City of Sycamore Plan Commission will meet at 1 p.m. March 11.
Here is the agenda provided by the commission:
I. Action Items
A. Consideration of a Request from The Dispensary, LLC for a Special Use Permit to Operate a Medical Cannabis Dispensary at the Property Located at 1985 Gateway Drive in Sycamore, Illinois, PIN number 09-07-100-010.
This request from The Dispensary, LLC is for a special use permit to operate a medical cannabis dispensary at 1985 Gateway Drive in Sycamore. The State of Illinois has one permit available for the district and will ultimately decide between applicants that meet local zoning regulations. Therefore, the granting of a special use permit does not guarantee that a medical cannabis dispensary will be operated at the specific location as the State may choose to award the location to a petitioner in another community within the district. The petitioner plans to construct a roughly 2,000 square foot building to house the medical cannabis dispensary if approved at both the local and state level. An example of the building planned for another community is attached and is similar to plans for Sycamore.
The company was granted a special use permit to operate a medical cannabis dispensary at 1985 Gateway Drive in 2015 from the City of Sycamore. That permit is only valid for one-year and was eligible for an additional one-year extension which was granted in 2016. Similarly, the Council approved a new special use permit in 2017, which was extended in 2018 and is set to expire. The State of Illinois has yet to open the application process in this district and the special use permit will expire in April. Therefore, The Dispensary, LLC is requesting a new special use permit in hopes the State of Illinois will begin to accept applications later this year.
MEDICAL CANNABIS BACKGROUND
In 2013, Illinois became the 20th state to legalize medicinal marijuana. The law includes a pilot program where people suffering from one of more than 30 serious illnesses could get a prescription for marijuana. State-wide cultivation centers will be constructed to grow cannabis for medical purposes, with only one allowed for each state police district. The cultivated marijuana will be available by prescription to patients with debilitating medical conditions at dispensaries.
WHO MAY USE MEDICAL CANNABIS?
In order to be designated as a “qualifying patient” a person must be diagnosed by a physician as having a debilitating medical condition. The statute lists specific medical conditions that qualify.
ARE THERE RESTRICTIONS ON MEDICAL CANNABIS DISPENSARY LOCATIONS?
A dispensary may not be located within 1,000 feet from a school or daycare. Dispensaries are also prohibited in a house, apartment, condominium, or an area zoned for residential use. These distance requirements are measured from the property line of the prohibited properties rather than the buildings.
In addition to the distance limitations, the statute authorizes municipalities to enact “reasonable zoning ordinances or resolutions” regulating registered medical cannabis cultivation centers or medical cannabis dispensing organizations. The zoning regulations may not conflict with the statute, Act, or the administrative rules of the Department of Agriculture or Department of Public Health. Home rule powers are preempted, so they have the same zoning authority as non-home rule communities.
The statute is silent on the nature of the zoning restrictions. The City of Sycamore took steps to identify Medical Cannabis Dispensaries as a Special Use within C-3, Highway Business Zoning Districts and defined such businesses as follows:
Medical Cannabis Dispensing Organization: Shall mean a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.
Throughout the discussions the most appropriate siting of dispensaries focused on C-3 Highway Business zoning with an emphasis toward clustering a dispensary near other medical uses.
With the State of Illinois making the ultimate decision on the best plan for a medical cannabis dispensary, the local decision is one of zoning and whether the petitioner meets the requirements of the special use permit process. Per Section 4.3.3 of the City’s Unified Development Ordinance, a Special Use Permit shall be granted only if evidence is presented to establish that:
A. The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;
B. The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety, and general welfare; and
C. The proposed structure or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
D. Such other standards and criteria as are established by the ordinance for a particular Special Use as set forth in Section 4.3.4 and as applied to Planned Developments as set forth in Article 4.4.
A public hearing will be held at the Plan Commission meeting. Notices of the public hearing were mailed to property owners within 500 feet, posted in the local newspaper and a sign was installed on the property.
A favorable recommendation to the City Council is requested.
B. Consideration of a request by Adam Benn, of Accurate Towing, for a Special Use Permit to operate a Towing Service, With On-Site Vehicle Impoundment as required by Article 5.3.1.L of the Sycamore Unified Development Ordinance at 531 East Sycamore Street, Sycamore, Illinois, PIN number 06-33-152-020.
Adam Benn, the owner/operator of Accurate Towing has a contract to purchase the property at 531 East Sycamore Street from June Ehrler. The property has served as a towing service business, with on-site impoundment for many years, predating the City’s Unified Development Ordinance.
In his due diligence period, Mr. Benn approached the City to ensure that his business and the property in question meets all zoning requirements. The Unified Development Ordinance requires a special use permit for the current use in the classification this property is zoned (M-1, Light Manufacturing).
Staff could not find a special use on file and the use was established under the previous zoning ordinance prior to the adoption of the UDO (May 2006).
In order to ensure Accurate Towing’s use is compliant with the City’s UDO upon the transfer of ownership, staff recommended that Accurate Towing apply for a special use permit. Per Section 4.3.3 of the City’s Unified Development Ordinance, a Special Use Permit shall be granted only if evidence is presented to establish that:
A. The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;
B. The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety, and general welfare; and
C. The proposed structure or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
D. Such other standards and criteria as are established by the ordinance for a particular Special Use as set forth in Section 4.3.4 and as applied to Planned Developments as set forth in Article 4.4.
No significant changes to the property or operation are planned at this time. Any modifications in the future would need to meet the requirements of the City Code and UDO.
A public hearing will be held at the Plan Commission meeting. Notices of the public hearing were mailed to property owners within 500 feet, posted in the local newspaper and a sign was installed on the property.
A favorable recommendation to the City Council is requested.
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