is a perfect location central to the county. There is a big demand for the product and the closest dispensary is in Rockford. Only 4000 sq. ft. of the 10,000 sq. ft. building will be used for the dispensary. The rest will be a community space used for education, yoga, and classes to help people in the community make lifestyle changes. The location is close to law enforcement, near medical facilities and has a one way in and out entrance which is not visible from the street. This location is good for anonymity and safety of clients as well. A percentage of proceeds is earmarked to the local school districts for things such as offering sponsorship of a DARE officer, partnering with drug abuse programs, sponsoring health fair events, and partnering with tenants in or near the park such as chiropractors, massage therapists, and working with veterans and groups suffering from PTSD. Mr. Taylor and Ms. Peterson encouraged anyone to call Effingham County and they will be given positive reviews of how Justice Grown operates. They want to be a positive influence in the community. The operation will have very high security sponsored by Eagle Security. There will be approximately 32 cameras for the 4000 ft. space covering every spare inch of the facility. Delivery of product is typically in the morning during daylight hours and a security guard is on staff at all times. Security procedures were presented. Illinois is operating a very tight ship in regard to security of these facilities with no incidents reported to date and they operate discreetly yet safely. The premises will not look like a head shop or smoke shop but will rather have a professional, welcoming and medical pharmacy facility design with very discreet signage. Planning and Zoning Commission May17, 2017 Page 3 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the requested action is a use variance to allow construction of a medical cannabis dispensary at 618 S Illinois Route 31 but also includes a 1,060 square -foot community space. The property consists of (two) one-story bungs, 618 and 620 South Illinois Route 31. Lot 2 can only be accessed from Illinois Route 31 by way of an access easement, which is depicted on the plat of survey. The current zoning of the property was presented. Director Martin stated 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. The Act is in place until July 2020. The Act permits one dispensary in McHenry County. The State of Illinois Department of Financial and Professional Regulation originally planned to issue 60 permits for dispensary centers in Illinois however there were a few permits for dispensaries that were not issued and no permit for a dispensary was issued in McHenry County. An update from the State of Illinois Medical Cannabis Program Pilot website was provided. Director Martin stated Phoenix Farms of Illinois presented a petition to the Planning and Zoning Commission which was subsequently approved by 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. Amendments to the zoning ordinance pertaining to dispensaries were considered by the Planning and Zoning Commission and subsequently approved by the City Council and include dispensaries as conditional uses in the C-5 Highway Commercial District. A definition and summary of the regulations approved for dispensaries was provided. The applicant is required to obtain a use variance 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, and the subject property is zoned 0-1. As part of the application process with the State of Illinois and in accordance with the provisions of the Act and accompanying administrative rules, Justice Grown 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. These requirements were presented and Justice Grown has included information in their application packet which addresses all state -mandated criteria. Form E of the City's zoning ordinance includes approval criteria to be considered when evaluating a request for a use variance. Five criteria which the applicant must satisfy to receive a positive recommendation for the request were provided. The two buildings on the subject property, 618 and 620 South Illinois Route 31 have been vacant for several years. The site is Planning and Zoning Commission May 17, 2017 Page 4 also unique for the simple fact that it meets the strict location requirements outlined in the Act. Additionally, Route 31 road improvements were recently completed which restrict access to the subject property and significantly limit the uses which could reasonably locate on the site. First National Bank closed their facility directly to the north of the subject property due to the access limitations. Director Martin stated staff does not believe the proposed use will alter the character of the area and that it will be a destination business. It is accessed off a major roadway and abuts vacant land to the south, a vacant building to the north, a multi -tenant office/medical building to the west and a cemetery to the east. The proposed use is a destination, provides a service to our community and will draw people from outside the City due to the limitation on the licensing of dispensaries. Additionally, Justice Grown is including a community space within the building and has made it clear they want to be active within the City and partner with the community. Director Martin discussed access and safety of the property. Photographs of the subject property and surrounding area were presented. Staff's primary zoning concerns pertaining to the proposed use include: safety and security for patrons of the proposed business as well as other businesses on Lots 1 and 2, deliveries and access to the business. If awarded a license, the operator of the proposed medical cannabis dispensary will be required to provide continuous uninterrupted video surveillance. Such surveillance must be available "real time" 24 hours/day and accessible by the State of Illinois. Staff presented an email in support of the project. Electronic video monitoring is defined as: "'continuous and uninterrupted video surveillance of dispensary activities and oversight for potential suspicious actions."' Due to the ambiguity and subjectivity of this provision staff would recommend 24-hour/day 7 days/week real time video surveillance to include the entire exterior perimeter of 618 South Illinois Route 31, as well as the interior of the building. This would include the north, south, east and west sides of the building, common parking area to the north as well as the ingress/egress to the subject property from Illinois Route 31. Director Martin highlighted the security and video monitoring requirements and stated if this request is approved staff will ensure the operator works with the police department to adequately satisfy this requirement. Additionally, staff recommends the operator maintain on -site security personnel during business hours which is already part of their plans. Staff wants to ensure the parking lot lighting standards comply with the minimum parking lot lighting requirements set forth in the City's zoning ordinance and recommends a photometric plan be submitted to verify this requirement is met, and if the lighting restrictions set forth in the zoning ordinance are not met staff recommends the applicant install additional/new standards to comply with the ordinance. Director of Economic Development Martin stated Staff recommends approval of a use variance to allow a medical cannabis dispensary on the subject property, at 618 S Illinois Route 31, and Planning and Zoning commission May 170 2017 Page 5 any other variances required to effectuate the aforementioned request in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, in substantial accordance with the conceptual architectural plan completed by Perimeter Architects dated 4.18,17 and subject to conditions as presented and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Director Martin presented an email and mailed correspondence admitting them to the record regarding the proposed use as well as an email received today from Ms. Laura Miller objecting to the use of the property as a medical cannabis facility. Director Martin responded to Ms. Miller's email with pictures showing the dispensary will be well over 1,000 ft. from any day care facility. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker asked for a description and frequency of deliveries. Ms. Peterson stated that rules and regulations for deliveries state deliveries must be randomized and that Justice Grown is open to coordinating with the McHenry Police Department which is something they do in Effingham County. The security officer on the premises will be unarmed but will be very well trained in other methods of security. Commissioner Walsh asked about the opiate abuse information given in the power point presentation on slide 9 and whether or not a reduction in the statistics has been realized. Ms. Peterson stated they have actually seen a reduction in the statistics on slide 9 since opening as well as reduced opiate overdose deaths and a reduction in Medicaid costs. Commissioner Sobotta how the delivery system of cash flow is handled. Mr. Taylor stated cash bags have tracking devices hidden in them and Smartsafes eliminate the cash till explaining cash goes in but none goes out by employees working similarly to an ATM. Prepaid cards purchased can be used which lessens the use of high cash retention building up in the facility. Mr. Taylor further stated the vault room is in the middle of the facility. Mr. Sobotta asked if there is a plan to put up fencing in the rear of building. Mr. Taylor stated they have considered the addition of concrete posts and planters but nothing is definite yet due to high security already in place. He further stated the product cannot be used inside or outside the facility and a security guard is always present. Commissioner Doherty asked how the product is packaged. Mr. Taylor answered there are many ways to use the product which comes in pill form, edibles, olive oil, diffused vaporizing cartridges, and flower buds used to smoke. All products are pre -packaged and dispensary displays are showing all three forms of packaging will be present — flowers, edibles, concentrates. Packages are all child resistant with tamper evident seals along with a list of information similar to prescriptions. Commissioner Doherty asked how soliciting clients is done. Ms. Peterson stated educational seminars are held with public speakers and people will not see commercials, radio ads or the like. Planning and Zoning Commission May 17, 2017 Page 6 Commissioner Walsh asked if people wanting to participate in the community outreach aspect will need a medical card to get in or if it will be open to public. Mr. Taylor stated the community space will be open to the public and the beauty of this particular space is that the outreach center has a separate entrance. Commissioner Meyer asked what stage of the licensing process Justice Grown is in and how long does it can take. Mr. Taylor stated they are actually in a limbo state with their application tucked away and ready to go. Governor Rauner has not opened up the applications yet and each one is typically 500 pages long. The second round of applications is expected to open up this year and Justice Grown is trying to be proactive. There are only 5 licenses remaining in the entire state. Commissioner Strach asked if finding a location is part of the application process. Ms. Peterson explained as part of the process a facility must be earmarked and approved before the facility application can be touched so this is part of the process to help with approval of a license. Commissioner Thacker asked if they have any idea of the number of residents in McHenry County currently holding medical cannabis cards. Ms. Peterson stated a nearby dispensary said they do not have access to that information but McHenry County residents are currently travelling over an hour one-way to get to medical cannabis dispensaries. Commissioner Doherty asked if the use of the dispensary will be open to out of state residents and the typical hours of operation. Ms. Peterson stated it can be used by Illinois residents only and hours of operation are typically six days a week from 10 a.m. until 6 or 7 p.m. Patients are regulated to a maximum 2.5 ounces every 14 days which is trackable. Commissioner Doherty asked how they donate money to schools and help educate students. Mr. Taylor answered doctors and health experts are invited in and compensated to speak sometimes explaining the way to use it as medicine including presentations by and for the Substance Abuse Coalition. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Amie Kennedy, 7511 Hiawatha, Wonder Lake IL came to show support. Her husband has MS and has had years of pain and suffering taking much medication including opiates over the years without any relief or success. The family physician suggested the medical cannabis route for Mr. Kennedy to try and get relief. Ms. Kennedy works in the healthcare industry and was skeptical at first but after visiting the dispensary with the medical cannabis card and being educated on the program she has changed her opinion and realizes alternative choices need to be made available to patients in addition to mainstream medical care. They presently now need to travel over an hour to a dispensary but her husband has a much better quality of life now than he has for the past 10 years. Planning and Zoning Commission May 17, 2017 Page 7 Dave Trost, 414 N Shepherd Hill Lane, McHenry IL was very impressed with the program and the amount of thought put into it. Mr. Trost thinks it is needed in the community and believes it is in total compliance with the regulations as well as being able to provide needed tax dollars to the city. Sophia Giblin, 4605 Loyola Dr., McHenry IL came to show support. She is certified to dispense medical cannabis in the state of Illinois. It is highly regulated and somewhat micromanaged but quite helpful to patients. Kaylie Hukirk, 1447 Todd Farm Drive, Elgin IL said she was one of the first employees in Illinois to dispense medical cannabis. She has helped the two major advocacy groups in Illinois to sign up over 1000 patients prior to the program's existence. She presently works in a full service wellness center in West Dundee and they believe in Justice Grown's work due to the huge gap in the medical industry for alternative patient services along with education and holistic lifestyle changes. Kaylie is highly impressed with Justice Grown's educational aspect and services being provided for the community. She further opined an opiate epidemic is here in the City and the County and if the community supports this it will be quite beneficial toward healthier residents and a decrease in crime. Chairman Strach closed the public comment portion of the hearing at 8:36 p.m. Director Martin stated this is a recommending body to make recommendations to City Council and anyone with questions or concerns or wanting more information should contact him directly. Motion by Meyer, seconded by Walsh, to recommend to the City Council with regard to File No. Z-908, approval of an application for a Use variance to allow a medical cannabis dispensary on the subject property, at 618 S Illinois Route 31, and any other variances required to effectuate the aforementioned request in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, in substantial accordance with the conceptual architectural plan completed by Perimeter Architects dated 4.18.17 and subject to the following conditions: Facility may not be located within 1,000 feet of the property line of apre-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; Justice Grown 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 Justice Grown 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 618 South Illinois Route 31, including the north, south, east and west sides of the building, common parking area to the west of 618 South Illinois Route 31 as well Planning and Zoning Commission May 17, 2017 Page g as the ingress/egress to the site. Additionally, equipment encompassing the interior of the building, common hallway/entrance and entire space of 618 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; • Justice Grown 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 use variance 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 proposed dispensary on subject property shall comply with said regulation; • Use Variance for a dispensary on the subject property shall be null and void if Justice Gown does not secure a license to operate a medical marijuana dispensary from the Illinois Department of Financial and Professional Regulation by December 31, 2018 be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Miller. Motion carried 6-0. Commissioner Thacker thanked Justice Grown for providing an extremely professional and informative presentation at the hearing. Chairman Strach closed the Public Hearing regarding File No. Z-908 at 8:38 p.m. Public Hearing: UTOPIAN ROAST LLC File No. Z-909 1252-1254 N Green Street Conditional Use Permit to allow assembly use, along with a coffee shop FORMA File Number Z " g 5y P UBLIC HEARING APPLICATION Planning and Zoning, Commission City of McHenry 333 $auth Green Stieet'e 14fcHenry, IL 60050 � Tel: (B15) 363-?L`70 �rAx�(815).3G3-2i731 1. Nnine ofApp[ cant Crystal Clear Compassionate Care Inc. Tel 312-342-9026 Address 3350 S.,Prairie Avenue, Chicago, ]Z 60616 :Tax 2. 'ATa'ttte.ofPr6neitgD�vire'r R.J. Properties, LIC Tet 815-482-1938 (If other than Applicant) Address. 3321 'S. Route 31, Crystal Lake, IL 60012 Fax 3. repiaseitted) N/A Fax 4. Name ofAttonrey 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. Commen Address or Location of Property 408 S. Route 31, McHenry, IL 60050 6. Re2tit:sted Acfion(s)'(ahecknll that ajiply)_ _ZanitigMap Amendment (Rezoning) X ;Conditional Use Peunit Zoniirg Variance _ Zbiiirg Variance - Mingr — Zoning Tent Amepcfineg} _Other Provide a brief description of the Requested Action(s). For example, the operation that t•8nuheS a Coirditional IIse Pei•init, die specific Zoning Variance needed, or he na�V _zoning classification that is reduested:- Conditional Use Permit to allow a Medical Cannabis Dispensing Or anization irr an ex>.s ing zon aci i y in accordance with the City of McHenry Zoning Ordinance. FdItTvl A Page l of 3 i. Current ,CIsSo£Fiupet3y . The property is located in a C5 zoned property existing muiti-tenant tamilty. The current space is vacant. $. C�trreiiYZ:oting_C7assif�;r�pnofl�roperly,Iuotucfiiug�acianaes.<isGgfidiGpiialll�e� The current zoning is C5. `9 Gurreiit ding Classltication anil.Larrd Use pgAtljDiningPr4pert[es NcztG� C5 5ot�tti C5 East . M West- C5 LO:.�te4iuicd Attaahmenls (ci4eck all items.Satiniittedj Please iefer"tb Tfie bpblie *eerlIlgRequ>}eniehts Cliec�isYtq detepuie tlte�equi�ed .'sttaclimcnts, (amounts".$ 950.00 (Previously paid) FORtvI 4-Pubficl3eaungApplicahon i'ORT? B'-�ning A�Iaap Ameiidiitent �Rezflitng� Al?pficatroiY F:.CSRIaI C-.Conditional Use Application FQRM br._7hpiiig Srariauce Application URIvf E -,Use Varaance-Applic.Ation. Proof :pf Ownership and/or Written, Coment from A avit lylatof 8nrvey witlrl egal Dzseriptioli d Propecty :.btianer ih the Form of an fiy t(ic.Cii}�.to beposted 6y: the:Applfcant} ofBciilding Eleyyatit7ic5 Pei�fok�tatice SttiiderdS Traffic Analysis ohooi.lrnpact AnaLgsi8 F0J'(:li�i A Page 2 0£3 i t, Dtsclosatc of lntendst Tltepatty s(gnirtg the application shall be ¢ogQk(etpd dha hppljoant. The Appli¢autmust ltetha otvrrer or trustee of record, tivlst beiieftelary, kssee; aonttaet parobaser; all: option liotdeit of the sobjevt. property or his or her agent or nominee, iplicantis Not•Ciwner zf the Applicant is not the owner of record of the subject propellyi the application shall disclose 4 id fdgol onpaoltyof the Al ficntt end the fullputne; address, and telephone hufn6er of die atvaex(s). Tit addidot4 att:afftdavit.of the owuers(s) shall be filed with die application statmg that the Applicant -has f11e aetitovity flom the owners(s).to make, the applieaton, t4j2Alicmttar t?wnar 3s Corooraflon,orPartnersltip if ilto A00cant; otVme , Contract purchase ,• pppGon holder, gr arty benefioiaty of a land trust is a eorporatton or pattnar'shlp, tiie applioaffott_siiall. disclose t1whame and address of'tlte ddrporatfon`a Boats), aftegtors;• and registered aggnts, or the poiinership's general partners' and those shareholders oh liut9ted pndlhees ¢wring m ajipeg of five pcic@ut .of. the cutshuidutg stook dr iutet"t. iil th6 corpotatton oPinterestA nted by'ffie limited partners, ��irqutof Dinner. is aland Tiust. It the Applicant or ohvlrer is •a land trust. or other trust or trusteethereof,. dte fill name; addresst telapfiorie nirgthet; and extent of intowd(Qfeach beneiiclaiythall be aiocloaetl In the epplieatlbn. I2. Ccr'fifie$kfau T h@raby ¢acd£y that I nm atVare of air code requirements of tba City of MisHemy Htat relate.fi this. property and thattlre tingposetl use or.davelopineritdescribed hr thfs applioatton s11dQ' comply tvitir.ali such aodea. L keraby retjuest that a pnblle lieatvig tD consider tlii's applicstidn be. herd before Hte. Rlatmiug and Zoning Corurnission; and thereafter that a reconunendntion he forwarded to the City f nunoil flu the. adoption• of ran ordntance(s}.griulting the Yectuastod itctlon(s), inalttd)ng pny.rnoili$oaYiops. to Htie application or cgndiiions of approvalraeoinmended by4he tionilig lidaed dfAppeals.or City Council. Signature of Appticaatfsl ri mtlVame and pasigthation.of Applicaut(s)/ J' J /� _ 9 / *7 Mitch ZavediilC SeptgnL�x� lL., 2019 Authorized Agent FORNt A Page: 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. I OI2M C rile Number Z �I sx C UNDMONAL USL PLKMJ-- ` PIanning and Zoning Commission City of McHeiny 333 South Greeiiy, IL 6t1050 o Tel! (81i) 3d3-2170 Fax; (815) 36$ 2173 Table 31 of the City of McHeniy Zoning Qrdinanee provides that in reoouvnending approval or conditional .approval of a Conditional Use Permit, the Planning and Zoning.Conimission shalltransmit to. the City Council written findings that all ofthe conditions listed below apply to the requested .action. Please respond to eaclrof these conditions as itrelates tayour areonest: 1. Traffic Any adverse impact of types or volumes of thaflic 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 contiolled. The proposed use should not create any environmental nuisances. 3. Neieliborhood Character The proposed iise will ft harmoniously with ttie existing natiirstl or man-made character of :its surroundings and with permitted uses m the zoning district, The rise will not have undue deleterious effect on the environmental qunlity, 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 wi nious y i in o e exis ing cen er. rORlvl C Page 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 orfacilities, 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 norms y expected in the C5 use s is . 5: Public Safety and Health The pooposed use will not be detriinentat to the safety or health of the employees, patrons, or visitors associated with the usenorofthe generat 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 vicrxn y. G. 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. FO}3i41 G. 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, 815444-8844 Crystal Clear Compassionate Care Inc. Owners/Officers: MARIA DAVIS (50% owner), President 3350 S PRAIRIE AVE CHICAGO, IL 60616 Ph. (312) 342-9026 CRYSTALANDERSON (50% Owner), Secretary 1235 S. PRAIRIE, #200 CHICAGO, IL 60605 Ph. (773) 44T5726 By: Crdig S. Krandel, Attorney z-1sy Now comes Rosemary Swierk, Manager of RJ. Properties, LLC and being first duly sworn and upon oath, and states as follows: 1. That R.J. Properlies, LLC is currently the owner of the property commonly known as 408 S. Route 31 McHenry, EL 60050 2. That pnrcnant 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. l WO-i - =1 CL Rosemary Swierk, Manager SUBSCRIBED and SWORN to before me this I ma day of September 2019 �3 OTARY PUBLIC Prepared By: Craig S. Krandel Timm & Garfinkel. LLC 407 Congress Parkway Ste E. Crystal Lake, IL 60014 (815)477-7476 OFFICIAL SEAL LOR1 VEE EAS1WOOp NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION EXPIRES:0712822 �-cls(y Now comes Rosemary Swierk and being first duly sworn 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- 14 Rosemary Swierk SUBSCRIBED and SWORN to before me this 16th day of September 2019 % NOTARY PUBLIC Prepared By; Craig S. Krandel Timm & Garfinkel. LLC 407 Congress Parkway Ste E. Crystal Lake, IL 60014 (815) 477-7476 OFFICIAL SEAL LORI 4EE EASTWOOD NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION E) IRES:02=2 z , 7EY — e•� Fx-.as.M1n e.ow<4t®xn.n Wa p Q m — N 5 mTmlq RZ C � i w�g�g 4 ya o e g B m. 3' a gall a i ! s $ JOWL x W $i Ff`39 0 L { 84 coo Vol op a3s?"�a...yi3gr 01 t d Yi s$ ES LL. laws 64F@{e; g ee£ PEES �it si`;g 4 q ga za3€gss{ 1 € =F I PS AV a eas a g0-sa J €s. =�t3€k$= a yea �s:va F ¢€ $G� v4- a 3 �€EFo4g3� ^. 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DISPEN$ARY'S REGISTRY low#x ng 4•. CITY: ►plc 51 a1iowyl 9: TIP COOEi ear Mc�ieptr TTaapp9¢aptIsp¢lely" pang141N(o:�risudngUepoposed.l¢gallon;laviiptinQIsJ110bpuadettes,Iscprnpllpgt15tithSeoilan_tli0(d)andI40dfindAaland,Ip (d a Woelion Ural inheta minimum zaNngragUlremeals,. AppUeanla,"musLnolBpp)yvilha"prppodad-Mpandary: addrasB.fAurneoda la he mvi(Mbd, NOTEaEg plopoeod loaallnn (e qot Ihiazah(ng6losfrydellon�lhet.allawa. faropenllnrrefametlicat:gafinxb)q d(apenetry(hen�4fe lapetlnn'Iq nan;oompllanrand ya6r§ppilcatian Wlll bedlsgaali&6 CHECK'ALL THAT APRLY .7, kreiherebhalzon(np:residclfansape¢@aloe:medl¢alcAnnabisdlspensary,at.IhaproposedWealton? _ YSS No ]Espplloa6ta; is (tie locatipn.of ih$ proposed ms(llcai mnnpbls tlispensary.tn cq npdance:wll)rminimum to "' 001411 r011760aJfs to rited(baCcapnglEl$ dlspansar(ea? Yes. No .9: tt•appfleebje; has dhe.proposeddlspens)ng, orgonliation bled @daquest with the Ioral zoning author(ly fora d(spen5ary ll7 ®Yes []!No use peirnlUspeclafuee perim IPa tolling faquastwas glad but has:ndl been: sp road, the Yhntn".detenillnaUoa is i+xpeolAd to Ge issued in approximately Zttivs WEIRSLi Mounts (checkone) 10, Is IBs" prgpdsa(1 I¢callon In compliance whh 9ec(lon,13g(dJbf theArt9 YSg 114 Please conflah theBosaB 7l010.%6660 are True and accurategndertho local zoningdrdinance, l��rec�or o f Fco�Orki c ap. Cr" y o �c1TeA T1t(eofthe Authonz'ed'boni%—Kgpresenta(We Name. of theL"'al;Jurisdidlon Vsl.S Punted Name Telephone Ngmber (Pratt �— —'— re / Date ALQ*. Section ldd(d)of the Madlaat Cannabis Phot Program Adslales ln.peNnenlparl .(d)Atlisp"da6taiaytgaalY@Ildn.rrioy noi'np Ioraledvdthln I,W6fedl;dllhe. prbpady flea bt.a praaKlsfing pubP6 ur piiv619'pr85ATfoal ar eloinentery brsecondary,•s¢hool ordaq.eare.cenrer, day,wm homa:.groep.dgy.eam home,.orpart day child care (adgty.A*Istered dbpanoin_gcrgakolbd may hdl oe_ka2lad"In a itouse,.ppar4npnl, pphtloMlydGtir; or414preaong0rdr rgsidenool uep, 'lide$•23gs ilara �4s- IMPORTANT NOTICE: ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUPPORTING DOCUMENT Completion of this form Is MEDICAL CANNABIS �A MC� [ocessary consumrn connection for Ilconsuro in connoclion With the MedicaiamAel Cannabis DOCUMENTATION OF PROPERTY OWNERSHIP Pilot Program Acl, ILCS PROP 910 190 and 681AC 1290. law- i. NAME OF ENTITY APPLYIx FOR A DISPENSARY 6GISTRATION 2, MEDICAL CANIJABI8 DISTRICT NUMBER 3. Ah1E OF OWNER OF HE PHY ICAL ADDRESS OF THC• PROPOSED DISPENSAHY �. PHYSICAL A01 RESS OF THE P OPOSED DISPENSARY �b8 S r ©lei e 3 5. CITY tM(Aen ri 0. COUNTY McAcr i 7, YIP COOS d(M� U 0, IS APPLICANT ALSO THE PROPERTY OWNER? YES e'NO 9. IS THE PROPERTY SUBJECT TO A MORTGAGE? YCS ❑ 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. J, rn�f�v�iPS, CLC Bl� y�/y gw Property Owner Name Phone Number Properly Owner Signature Dale Subscribed and sworn to before me this Q day of &�, 20 63�. pOpNotary =PUBLSTATEPublic OF ILLIN0ISES:G2l28YG2 IL486-2111 8114 Law Offices of Timm & Garfinkel, LLC October 79 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: 407 Congress Parkway Suite E Crystal Lake, IL 60014 (F)815-333.0480 www.lteleeal.com Craig S. IGandel (D)815-477-7476 dcl@ltglezal.com 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 healirlg on October 16'. Sincerely, TIlVIIM & GARFINKEL, LLC r 3y aig 4S. 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) o m 1 rr- �_ �9 z 1 A m m m 1 N o m z 0 C L IrTI 3 M mm ao aom n -O 3 a m m gm °�,m W4om m r r a r MU r 0 D A D W c N �-p N N Z O 0 N cai Z A4 CD m a ffl r (10a p o m p r p- m = D { r ,a T m CO) m © r=, 1 m' z rm b A O®� o y ©�JLCJ z D� m(� m� ! �m z �j z p� OZ c rq O Z 90 D loo mp cD F� mz Dx on EO{ C) �0 Z DQ° �m m X A Z ram, - 00 a u — u R' � D i 0 T C1 m r>, a x �^ O Rosemary Swierk From: Sent: To: Cc: Subject: Craig. Please see below. Thanks Jahn Swierk, AIA President,NCARB LEED AP BD+C arths'i etU Direct Design Ltd. Carroll Associates 33215. Route 31 Prairie Grove, IL 60012 C. 815.482.1942 John Swierk <jswierk@ddcaarchitects.com> Tuesday, October 1, 2019 10:40 AM Craig Krandel rosemaryswierk@gmaii.com FW: Zoning Support Fram: 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 Zatas 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 aSslt (-t eCf4 Direct Design Ltd. Carroll Associates 3321 S. Route 31 Prairie Grove, IL 60012 C. 835.482.1942 From: dhavana6(c�aol.com <dhavana6(a�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 I 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