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HomeMy WebLinkAboutG11-24 Ordinance No. G 11-24 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN ADULT-USE CANNABIS DISPENSING ORGANIZATION IN THE PCC2 PLANNED CENTER CITY DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (15 Clock Tower Plaza) WHEREAS, written application has been made requesting conditional use approval to establish an adult-use cannabis dispensing organization at 15 Clock Tower Plaza; and WHEREAS, the zoning lot with the building containing the premises at 15 Clock Tower Plaza is legally described herein (the"Subject Property"); and WHEREAS, the Subject Property is located within the PCC2 Planned Center City District established by Ordinance No. G 12-02, as amended by Ordinance No. G 10-24, and ARC Arterial Road Corridor Overlay District, and an adult-use cannabis dispensing organization is listed as a conditional use within the PCC2 Planned Center City District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on January 8, 2024, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and . WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use in the PCC2 Planned Center City District established by Ordinance No. G 12-02, as amended by Ordinance No. G10-24, pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 8, 2024. and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to establish an adult-use cannabis dispensing organization is hereby granted for the property commonly known as 15 Clock Tower Plaza, which is part of the property commonly identified by Kane County Property Index Number 06-24-126- 002, and legally described as follows: PARCEL ONE: THAT PART OF BLOCK 1 OF SHERMAN'S ADDITION TO ELGIN, DECRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF SAID BLOCK 1; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID BLOCK 1, A DISTANCE OF 574.30 FEET (RECORD BEING 574.53 FEET); THENCE SUOTHEASTERLY ALONG A MOUNUMENTED LINE THAT FORMS AN ANGLE OF 90 DEGREES, 59 MINUTES, 19 SECONDS (RECORD BEING 91 DEGREES, 00 MINUTES,0 SECONDS)TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRBIED COURSE, A DISTANCE OF 915.17 FEET (RECORD BEING 915.00 FEET); THENCE NORTHEASTERLY ALONG A MONUMENTED LINE THAT FORMS AN ANGLE OF 88 DECGREES, 59 MINUTES, 10 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (RECORD BEING PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 1). A DISTANCE OF 323.83 FEET (RECORD BEING 323.86 FEET); THENCE NORTWESTERLY ALONG A MOUMENTD LINE THAT FORMS AN ANGLE OF 89 DEGREES, 58 MINUTES,39 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (RECORD BEING AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE), A DISTANCE OF 69.97 FEET (RECORD BEING70.00 FEET);THENCE NORTHEASTERLY ALONG A MONUMENTED LINE THA TFORMS AN ANGLE OF 89 DEGREES, 57 MINUTES, 13 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE RECORD BEING PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 1), A DISTANCE OF 249.98 FEET(RECORD BEING 250.00 FEET)TO THE EASTERLY LINE OF SAID BLOCK 1; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4915.28 FEET, A DISTANCE OF 846.40 FEET (RECORD BEING 846.50 FEET) TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 9.00 FEET (MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE 0 FSAID BLOCK 1) DEDICATED FOR A PUBLIC STREET BY DOCUMENT NO. 1919284. BENG SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: A NON EXCLUSIVE EASEMENT FOR THE PURPOSE OF TRANSMITTING WATER, SEWAGE, GAS, ELECTRICITY AND OTHER UTILITIES OFLIKE OR DISSIMILAR NATURE FOR THE BENEFIT OF PARCEL ONE, AS CREATED IN THE GRANT OF EASEMENT DATED MAY 14, 1970 AND RECORDED JUNE 8, 1970 AS DOCUMENT 1165857, OVER, UPON AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: PART OF BLOCK 1 OF SHERMAN'S ADDITION TO 2 ELGIN, DESCRIED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF SAID BLOCK 1; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID BLOCK 1, A DISTANCE OF 574.53 FEET FOR THE PLACE OF BEGINNING; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 91 DEGREES, 00 MINUTES, 0 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 915.0 FEET THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 1, A DISTANCE OF 40.0 FEET; THENCE NORTHWESTERLY AONG A LINE THAT FORMS AN ANGLE OF 0 DEREES, 0 MINUTES,0 SECONDS 89,TOWNSHIP 00 NORTH,RANGE 0 TO THE RIGHT WITH THE PROLONGATION OF THELAST DECRIBED COURSE,A DISTANCE OF 915.0 FEET TO THE NORTHERLY LINE OF SAID BLOCK 1;THENCE NORTHEATERLY ALONG SAID NORTHERLY LINE,A DISTANCE OF 40.0 FEET TO THE PLACE OF BEGINNING; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 1-95 Clock Tower Plaza). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by High Haven Dispensary,LLC,as applicant,and Paul and Carol Butera,as property owners,received November 24, 2023, and supporting documents including: a. Undated High Haven Dispensary, LLC Statement of Purpose and Conformance, received November 24, 2023; b. Undated High Haven Dispensary Inventory Control Plan, received November 24, 2023; c. Undated High Haven Dispensary Cannabis Waste Disposal Plan, A Plan for the Removal, Destruction, and Disposal of Cannabis Waste, received November 24, 2023; d. Undated High Haven Dispensary Security and Lighting Plan, received November 24, 2023; e. Undated High Haven Dispensary, LLC Sign Plan, received November 24, 2023, with such further revisions as required by the Community Development Director; f. Site Plan, prepared by Antonio Fanizza Assoc. Ltd, dated May 9, 2016; and g. Undated First Floor Life Safety Plan, Sheet LS1.1, received November 24, 2023, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. If any new exterior lighting is proposed, at the time of building permit review, the applicant shall submit a photometric plan which incorporates any existing and proposed 3 outdoor lighting fixtures, including free standing lights and building-mounted light fixtures, in compliance with the zoning ordinance requirements. 3. Before the issuance of an occupancy permit, the proposed "adult-use cannabis dispensing organization" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis dispensing organization" [SR] with the Development Administrator. 4. The proposed adult-use cannabis dispensing organization may expand within the existing building without the need to amend this conditional use approval,provided the applicant receives all applicable State of Illinois licenses and approval for such expansion. The applicant shall submit the applicable State of Illinois license and other approvals to the Development Administrator prior to such expansion. 5. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half(8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment." 6. The business operations of the proposed adult-use cannabis dispensing organization shall comply with all restrictions and requirements of Ordinance No. G65-19, an Ordinance Regarding Regulations for Cannabis Business Establishments And Amendments to Ordinances Regarding Cannabis and Drug Paraphernalia, as amended. 7. The sale of cannabis products to persons under twenty-one (21) years of age is prohibited. A photo identification showing proof of age shall be required of everyone under twenty-seven (27) years of age desiring to purchase cannabis products. A sign, at least eight and one-half(8.5) inches by eleven (11) inches, with lettering on such sign at least one-half inch (0.5") in height, shall be posted inside, at a location clearly visible to patrons, with the following language, "The sale of cannabis products to persons under twenty-one (21) years of age is prohibited." 8. The applicant shall comply with the restrictions for advertising outlined in Section 6.07.100 of the Elgin Municipal Code, as amended. 9. No products sold by the proposed adult-use cannabis dispensing organization shall be visible from the public street, sidewalk or other public place. 10. The proposed adult-use cannabis dispensing organization is prohibited from selling any product containing alcohol, except tinctures, which must be limited to containers that are no larger than 100 milliliters. 11. The proposed adult-use cannabis dispensing organization shall not produce or manufacture any cannabis. 4 12. All street graphics must comply with the zoning ordinance requirements. 13. A Certificate of Occupancy for the proposed adult-use cannabis dispensing organization shall be issued not later than three years from the date of the adoption of this ordinance. 14. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Kap n, vI or Presented: February 28, 2024 Passed: February 28,2024 Vote: Yeas: 6 Nays: 0 Abstain: 1 Recorded: February 28, 2024 Published: February 28, 2024 A es • .ZYJl4(1 Kimberly Dewis, Cit erk • 5 EXHIBIT A January 8,2024 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written fmdings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petitions 38-23 and 39-23 an application by High Haven Dispensary,LLC,as applicant, and Paul and Carol Butera,as property owners, are requesting approval of an amendment to PCC2 Planned Center City District established by Ordinance No.G 12-02,with any departures from the Elgin Municipal Code as may be necessary or desirable, and a conditional use to establish an adult-use cannabis dispensary within the existing commercial tenant space commonly known as 15 Clock Tower Plaza. The property classified in the PCC2 Planned Center City District established by Ordinance No. G 12- 02, is commonly known as 1-95 Clock Tower Plaza. GENERAL INFORMATION Petition Number: 38-23 and 39-23 Property Location: 15 Clock Tower Plaza Requested Action: Map Amendment to Planned Development and Conditional Use Current Zoning: PCC2 Planned Center City District Ordinance No.G 12-02 and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. PCC2 Planned Center City District and ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial space Proposed Use: Adult-use cannabis dispensing organization Applicant: High Haven Dispensary, LLC Owner Paul and Carol Butera Recommendation& Findings of Fact Petitions 38-23 and 39-23 January 8,2024 Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinances and Resolution G. Application for State of Illinois License available Electronically here: https://elgin.app.box.com/folder/19600360428 I BACKGROUND High Haven Dispensary, LLC, as applicant, and Paul and Carol Butera, as property owners, are requesting approval of an amendment to PCC2 Planned Center City District established by Ordinance No. G12-02, with any departures from the Elgin Municipal Code as may be necessary or desirable,and a conditional use to establish an adult-use cannabis dispensary within the existing commercial tenant space commonly known as 15 Clock Tower Plaza. The property classified in the PCC2 Planned Center City District established by Ordinance No.G 12-02,is commonly known as 1-95 Clock Tower Plaza. In April 2023,the City granted the zoning approval for High Haven Dispensary LLC to establish an adult-use cannabis dispensary at 353-355 S. Randall Road. The applicant, however, could not finalize the lease agreement with the owner of that property and was forced to find another location. That zoning approval is not transferable to another property. High Haven has signed a lease agreement with the owner of the 15 Clock Tower Plaza that is contingent upon the city's approval of the requisite zoning and is now requesting that approval for this location. The subject property is a 2,627-square foot vacant tenant space within the existing multi-tenant Clock Tower Plaza Shopping Center anchored by Butera Market grocery store. The 11.5-acre shopping center with 122,384 square feet of leasable commercial space is located on the south side of National Street immediately east of the Fox River. The shopping center is fully occupied with the exception of the subject tenant space, 15 Clock Tower Plaza. The shopping center is zoned PCC2 Planned Center City District by Ordinance No. G 12-02, and is part of ARC Arterial Road -2- Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8, 2024 Corridor Overlay District. Other uses within the shopping center include: Dunkin', Subway, Spanky's Gyros, and Buffalo Wild Wings restaurants, Family Dollar and Rent-a-Center retail stores, and several beauty salons, among others. The property to the north across National Street is zoned PCC Planned Center City District and is home to the Grand Victoria casino and accessory parking lots. The property adjacent to the south is zoned MFR Multiple Family Residence District and is improved with River's Landing multi- family apartment complex. The properties to the east beyond the railroad right of way along Wellington Avenue are zoned RC3 Residence Conservation District and are improved with multi- family and single-family dwellings. The property adjacent to the west across Times Square Road is zoned CF Community Facility District and is improved with the Fox River bike trail. 'S\ or 194 % lo - -. Clock Tower Sho'pin. Center `� Subject tenant space r i ` , �;. y 15 Clock Towergt � ^;+ ,• Plaza �I \ Figure 2.Site area map with zoning overlay Proposal High Haven Dispensary, LLC is proposing to establish an adult-use cannabis dispensary within the 2,627-square foot commercial tenant space at 15 Clock Tower Plaza. - 3 - Recommendation& Findings of Fact Petitions 38-23 and 39-23 January 8,2024 The applicant is proposing significant interior renovations to accommodate the new use, but ri k�' exterior changes to the building or the site are •a ' ®1' not proposed. The front of the retail space P would include a 484-square-foot reception N.F SE area. Customers' age would be verified here RR WOW,mA I before being allowed to enter the sales floor � M-'�FEB _ 00 (only persons 21 years of age or older would be U permitted to enter). Products would be stored vw�r U ,FP v* e in a vault from which sales orders would be 1 MI I0 ! fulfilled to the sales associates before they are k!iJia °D-- sold to the customer. The back of the tenant • R ' II ° space would also include an office, restrooms, af,oa l (l 0 , o security vault,and back of house delivery area C '""` near the rear door,with a couple areas for daily OFF I - DAY.!0RA.o1 storage. Product delivery would only be from -V._ °,a3 IlGlit• ►>•I+w the rear door in the back of the building. FEE ® SALES S C_-_ 4 CQyMgR, ;____� ___�� The facility would operate as a retail store IDS 2 SALES COUNTER rlo:1 ' t selling cannabis products for recreational use �l ® - -=- BLIC 1 NON PUBLIC only. The facility would not operate as a • , medical cannabis dispensary. No on-premises + consumption,either within the store or outside, SALE;'IOOR �0 is proposed, nor is it permitted. Other than the EkALWOR ; typical wall and monument signage for the r., ; business, High Haven would not be permitted • • to advertise its products, including no advertisement or the display of products in the ® 0 storefront windows. Any exterior signage i would meet the zoning ordinance RECEPTIO ID —;F requirements.The facility would be open from - i 9 a.m.to 9 p.m.Monday through Friday,9 a.m. "!"." ; to 10 p.m. on Friday and Saturday,and 10 a.m. • to 9 p.m. on Sunday with two on-site security 04 guards during the hours of operation. High l elA Haven anticipates the peak hours would be iiii Thursday and Friday late afternoon/early Figure 3 Proposed floor plan evening and Saturday and Sunday all day. The Elgin Police Department has reviewed the extensive security plan and finds it acceptable. The City amended its zoning ordinance in 2019 to allow various adult-use cannabis land uses in certain zoning districts,including adult-use cannabis dispensaries.Adult use cannabis dispensaries -4- Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8,2024 are allowed in the commercial AB and NB zoning districts along arterial roadways, and in the downtown area in the CC 1 and CC2 zoning districts,provided they are located more than 250 feet from a sensitive land use. The sensitive land uses are defined as pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The subject property is zoned PCC2 Planned Center City District. This planned development was established in 2002 by Ordinance No. G12-02. The adult-use cannabis dispensary is not listed as a permitted nor conditional use in this PCC2 District. Therefore, the applicant is requesting approval to amend the PCC2 District to allow an adult-use cannabis dispensary as a conditional use,and subsequently conditional use approval for its proposed adult-use cannabis dispensary.The facility would be located more than 400 feet from Fox River bike trail and over 700 feet from Elgin Daycare Center at 210 National Street. Parking The proposed adult-use cannabis dispensary is a retail use and is required to have one parking space per 250 square feet of floor area. With 2,627 square feet of floor area, the proposed dispensary is required 11 parking spaces. With the existing mix of tenants within the shopping center and the proposed cannabis dispensary, the entire property is required to have 781 parking spaces.With 584 parking spaces within the shopping center parking lot,the property does not meet its parking requirement and is classified as lawful non-conforming. The proposed dispensary is replacing a former retail store of footwear and accessories which was also required 11 parking spaces.Therefore,the proposed cannabis dispensary is not increasing the regulatory parking requirement for the shopping center, and the center will remain lawful nonconforming regarding parking. Still, the applicant observed the parking usage within the shopping center to assure adequate parking exists for its customers.The proposed dispensary expects its peak times to be on Thursday and Friday late afternoons/early evenings, and on Saturday and Sundays. The applicant observed the peak parking demand within the shopping center on Friday evenings when 133 parking spaces are occupied. This leaves 451 parking spaces available for the proposed dispensary.As such,there is adequate parking within the existing shopping center to meet the parking demand of all existing tenants and the proposed cannabis dispensary. The other important factor when evaluating available parking is the rate at which parking spaces turn over. Encouraging parking turnover is the reason why many street parking spaces in high demand locations like downtowns use parking meters or other time-based limitations. The nature of the business also plays a part. A person parking at an upscale, sit-down restaurant will be occupying their parking space much longer than a person going to their drycleaners. High Haven offers customers a pre-ordering system such that most persons only spend 10-20 minutes in store. -5 - Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8, 2024 While the company was established in 2019, each member of its team has several years of experience working in the cannabis industry. High Haven has received conditional approval for five cannabis dispensaries from the State of Illinois, two of which are for the Chicagoland area. High Haven's license from the State of Illinois is valid until September 2024. Extensions to this time frame may be granted by the State upon request. High Haven already operates cannabis dispensaries in Darien Illinois and Bay City,Michigan. The Community Development Department offers the following additional information: A. Property History. The subject property was zoned G Industrial District with the first zoning ordinance in 1927. By 1950, the property was rezoned to F Industrial District. In 1962, the property was rezoned to M-1 Limited Manufacturing District. In 1992, the property was rezoned to B3 Service Business District as part of the comprehensive amendment to the zoning ordinance. In 2001,the property became part of the ARC Arterial Road Corridor Overlay District. And in 2002, the property was rezoned to PCC2 Planned Center City District by Ordinance No. G12-02. The Clock Tower Plaza shopping center is located on the site of the former Elgin National Watch Company factory,which was completed in 1866. Over time the company built additional factories and eventually closed the original factory on this site in Elgin in 1964. The building was demolished in 1966. The existing shopping center building was constructed in 1989. B. Surrounding Land Use and Zoning. The property to the north across National Street is zoned PCC Planned Center City District and is home to the Grand Victoria casino and accessory parking lots. The property adjacent to the south is zoned MFR Multiple Family Residence District and is improved with River's Landing multi-family apartment complex. The properties to the east beyond the railroad right of way along Wellington Avenue are zoned RC3 Residence Conservation District and are improved with multi-family and single-family dwellings. The property adjacent to the west across Times Square Road is zoned CF Community Facility District and is improved with the Fox River bike trail. C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown contains mixed-use structures featuring retail, restaurant, service uses, office and residential uses. Mixed-use structures contribute to an active street life and help foster a unique sense of place within Elgin. A variety of uses should be encouraged throughout the Downtown and should be located at or near the sidewalk with parking in the rear. D. Zoning District.The purpose of this PCC2 Planned Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive subarea of the city with a common urban fabric.This PCC2 Center City District provides for a concentration of finance, service, retail, civic, office, and cultural uses, in -6- Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8,2024 addition to complementary uses such as hotels, entertainment and housing. The development standards are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian-oriented character. The development standards are intended to promote a transition between the more intense development in the CC 1 zoning district and the residential neighborhoods surrounding the center city. E. Trend of Development.The subject property is part of a multi-tenant shopping center that was constructed on the site of the former Elgin Watch factory.The site is generally located between downtown Elgin to the north and the Southeast Elgin residential neighborhood. The shopping center is anchored by Butera Market grocery store, and includes various retail stores, service uses,and restaurants.The trend of development along National Street will likely be that of mixed-use buildings with retail uses on the ground floor and residential uses on the upper levels. The casino property and the southeast residential neighborhood are likely to remain in their existing configurations without any significant changes to the existing buildings. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petitions 38-23 and 39-23 on January 8, 2024. Testimony was presented at the public hearing in support of and against the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated January 8,2024. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for map amendments outlined in§ 19.55.030,standards for planned developments outlined in§ 19.60.040,and standards for conditional use outlined in § 19.65.030 STANDARDS FOR MAP AMENDMENTS AND PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 11.5-acre property is improved with a 122,384-square foot shopping center and 584 accessory parking spaces. The applicant is proposing substantial interior renovation to its 2,627-square foot tenant space,but exterior changes to the building or the site are not proposed.There are no significant natural features including topography, watercourses, vegetation, and existing improvements that would -7- Recommendation& Findings of Fact Petitions 38-23 and 39-23 January 8,2024 have a negative impact on the proposed development. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer,and stormwater systems.The applicant is not proposing any changes to the existing water and sanitary sewer facilities.The existing facilities can adequately serve the existing uses and the proposed use on the property. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SR]system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The proposed cannabis dispensary would be located within an existing multi-tenant shopping center. The shopping center has four full access driveways. Two access driveways are located on National Street, one of which represents the extension of Grove Avenue and is controlled by a traffic signal. Two other full access driveways provide access to Times Suare Road on the west side of the property. The existing driveways adequately serve the property, which functions with no on-site or of-site traffic congestion.The applicant is not proposing any changes to the site layout and the property will continue to function with safe and efficient traffic circulation. The proposed adult-use cannabis dispensary is a retail use and is required to have one parking space per 250 square feet of floor area. With 2,627 square feet of floor area, the proposed dispensary is required 11 parking spaces. With the existing mix of tenants within -8 - Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8, 2024 the shopping center and the proposed cannabis dispensary, the entire property is required to have 781 parking spaces. With 584 parking spaces within the shopping center parking lot, the property does not meet its parking requirement and is classified as lawful non- conforming. The proposed dispensary is replacing a former retail store of footwear and accessories which was also required 11 parking spaces. Therefore, the proposed cannabis dispensary is not increasing the regulatory parking requirement for the shopping center,and the center will remain lawful nonconforming regarding parking. Still, the applicant observed the parking usage during its busiest time to assure adequate parking exists for its customers. The proposed dispensary expects its peak times to be on Thursday and Friday late afternoons/early evenings, and on Saturday and Sundays. The applicant observed the peak parking demand within the shopping center on Friday evenings when 133 parking spaces are occupied. This leaves 451 parking spaces available for the proposed dispensary.As such,there is adequate parking within the existing shopping center to meet the parking demand of all existing tenants and the proposed cannabis dispensary. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned G Industrial District with the first zoning ordinance in 1927. By 1950,the property was rezoned to F Industrial District. In 1962,the property was rezoned to M-1 Limited Manufacturing District. In 1992, the property was rezoned to B3 Service Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. And in 2002, the property was rezoned to PCC2 Planned Center City District by Ordinance No. G12-02. The Clock Tower Plaza shopping center is located on the site of the former Elgin National Watch Company factory, which was completed in 1866. Over time the company built additional factories and eventually closed the original factory on this site in Elgin in 1964. The building was demolished in 1966. The existing shopping center building was constructed in 1989. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to -9- Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8, 2024 consistency and compatibility with surrounding land uses and zoning. The property to the north across National Street is zoned PCC Planned Center City District and is home to the Grand Victoria casino and accessory parking lots. The property adjacent to the south is zoned MFR Multiple Family Residence District and is improved with River's Landing multi-family apartment complex. The properties to the east beyond the railroad right of way along Wellington Avenue are zoned RC3 Residence Conservation District and are improved with multi-family and single-family dwellings.The property adjacent to the west across Times Square Road is zoned CF Community Facility District and is improved with the Fox River bike trail. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area.The subject property is part of a multi-tenant shopping center that was constructed on the site of the former Elgin Watch factory.The site is generally located between downtown Elgin to the north and the Southeast Elgin residential neighborhood. The shopping center is anchored by Butera Market grocery store, and includes various retail stores, service uses,and restaurants.The trend of development along National Street will likely be that of mixed-use buildings with retail uses on the ground floor and residential uses on the upper levels. The casino property and the southeast residential neighborhood are likely to remain in their existing configurations without any significant changes to the existing buildings. G. Planned Development District Standard: The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings.The subject property is suited for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of this PCC2 Planned Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive subarea of the city with a common urban fabric.This PCC2 Center City District provides for a concentration of finance, service, retail, civic, office, and cultural uses,in addition to complementary uses such as hotels,entertainment and housing. The development standards are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian-oriented character. The development standards are intended to promote a transition between the more intense development in the CC 1 zoning district and the residential neighborhoods surrounding the center city. - 10 - Recommendation& Findings of Fact Petitions 38-23 and 39-23 January 8,2024 H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan. The subject property is designated as Downtown Mixed-Use by the City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown contains mixed- use structures featuring retail, restaurant, service uses, office and residential uses. Mixed- use structures contribute to an active street life and help foster a unique sense of place within Elgin.A variety of uses should be encouraged throughout the Downtown and should be located at or near the sidewalk with parking in the rear. ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development as a conditional use. J. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses,wetlands, and vegetation.There are no significant natural features including topography, watercourses, wetlands or vegetation. The property is developed with a 122,384-square-foot multi-tenant shopping center with accessory parking lots. The applicant is not proposing any exterior changes to the site. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and - 11 - Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8,2024 operated so as to exercise no undue detrimental influence on each other or on surrounding properties.The proposed adult-use cannabis dispensary is classified as a retail store and is compatible with other retail uses in the shopping center. The hours of operation of the proposed dispensary are similar to other uses within the shopping center. During its busies time,the shopping center parking lot is still only 23 per cent occupied(133 of 584 parking spaces occupied). This leaves more than enough parking for the proposed dispensary which requires only 11 parking spaces.The existing parking lot will continue to adequately serve all existing uses and the proposed use on the property. No on-remise consumption is proposed,either on the inside or outside of the building, and it would not be permitted. The proposed cannabis dispensary would not be permitted to advertise its products on the exterior of its premises, including no advertisement or the display of products in the storefront windows. When the City amended its zoning ordinance in 2019 to allow various adult-use cannabis businesses, it defined the sensitive land uses from which the cannabis business must be setback more than 250 feet: pre-existing public or private preschool or elementary or secondary school or daycare center,daycare home,group daycare home,part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. High Haven would be located more than 400 feet from Fox River bike trail and over 700 feet from Elgin Daycare Center at 210 National Street. The proposed use will not have any detrimental influence on the surrounding uses and properties STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings.The subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 11.5-acre property is improved with a 122,384-square foot shopping center and 584 accessory parking spaces. The applicant is proposing substantial interior renovation to its 2,627-square foot tenant space, but exterior changes to the building or the site are not proposed. There are no significant natural features including topography, watercourses, vegetation, and existing improvements that would have a negative impact on the proposed development. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. - 12- Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8,2024 Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is not proposing any changes to the existing water and sanitary sewer facilities. The existing facilities can adequately serve the existing uses and the proposed use on the property. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion.The proposed cannabis dispensary would be located within an existing multi-tenant shopping center.The shopping center has four full access driveways. Two access driveways are located on National Street,one of which represents the extension of Grove Avenue and is controlled by a traffic signal. Two other full access driveways provide access to Times Suare Road on the west side of the property. The existing driveways adequately serve the property,which functions with no on-site or of-site traffic congestion. The applicant is not proposing any changes to the site layout and the property will continue to function with safe and efficient traffic circulation. The proposed adult-use cannabis dispensary is a retail use and is required to have one parking space per 250 square feet of floor area. With 2,627 square feet of floor area, the proposed dispensary is required 11 parking spaces. With the existing mix of tenants within the shopping center and the proposed cannabis dispensary, the entire property is required to have 781 parking spaces. With 584 parking spaces within the shopping center parking lot, the property does not meet its parking requirement and is classified as lawful non- conforming. The proposed dispensary is replacing a former retail store of footwear and accessories which was also required 11 parking spaces. Therefore, the proposed cannabis dispensary is not increasing the regulatory parking requirement for the shopping center,and the center will remain lawful nonconforming regarding parking. Still, the applicant observed the parking usage during its busiest time to assure adequate parking exists for its customers. The proposed dispensary expects its peak times to be on Thursday and Friday late afternoons/early evenings, and on Saturday and Sundays. The applicant observed the peak parking demand within the shopping center on Friday evenings when 133 parking spaces are occupied. This leaves 451 parking spaces available for the proposed dispensary.As such,there is adequate parking within the existing shopping center to meet the parking demand of all existing tenants and the proposed cannabis dispensary. - 13 - Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8, 2024 D. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings.The subject property is suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. While the applicant is proposing significant interior renovation,no exterior changes to the building or the site are proposed.The proposed hours of operation are similar to other retail uses within the shopping center. The peak hours of uses within the shopping center mostly do not coincide.This results in a balanced demand for parking as demonstrated by the peak parking occupancy on Friday evenings when only 23 per cent of the parking lot is occupied. No on-premises consumption of cannabis will be permitted,on the interior or the exterior of the store, and the dispensary is not permitted to have any exterior advertising or the display of its products,including in the storefront windows.The facility will have extensive safety and security measures, including two on-premises security guards during the hours of operation,which will enhance the safety for all businesses. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporu,.v use of or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings.This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petitions 38-23 and 39-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by High Haven Dispensary, LLC, as applicant, and Paul and Carol Butera, as property owners, received November 24,2023, and supporting documents including: a. Undated High Haven Dispensary, LLC Statement of Purpose and Conformance, received November 24,2023; b. Undated High Haven Dispensary Inventory Control Plan,received November 24,2023; c. Undated High Haven Dispensary Cannabis Waste Disposal Plan, A Plan for the Removal, Destruction, and Disposal of Cannabis Waste,received November 24,2023; - 14- Recommendation & Findings of Fact Petitions 38-23 and 39-23 January 8, 2024 d. Undated High Haven Dispensary Security and Lighting Plan, received November 24, 2023; e. Undated High Haven Dispensary, LLC Sign Plan, received November 24, 2023, with such further revisions as required by the Community Development Director; f. Site Plan,prepared by Antonio Fanizza Assoc. Ltd,dated May 9,2016; and g. Undated First Floor Life Safety Plan, Sheet LS 1.1, received November 24, 2023,with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the tenns of this ordinance or other applicable city ordinances shall supersede and control. 2. If any new exterior lighting is proposed,at the time of building permit review,the applicant shall submit a photometric plan which incorporates any existing and proposed outdoor lighting fixtures, including free standing lights and building-mounted light fixtures, in compliance with the zoning ordinance requirements. 3. Before the issuance of an occupancy permit, the proposed "adult-use cannabis dispensing organization" [SR] must file a copy of all required state licenses to operate as an "adult- use cannabis dispensing organization" [SR] with the Development Administrator. 4. The proposed adult-use cannabis dispensing organization may expand within the existing building without the need to amend this conditional use approval, provided the applicant receives all applicable State of Illinois licenses and approval for such expansion. The applicant shall submit the applicable State of Illinois license and other approvals to the Development Administrator prior to such expansion. 5. On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half(8.5) inches by eleven(11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment." 6. The business operations of the proposed adult-use cannabis dispensing organization shall comply with all restrictions and requirements of Ordinance No. G65-19, an Ordinance Regarding Regulations for Cannabis Business Establishments And Amendments to Ordinances Regarding Cannabis and Drug Paraphernalia,as amended. 7. The sale of cannabis products to persons under twenty-one(21)years of age is prohibited. A photo identification showing proof of age shall be required of everyone under twenty- seven (27) years of age desiring to purchase cannabis products. A sign, at least eight and one-half(8.5) inches by eleven (11) inches, with lettering on such sign at least one-half inch(0.5")in height,shall be posted inside,at a location clearly visible to patrons,with the - 15 - Recommendation& Findings of Fact Petitions 38-23 and 39-23 January 8, 2024 following language,"The sale of cannabis products to persons under twenty-one(21)years of age is prohibited." 8. The applicant shall comply with the restrictions for advertising outlined in Section 6.07.100 of the Elgin Municipal Code,as amended. 9. No products sold by the proposed adult-use cannabis dispensing organization shall be visible from the public street,sidewalk or other public place. 10.The proposed adult-use cannabis dispensing organization is prohibited from selling any product containing alcohol, except tinctures, which must be limited to containers that are no larger than 100 milliliters. 11. The proposed adult-use cannabis dispensing organization shall not produce or manufacture any cannabis. 12. All street graphics must comply with the zoning ordinance requirements. 13. A Certificate of Occupancy for the proposed adult-use cannabis dispensing organization shall be issued not later than three years from the date of the adoption of this ordinance. 14. Compliance with all applicable codes and ordinances. The vote of the Planning&Zoning Commission on the motion to recommend approval of Petitions 38-23 and 38-23 subject to the conditions outlined above, was five (5) yes, zero (0) no, and one (1)abstention. One member was absent. Respectfully Submitted, s/Jay Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 16- it \ i .ie 4 " ', aQ �J . er # ci:'; � ® •e, SV' A� 4« \ ' , AY .p I y- V*0 ' '', -.- ',, :)" 0 *Si". et,Lk jr— c cr�� Subject Property 9 Petition 38-23 & 39-23 • FI ..„p P!,,, , * , . 0 . 1.4706.1*- k•rilifb....3 ‘, i ' Cle A.\erOes - A ' .� \ 0 100s$7,40..: ' tjat -- ,% 3,. ".:--1 r st • 1....•:\ %,. • 7 Ay ,,,_ , . R 401,.. % • / ,, , IP40 ,2 A, e sii, . . „.,,, ._ • ._ ,...... ,..4F, ..... ., , ,.. , .„„„,,.., .ato . ',.;-:- as :- 8att►ettP `,,,, ,It. ti ...,1,0,. A a *IT ‘7,..,OO $t iit 0.II"..., 0 11111.41001 0 . ,. 4 I... ......:__-.. ' * 0 ‘ . r Via' -i _ '- ' j • �_,`+\ . \ ,....,...:,, t \ „ 4.., Y` la BOOth'.Ci i 0 \ , T/mes SV . \ . ' . '• • 1 \\ 1 EXHIBIT Aerial/Location Map N I+�/ {S 0 60 120 240 360 480 Map prepared by City of Elgin Feet Department of Community Development to . CC2 ,, i , RerdiPRC ;tells St st '1%, . # il'/4.c. Nes "'SA VN IR ♦ e 00 N4411141 L • ‘, 11 A Mg agora,st d Subject Property _ Petition 38-23 & 39-23 0i31 0 : P;Ø • 0 01 NB I RC3 1.111\ \ 2.1 Legend .nett ORC1 Residence Conservation 1 .! Ba 1 ORC2 Residence Conservation 2 , QRC3 Residence Conservation 3 \ ' ' QPRC Planned Residence Conservation ' Q SFR1 Single Family Residence 1 , O PSFR1 Planned Single Family Residence 1 . Q SFR2 Single Family Residence 2 c Q PSFR2 Planned Single Family Residence 2 l0, Q C�L TRF Two Family Residence 11�I C� Ii ' PTRF Planned Two Family Residence ��� .... fill O MFR Multiple Family Residence O PMFR Planned Multiple Family ResidenceIP QRB Residence Business W Q PRB Planned Residential Business T`neS•S(r Bent St ®NB Neighborhood Business WIMI=MMINE c mi ii MIgi PNB Planned Neighborhood Business c -AB Area Business • ' ■ -PAB Planned Area Business 30.. _- . -CC1 Center City 1 C -CC2 Center City 2 i D � .-PCC Planned Center City Lessenden P.I L _=c -ORI ONce Research Industrial-PORI Planned Office Research Industrial 111111 '_y in -GI General Industrial il= ==•+ , =PGI Planned General Industrial �_ ,CI Commercial Industral •-CF Community Facility __ ' -PCF Planned Community Facility ■- EXHIBITS Zoning Map w -:,,- E S Map prepared by City of Elgin 0 80 160 320 480 640 Feet Department of Community Development / t 000 10 c„ V 0 o Subject Property L 15 Clock Tower Plz. Petition 38-23 & 39-23 ,----- 1,..1& , -)j $° atcn gt itx 0624126002 ate., OP% 0 *et .PI.° 10Ijh' \ , EXHBIIT C Parcel Map N A City of Elgin 0 40 80 160 240 320 Department of Community Development Feet EXHIBIT D SITE LOCATION 15 Clock Tower Plaza Petition 38-23 and 39-23 , „.. . , -• . ., . . . ,k, /- •,,;...•,: • • ' r, 'ft '.1111. .•, .P 410 ' . \ C, •,14 l'oe • ' ' ' ,.''s e,f• , '1,. 441 ' ve k'.• d' ,••‘ •••• :\ \' •- ,•'' \ ••#' , . •P . i& -. '' ‘,,, • ,c. , 1,41 . ' ... , , , • ip•t 'r'' '• •,'4%.tor'' \ , ...0, \tc.. , A4 ‘.. • .4-, \..,,--' \,. ''• to ), . •'" ' di t It• ••''''s '. `4),Iss'O. , ."Li' '4 ' t •000/0 •' '•Oe.". •- ' * •. . ' ,,. 2.t N.,•:.?,,, ,, , .,,s ‘ • k '' •, 't ' -.\ '. \ , • .,s • ;A., .,,,' ' ikih. . • Or - \ • f f ...- • I t. -, 1 s.114 s,''. ,\ i' 0.• ' '''' JOAA . ' .4 ---...:7•'••'' •:•••, ' 't .It: ", ,, , •. t ' . • ‘'•-‘ -•••\ NI ' 4.10kf • ''''..\-. • ,, , • • \ '-' ,‘' ' — '•••''''t'1, • it , . 0.004\ ' ... 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' enant s i ace • "•'4,f7.::,;5•-to• "*;^ _ ,....- 4 ,•• . -,.. . • '1-40 ;S^'.."-'4 .."` • se • :... .1 ti. . - Ai .. i ...7"' J.. -''• • - '-'' •, ..,..-., • '6, • 1 4 ' * -• 'WI-- ' .••.- 1 it•-.).:110Pi •-• • ••• '4...• —1-' ..- -'' 1W ' ,t „ _. . .. - --.„..,„t ett.4`,* - ^":-.4.?,e t'.."...•-"•...t.1„, • r.....44,41 ,, •... n4/ .0i , .::: ,,:!...5‘4,i.z.o. :7,:tt•A•••..4•‘•;;: i.,...:'t,...,,, . • t- - ...4. z...-., C'•S' •' • '''' : V', ,,: V5i•<‘• ''" • - t .t ., ... go 00 ...„.' ...:,14 ' •-. .e.,.....s, ,P,• ...i. ) • •••• ir. -••• .2.• A*,..`,••A‘ ..1..e a..., . `.;. , , , - -( - - •., -44. , ....v. ......A.- .110 0,‘ 40 all - ..., . 40 ' — •-.: 4.. 40 ., 4,,, '-''. .S,,,-,-'",.\V-10.4),,i--#-•'- sr 4 • ZoS-7... ‘"'-'s-,A1*-._•X.'"'t f • 'Ir.* ...,:. . ... ,..0‘, • A - . ' , t. .. .... ,.._ . ,i, -•., :it:, „-- - .,,. . tai . . • ...• . .-.,,• ,,,,-„i . .,....,,- - ....4 : i!'"A.4.',A!' '• - ti^ '4°' ''.. t4b " ...• ,0' •i• • . .. .a.. ' 0,) L. •a -.1101. • L.:- \ . iik , -' x meet. ,,-.2:-:'1', .;',,•:" . --6.- - - ' . * '...- ock,' C . 74.-4 •:., 'k4 •": ‘. ' *0 ‘4a" i ---, '''' (4`,2 7.--;.).'-• ,... .P -' -• r.L‘ „.„,..-- * ". ••••••.;---.4 . ...'...••••,- • ' 440 it •' .* - .11` -- 4, S.44 4.. 4 ---, ••••'il 4,--.•,' . • ' Vet "‘" • 4 t / Nit ''''..N.., :. •.t! ) k•-, 41 t•ta‘ 74, _ \,, . • 14W° ..., / ititir. •-•,"' , -,..-1..„ , .4* • • .6', Ne • tk.*. ,',(.,„-'' N . ..0 47/-Villk.- - • ,,,,),te-m. ',"-',---,t.,-...- t• 1- •• \ , ....gr'' '' -• Bird's eye view looking south EXHIBIT D SITE LOCATION 15 Clock Tower Plaza Petition 38-23 and 39-23 '� . is N., �9c0r Peen . t �_ ." '+ 3-_ t _ - . V,.. art•,, I e • ', PO • ,yt •. Syr: \ ":A I ., .• - ...,> \ '+" y+F +90' .ZS ` k �` � \ - i� cloc_Y TOLirPr Plriz�I..._ 1 - t r s tennilt oI;.iCF_ G\ \l a \` t t. -�i ham i . �i• '' - n. t .✓ �`4*tom Le'v i 1�s ./'� ems. .+ �` 1 at. ,s ��� � `\ L'4 l� 4; , IL ;yam. '� e.• �\ ii`{ yG .,_ \ l 54, y PJec y aor A� s.41 .�: Bird's eye view looking east t wiergilit _ . . j - 'T. e 1� Clock Tower Plz C ' • tenant space ` Front elevation of 15 Clock Tower Plaza tenant space 2