April 13, 2015 Plan Commission Meeting

To:
Sycamore Plan Commission
From: Brian Gregory, City Manager
Date: April 9, 2015
Re:
April 13, 2015 Plan Commission Meeting
The Plan Commission has four action items.
I.
Action Items
A. Consideration of a Request by IDEAL Industries, Inc. for a change of zoning of a
portion of parcel number 09-05-351-017 located in the City of Sycamore from the
current zoning of M-1, Light Manufacturing District to M-2, Heavy Manufacturing
District.
IDEAL Industries intends to construct a 200,000+ square foot facility in the Sycamore Prairie
Business Park. The proposed building will be located on a 33 acre site shown as lot 2 on the
proposed final plat (attached). The majority of the zoning of the business park is M-2, Heavy
Manufacturing, however a 300 foot strip of M-1, Light Manufacturing is located on the east side
of the property. The proposed building will have over 200 feet of rear setback along with an
existing landscaped berm to provide separation between the business park and the adjacent
Somonauk Meadows Subdivision.
In an effort to prevent the building from bisecting two zoning classifications, IDEAL Industries
has requested that the eastern 95 feet of the building footprint be rezoned from M-1 to M-2
Zoning. The petitioner plans to operate the same processes it has at its current location near Park
Ave and Borden Ave. The construction of the building includes pre-cast concrete walls that are
thicker than basic designs, doors have been limited in the eastern wall to a drive-in dock with a
man door and an employee entrance and the landscaped berm was installed approximately
twenty years ago to serve as a buffer.
The rezoning would classify the entire building as M-2, Heavy Manufacturing. Absent such a
change, the Unified Development Ordinance suggests that the least restrictive zoning would
apply to the lot, which is contrary to the prior zoning ordinance and the annexation agreement
that established this portion of the park. Staff has reviewed the request and site plans and feel
the appropriate step is to utilize the zoning change process to ensure public input as well as
review by both the Plan Commission and City Council. The steps outlined in this process will be
added to UDO requirements for buildings that bisect zoning districts to ensure public notification
along with Plan Commission and City Council review.
A favorable recommendation to the City Council is requested.
B. Consideration of requests by Ken Nelson, on behalf of Meadow Ridge, LLC and MB
Financial Bank, for a zoning map amendment relating to parcel numbers 09-08-100-010
and 09-08-100-011, located in Somerset Farm P.U.D., a Planned Unit Development, in
the City of Sycamore from the current zoning of C-4, Mixed Use District to R-3, MultiFamily Residence District in accordance with Article 4.8 of the Unified Development
Ordinance of the City of Sycamore and a request to amend the Final Development Plan
(and Plat) for Somerset Farm P.U.D.
In 2013, Meadow Ridge LLC purchased the remaining residential lots in the Somerset Farms
subdivision located off of Bethany Road between Peace Road and Somonauk Street. Somerset
Farms is an age restricted community and development activity had all but ceased during the
aftermath of the recession. Since Meadow Ridge purchased the property, development interest
has steadily increased with several new units being built in Somerset Farms. As a result of the
steady demand the number of available sites is diminishing.
The development originally included two mixed use outlots along Bethany Road at a time when
a high frequency of strip malls were being built. Meadow Ridge is interested in purchasing the
outlots to develop five additional four unit aged restricted residential buildings.
In January, the Plan Commission held a workshop to review conceptual plans that included five
quad style buildings on the mixed use outlots. All of the units would be designed in a manner
and constructed with materials consistent with the existing buildings in the subdivision.
After positive feedback from the Commission the petitioner has moved forward to request
amendment to the zoning of the property from C-4, Mixed Use to R-3, Multi-Family Residential
along with the a Phase Two Planned Unit Development Final Plat.
Staff has considered this request conceptually and feel the plan is consistent with several of the
goals and objectives of the City’s comprehensive plan. Residentially, the plan calls for the
pursuit of senior living neighborhoods and taking steps to ensure future housing stock appeals to
multiple segments.
The comprehensive plan encourages commercial development to be clustered at strategic arterial
and collector crossroads with clearly defined entrance points. Given the way our community has
developed with a “hard commercial corner” adjacent to Reston Ponds and significant commercial
opportunities in the Menard’s subdivision, Thanks America subdivision, Three Sula
Development off of Bethany Road and Sycamore Crossings in the general vicinity, staff feels
there are ample, more logical commercial opportunities for commercial or mixed/use type of
development. Additional commercial properties at Peace/Plank and Route 23, Primm Prairie
subdivision, Peace Crossing and the commercial area in front of the Townsend Woods
subdivision off of Route 23 are available. These areas are identified in the comprehensive plan
as areas where more intense retail development will be promoted.
The Building and Engineering Department has reviewed the technical aspects of the Final Plat
and find them in order.
A favorable recommendation to the City Council is requested.
C. Consideration of a Request from Healthway Services of Illinois for a Special Use Permit
to operate a Medical Cannabis Dispensary at the property located at 2814 DeKalb
Avenue in Sycamore, Illinois, PIN number 08-12-402-009.
This request from Healthway Services of Illinois is for a special use permit to operate a medical
cannabis dispensary at 2814 DeKalb Avenue in Sycamore. The State of Illinois has one permit
available for the district that encompasses DeKalb County and will ultimately decide between
applicants that meet local zoning regulations. Therefore, the granting of a special use permit
does not guarantee that a medical cannabis dispensary will be operated at the requested location
as the State may choose to award the location to a petitioner in another community within the
district. The petitioner desires to convert the former Lion’s International Building into a medical
cannabis dispensary if approved at both the local and state level.
MEDICAL CANNABIS BACKGROUND
In 2013, Illinois became the 20th state to legalize medicinal marijuana. The law includes a fouryear pilot program where people suffering from one of more than 30 serious illnesses could get a
prescription for marijuana. State-wide cultivation centers will be constructed to grow cannabis
for medical purposes, with only one allowed for each state police district. The cultivated
marijuana will be available by prescription to patients with debilitating medical conditions at
dispensaries.
Collectively, the Illinois Medical Cannabis Pilot program will be governed by four State
Departments; Department of Agriculture, Department of Financial and Professional Regulation,
Department of Public Health and Department of Revenue. More information can be reviewed at:
http://www2.illinois.gov/gov/mcpp/Pages/default.aspx
The following information is taken from the Illinois Municipal League Legal Brief and Illinois
State Statute.
WHO MAY USE MEDICAL CANNABIS?
In order to be designated as a “qualifying patient” a person must be diagnosed by a physician as
having a debilitating medical condition. The statute lists 33 medical conditions that qualify.
According to State Law, “debilitating medical conditions include the following:
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Cancer
Glaucoma
Positive status for human immunodeficiency virus
Acquired immune deficiency syndrome
Hepatitis C
Amyotrophic lateral sclerosis
Crohn's disease
Agitation of Alzheimer's disease
Cachexia/wasting syndrome
Muscular dystrophy
Severe fibromyalgia
Spinal cord disease, including but not limited to arachnoiditis
Tarlov cysts
Hydromyelia
Syringomyelia
Rheumatoid arthritis
Fibrous dysplasia
Spinal cord injury
Traumatic brain injury and post-concussion syndrome
Multiple Sclerosis
Arnold-Chiari malformation and Syringomyelia
Spinocerebellar Ataxia (SCA)
Parkinson's
Tourette's
Myoclonus
Dystonia
Reflex Sympathetic Dystrophy
RSD (Complex Regional Pain Syndromes Type I)
Causalgia
CRPS (Complex Regional Pain Syndromes Type II)
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Neurofibromatosis
Chronic Inflammatory Demyelinating Polyneuropathy
Sjogren's syndrome
Lupus
Interstitial Cystitis
Myasthenia Gravis
Hydrocephalus
Nail-patella syndrome
Residual limb pain
The Department of Public Health may approve additional conditions. The patient must be
diagnosed by a doctor of medicine or osteopathy who has a current controlled substances license.
Other medical professionals are not authorized to recommend a patient for medical cannabis.
ARE THERE RESTRICTIONS ON LOCATIONS WHERE MEDICAL CANNABIS IS
USED?
There are limitations on how and where medical cannabis may be used. A registered qualifying
patient or designated caregiver must keep their registry identification card in his or her
possession at all times when engaging in the medical use of cannabis.
It is illegal to possess medical cannabis:
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on a school bus or on school property
in a correctional facility
in a vehicle, except in a sealed, tamper-evident medical cannabis container
in a residence used to provide licensed child care or similar social service care.
It is illegal to use medical cannabis:
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on a school bus or on school property
in a correctional facility
in a vehicle
in a residence used to provide licensed child care or similar social service care
in a public place where the user could be observed by others
in proximity to a minor.
It is illegal to smoke medical cannabis:
• in a public place where the user could be observed by others
• in a healthcare facility
• in any location where smoking is prohibited under the Smoke-Free Illinois Act.
A private business and a college or university may prohibit or restrict the use of medical
cannabis on its property.
HOW IS MEDICAL CANNABIS GROWN AND SOLD?
A qualifying patient must obtain his or her medical cannabis from a dispensary, which, in turn
must get the cannabis from a cultivation center.
A dispensary is operated by a business or organization that is licensed and regulated by the
Illinois Department of Financial and Professional Regulation. The statute allows for up to 60
dispensaries “geographically dispersed throughout the State.”
A cultivation center is operated by a business or organization that is licensed and regulated by
the Illinois Department of Agriculture. Cultivation centers are subject to a strict set of rules to be
developed by the Department of Agriculture, including labeling and cannabis testing
requirements, 24-hour video surveillance, photo IDs for staff, cannabis tracking systems, and
inventory control measures.
CAN COMMUNITIES CONTROL WHERE CANNABIS IS GROWN AND SOLD?
There are statutory restrictions on where a dispensary or a cultivation center may be located. In
addition, municipalities have the authority to enact reasonable zoning restrictions on cultivation
centers or dispensaries.
A cultivation center may not be located within 2,500 feet of a pre-existing school, daycare, or
any residential district. Similarly, a dispensary may not be located within 1,000 feet from a
school or daycare. Dispensaries are also prohibited in a house, apartment, condominium, or an
area zoned for residential use. These distance requirements are measured from the property line
of the prohibited properties rather than the buildings.
In addition to the distance limitations, the statute authorizes municipalities to enact “reasonable
zoning ordinances or resolutions” regulating registered medical cannabis cultivation centers or
medical cannabis dispensing organizations. The zoning regulations may not conflict with the
statute, Act, or the administrative rules of the Department of Agriculture or Department of Public
Health. Home rule powers are preempted, so they have the same zoning authority as non-home
rule communities.
The statute is silent on the nature of the zoning restrictions. The City of Sycamore took steps to
identify Medical Cannabis Dispensaries as a Special Use within C-3, Highway Business Zoning
Districts and defined such businesses as follows:
Medical Cannabis Dispensing Organization: Shall mean 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.
K. RETAIL TRADE USES
AG
R-1
R-2
R-3
R-4
C-1 C-2 C-3 C-4 M-1 M-2 ORI
Leather Goods Store
Luggage Store
Mail Order House
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P
Medical Cannabis Dispensing Organization
Membership Organization, Enterprises
News Stand
Newspaper Distribution Station
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P
Throughout the discussions the most appropriate siting of dispensaries focused on C-3 Highway
Business zoning with an emphasis toward clustering a dispensary near other medical uses.
Specific controls and regulations regarding security, inventory control, video surveillance, alarm
systems, record keeping and patient care education and support are detailed in the proposed
rules.
The petitioner has included excerpts from their security, inventory and education plans that will
be submitted to the State for review. This information is not presented for the Commission to
make determination if it meets the State requirements, rather to demonstrate the depth of
regulation required by the State of Illinois with regard to the medical cannabis program.
With the State of Illinois making the ultimate decision on the best plan for a medical cannabis
dispensary, the local decision is one of zoning and whether the petitioner meets the requirements
of the special use permit process. Per Section 4.3.3 of the City’s Unified Development
Ordinance, a Special Use Permit shall be granted only if evidence is presented to establish that:
A. The proposed structure or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public and will contribute to the
general welfare of the neighborhood or community;
B. The proposed structure or use will not have a substantial adverse effect upon the adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety, and general welfare; and
C. The proposed structure or use will be designed, arranged, and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
D. Such other standards and criteria as are established by the ordinance for a particular Special
Use as set forth in Section 4.3.4 and as applied to Planned Developments as set forth in Article
4.4.
Plan Commission action is requested.
D. Consideration of a request from The Dispensary, LLC for a Special Use Permit to
operate a Medical Cannabis Dispensary at the property located at 1985 Gateway Drive
in Sycamore, Illinois, PIN number 09-07-100-010.
This request from The Dispensary, LLC is for a special use permit to operate a medical cannabis
dispensary at 1985 Gateway Drive in Sycamore. The State of Illinois has one permit available for
the DeKalb County district and will ultimately decide between applicants that meet local zoning
regulations. Therefore, the granting of a special use permit does not guarantee that a medical
cannabis dispensary will be operated at the specific location as the State may choose to award the
location to a petitioner in another community within the district. The petitioner plans to
construct a roughly 2,000 square foot building to house the medical cannabis dispensary if
approved at both the local and state level.
As noted in the prior consideration, the City of Sycamore took steps to identify Medical
Cannabis Dispensaries as a Special Use within C-3, Highway Business Zoning Districts and
defined such businesses as follows:
Medical Cannabis Dispensing Organization: Shall mean 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.
K. RETAIL TRADE USES
AG
R-1
R-2
R-3
R-4
C-1 C-2 C-3 C-4 M-1 M-2 ORI
Leather Goods Store
Luggage Store
Mail Order House
P
P
P
P
P
P
Medical Cannabis Dispensing Organization
Membership Organization, Enterprises
News Stand
Newspaper Distribution Station
P
P
P
S
P
P
P
P
Throughout the discussions the most appropriate siting of dispensaries focused on C-3 Highway
Business zoning with an emphasis toward clustering a dispensary near other medical uses.
Dispensaries must be a minimum of 1,000 feet from the property line in all directions of any preexisting public or private preschool or elementary or secondary school or day care center, day
care home, group day care home, part day child care facility and cannot be in an area zoned
residential. Specific controls and regulations regarding security, inventory control, video
surveillance, alarm systems, record keeping and patient care education and support are detailed
in the proposed rules.
With the State of Illinois making the ultimate decision on the best plan for a medical cannabis
dispensary the local decision is one of zoning and whether the petitioner meets the requirements
of the special use permit process. Per Section 4.3.3 of the City’s Unified Development
Ordinance, a Special Use Permit shall be granted only if evidence is presented to establish that:
A. The proposed structure or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public and will contribute to the
general welfare of the neighborhood or community;
B. The proposed structure or use will not have a substantial adverse effect upon the adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety, and general welfare; and
C. The proposed structure or use will be designed, arranged, and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
D. Such other standards and criteria as are established by the ordinance for a particular Special
Use as set forth in Section 4.3.4 and as applied to Planned Developments as set forth in Article
4.4.
Plan Commission action is requested.