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Town of Normal Zoning Board of Appeals met Jan. 19

Town of Normal Zoning Board of Appeals met Jan. 19.

Here are the minutes provided by the board:

Members Present:

Ms. Brand, Mr. Palmgren, Mr. Anderson, Mr. Blakney

Members Absent:

Mr. Schaab, Mr. Penn, Mr. Sampson

Others Present:

Director of Inspections Greg Troemel, Town Planner Mercy Davison, Associate Planner Tessa Ferraro, Assistant Corporation Counsel Kevin Sheahan, Deputy Corporation Counsel Jason Querciagrossa, Office Associate Hilary Houk, Office Associate Katie Lieb

Call to Order:

The meeting was called to order at 5:00pm by Mr. Anderson.

Approval of Minutes:

Mr. Blakney moved to approve the minutes of the regular meeting of December 15, 2022. Ms. Brand seconded the motion. The minutes stood as written.

Public Hearing:

a. 23-01-01-SU-Special Use Permit to operate an Adult Recreational Cannabis Retail Dispensary at 106 Mall Drive

Ms. Davison went over report for 106 Mall Dr. The building has been a restaurant since 1987. Prior to construction, the parcel had received two variances from the Zoning Board of Appeals in 1986 to permit parking in a required front yard adjacent to Mall Drive, Plaza Drive, and Baxter Drive, and to permit less than two-thirds of the front yards at these locations to be landscaped. The current applicant is applying for a Special Use Permit to operate an Adult Recreational Cannabis Retail Dispensary. Medical marijuana has been legal in Illinois since 2013.

Gabriel Judd (General Council and Chief Compliance Officer), 507 W Locust, Bloomington, was sworn in by Chairman Anderson. His business is a minority female owned business, which he stated was important to note. He is willing to take questions and want everyone to know who they are as they move forward.

Majabeen Sulemanjee (CEO and co-founder), 239 Oak Ave, Carpentersville Illinois, was sworn in by Chairman Anderson. She stated it is a pleasure to be here in the city of Normal and excited to bring exposure to the public. They are female-operated and look forward to serving the community and are very community-focused.

Monsaur Othman (CFO and co-founder), 22803 Marina Dr, Plainfield Illinois, was sworn in by Chairman Anderson. Othman echoed what was just said and stated the other two dispensaries are owned by same company and control the pricing.

Mr. Blakney asked if this is recreational only, which was confirmed by Mr. Judd. This is based on the license issued by the state.

Mr. Anderson is asked about parking. Ms. Sulemanjee responded that there is ample parking. They typically see a transaction every 15 minutes. Each transaction is in a limited-access area, and the process takes time to get through while they read the menu. Mr. Anderson asked if the orders are placed on site; she responded that both curbside and inside orders (express line) are available. They can also come in to get educated and learn more prior to ordering.

Ms. Brand asked how curbside pickup worked and if they must get out of the vehicle. Ms.Sulemanjee responded. Curbside came to life during Covid, and the State of Illinois has continued to let it be an option. As someone places an order and they pull into the parking spot, one of the budtenders will get the ID to recognize who they are and bring their order back out to them. ID gets checked twice during the transaction. Ms. Brand asked if most customers do curbside and if they have special security for that. Ms. Sulemanjee stated the majority of people go inside. There are always security guards on site and 365 cameras on inside and out. Budtenders are approved by the state and wear badges. They constantly patrol the facility and check the back if there is a delivery coming in by checking the perimeters and again 5 minutes before.

Jeff Fritzen, 114 Anthony Dr, was sworn in by Chairman Anderson. Mr. Fritzen said this location is half a mile from another dispensary. Further, he said there is no need for another at this location with such close proximity to the other dispensary and two grade schools nearby. He said this is prime land for commercial development and questions whether it was wise to put this dispensary here when the area is frequented by minors. He also raised the issues of public safety concerns, stated facts regarding usage and traffic deaths, presumed there are other locations where this special use could be used and said it should be denied.

Randall Lloyd, 120 Hammit Dr, was sworn in by Chairman Anderson. He lives 1 block west of the Target store and was opposed to Beyond Hello moving to the Northtown location. He thanked the Zoning Board for allowing him to state concerns. This is a busy area and an intersection with a less-than-ideal traffic pattern. This will generate more traffic. The building is surrounded by 6 restaurants that cater to families. The only other college town with 4 dispensaries is Springfield. He wonders how many dispensaries are considered enough.

Desi Anderson, 233 Denman Rd, Carlock, was sworn in by Chairman Anderson. She is a mom and is concerned about traffic and the congestion that is already there. Numerous times she has almost been hit, and safety is the number one concern for community. She wants them to consider that and those restaurants that are there, which have young kids working that park in Von Maur parking lot who are trying to get to their vehicles safely at night after work. She asked is this the best location for this type of business and added that there are many adjacent properties that are nearby that are sitting empty.

Ben Redigar, 300 S 7th Ave, Morton, was sworn in by Chairman Anderson. He is a strategic advisor in the cannabis sector and was involved with application processes years ago. The dispensary locations are mostly focused in retail areas. He said nobody is complaining about Binny’s across the street, and he can’t rationalize traffic concerns as there won’t be much different traffic. He stated it is a great source of revenue and the product won’t be used on or around site. The dispensary wants to be part of a community, and that is the goal. They want to honor the building and believe it is an ideal location.

Laurie Wollrab, 116 Eastview Dr, was sworn in by Chairman Anderson. She believes this will be a responsible business in Normal that everyone wants to see. She added they produce taxes above what other businesses produce and wants to encourage business there. She also added that kids won’t be walking through there. Lastly, she said there is a lot of security at this business, and this is a safer way to get the product into the hands of responsible adults.

Jill Lehman, 1703 Blue Spruce Ln, Normal, was sworn in by Chairman Anderson. She is very surprised at the location and has kids working in the area. She stated these restaurants hire younger students, is concerned about the area, and she doesn’t think it is good for the family-friendly area as they are walking by and seeing cannabis normalized. She added that driving and parking is difficult in that area, which means the businesses are doing great, but she wants Normal to focus on the need for greater access to other businesses. Lastly, she stated that we don’t want to be Chicago and would like to see it proposed at a different location.

Nick Anderson, 233 Denman Rd, Carlock, was sworn in by Chairman Anderson. He stated that in the modern day, this location is the town square. It is full of family-friendly businesses that teens shop at. He asked what the name of the dispensary means and responded that the name suggests putting yourself in an altered state and by its own name is promoting that. He believes this is money from the north coming down to profit off the community from those who have lived here forever.

Tom Korn, 4097 E 1400 N Rd, Danvers, was sworn in by Chairman Anderson. He stated Chick-fil-a and McDonalds are chains that come from across the globe and are not local. He pointed out that this town used to be dry and that it finally allowed alcohol sales. He asked where would we be without if we were still dry? He stated it is legal, and we should allow this use.

Nancy Damkoehler, 19350 Woodland Trail, Bloomington, was sworn in by Chairman Anderson. She grew up here and has been here more than 50 years. Her and her husband lead a church on College Avenue and over 5-6 years have seen an influx of people who have come to Normal to raise families here because it is safe for children. She is leading the youth and has had many young people introduced that have gone down hard roads, and she sees the other side of substance abuse. She stated it is better to avoid altered states and doesn’t know how she will explain it to the youth. She added it would be a detriment as they are trying to keep people in Normal, and they are losing that battle and people are leaving the town.

Amy Masters, 10000 N 2125 E Rd, Bloomington, was sworn in by Chairman Anderson. Her family owns 2 businesses in the area. She said this is one of the most prominent intersections in Normal and one of the most prime shopping and dining areas. She added this is not the type of business we want to highlight at this capstone intersection. Even though she understands it is legal, it is the type of business that people will seek out and shouldn’t be in this prominent area.

Gary Kelly, 910 Normal Ave, was sworn in by Chairman Anderson. He stated that they are adding a helpful dispensary in town, which is adding competition to other dispensaries in town. There will be lots of tax revenue and he thinks this is a good thing. He stated that High Haven has done a great job thus far and is in total support.

Mahjabeen Sulemanjee, 239 Oak Ave, Carpentersville Illinois, was sworn in by Chairman Anderson. She wanted to address the community. She clarified what it means to be a social equity applicant in the state of Illinois and how they were awarded licenses. She stated that this will help someone impacted by the “war on drugs.” She said they do not have any stores in Illinois currently open. She said they started their LLC in 2019 and then the pandemic hit. She said they are not a multi-state operator. She said there are roughly 50 parking spots, which is more than is needed, and the other 2 dispensaries get congested. With limited zoning in Normal and only a few places can hold a dispensary, she said this was the most beneficial property they saw. They are coming in as a competitor and building customer base. It is a college town here and people can grow cannabis in their homes, but at High Haven they are checking ID’s twice while they are in the store to verify age. All employees are over the age of 21, and they have about 40 employees at the operation. There are cannabis-related programs within the colleges. They are there to help have the difficult conversations. She added they won licenses per a lottery and couldn’t choose what locations they were awarded. They can’t move the license and are doing their best to educate the community and use best practices.

Gabriel Judd, 507 W Locust, Bloomington, was sworn in by Chairman Anderson. He is a 3rd generation in this town and a local partner with this company who is in tune with charities and other organizations in the community. He said it is upsetting when people try to label and stereotype. They are working hand in hand with the Town of Normal, and the owners of Mandarin Garden reached out directly to them through their realtor. He added that there is no malicious intent to go after the youth, and this is going to bring more tax revenue to the community. He doesn’t see this as something that is driving people from Normal.

Desi Anderson, 233 Denman Rd, Carlock, was sworn in by Chairman Anderson. She thought the license was awarded for a property in the city of Bloomington and wants clarification. She also said she is still concerned with the traffic that is already there.

Mahjabeen Sulemanjee, 239 Oak Ave, Carpentersville Illinois, was sworn in by

Chairman Anderson. She stated that in the past when properties get congested, they have partnered with police to ask them to have another person/car there to help with the traffic congestion. In this case, they pay for the police coverage. If they notice higher amounts of accidents, they will start doing their own studies.

Kathy Nalewajka, 122 Hammitt Dr, was sworn in by Chairman Anderson. She spoke to traffic concerns and concerns on what educational things they could talk about with the teenagers at the libraries.

Sue Kelly, 910 Normal Ave, was sworn in by Chairman Anderson. She lives within a mile of the university and is committed to a community that offers a lot to all ages and all diversity and acceptance. She said it is what you do as a parent, that you make sure they know there are consequences for their choices. She also added honesty with kids is the best, and you give them the information they are looking for. She strongly supports small businesses. For the traffic concerns, she stated you either accept the congestion or you avoid it. She is accepting a new business into the community that is going to offer more competition to somebody else and feels everyone needs to be more open minded.

Mr. Anderson asked Town staff if anyone else had reached out with concerns.

Ms. Davison responded they didn’t hear anything from nearby businesses after sending property notices and postings.

Mr. Anderson clarified the item goes to the Town Council for final approval.

Mr. Troemel addressed traffic concerns. He provided context that this business is required to go through special use process; however, another popular restaurant could go in without a special use process. He said the Town wants businesses to be successful. Ms. Davison added that the development team didn’t think a traffic analysis would be needed. If you look at the roads, they are designed for this being a busy commercial area. It is more interior to the major roads. She added that there are 4 or 5 ways to get in and out, and traffic moves slowly. She said this location was designed for mall traffic, so staff is comfortable with it. Mr. Troemel added that although the internet shows this license being in Bloomington, the state designates licenses in areas based on the Bureau of Labor Statistics areas. He stated Bloomington is designated as the area which includes Normal and a few surrounding towns. The state recognizes this is a Normal address.

Ms. Brand asked about entrances into the facility, noting that one is off Plaza Dr and the other is off of Baxter Dr. She wanted to know if there is any possibility of closing the Plaza Dr entrance and moving it further down so access would be from Mall Dr or around the front. She stated on Baxter Dr people are kind of going slow, but it is the worst traffic she has ever seen and added it gets backed up and doesn’t matter what time of day it is. Ms. Davison responded and advised the development committee hadn’t requested a formal traffic study.

Mr. Anderson responded about traffic volume and said it seems to be the main concern and how to make it better.

Mr. Blakney moved, seconded by Mr. Palmgren, to recommended approval as requested.

Ayes: Mr. Blakney, Ms. Brand, Mr. Palmgren, Mr. Anderson

Nays: None

Packet Pg. Addendum 25

ZONING BOARD MINUTES 6 January 19, 2023

Motion declared carried 4-0

b. 23-01-02-SU- Special Use Permit to construct a new Zeta Tau Alpha Sorority House, 411 North School Street

Ms. Davison summarized the staff report. The property at 411 North School Street was granted a Special Use Permit to operate a rooming house for the Zeta Tau Alpha (ZTA) Sorority in 1976 (Ord. No. 1502). The current applicant wishes to amend the property’s

Special Use Permit to demolish the existing structure and construct a new rooming house for the sorority. She added there were no concerns or feedback heard.

Mr. Blakney verified there wasn’t a fence there before. Ms. Davison responded.

Mr. Anderson asked to verify they are not adding additional beds. Ms. Davison confirmed that was correct. She added there will be two other improvements to the site and the storage site is going away.

Ms. Brand moved, seconded by Mr. Palmgren, to recommend approval as requested by staff.

Ayes: Mr. Blakney, Ms. Brand, Mr. Palmgren, Mr. Anderson

Nays: None

Motion declared carried 4-0

c. 23-01-03-V- Parking variance, 107 Mall Drive

Mercy summarized the staff report for a coffee bar at 107 Mall Dr. Per Section 15.7- 2(H)(1)(j) of the Zoning Code, the parking requirement for a mixed-use building must be at least one space per 200 square feet of gross floor area, making the parcel nonconforming. Per code, the parcel is required to have 151 parking spaces for its 30,285 square feet of floor area. The parcel currently is home to a dentist office and a salon & boutique. The applicant would like to lease a vacant space along the southern part of the building to LVL Up Coffee Bar and install a drive-through lane for customers. The addition of a drive-through lane would remove 11 existing parking spaces on the parcel, leaving a total of 52 parking spaces, of which 3 are marked for ADA accessibility. The applicant will also construct a sidewalk along the northern edge of the parking lot.

Mr. Blakney asked how much seating and tables will be there.

Walter Zirch, 6705 N Fieldstone Ct, Peoria, was sworn in by Chairman Anderson. He stated they got several calls from people wanting to rent the space out. Everyone in the building wants the coffee shop. There would be 6 small tables and a counter area. He is hoping to keep a smaller patio area. He stated that the most prominent times would be from about 6am-10am. He also stated that the parking lot is never close to filling up and is hoping we allow him to give up 11 spots. Traffic will come in from the back and will not affect traffic with the restaurants and new dispensary.

Mr. Anderson asked if it will be a one-way drive through. The owner responded yes and clarified what it will look like, noting it will be set up better for everyone as a one way.

Mr. Troemel added how the owner has done a great job of repurposing the property. Mr. Palmgren moved, seconded by Ms. Brand, to recommend approval as requested.

Ayes: Mr. Blakney, Ms. Brand, Mr. Palmgren, Mr. Anderson

Nays: None

Motion declared carried 4-0

Other Business:

There will be a February meeting.

Adjournment:

The meeting was adjourned at 7:08pm.

https://www.normalil.gov/ArchiveCenter/ViewFile/Item/4571

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