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HomeMy WebLinkAbout043-O-22 Granting a Special Use Permit for 1804 Maple Avenue for a Cannabis Dispensary in the RP Research Park District5/09/2022 43-0-22 AN ORDINANCE Granting a Special Use Permit for 1804 Maple Avenue for a Cannabis Dispensary in the RP Research Park District WHEREAS, the Land Use Commission ("LUC") met on April 13, 2022, pursuant to proper notice, to consider case no. 22ZMJV-0016, an application filed by Andrew Scott, Dykema, (the "Applicant"), on behalf of Verano Evanston, LLC, the lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1804 Maple Avenue (the "Subject Property") and located in the RP Research Park District, for a Special Use Permit to establish, pursuant to Subsection 6-12-2-3 Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Cannabis Dispensary on the Subject Property; and WHEREAS, the LUC, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Cannabis Dispensary met the standards for Special Uses in Section 6- 3-5-10 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of May 9, 2022, the Planning and Development Committee of the City Council ("P&D Committee") considered the LUC's record and findings and recommended the City Council accept the LUC's recommendation and approved the application in case no. 22ZMJV-0016; and d© Pagel of7 Doc ID:32c90b8e8820c964bbl661de9d8a2010d39db4af 43-0-22 WHEREAS, at its meetings of May 9, 2022, and May 23, 2022, the City Council considered and adopted the respective records, findings, and recommendations of the LUC and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Cannabis Dispensary on the Subject Property as applied for in case no. 22ZMJV- 0016. SECTION 3: Pursuant to Subsection 6-3-5-8 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant's Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5-8 of the Zoning Ordinance: A. That the hours of operation are limited to 10:00 am to 8:00 pm; and B. If in the future, the operator changes, a new Special Use Permit is required. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. —2— Page 2 of 7 Doc ID: 32c90b8e8820c964bb1661de9d8a2010d39db4af 43-0-22 SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: 5/9 , 2022 Approved: Adopted: 5/9 , 2022 5/17 12022 Isaiuel ,1d ai Daniel Biss, Mayor Attest: Approv,qd as to form: � ✓Ycckola,s �. Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation Counsel —3— Page 3 of Doc ID:32c90b8e8820c964bb1661de9d8a2010d39db4af 43-0-22 EXHIBIT A LEGAL DESCRIPTION PART OF LOT 4 OF THE CHURCH MAPLE RESUBDIVISION, BEING A RESUBDIVISION OF PART OF DEMPSTER'S SUBDIVISION OF BLOCK 66 OF THE VILLAGE OF EVANSTON, COOK COUNTY, ILLINOIS, PART OF THE CHICAGO AND NORTHWESTERN RAILROAD RIGHT OF WAY (FORMERLY CHICAGO, MILWAUKEE AND ST. PAUL RIGHT OF WAY); PART OF BLOCK 18 IN THE VILLAGE OF EVANSTON; ALL OF BLOCKS 2 AND 3 IN THE CIRCUIT COURT SUBDIVISION IN PARTITION OF LOT 22 IN THE COUNTY CLERK'S DIVISION OF UNSUBDIVIDED LANDS; AND PART OF VACATED CLARK STREET AND EAST RAILROAD AVENUE; BEING IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS 1804 MAPLE AVENUE PINs # 11-18-117-017-8002, 11-18-117-017-8003 Page 4 of Doc ID:32c90b8e8820c964bb1661de9d8a2010d39db4af DRAFT - NOT APPROVED New Business A. Public Hearing: Special Use Permit 11804 Maple Avenue 122ZMJV-0016 Andrew Scott, Dykema, applicant on behalf of Verano Evanston, LLC, requests a Special Use Permit for a Cannabis Dispensary in the RP Research Park District (Zoning Code Section 6-12-2-3). The Land Use Commission makes a recommendation to the City Council, the determining body for this case in accordance with Section 6-3-5-8 of the Evanston Zoning Code and Ordinance 92- 0-21. Ms. Ashbaugh read the case into the record. Presentation Andrew Scott, of Dykema, introduced Anthony Marsico who is the principal with the petitioner, and Ed Farrell of Silverstar Protection Group which provides security for the dispensary. Mr. Scott then provided background and overview of previous operators as a medical cannabis dispensary and recent recreational -use dispensary. He explained the management agreement between Verano Evanston and MedMen and that, since Verano Evanston, LLC is now the owner of the business (named Zen Leaf), they are obtaining a new special use permit. Anthony Marsico, provided an overview of Zen Leaf's expansion and operations, including security and compliance standards. He explained that there is robust entry security and cameras (with 90 day cloud storage retention) that IDFPR and State Police check in. Mr. Marsico then stated that a $1,000,000 investment was made into improvements of the space. Education is a big piece of operations- product education, how to use it and rules and regulations. Forty-five (45) full time employees work at the site that go through state and federal background checks. He explained that he believes the dispensary is also a draw to other businesses and is a regional draw. Questions Commissioner Halik inquired if cameras are inside and outside. Mr. Marsico responded that there are and there have rarely been incidents at the dispensary. Chair Rodgers stated that he reached out to Police Chief Eddington, who confirmed that there have been no robberies or theft at the site, only 5 minor incidents since the dispensary began operating. Commissioner Puchtel asked what the goal of the expansion is. Mr Marsico responded the goal is to enhance the customer experience, create a better consult area and flow of the space, especially for medical patients and also have space to educate new customers. Commissioner Mirintchev mentioned that with the previous special use there was interest in both the inside and outside operations of the space and asked what happens if there is a line to enter the dispensary and there is rain. Mr. Marsico reiterated the reason for the expansion and that it provides more space to queue and more points of sale. He then explained that the initial interest has worn off so the dispensary is not Page 1 of 3 April 13, 2022 Land Use Commission Meeting Minutes - EXCERPT Page 5 of7 Doc ID:32c90b8e8820c964bb1661de9d8a2010d39db4af DRAFT - NOT APPROVED expecting the same lines as before. In addition to that, there is a strict no loitering or consumption policy as well as a strict delivery protocol. If lines get long, there is an existing ability to go to a reservation model. Online reservation is utilized for products and eliminates some bottle neck. Consults also help reduce traffic. Commissioner Westerberg mentioned that one of the comments for this item mentioned a methadone clinic nearby and asked if staff had information on it. Ms. Ashbaugh responded that staff is unaware of an issue at this time but staff would look into it further if the Commission wishes staff to do so. She then stated that she called the resident to explain the process for the existing dispensary and got no reply. Commissioner Johnson asked if the online reservation system was because of pandemic. Mr. Marsico responded no, it is a permanent part of operation but does not permit payment transactions. The Covid pandemic did introduce curbside pickup specifically for medical patients. There are 10 locations in Illinois and 100+ nationally. Chair Rodgers asked for an explanation of the expansion of space. Mr. Scott explained the layout of the previous space and the new built out space. Chair Rodgers then asked for clarification on when the expansion took place. Mr. Scott responded that the physical expansion recently happened with the Special Use obtained several years ago, no new physical expansion is taking place. This process is legalizing the Special Use for the new owner. The space is not getting larger than 3,900 square feet, it is legalizing beyond the 2,400 square feet approved in 2016 when it was only medical cannabis sales. Public Comment There were no members of the public wishing to provide testimony. The record was then closed. Deliberations Commissioner Johnson expressed support of the request; he has never noticied a problem with loitering, traffic, or anything similar and there is likely generation parking receipts and additional shopping in the area. Chair Rodgers pointed out that the fact that a comment received about the dispensary coming in when it has actually been in existence for several years shows that this has been operating quietly. 1. Met 2. Met. Agreement to add a condition from the previous special use re: change of ownership of the business triggering need for new special use. 3. Met 4. Met 5. Met 6. Met Page 2 of 3 April 13, 2022 Land Use Commission Meeting Minutes - EXCERPT Page 6 of Doc ID:32c90b8e8820c964bb1661de9d8a2010d39db4af DRAFT - NOT APPROVED 7. Met 8. NA 9. Met The Commission then reviewed possible conditions and agreed that the new special use should reinstate the condition regarding change of ownership triggering return for a new special use as well as limiting the hours of operation to 10:00 am to 8:00 pm. Commissioner Halik made a motion to recommend approval of the Special Use to City Council with the conditions as stated. Seconded by Commissioner Westerberg. A roll call vote was taken and the motion passed unanimously, 7-0. Page 3 of 3 April 13, 2022 Land Use Commission Meeting Minutes - EXCERPT Page 7 of Doc ID:32c90b8e8820c964bb1661de9d8a2010d39db4af