McHenry Times

City of Crystal Lake Planning and Zoning Commission met Sept. 4.

Here is the minutes provided by the commission:

The meeting was called to order by Chairman Hayden at 7:30 p.m. On roll call, members Esposito, Goss, Jouron, Philpot, Skluzacek, and Hayden were present. Mr. Greenman was absent.

Michelle Rentzsch, Director of Community Development, Elizabeth Maxwell, City Planner, Katie Cowlin, Assistant City Planner, James Black, Chief of Police, and Betsy Gates-Alford, Special Counsel, were present from Staff.

Mr. Hayden asked those in attendance to rise to say the Pledge of Allegiance. He led those in attendance in the Pledge.

Mr. Hayden stated that this meeting was being televised now, as well as, recorded for future playback on the City’s cable station. He added to please use the sign in sheets in the rear of the Chambers and he will call the names from the list for anyone who wishes to speak.

APPROVE MINUTES OF THE AUGUST 21, 2019 PLANNING AND ZONING COMMISSION MEETING

Mr. Jouron moved to approve the minutes from the August 21, 2019 Planning and Zoning Commission meeting as presented. Mr. Philpot seconded the motion. On roll call, all members present voted aye. Motion passed.

2019-136 THREE OAKS PUD OVERLAY – CRYSTAL COURT - PUBLIC HEARING

Rezoning Crystal Court properties around Three Oaks Recreation Area with a Planned Unit Development Overlay.

Mr. Hayden stated the Certificate of Publication was in the file. He waived the reading of the legal notice without objection.

Ms. Cowlin said the request is similar to one that was recently brought before the Planning and Zoning Commission rezoning several properties adjacent to the Three Oaks Recreation Area. This request is for the parcels in Crystal Court Shopping Center. The City Council directed staff to include these parcels in the overlay district.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

There were no comments from the Commissioners. Mr. Goss said this request meets the Findings of Fact. Mr. Goss moved to approve the Rezoning of Crystal Court properties abutting Three Oaks Recreation Area with a Planned Unit Development Overlay for the properties located at: 376LT Liberty Rd, 5625 Northwest Hwy, Part of 5561 Northwest Hwy, 5561 Northwest Hwy, 5577 Northwest Hwy, 5607 Northwest Hwy, 5641 Northwest Hwy, 5545 Northwest Hwy, 5657 Northwest Hwy, and 5689 Northwest Hwy. Mr. Philpot seconded the motion. On roll call, all members voted aye. Motion passed.

2019-133 UDO TEXT AMENDMENT – PUBLIC HEARING

Text Amendment to consider amendments to UDO Articles 2, 4 and 10 regarding Adult-Use Cannabis Establishments.

Mr. Hayden stated the Certificate of Publication was in the file. He waived the reading of the legal notice without objection.

Mr. Hayden read a prepared statement regarding the proceedings (attached).

Ms. Rentzsch said staff appreciates the opportunity to present this request and added that staff has conducted a lot of research on the issues. The Act passed by the State covers all cannabis businesses and goes into effect on January 1, 2020. The Act preempts home rule powers and lists many things which gives the City limited authority. She said the role of the Commission is to hold a public hearing and make recommendations to the City Council for the appropriate zoning for this use. The City Council is looking to the Commission for guidance.

Ms. Rentzsch said there are five decision points. There are many businesses listed in the State’s Act and the focus is on dispensaries and the City can look at the other uses later. The second point is if a Special Use Permit is required or will the use be permitted in the zoning district. The third point is if they determine a Special Use permit is appropriate, are the criteria suggested appropriate.

Ms. Maxwell said the Act allows for “buffers” from sensitive uses such as schools, parks and open space, religious establishments, day cares, but not home day cares, libraries, recovery homes, other dispensing operations, and residentially zoned property. She showed a map with the areas that would remain after the buffers are determined. Ms. Maxwell said maps were provided to the Commissioners that are easier to read.

Ms. Maxwell said another discussion point is either allowing or prohibiting consumption of the cannabis in the dispensary.

Mr. Hayden stated our City Council wants public input through the public hearing. He opened the public hearing.

Robert Meale, 413 Windham Cove Drive, said he is opposed to the sale of recreational cannabis. He read a prepared statement, which included information from the book “Tell Your Children: The Truth About Marijuana, Mental Illness, and Violence” by Alex Berenson, an article with quotes from Health and Human services Secretary Alex Azar and Surgeon General Jerome Adams, and a quote from Stanley A Cook, Ph.D.(copy attached). The chemical THC can cause mental illness. He is concerned about the City going down this road.

Mr. Hayden stated that it is a fact that recreational cannabis will be legal in Illinois as of January 1, 2020, which means it is legal here in Crystal Lake. We can only control the sale of it within the City limits.

Joe Gottemoller, attorney, said he is not concerned about dispensaries. He is concerned that empty manufacturing buildings cannot be used for growing cannabis. Mr. Gottemoller said he was at a conference with a gentleman from Colorado and he said they ran out of buildings to grow the plants. He believes that using an empty manufacturing building to grow the cannabis is better than having an empty building. The building will have security.

Mike Tryon, 569 Greenbrier Ln, said when he was in the State Legislature, he worked on the bill in 2009 for medical cannabis. He also paid for a poll of our area and was surprised the support cannabis received in the area. They have learned from other states that have made disastrous mistakes. The businesses will be under video surveillance, except for the bathrooms. The owners will be required to keep the video for 120 days. He said the delivery, entering/exiting from the building, as well as, the transactions will be monitored. Mr. Tryon said there is no other business type that requires that kind of security. This is the law of the state and the question is will we allow a dispensary in Crystal Lake. The license for medical cannabis provides for a second site for recreational use. After the first year of the Act being in place, different State departments will determine how many more licenses will be allowed. There is a maximum of 375 sites in the state. Naperville has a medical dispensary, but voted not to allow recreational sales at this time. The growing of the plants will be regulated by the State Police and the Department of Agriculture with 20 cultivation centers and five additional licenses available. Both California and Colorado have over supplies. The black market is hindered, but not completely eliminated. This is a policy decision for all communities. Mr. Tryon said he also worked on this Act. Each community with dispensaries will be entitled to a 3% tax. He added that a medical dispensary has approximately $1 million in sales per month. This business is not interstate, but intrastate.

Mr. Philpot asked will there be enough facilities to meet the demand. Mr. Tryon said he opinion was no. He said this process is what has to happen in each community. He does support staff’s recommendations. A cultivation center does need to be in an agricultural area.

Mr. Goss asked who would receive the taxes, if it is the City or the County. Mr. Tryon said the City would receive it. He explained the permit process for a State license. Some of the money will go to the community college to provide classes/training for employees. He believes the fees will remain. Ms. Rentzsch said the County may tax 0.75%. Mr. Goss asked at what level of tax it takes to make it a “wash” with a “dealer”. Mr. Tryon said there is still a Federal prohibition on cannabis, but State rights are important. Oregon has a large problem with the same number of dispensaries and growers. He added that not every community would have a dispensary.

Mr. Hayden said he did some research and asked why someone would purchase cannabis from a licensed facility if they were getting good quality for less money from a “dealer”. Mr. Tryon said the quality would be regulated and consistent. He added that in Colorado they saw prices drop with both medical and recreational and took out home growing except for medical cannabis. Also, homegrown cannabis does not meet the standards of commercially grown. Mr. Hayden asked how the Police would determine if the cannabis is purchased from a legal dispensary or not. Mr. Tryon said each seed, plant, etc. is given a number and the supply will have that number on its container. They will know exactly where the cannabis comes from. He said the cannabis is packaged in a controlled area and employees are given clothing to wear that are without pockets. A person can only purchase 30 grams at a time. It is nearly impossible to create a counterfeit container.

Mr. Jouron asked what the cost to the City is for Police. Mr. Tryon said it would best to ask Chief Black.

Mr. Esposito believes the cultivation of cannabis is better in an agricultural area, but if it is in manufacturing zoning there is better security. Mr. Tryon said there would be a cultivation license in each State Police area. The problem in manufacturing zoning is the need for an air quality control system so no odors leave the building. An infusion license would be good for the manufacturing area because it is odorless. He said there were 60 licenses and five were never used with one given back to the State. Now the licenses are available. Mr. Esposito asked about craft growers, which is on a smaller scale. Mr. Tryon said they do not allow outdoor growing due to possible cross pollination.

Mr. Hayden asked if Crystal Lake is considered part of the Rockford region or Northwest Illinois. Mr. Tryon said we are part of the Chicago area not Rockford. Not many licenses will be issued in the first year and it will be extremely competitive. He does not believe the businesses will be ready to open January 1.

Mr. Philpot said he is allowed to brew as much beer as he wants at home, but he is not allowed to grow cannabis. Mr. Tryon said you can cultivate five plants, but there is an odor that is associated with growing the plants. With prevailing winds it could smell for some distance and foster complaints. Also, he is not sure why anyone would need that much. Having a medical situation is different. He also believes the price will come down for medical and recreational cannabis.

Ms. Maxwell suggested a straw poll of the Commissions be taken for each of the discussion points.

Ms. Rentzsch asked if they want to look at dispensaries only or all uses. Mr. Hayden said all uses. That would be good for Crystal Lake. Mr. Tryon said there is a lot of heat from the lamps needed in cultivation and there is a lot of air that comes in and goes out from the building. There will be a problem with ventilation.

Mr. Hayden said assuming the City says yes to this, then where should it go. Ms. Rentzsch said that is Point 2. Have the businesses as permitted uses or Special Use Permits with criteria. Staff recommends the “M” Manufacturing or “B-2” Commercial districts. Mr. Goss asked if the property is zoned PUD would they need both a PUD and SUP approval. Mr. Hayden prefers them to be in the “M” district. He does not want it next to a retailer. Mr. Goss agrees it is better in the “M” district. Mr. Philpot said he is ok with either district. Mr. Esposito feels everything needs to be a SUP. Mr. Jouron feels “M” district is more appropriate since the area is discrete. Mr. Hayden said they can’t change any rules stablished by the State. This is a cash business and there could be robberies. Chief Black said the dispensaries would want a better commercial location. He would prefer them in the “M” district where it is less congested. He gave statistics from Denver about the increase in crimes around dispensaries. Mr. Philpot said there are more police visits to the “B-2” district than “M”. Chief Black said there is more exposure in the “B-2” district and they gravitate to where things will/are occurring. If you are walking down the street and an armed robbery occurs, he prefers the public not be near that. Mr. Esposito thinks the businesses will only open from 6 a.m. to 10 p.m. and most manufacturing companies close at 5 p.m. or 6 p.m. The darkness will lend itself to more robberies. The “B-2” district has more lights and people. He believes the right district is “M” Manufacturing. Mr. Tryon said he does not believe there has been a dispensary that has been broken into because of the amount of security. Mr. Goss said it would be hard to find a “B-2” space. It would have to be a stand-alone building. People that own that business want security too. Mr. Tryon said staff is suggesting a setback from residential areas and he believes it is restrictive. Ms. Rentzsch said the criteria staff presented is what was found in other communities.

Mr. Goss said he supports “M”. Mr. Skluzacek said he supports dispensaries in the “B-2” district and growing in the “M” district. Mr. Esposito supports the dispensary in the “B-2” district and the others in the “M” district all requiring a Special Use Permit. Mr. Jouron prefers the “M” district. Mr. Philpot is good with the “B-2” district now and may change his mind when discussing specific locations. He agrees with all requiring a Special Use Permit. There is a greater opportunity for more police presence in the “B-2” district. Mr. Philpot suggested an extra patrol when the businesses are going to close. Mr. Hayden said the majority of the Commissioners are in favor of the “M” district and there is support for the “B-2” district. Mr. Philpot is in agreement with requiring a Special Use Permit.

Mr. Hayden asked to review discussion point 3. Ms. Rentzsch said the criteria would be included with either the “M” or “B-2” district. Mr. Goss does not have a problem with the standards, but questioned the 250 feet. He asked if it should be amended to 500 feet. Ms. Rentzsch said there are a lot of residential areas in Crystal Lake and if the buffer for residential were increased there would be very few locations available.

Ms. Rentzsch showed the map with areas available outside the buffered zones. Mr. Hayden asked Chief Black from a safety perspective what would be most appropriate. Chief Black said anything away from the downtown area or Route 14 corridor. The Police Department may have 6 or 7 cars on street at one time and if there is an incident that will probably take two cars off the street. We are a very busy town. He cannot guarantee there will be staff available at time of closing for those businesses. Mr. Hayden said he would prefer the businesses to be away from pedestrian or heavy traffic areas. Chief Black said the large industrial area off Route 31 near Rita Corp would be a good location. Mr. Goss suggested something near the transfer station on Virginia Road although it is a long way for the patrols to go. He said if the State is responsible for the monitoring of the security feed from the businesses, they could contact our Police Department. Chief Black said the business must have security and he does not believe the State Police will have someone monitoring the security feed at all times. Ms. Gates-Alford said the Act does not stipulate that the State

Police will not be monitoring the businesses in real time, but do require coordination. The licensing process does include a security review. When events occur they are reported to both State and local authorities. Mr. Goss asked about a silent alarm. Ms. Gates-Alford said she is not sure that is required.

Mr. Hayden asked if any specific location would be better for mutual aide. Chief Black said Route 31 would be easily accessible for many agencies. Mr. Goss believes the license holder will want to be as close to the center of town as they can be. Mr. Skluzacek agreed with Route 31. Mr. Esposito said that Route 31 would probably be the best. He thinks the areas shown on the map are good. Mr. Jouron agreed with Route 31. Mr. Goss asked if they can request a variation as part of the process. Ms. Gates-Alford said there is no authorized variation. Mr. Philpot said Garfield’s and Crystal Lake Brew are on the edge of a residential area. According to the map, Route 31 looks like a great place for this. He does not want to bring crime to the neighborhoods. Taking into consideration what Crystal Lake allows for alcohol, this is very restrictive.

Mr. Hayden asked to review discussion point 5. Ms. Rentzsch said it is consumption of the cannabis on-site. Mr. Esposito is in favor of restricting consumption on-site. Mr. Philpot said he is ok with consuming cannabis on-site. Mr. Hayden said it is also illegal to carry it in a motor vehicle or smoking it on the street. Ms. Gates-Alford said it can transported in a vehicle, but not consumed in a public place.

Mr. Hayden asked about discussion point 1. Ms. Rentzsch said asked if the Commission wanted to look at dispensaries only or all users at this time or look at them later. Mr. Philpot said he is ok with permitting certain other cannabis businesses. Mr. Goss said he would prefer a combination of A and B. Mr. Hayden prefers sales in the “B-2” district and all other businesses in the “M” district. Mr. Philpot said there is not enough locations in the “M” district to go with just one district. He is ok with the “B-2” for dispensaries and “M” for the other businesses. Mr. Jouron agreed. Mr. Esposito said he is ok with either district for the dispensaries and “M” for all other businesses all with Special Use Permits. Mr. Skluzacek said he prefers “B-2” for dispensaries and all others in “M” with Special Use Permits. Mr. Goss said he prefers “M” for everything. Mr. Hayden feels “M” is the safest place. Mr. Philpot feels the “M” district does not provide enough opportunities.

Mr. Hayden asked if anyone is in support of the other uses other than a dispensary. Members Jouron, Esposito, Goss and Hayden are in favor of the dispensaries. Mr. Philpot and Skluzacek are in favor of all uses.

There was no one else in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Goss moved to recommend approval as follows: (i) prohibition of the following categories of adult-use cannabis businesses: cultivation center, craft grower, infuser, processer, and transporter to be revisited in one (1) year; and (ii) an Amendment to the UDO, Articles 2, 4, and 10 to permit a Cannabis Dispensary as a Special Use Permit in the “B-2” General Commercial and “M” Manufacturing zoning districts, with the recommended criteria and buffers. Mr. Jouron seconded the motion. On roll call, all members voted aye. Motion passed.

Mr. Goss moved to prohibit all adult-use cannabis businesses subject to re-visiting the issue after a one-year period to allow further time for review, analysis, and input. Mr. Jouron second the motion. On roll call, members Goss, Jouron, and Hayden voted aye. Members Esposito, Philpot, and Skluzacek voted no. Motion failed with 3-3 vote.

Mr. Goss asked if that is a positive recommendation. Ms. Gates-Alford said a 3-3 vote is a failed motion.

Mr. Goss said cannabis is legal in this state, but not federally. Chief Black said they need to work with the legal staff to look at it and what would need to be added to the ordinance. Mr. Goss suggested staff discuss this with the legal team to be sure we have the authority we need.

REPORT FROM PLANNING

Ms. Maxwell discussed the items that were reviewed by the City Council and with no items on the agenda for the Planning and Zoning Commission meeting on the September 18, 2019 Regular Meeting, it can be cancelled.

COMMENTS FROM THE COMMISSION

Mr. Hayden stated that Mr. Philpot’s grandmother had passed away and offered him and his family his deepest sympathy. Mr. Philpot apologized for eating during the meeting.

There were no other comments from the Commissioners. The meeting was adjourned at 9:40 p.m.

https://ecode360.com/documents/CR2206/public/512125014.pdf