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HomeMy WebLinkAboutG68-22 Ordinance No. G68-22 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN ADULT-USE CANNABIS CRAFT GROWER IN THE GI GENERAL INDUSTRIAL DISTRICT (450 Shepard Drive) WHEREAS, written application has been made requesting conditional use approval to establish an adult-use cannabis craft grower at 450 Shepard Drive; and WHEREAS,the zoning lot with the building containing the premises at 450 Shepard Drive is legally described herein(the"Subject Property"); and WHEREAS, the Subject Property is located within the GI General Industrial District, and an adult-use cannabis craft grower is listed as a conditional use within the GI General Industrial District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on November 7, 2022, 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 GI General Industrial District 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 November 7, 2022, 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 for an adult-use cannabis craft grower is hereby granted for the property commonly known as 450 Shepard Drive, and commonly identified by Kane County Property Index Number 06-22-179-004, and legally described as follows: Lots 2 and 3 of Second Addition to Burnidge Bros. Industrial Park Block A and B of Unit No. 1 Recorded as Document 1172134 at Plat Book 55 Page 27, in the City of Elgin, Illinois. (commonly known as 450 Shepard Drive) 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 Grand Legacy Group LLC, as applicant, and Elgin Properties LLC, as property owner, received September 21, 2022, and supporting documents including: a. The letter RE: Conditional Use and Rezoning Applications for a Craft Grow Business at 450 Shepard Drive,Elgin IL 60120, prepared by Grand Legacy Group, dated September 21, 2022; b. Grand Legacy Group LC Statement of Purpose and Conformance Addendum and Revisions as of 10/28/2022,received October 28, 2022; c. ALTA/NSPS Land Title Survey,prepared by Roy G. Lawniczak, dated September 7, 2022; d. Six-page architectural plan set, including Sheet Nos. A000, A100, A200, A201, SE100 Exterior Camera Layout, and SE100 Lower Level Interior Camera Layout, prepared by ECA Architects and Planners, dated October 27, 2022, with such further revisions as required by the Community Development Director; e. Proposed Lower Level Plan Sheet No. A202, prepared by ECA Architects and Planners, dated October 11, 2022, with such further revisions as required by the Community Development Director; f. Proposed Upper Level Plan Sheet No. A202, prepared by ECA Architects and Planners, dated October 11, 2022, 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. At the time of building permit review, the applicant shall submit a photometric plan which incorporates any and all outdoor lighting fixtures, including free standing lights and building-mounted light fixtures, in compliance with the zoning ordinance requirements. 2 3. Any refuse collection area to be located on the exterior the subject property shall be designed and located in full compliance with the zoning ordinance requirement. 4. Before the issuance of an occupancy permit, the proposed "adult-use cannabis craft grower" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis craft grower" [SR] with the Development Administrator. 5. The proposed adult-use cannabis craft grower may expand the cannabis growing canopy area within the 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. 6. 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." 7. All street graphics must comply with the zoning ordinance requirements. 8. A Certificate of Occupancy for the proposed adult-use cannabis craft grower facility shall be issued not later than three years from the date of the adoption of this ordinance. 9. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. David J. Ka ain, ayor Presented: December 21, 2022 Passed: December 21, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 21, 2022 Published: December 21, 2022 ^s ?'� �i uPaspu.� n, ti Attest: {[M Kimberly Dewis, Clerk 3 EXHIBIT A November 7, 2022 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning and Zoning Commission regarding Petitions 41-22 and 42-22, an application by Grand Legacy Group LLC, as applicant, and Elgin Properties LLC, as property owner, requesting a map amendment from Cl Commercial Industrial District to GI General Industrial District and a conditional use to establish an adult-use cannabis craft grower at the property commonly referred to as 450 Shepard Drive. GENERAL INFORMATION Petition Number: 41-22 and 42-22 Property Location: 450 Shepard Drive Requested Action: Map Amendment from Cl to GI District and Conditional use for adult-use cannabis craft grower Current Zoning: CI Commercial Industrial District Proposed Zoning: GI General Industrial District Existing Use: Partially occupied office and warehousing building Proposed Use: Adult-use craft grower Applicant: Grand Legacy Group LLC Owner Elgin Properties LLC Staff Coordinator: Damir Latinovic AICP, Senior Planner Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 Exhibits Attached: A Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location E. Elgin Police Department recommendation regarding the security and outdoor lighting plan F. Development Application and Attachments G. Draft Ordinance H. Application for State of Illinois License available Electronically here: hgps:Helgin.box.com/sAhm391 ng96y7x6c4tfl 7ggritxggzv5i8 BACKGROUND Grand Legacy Group LLC, as applicant, and Elgin Properties LLC, as property owner, are requesting a map amendment from Cl Commercial Industrial District to GI General Industrial District and a conditional use to establish an adult-use cannabis craft grower at the property commonly referred to as 450 Shepard Drive. The 1.1-acre property, zoned CI General Industrial District, is located at the northwest corner of Shepard Drive and Berkley Street int eh Burnidge Bros. Industrial Park. The property is improved with a two-story approximately 30,000-square foot building and 57 parking spaces in three surface parking lots located north and south of the building. The property has three access driveways: one access driveway to Shepard Drive provides access to the north parking lot, while two access driveways to Berkley Street provide access to the two parking areas south of the building. The building has two loading docks on the south side of the building with access from Berkley Street. The multi-tenant building is home to several office uses, including two real-estate offices and a dentist office, and several general contractor offices, including a carpet cleaning business and a general construction company office. All existing tenants are expected to vacate their premises by December 31, 2022. The property adjacent to the west is zoned GI General Industrial District and is improved with a one-story manufacturing building home to Simplomatic,a manufacturer of various metal products. The property adjacent to the north is a one-story office building, zoned CI Commercial Industrial District, home to an engineering company. The property to the east across Shepard Drive is zoned - 2 - Recommendation &Findings of Fact Petitions 41-22 and 42-22 November 7,2022 Cl Commercial Industrial District and is improved with a one-story commercial building home to Elgin Lanes bowling alley. The property to the south across Berkley Street is vacant open space part of the 14-acre property zoned PGI Planned General Industrial District which includes a 246,000-square foot office and warehousing building home to Staniar Packaging, a packaging supply company. Su 'ect Property T, a9 Figure 2.Site area map with zoning overlay Proposal The applicant is proposing to establish an adult-use (recreational) cannabis craft grower facility within the existing 30,000-square foot two-story building. A craft grower is a smaller facility (when compared to the cultivation center) licensed by the State of Illinois Department of Agriculture to cultivate,dry,cure and package cannabis,and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization. The applicant has received a license from the State of Illinois Department of Agriculture and must establish the operations by May 31, 2023 absent any subsequent extensions granted by the State. The applicant submitted the application to the State of Illinois to operate the craft grower at a facility in Chicago Heights,IL.The applicant received the license from the State of Illinois in June 2022,but is now seeking to establish the craft grower facility at the subject property at 450 Shepard Drive in Elgin. -3 - Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 �Wa " __ -- - �A- a - Yi xcwfpx;w I, ill --A I .. . --nnn,.. .. 7 Uv.AKY1tW MIYY.Nf::f f„j �.-.N/Y.IW NHWYI_:U 4r lnF..rn^ if.i•7.lIYf� - h z'R-' 1 r. I • f' I . - - _ Whi -- v - - •.M IL.r YIf: : y • •� IVV .M 00• Figure 3.Proposed cannabis craft grower operation within the western portion of the lower level(top),and tenative upper level floor plan for the expanded craft grower operation in the future(bottom) A craft grower is permitted to have up to 14,000 square feet of cannabis plant growing canopy. However, the State of Illinois first issues the license for 5,000 square feet of canopy. Applicants can subsequently request approval to expand the canopy area in 3,000-square foot increments up to the maximum permitted 14,000 square feet. The applicant has received approval for the initial 5,000 square feet of canopy space and plans to first occupy the western portion of the lower level. -4- Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7,2022 The applicant intends to apply to State of Illinois to increase the cannabis plant growing canopy up to the maximum 14,000 square feet. The cannabis craft grower operation would be expanded within the entire building as the State of Illinois license approvals are obtained and applicable building permits within the building are obtained from the City of Elgin. The applicant is proposing substantial interior remodel to accommodate the new use, however, no exterior changes to the building and only minor site changes to accommodate an accessible ramp to the lower level of the building are proposed. In addition to the future expansion of the cannabis growing space, the facility would have a vegetation room, a lab, and various office and administrative areas. The proposed hours of operation would be 8 a.m. to 5 p.m. Monday-Sunday with up to 14 employees. In addition to the extensive tracking and monitoring of cannabis product, the facility would have one security guard during the hours of operation and no security guards when the facility is closed. There would be no on-site retail sales of cannabis and no on-site consumption of cannabis products. Sales of cannabis products would be made only to licensed companies,and product would be picked-up by State-licensed,third-party transporting companies. The Elgin police department has reviewed the proposed security plan and confirmed the proposal is in compliance with the state requirements for cannabis production facilities. The proposed facility is required to have one parking space per 1,000 square feet of building floor area, or one parking space per 1.5 employees, whichever is greater. With 30,216 square feet and maximum 14 employees, the facility is required 30 parking spaces. With 56 parking spaces proposed to remain (one existing parking space would be eliminated to establish an ADA accessible route to the lower level), the property will continue to meet its parking requirement. Environmental Impact The applicant will implement an odor control plan to mitigate and prevent any nuisance to the surrounding properties. The natural growth of cannabis product and other processes at such production facilities emit odor referred to as volatile organic compounds, or VOCs. The VOCs from the cannabis industry typically do not pose a threat to human health.The applicant will install and operate various types of odor control equipment, including carbon filtration to prevent any emissions of odor. Like other types of agriculture, cannabis production can be a water-intensive process. However, the applicant plans to utilize certain filtration processes and irrigation methods that will significantly reduce water needs and reduce wastewater as a byproduct of cannabis cultivation. 70%of water run off would be treated and reused, while 30%would enter the wastewater system. To minimize the risk of introducing any contaminants to cannabis plants typically found in drinking water and to ensure desirable levels of dissolved oxygen in the water, the facility will utilize reverse osmosis(RO) filtration system to strip any impurities or pollutants out of the water before it is dispersed to the plants. Overall, the applicant anticipates the facility using about 400 gallons of water per day for 5,000 - 5 - Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 square feet of canopy growth area. Of that 300 gallons would be city water, while 100 gallons would be reclaimed water. If the facility expands to the maximum permitted 14,000 square feet of canopy growth area, the facility is expected to draw approximately 900 gallons of city water per day. This expected consumption level is similar to 3 typical three-person households, which use approximately 300 gallons of water per day per household. The facility will dispose of any liquid and non-liquid waste products in compliance with all applicable state and federal agencies, including Environmental Protection Agency (EPA) and Illinois Environmental Protection Agency (IEPA). All cannabis waste rendered unusable would be composted. Composting would consist of grinding waste cannabis material and mixing it into other ground material. The resulting mix will consist of at least 50% non-cannabis waste by volume.The composted cannabis waste is then picked-up and disposed of by a waste management company at State of Illinois approved waste facilities. The adult-use cannabis craft-grower is not a permitted use in the Cl Commercial Industrial District. Therefore,the applicant is proposing to rezone the property to GI General Industrial District,which would match the zoning classification of the properties adjacent to the west and south and the majority of the properties in the Burnidge Bros. Industrial Park. The adult-use cannabis craft grower is classified as a conditional use in the GI General Industrial District and requires the review and recommendation by the Planning and Zoning Commission and approval by City Council. The City Council approved its zoning scheme for adult-use cannabis businesses in late 2019. Dispensaries may locate by grant of conditional use in Neighborhood Business (NB), Area Business (AB), and downtown (CC 1 and CC2) zoning districts. Growing, processing, and transporting businesses may locate by grant of conditional use in General Industrial (GI) and Office Research Industrial (ORI) zoning districts. No adult-use cannabis business may locate within 250 feet of a sensitive land use, including a 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. Residential land uses are not considered a sensitive land use from which a cannabis business must be setback. The Community Development Department offers the following additional information: A. Property History. The subject property was annexed to the City in 1962. Upon annexation, the property was zoned MI Limited Manufacturing. The property was subdivided in 1970, and the existing two-story office building was completed in 1976. In 1992, the property was rezoned to Cl Commercial Industrial District as part of the comprehensive amendment to the zoning ordinance. B. Surrounding Land Use and Zoning. The property adjacent to the west is zoned GI General Industrial District and is improved with a one-story manufacturing building home to Simplomatic, a manufacturer of various metal products. The property adjacent to the - 6 - Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 north is a one-story office building, zoned CI Commercial Industrial District, home to an engineering company. The property to the east across Shepard Drive is zoned Cl Commercial Industrial District and is improved with a one-story commercial building home to Elgin Lanes bowling alley. The property to the south across Berkley Street is vacant open space part of the 14-acre property zoned PGI Planned General Industrial District which includes a 246,000-square foot office and warehousing building home to Staniar Packaging, a packaging supply company. C. Comprehensive Plan.The subject property is designated as Light Industrial by the City's 2018 Comprehensive Plan. This land use includes light-industrial uses and business parks consisting of a range of uses such as research and development, light distribution and warehousing, light manufacturing, and service and consumer-oriented businesses. The scale and intensity of these uses should vary based on context and respect the scale and character of nearby housing when located near a residential area. When adjacent to a commercial district or residential neighborhoods, buffering and screening should be in place to appropriately mitigate potential negative impacts and nuisances. Generally speaking, light-industrial uses and activities are conducted entirely indoors and are relatively low in intensity with limited impact on adjacent properties. D. Zoning District. The applicant is proposing to rezone the property from Cl Commercial Industrial District to GI General Industrial District. The purpose and intent of the GI General Industrial District is to provide an alternate industrial environment for those industrial uses that do not require the location or environment of an ORI zoning district. E. Trend of Development. The subject property is located in the Burnidge Bros. Industrial Park located south of US Highway 20 and west of S. McLean Boulevard. On the west, the industrial park borders a multi-family residential neighborhood, and on the south, the industrial park borders the Elgin Community College campus. The properties along S. McLean Boulevard have developed with general commercial auto-oriented uses and restaurants. Most recent development within the industrial park include renovations to existing properties, including the R+L Carriers facilities at 375 Second Street and 1751 Berkley Street, as well as the improvements to the 250,000-square foot building at 1600 Fleetwood Drive. Staff is noting a renewed interest in the area following the completion of the US Highway 20 and S. McLean Boulevard intersection and the improved access that this project has provided for this industrial area. - 7 - Recommendation&Findings of Fact Petitions 41-22 and 42-22 November 7,2022 FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petitions 41-22 and 42-22 on November 7, 2022. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated November 7, 2022. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for map amendments outlined within § 19.55.030, and standards for conditional uses outlined within§ 19.65.030: STANDARDS FOR MAP AMENDMENTS A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district 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 zoning district with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 1.1-acre property is improved with an approximately 30,000- square foot two-story multi-tenant office building and surface parking lots with 57 parking spaces. The existing property improvements cover almost the entire property with little open space. There are a couple mature trees on the subject property along Shepard Drive that would remain. The applicant is not proposing any exterior changes to the building and only minor changes to the site to add an accessible route to the lower level. There are no existing natural features, including topography or watercourses that would have a negative impact on the proposed use of the existing building. B. Sewer and Water Standard.The suitability of the subject property for the intended zoning district with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended zoning district with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The subject property is served by municipal water,sanitary sewer,and stormwater utilities. The existing utilities can adequately service the proposed use. The applicant is not proposing to make any changes to the existing water, sanitary sewer, and stormwater infrastructure. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on-site and off-site -8 - Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 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"[SRI 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 zoning district with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The subject property includes three parking lots,one north of the building and two south of the building. The access to the parking lot on the north side of the building is from the full access driveway on Shepard Drive. Each parking lot south of the building has its own full access driveway to Berkley Street. The applicant is proposing only a minor change to the site to accommodate an accessible route to the lower level which will result in the loss of one parking space. The property would continue to function with efficient on-site circulation with no impact on the traffic pattern on the adjacent streets. The proposed facility is required to have one parking space per 1,000 square feet of building floor area, or one parking space per 1.5 employees, whichever is greater. With 30,216 square feet and maximum 14 employees,the facility is required 30 parking spaces. With 56 parking spaces proposed to remain, the property will continue to meet its parking requirement. D. Zoning History Standard. The suitability of the subject property for the intended zoning district 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 zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed to the City in 1962.Upon annexation,the property was zoned M1 Limited Manufacturing. The property was subdivided in 1970, and the existing two- story office building was completed in 1976. In 1992, the property was rezoned to CI Commercial Industrial District as part of the comprehensive amendment to the zoning ordinance. -9- Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7,2022 E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land uses and zoning. The property adjacent to the west is zoned GI General Industrial District and is improved with a one- story manufacturing building home to Simplomatic, a manufacturer of various metal products. The property adjacent to the north is a one-story office building, zoned CI Commercial Industrial District,home to an engineering company.The property to the east across Shepard Drive is zoned CI Commercial Industrial District and is improved with a one-story commercial building home to Elgin Lanes bowling alley. The property to the south across Berkley Street is vacant open space part of the 14-acre property zoned PGI Planned General Industrial District which includes a 246,000-square foot office and warehousing building home to Staniar Packaging, a packaging supply company. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district 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 zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located in the Burnidge Bros. Industrial Park located south of US Highway 20 and west of S. McLean Boulevard. On the west, the industrial park borders a multi-family residential neighborhood,and on the south,the industrial park borders the Elgin Community College campus.The properties along S.McLean Boulevard have developed with general commercial auto-oriented uses and restaurants. Most recent development within the industrial park include renovations to existing properties,including the R+L Carriers facilities at 375 Second Street and 1751 Berkley Street, as well as the improvements to the 250,000-square foot building at 1600 Fleetwood Drive. Staff is noting a renewed interest in the area following the completion of the US Highway 20 and S. McLean Boulevard intersection and the improved access that this project has provided for this industrial area. G. Zoning District Standard: The suitability of the subject property for the intended zoning 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 suitable for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The applicant is proposing to rezone the property from CI Commercial Industrial District to GI General Industrial District. The purpose and intent of the GI - 10- Recommendation&Findings of Fact Petitions 41-22 and 42-22 November 7,2022 General Industrial District is to provide an alternate industrial environment for those industrial uses that do not require the location or environment of an ORI zoning district. The property adjacent to the west is zoned GI General Industrial District, and the property to the south across Berkeley Street is zoned PGI Planned General Industrial District. The proposed GI District classification is consistent with surrounding properties and the majority of other properties in the Burnidge Bros. Industrial Park. H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended zoning district with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan.The subject property is designated as Light Industrial by the City's 2018 Comprehensive Plan. This land use includes light-industrial uses and business parks consisting of a range of uses such as research and development,light distribution and warehousing,light manufacturing, and service and consumer-oriented businesses.The scale and intensity of these uses should vary based on context and respect the scale and character of nearby housing when located near a residential area. When adjacent to a commercial district or residential neighborhoods, buffering and screening should be in place to appropriately mitigate potential negative impacts and nuisances. Generally speaking, light-industrial uses and activities are conducted entirely indoors and are relatively low in intensity with limited impact on adjacent 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,and vegetation,and existing improvements. The 1.1-acre property is improved with an approximately 30,000- square foot two-story multi-tenant office building and surface parking lots with 57 parking spaces. The existing property improvements cover almost the entire property with little open space. There are a couple mature trees on the subject property along Shepard Drive that would remain.The applicant is not proposing any exterior changes to the building and only minor changes to the site to add an accessible route to the lower level. There are no existing natural features, including topography or watercourses that would have a negative impact on the proposed use of the existing building. B. Sewer and Water Standard. The suitability of the subject property for the intended - 11 - Recommendation &Findings of Fact Petitions 41-22 and 42-22 November 7,2022 conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. 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 subject property is served by municipal water,sanitary sewer,and stormwater utilities. The existing utilities can adequately service the proposed use. The applicant is not proposing to make any changes to the existing water, sanitary sewer, and stormwater infrastructure. 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 subject property includes three parking lots,one north of the building and two south of the building. The access to the parking lot on the north side of the building is from the full access driveway on Shepard Drive. Each parking lot south of the building has its own full access driveway to Berkley Street. The applicant is proposing only a minor change to the site to accommodate an accessible route to the lower level which will result in the loss of one parking space. The property would continue to function with efficient on-site circulation with no impact on the traffic pattern on the adjacent streets. The proposed facility is required to have one parking space per 1,000 square feet of building floor area, or one parking space per 1.5 employees, whichever is greater. With 30,216 square feet and maximum 14 employees,the facility is required 30 parking spaces. With 56 parking spaces proposed to remain,the property will continue to meet its parking requirement. 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. The proposed cannabis production would take place entirely on the interior of the existing building. The proposed hours of operation 8 am — 5 pm Monday through Sunday are similar to that of other businesses in the industrial park. The facility will not cause any noxious odors. With only 14 employees and few pick-up/deliveries during the week,the facility will have minimal impact on the existing traffic pattern in the neighborhood. The proposed use will not be located and operated in a manner that will - 12 - Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 exercise undue detrimental impact on surrounding properties. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary 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 and Zoning Commission recommend approval of Petitions 41-22 and 42-22, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Grand Legacy Group LLC, as applicant, and Elgin Properties LLC, as property owner, received September 21, 2022, and supporting documents including: a. The letter RE: Conditional Use and Rezoning Applications for a Craft Grow Business at 450 Shepard Drive, Elgin IL 60120, prepared by Grand Legacy Group, dated September 21, 2022; b. Grand Legacy Group LC Statement of Purpose and Conformance Addendum and Revisions as of 10/28/2022, received October 28, 2022; c. ALTA/NSPS Land Title Survey, prepared by Roy G. Lawniczak, dated September 7, 2022; d. Six-page architectural plan set,including Sheet Nos.A000,A100, A200,A201,SE100 Exterior Camera Layout,and SE 100 Lower Level Interior Camera Layout,prepared by ECA Architects and Planners, dated October 27, 2022, with such further revisions as required by the Community Development Director; e. Proposed Lower Level Plan Sheet No. A202, prepared by ECA Architects and Planners, dated October 11, 2022, with such further revisions as required by the Community Development Director; f. Proposed Upper Level Plan Sheet No.A202,prepared by ECA Architects and Planners, dated October 11, 2022, 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. - 13 - Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 2. At the time of building permit review, the applicant shall submit a photometric plan which incorporates any and all outdoor lighting fixtures, including free standing lights and building-mounted light fixtures, in compliance with the zoning ordinance requirements. 3. Any refuse collection area to be located on the exterior the subject property shall be designed and located in full compliance with the zoning ordinance requirement. 4. Before the issuance of an occupancy permit, the proposed "adult-use cannabis craft grower" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis craft grower" [SR] with the Development Administrator. 5. The proposed adult-use cannabis craft grower may expand the cannabis growing canopy area within the 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. 6. 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 ground of this establishment." 7. All street graphics must comply with the zoning ordinance requirements. 8. A Certificate of Occupancy for the proposed adult-use cannabis craft grower facility shall be issued not later than three years from the date of the adoption of this ordinance. 9. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined above, was seven (7) yes, zero (0) no, and zero (0) abstentions. All members were present. Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning& Zoning Commission - 14- Recommendation & Findings of Fact Petitions 41-22 and 42-22 November 7, 2022 s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning & Zoning Commission - 15 - r I� r� t ItiliYr«e ,t i rr 4,. k web t " r ' Subject Property Petition 41 -22 & 42-22 . + x kT .ow B=rkley «� •. Q+ w.;. Fleetwood Dr EXHIBIT Aerial/Location Map W+E s Map prepared by City of Elgin o 50 ioo 200 300 aoFeet Department of Community Development 7 7cr-. R RB RC1 d Q CF Mulberry Ln t MFR " PAB ;J V South St ROvtelp RB m 20 e AB Main Ln C1 Subject Property i Petition 41 -22 & 42-22 Legend QRC1 Residence Conservation 1 GI ORC2 Residence Conservation 2 j QRC3 Residence Conservation 3 OPRC Planned Residence Conservation PRC O SFR1 Single Family Residence 1 O PSFRt Planned Single Family Residence 1 O SFR2 Single Family Residence 2 O PSFR2 Planned Single Family Residence 2 Q OTRF Two Family Residence t� ro OPTRF Planned Two Family Residence a Q QMFR Multiple Family Residence QPMFR Planned Multiple Family Residence r 1\B QRB Residence Business '' 7I - QPRB Planned Residential Business G 1. ,�7 f T -NB Neighborhood Business 1 I 1 -PNB Planned Neighborhood Business - -AB Area Business Fleetwood Dr -PAB Planned Area Business -CC Center City 1 -CC2 Center City 2 -PCC Planned Center City -ORI Office Research Industrial NBr PRC -PORI Planned Office Research Industrial / -GI General Industrial -PGI Planned General Industrial -Cl Commercial Industrial PCF -CF Community Facility -PCF Planned Community Facility EXHIBIT Zoning Map " W+E S Map prepared by City of Elgin 0 80 160 320 480 640 Department of Community Development Feet Subject Property Petition 41 -22 & 42-22 450 Shepard Dr. 7 0622179004 Berkley St �a r CO EXHBIIT C Parcel Map N A City of Elgin 0 15 30 60 90 120 Department of Community Development Feet EXHIBIT D SITE LOCATION 450 Shepard Dive Petition 41-22 and 42-22 p =3 gas Ir lei 0 1 p a A' Y 1 � �:,�,`' _ • _ __ Berk�t� Bird's eye view looking north ' L iierbteyStrQ"'AW F �... .tom{ p � { , Bird's eye view looking south EXHIBIT D SITE LOCATION 450 Shepard Dive Petition 41-22 and 42-22 • l' Y .f East elevation of the existing building l ,ti r South elevation of the existing building ELGIN Police Department EXHIBIT E Elgin Police Department 151 Douglas Avenue Elgin, Illinois 60120-5503 For more information contact: Phone: (847)289-2700 Fax: (847)289-2750 Elgin Planning and Zoning Commission 150 Dexter Court Elgin IL 60120 Greetings, The Elgin Police Department has reviewed the dev application 450 Shepard Dr-Cannabis Craft Grower pursuant to Elgin ordinance No. G63-19, section G subsection(e). With respect to the proposed security plan the identified type of exterior lighting and location of lighting appear to be appropriate for this structure. The access to the 24- hour surveillance system to monitor the interior and exterior of the craft grower facility that is accessible to our police department in real time and the retention period of the video proposed is appropriate for both in progress events and past incident investigations that may occur. Consideration should be given to integrate surveillance video into the police departments Genetec video platform. The presence of a security officer during business hours is appropriate, however consideration should be given to a physical 24/7 presence. The utilization of an alarm/panic alarm system, a knox box, override codes to gain emergency access to the building are adequate measures the Elgin Police Department would identify as essential for this business. Consideration should be given for fencing around non-public access points of the parking lot and building. In its totality the site security plan is acceptable as it is proposed, absent the identified considerations. Deputy Chief Adam Schuessler Elgin Police Department