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10/14/2014Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 1 DES PLAINES ZONING BOARD MEETING OCTOBER 14, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, October 14, 2014, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Saletnik, Hofherr, Schell, Porada ABSENT`. Szabo, Catalano ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:34 p.m. & read this evening's case. APPROVAL OF MINUTES: A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to approve the meeting minutes of September 30, 2014, as presented. AYES: Hofherr, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 415 Touhy W. Avenue Case Number: 14 -068 -CU Petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Medical Cannabis Dispensing Organization in the M-2 District. PIN: 08-36-101-029-0000 Petitioner: Prime Wellness of Illinois, 44 Independence Lane, Shrewsberry, MA 01545 Owner: Rubin Management, 3330 W. Dundee Suite S1, Northbrook, IL 60062 Chairman Seegers swore in Petitioners Sylvia C. Michas, Attorney at Law, Chico & Nunes, P.C., 333 W. Wacker Drive, Suite 1800, Chicago, IL 60606, Mark Canon, CEO & Steven Castans, Prime Wellness of Illinois, 44 Independence Lane, Shrewsberry, MA 01545, Al Domeika, RPh, Dispensary Facility Manager, Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 2 Prime Wellness of Connecticut, 75 John Fitch Boulevard, South Windsor, CT 06074, Laurence P. Mulcrone, Principal, REM Management Services, Inc., P.O. Box 5132, Lansing, IL 60438, Robert D. McKenna, Co -President, IAI, 200 West Monroe, Suite 2150, Chicago, IL 60606, & Avram Lothan, FAIA, LEED, AP, BD+C, Design Principal, Lothan Van Hook Destefano Architecture, 57 W. Grand, Suite 300, Chicago, IL 60654. Ms. Michas introduced the above team. Board Member Schell stated he had been involved in a book project about cannabis as an attorney. Ms. Michas offered a PowerPoint presentation & advised there is an existing auto body repair tenant within a multi -tenant building in Doris Martin Square. Prime Wellness LLC was established to operate Medical Cannabis Dispensing Organizations. Backgrounds of these owners were provided (some include being owners of dialysis companies, etc.). All bring many years of business management & healthcare experience. Prime Wellness of Connecticut was the first wellness cannabis dispensary in Connecticut. Photos of this dispensary were shown & explained. Proposed photos of the Des Plaines Medical Dispensary were illustrated. The space is 6,800 sq. ft. with operations in 4,000 sq. ft. Expansion will occur in the remaining 2,800 sq. ft. when needed. This dispensary complies with the Des Plaines Ordinance. Various staff & their roles were highlighted. In Connecticut, a sales technician is required to be a pharmacist. This is not required in Illinois. The patient must arrange a meeting with a sales technician. A brief history & process of the Connecticut location was offered. As the patient enters the vestibule, he/she will be greeted by Security, then identification will be requested, & approval will be obtained. The sales technician will then escort patient through the office & obtain care needs, via a prescription (in a soundproof room per HIPPA). When the amount & selection is established, the order is provided in an opaque bag & the patient is escorted by security staff out of the facility. Hours of operation are Monday through Saturday from 8 a.m.-8 p.m. Security hours are 7 a.m.-9 p.m. Employee hours are 7:30 a.m.-8:30 p.m. Equipment was noted. Mr. Lothan explained the office layout (identifying double doors, buzzed -in system, transaction counter, waiting room, rest rooms, etc.). He stated there is one way to enter the facility & another way to exit the facility. The delivery station works as the secure entry does. A truck arrives & is contained in a vestibule then product is locked in a safe/vault (with steel reinforcements). He noted there are layers of security. The back -of -the -house includes the bookkeeper's office, packaging room, employee break room along with lockers, kitchen, etc. Employees enter the facility through the same security network as patients do. A secure vestibule is at the exit location as well. Board Member Hofherr asked if there is a need for metal detectors. Mr. Castans responded — we don't see a need for it; don't have it in Connecticut; haven't had any issues. Ms. Michas explained the security plan. A patient does not have access to the back -of -the -house. Foot patrol will be conducted inside & around the perimeter on the exterior on a regular basis. It was noted that 23 cameras will be provided, 17 motion detectors, & 6 panic alarms. Tracking of the cannabis also takes place. In Illinois, a patient can only visit one dispensary. Money & product are stored in separate secure vaults. Ms. Michas highlighted community benefits. Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 3 Copies of a letter from William M. Rubenstein, Commissioner with the State of Connecticut's Department of Consumer Protection, were distributed. Mr. Canon stated the reason the Connecticut photos were shown is to dispel any misconceptions. When the facility there opened, all staff was shocked at the patients in wheelchairs, etc. The sole intent is to help the patients of Illinois who do not wish to go to CVS, etc. Chairman Seegers asked the Board if there are any questions. Chairman Seegers asked: • if the proposed Des Plaines facility will be ADA compliant. Petitioner advised — yes, in public & private areas. Ramping will need to be constructed. • if the existing facility is being remodeled. Petitioner advised— yes, as well as upgrading the facility. Chairman Seegers asked the Board if there are any questions. There were none. Chairman Seegers requested that Mr. Mangum summarize the staff report. Issue: Petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Medical Cannabis Dispensing Organization in the M-2 District. Analysis: Proposed Use Medical Cannabis Dispensing Organization Address 415 W. Touhy Avenue Petitioner Prime Wellness of Illinois, 44 Independence Lane, Shrewsberry, MA 01545 Owner(s): Rubin Management, 3330 W. Dundee Suite S1, Northbrook, IL 60062 PIN 08-36-101-029-0000 Plan of Operation Prime Wellness of Illinois proposes be open to the public from 8:00 A.M. to 8:00 P.M Monday through Saturday with employees present 30 minutes prior to opening and after closing. Six to Seven employees would be present with additional staffing added as necessary. Existing Use Vacant portion of multi -tenant Industrial/Retail building Surrounding Land Use North: Mobile Home Park East: Industrial South: Industrial West: Adult -Oriented Business Existing Zoning M-2 District, General Manufacturing Surrounding Zoning North: Unincorporated Elk Grove Township East: M-2, General Manufacturing South M-2, General Manufacturing West: Unincorporated Elk Grove Township Street Classification Touhy Avenue is an arterial street according to the City's Comprehensive Plan. Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 4 Comprehensive Plan The Comprehensive Plan recommends Industrial for the site. Medical Cannabis Background On August 1, 2013, Governor Pat Quinn signed Public Act 98-0122, entitled the "Compassionate Use of Medical Cannabis Pilot Program Act" into law. The Act, which had an effective date of January 1, 2014, authorizes qualifying patients that have been diagnosed by a physician as having a debilitating medical condition, as defined by the Act, to use cannabis without being subject to arrest, prosecution, or denial of any right or privilege for the medical use of cannabis in accordance with the Act. Under the Act, facilities to cultivate medical cannabis ("Cultivation Centers") and distribute medical cannabis ("Dispensing Organizations") are subject to specific statutory regulations as well as reasonable zoning ordinances enacted by municipalities. A summary of the Act is provided as Attachment 5. The statutory regulations limited the location of Dispensing Organizations to not within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use. Up to sixty (60) medical cannabis dispensaries throughout the State may be registered for operation by the Illinois Department of Financial and Professional Regulation. On February 7, 2014 the Illinois Department of Financial and Professional Regulation, Department of Revenue and Department of Agriculture posted draft administrative rules for the Illinois Medical Cannabis Pilot Program. The 151 pages of rules address regulations for medical cannabis dispensaries, taxation, and cultivation centers. A brief summary of these regulations is provided as Attachment 6. Some of the regulatory topics covered in the draft regulations include: security and surveillance video, hours of operation, geographic distribution of dispensary locations, and a prohibition on drive-through and delivery operations at dispensaries. On May 5, 2014 the City Council approved a Text Amendment that allows Medical Cannabis Dispensing Organizations as a conditional use in the C-2, C-4, M-1, and M-2 Zoning Districts. Attachment 7 is a map that demonstrates areas where dispensaries area prohibited and areas where dispensaries are allowed with a conditional use within the City per the distancing requirements in the Act and the City's Zoning Requirements. In addition to the State regulations, performance standards regulating signage, parking location, and parking lot lighting were included in Section 8.13 of the Zoning Ordinance. The State regulations allow a maximum of 1 Dispensing Organization within the Elk Grove and Schaumburg Township (District 31) grouping and a maximum of 1 Dispensing Organization within the Maine and Wheeling Township Grouping (District 32). According the Illinois Department of Financial and Professional Regulations a total of 214 dispensary applications were received statewide. Of those, 12 were received in the Elk Grove and Schaumburg grouping and 6 within the Maine and Wheeling Township grouping. The application by Prime Wellness of Illinois was the only application for a Conditional Use Permit received by the City of Des Plaines. Current Application Prime Wellness Illinois has requested a Conditional Use Permit to occupy an approximately 4,000 square - foot tenant space within a multi -use building in the M-2 Zoning District. The approximately 63,600 square Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 5 foot (1.5 acres) lot has 212 feet of frontage on Touhy Avenue. A single story, brick commercial building with multiple tenant spaces is present in addition to a Commercial Mobile Radio Service Tower, Billboard, and approximately 75 parking spaces. The building is currently partially occupied with auto body repair uses in the rear of the building and vacant retail spaces in the front of the building. According to the proposed plan of operation Prime Wellness of Illinois would be open to the public from 8:00 A.M. to 8:00 P.M Monday through Saturday with employees present 30 minutes prior to opening and after closing. Six to seven employees would be present with additional staffing added as necessary. The floor plan allocates secured back of house areas for product storage and customer areas in the front, separated by a service counter. The tenant space also contains an overhead door and interior truck loading bay accessed from the west side of the building. The site plans indicates that 19 of the 44 parking spaces to the west of the building would be designated for the use of the applicant. The requirement for a traffic study was waived based on the roadway capacity of Touhy Avenue and the existing and previous uses at the location. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Commend Medical Cannabis Dispensaries are a Conditional Use in M-2, General Manufacturing Zoning District, as specified in Section 7.4-5-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends an Industrial Use for this site. However, a Medical Cannabis Dispensing Organization is a Conditional Use in the M-2 Zoning District per a May 2014 Text Amendment to the Zoning Ordinance. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Medical Cannabis Dispensing Organization would be located within an existing structure. No significant exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Medical Cannabis Dispensing Organization are anticipated to be hazardous or disturbing to the surrounding neighborhood with the security measures as required by the State of Illinois. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 6 Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Medical Cannabis Dispensing Organization is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize existing curb cuts on Touhy Avenue. It is not anticipated that the proposed use would cause interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The following regulations are specific to Medical Cannabis Dispensing Organizations: 8.13 Medical Cannabis Dispensing Organizations. 8.13-1 Signage A. Signage for medical cannabis dispensing organizations shall be limited to one flat wall sign not to exceed ten square feet in area, and one identification sign, which may include only the name and address of the dispensing organization and may not exceed two square feet in area; such signs may not be directly illuminated. Exterior signs on the dispensing organization's building may not obstruct any building entrances or windows. Mandatory signage required by state or federal law will be permitted notwithstanding the requirements of this Section 8.13-1 or any provision of Article 11 of this Ordinance. B. Electronic message boards and temporary signs are not permitted in connection with a dispensing organization. Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 7 C. Signage may not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth, or any language referencing cannabis, marijuana, or other common colloquial terms for cannabis. 8.13-2 Parking Location; Screening. All off street parking for medical cannabis dispensing organizations must be located in an area which is visible from a public right-of-way or a private road that is accessible to the public. Off street parking for dispensing organizations may not be screened from the public right-of-way or private road with vegetation, fencing or other visual obstructions. 8.13-3 Lighting. Parking lot lighting must comply with the requirements of Sections 9.6-7 and 12.10 of the Zoning Ordinance. Conditions of approval require compliance with these specific regulations. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit request for the establishment of a Medical Cannabis Dispensing Organization, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. Prior to issuance of a Business Regulation Certificate, the Petitioner must submit to the City a photometric plan demonstrating that the maximum amount of horizontal foot-candles emanating from the Subject Property will not exceed 5.0 foot-candles at each property line bordering an industrial parcel and that the minimum amount of horizontal foot-candles within the parking lot will exceed 1.0 foot-candles. 2. At no time shall any of the required off street parking for medical cannabis dispensing organization be screened from the public right-of-way with vegetation, fencing or other visual obstructions. 3. A11 signage shall be in compliance with Section 8.13-1 of the Zoning Ordinance. Zoning Board of Appeals Procedure Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above- mentioned Conditional Use Permit for the establishment of a Medical Cannabis Dispensing Organization in the M-2 zoning district. The City Council has the final authority on the project. Chairman Seegers asked the Board if there are any questions. Board Member Porada asked Staff: • regarding the licensing procedure, this group & others applied to the State? Mr. Mangum advised yes • if the next step is to apply to local government to obtain permit, etc. Mr. Mangum advised — yes • if Petitioner is successful, the State will make the determination after local government approves? Mr. Mangum advised -- yes Chairman Seegers asked Petitioner: • if the design is based on the layout of the existing building. Petitioner advised — yes, the emphasis is on the interior Case #14 -068 -CU 415 W. Touhy Avenue October 14, 2014 Page 8 • if this is a long-term agreement. Petitioner advised — yes, a 5 -year lease Chairman Seegers asked if there is anyone in the audience who is in favor or objects. Ms. Michas stated that the neighbor in the audience received a letter as he lives within 300 ft. of the proposed facility. Chairman Seegers inquired if the neighbor is aware & stated same. Chairman Seegers asked the Board if there are any questions. Board Member Porada stated he is: • familiar with the firm, Chico & Nunes & asked if Prime Wellness is its client? Ms. Michas advised — yes, Marcus Nunes is a partner along with Chico; this is an attorney/client relationship. • concerned about any possible conflict & advised, as a protection, that Marcus Nunes is on record of being a contributor to the Mayor of Des Plaines. A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to recommend approval to City Council for the Conditional Use permit with Staff conditions as noted. AYES: Hofherr, Saletnik, Schell, Porada, Seegers NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Hofherr, to adjourn the meeting at 8:17 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners