Numed Special Use Permit Documents Binder

Draft 8/31/2020

ORDINANCE NO. O2020-__

AN ORDINANCE APPROVING A SPECIAL USE PERMIT TO ALLOW THE OPERATION OF AN ADULT USE CANNABIS DISPENSARY AT 4S120 NORTH ILLINOIS ROUTE 59

WHEREAS, Rockbuild Enterprises, Inc. (“Owner”) is the owner of that certain real property consisting of 36,970 square feet and commonly known as 4S120 North Illinois Route 59 within in the corporate limits of Warrenville, Illinois, and legally described on Exhibit A (“Property”); and

WHEREAS, the Property is located in the B-4 Motorist Service District (“B-4 District”) and is currently improved with: (i) a 4,969-square-foot vacant commercial building, which was formerly used as a bank (“Building”); (ii) four drive-through lanes and an associated canopy; and (iii) an off-street parking area that contains 22 parking spaces; and

WHEREAS, NuMed Partners LLC d/b/a NuEra, an Illinois limited liability company, (“Applicant”) is the lessee of the Property; and

WHEREAS, Applicant desires to remodel the Building, remove the drive-through lanes and canopy, install seven additional parking spaces, and operate an adult use cannabis dispensary (“Adult Use Cannabis Dispensary”) on the Property (collectively, “Proposed Redevelopment”); and

WHEREAS, pursuant to Table 3A of the City of Warrenville Zoning Ordinance (“Zoning Ordinance”), adult use cannabis dispensaries may be approved as special uses in the B-4 District in accordance with Section 7C and Paragraph 14 of the General Commercial/Office/ Manufacturing District Regulations of Section 4 of the Zoning Ordinance; and

WHEREAS, in order to operate the Adult Use Cannabis Dispensary on the Property, pursuant to the applicable sections of the Zoning Ordinance and the Warrenville City Code ("City Code”), the Applicant, with the consent of the Owner, filed an application with the City for approval of a special use permit to allow the operation of the Adult Use Cannabis Dispensary (“Special Use Permit”);

WHEREAS, a public hearing by the Plan Commission to consider the Special Use Permit was duly published in the Daily Herald on July 8, 2020, and was convened on July 23, 2020 and continued to August 20, 2020, during which hearing evidence and testimony was received by the Plan Commission; and

WHEREAS, on August 20, 2020, the Plan Commission, having adopted Findings of Fact, Project Number 2020-0163, unanimously recommended that the Mayor and the City Council approve the Special Use Permit; and

WHEREAS, the Mayor and the City Council have determined, subject to and contingent upon the conditions, restrictions, and provisions of this Ordinance, that the Special Use Permit complies with the required standards for special uses as set forth in Section 7C of the Zoning Ordinance; and

WHEREAS, consistent with the Plan Commission recommendation, and pursuant to the City’s powers under applicable law, including its home rule powers under the Illinois Constitution

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of 1970, the Mayor and the City Council have determined that it is in the best interest of the City and the public to approve the Special Use Permit, in accordance with, and subject to and contingent upon, the conditions, restrictions, and provisions of this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF WARRENVILLE, DUPAGE COUNTY, ILLINOIS, AS FOLLOWS:

SECTION 1: Recitals. The recitals listed above are incorporated in this Ordinance as if fully set forth in this Ordinance.

SECTION 2: Approval of Special Use Permit. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 3 of this Ordinance, the City Council approves the Special Use Permit to allow the operation of the Adult Use Cannabis Dispensary on the Property.

SECTION 3: Conditions. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the City Code, the Zoning Ordinance, or the Sign Ordinance or any other rights the Applicant may have, the approval granted in Section 2 of this Ordinance is hereby expressly subject to and contingent upon the conditions, concepts, restrictions, limitations, and provisions set forth in this Section (collectively, the "Conditions").

A. Compliance with Law and Regulations. The development, use, operation, and maintenance of the Property and the Adult Use Cannabis Dispensary must comply with all applicable City codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance.

B. Compliance with Plans and Documents. Except for minor changes and site work approved by the Director of Community and Economic Development in accordance with all applicable City standards, the development, use, operation, and maintenance of the Property, and the Adult Use Cannabis Dispensary must comply with: (i) the Site Plan, prepared by RWG Engineering LLC, consisting of one sheet and dated April 13, 2020, a copy of which is attached to, and by this reference, made a part of, this Ordinance as Exhibit B (“Site Plan”); and (ii) the plans and documents referred to collectively as the “Application Documents” and listed on Exhibit C attached to this Ordinance. The Site Plan and Application Documents are, by this reference, made a part of this Ordinance.

C. Amendments to Application Documents. The Applicant must amend the Application Documents as necessary to conform with the conditions of approval set forth in this Ordinance.

D. ROPE System. The Applicant must operate the dispensary using the ROPE (Reserve Online Pick-up Express) system (“ROPE System”) for all adult use recreational cannabis sales on the Property as described in the NuEra Proposed Customer Flow Operating Procedures, attached to and, by this reference, made a part of this Ordinance as Exhibit D (“Customer Flow Operating Procedures”). The number of customers to be assigned to each 30-minute ROPE System pick-up window shall be limited, and will be equal or less than the available parking spaces on the Property, which available parking spaces will be calculated as follows: 29 spaces, minus number of employees parked on site on a given day, minus three spaces for medical customers. The Plan Commission may modify or eliminate this condition upon receipt and review of a written request from the Applicant. No formal public hearing is required to modify or eliminate this condition.

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E. Security Guard. The Applicant must ensure that at least one professionally trained licensed security guard shall be present on premises during the open business hours.

F. Business Operations. Business operations on the Property shall be operated in accordance with the Customer Flow Operating Procedures.

G. Security Plan. The Applicant must implement the security plan as described in the NuMed Dispensary Security Plan, listed on Exhibit C to this Ordinance.

H. Civil Engineer Review. The Applicant shall comply with the review comments and recommendations outlined in the Engineering Review Memo, prepared by the City Senior Civil Engineer, consisting of three pages and dated August 13, 2020, attached to and, by this reference, made a part of this Ordinance as Exhibit E.

I. City Consulting Traffic Engineer Review. The Applicant shall comply with the review comments and recommendations outlined in the City Traffic Consulting Engineer Memorandum, prepared by J.J. Benes and Associates, consisting of three pages and dated August 13, 2020, attached to and, by this reference, made a part of this Ordinance as Exhibit F.

J. Warrenville Fire Protection District Review. The Applicant shall address and comply with City Code-supported comments outlined in the review memo prepared by the Warrenville Fire Protection District and finalized after the date of this Ordinance.

K. Building Roof. The roof of the Building shall be refinished with high quality paint/coating in a color complementing the Building color scheme prior to occupancy permit issuance and shall be maintained in painted/finished condition.

L. Pedestrian Connection. The Applicant shall construct a pedestrian walkway between the Building and the existing path along Ferry Road. The final location of the walkway and construction details shall be submitted by the Applicant to the City Civil Engineer for review and approval prior to permit issuance for the Proposed Redevelopment.

M. Photometric and Lighting Plan. A Photometric and Lighting Plan shall be prepared in accordance with Section 9, Performance Standards, of the Zoning Ordinance. The Photometric and Lighting Plan shall be submitted, reviewed, and approved by the City Civil Engineer prior to Permit issuance for the Proposed Redevelopment.

N. Building Decorative Lights. Exterior Building decorative light fixtures that are not full horizontal cutoff optics with flat lenses shall be submitted to the Plan Commission for review and approval.

O. Landscape Plan. A Landscape Plan shall be prepared in accordance with the requirements of Section 11, Landscaping and Screening, of the Zoning Ordinance, which Landscape Plan must contain a landscape concept statement, detailed plant list, and calculations confirming compliance with the various quantitative and qualitative requirements of Section 11 of the Zoning Ordinance. All existing plants that are in stressed, dying or overgrown conditions shall be replaced with new plants. All existing plants proposed to stay shall be identified on the Landscape Plan, including their size and botanical name. The Landscape Plan shall be submitted, reviewed and approved by staff prior to Permit issuance for the Proposed Redevelopment.

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P. Landscape Covenant Agreement. A Landscape Covenant Agreement satisfying the requirements of Section 11.B.4 of the Zoning Ordinance shall be prepared, executed and recorded with the DuPage County Recorder’s Office prior to the first Certificate of Occupancy issuance for this project. Both the approval Landscape Plan and Long-Term Maintenance Plan shall be referenced in and become part of the Landscape Covenant Agreement.

Q. Decorative Lights along Route 59 Frontage. The Owner shall be responsible for maintaining and operating the decorative lights along the Route 59 and Ferry Road frontage of the Property, which lights shall be turned on from dusk to dawn. All fixtures shall be maintained in operable condition at all times and repaired and/or replaced promptly as needed.

R. Signage. Unless otherwise approved by the City Council, all wall and ground signs shall be designed to comply with the applicable Site Plan requirements. The Applicant shall obtain a building permit for each sign.

S. “No Parking” Signs. In order to mitigate the risk that the NuEra customers will park in the 4M Plaza parking lot adjacent to the Property, the 4M Plaza property owner might install “No Parking” signs notifying NuEra customers that they are prohibited from parking in the 4M Plaza parking lot. If the 4M Plaza property owner installs such signs, the Applicant must contribute up to $100 per sign, for a maximum of six signs.

T. Fees and Security Guaranteeing Completion of Public Improvements. The Applicant shall pay all applicable review and inspection fees and submit the required security guaranteeing completion of public improvements prior to any permit issuance for this project.

U. Traffic Enforcement Agreement. A Private Property Traffic Enforcement Agreement (in a form acceptable to the City) shall be executed by the Owner and recorded by the City prior to any building permit issuance for the Proposed Redevelopment.

SECTION 4: Invalidation of Approvals. Upon the failure or refusal of the Applicant and/or Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the City, the approval granted in Section 2 of this Ordinance ("Approvals") may, at the sole discretion of the City Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the City Council may not so revoke the Approvals unless it first provides the Applicant and Owner with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the City Council. In the event of such revocation, the City Administrator and City Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.

SECTION 5: Recordation and Binding Effect. A copy of this Ordinance must be recorded in the Office of the DuPage County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein run with the Property and inure to the benefit of, and are binding upon, the Applicant and the Owner and their respective personal representatives, successors, and assigns, including, without limitation, subsequent purchasers or lessees of the Property.

SECTION 6: Amendments. Any amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance and the City Code, as applicable to the affected items of relief, except as otherwise specifically authorized in this Ordinance.

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SECTION 7: Effective Date.

A. This Ordinance will be effective only upon the occurrence of all of the following events:

1. Passage by the City Council by a majority vote in the manner required by law;

2. Publication in pamphlet form in the manner required by law;

3. The filing by the Applicant and Owner with the City Clerk of an Unconditional Agreement and Consent, in the form of Exhibit G attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the City for any claims that may arise in connection with the approval of this Ordinance; and

4. Recordation of this Ordinance, together with such exhibits as the City Clerk deems appropriate for recordation, with the office of the Recorder of DuPage County.

B. In the event that the Applicant does not file with the City Clerk a fully executed copy of the unconditional agreement and consent referenced in Paragraph 7.A.3 of this Ordinance within 90 days after the passage of this Ordinance by the Mayor and City Council, the corporate authorities shall have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.

PASSED THIS ____ day of ______, 2020.

AYES: NAYS: ABSENT: ABSTAIN:

APPROVED THIS ____ day of ______, 2020.

______MAYOR

ATTEST:

______CITY CLERK

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EXHIBITS

Exhibit A - Legal Description of Property

Exhibit B - Site Plan

Exhibit C – Application Documents

Exhibit D – Customer Flow Operating Procedures

Exhibit E – Engineering Review Memo;

Exhibit F – City Traffic Consulting Engineer Memo

Exhibit G – Unconditional Agreement and Consent.

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EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

Lot 1 in Safranski's Addition to Warrenville, being a subdivision of part of the West 1/2 of the Northwest 1/4 of Section 3, Township 38 North, Range 9, East of the Third Principal Meridian, according to the Plat thereof recorded September 23, 1983 as Document R83-068897, in DuPage County, Illinois, except that part of Lot 1 conveyed to the County of DuPage in Document Number R2004-059115, recorded March 14, 2004, described as follows:

Beginning at the most Southerly Southeast corner of said Lot 1; thence on an assumed bearing of North 70 degrees 42 minutes 19 seconds West, along the Southerly line of said Lot 1, a distance of 3.323 meters; thence North 53 degrees 40 minutes 01 seconds East, 18.048 meters to Easterly line of said Lot 1; thence South 05 degrees 25 minutes 03 seconds East, along said Easterly line, 3.197 meters to an angle point in said Lot; thence South 53 degrees 40 minutes 0.1 seconds West, along said Southerly line of Lot 1, a distance of 14.529 meters to the point of beginning, in DuPage County, Illinois.

Permanent Index Number: 07-03-100-010-0000

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EXHIBIT B

SITE PLAN

{00116341.2} SITE PLAN WARRENVILLE DISPENSARY 4S120 ROUTE 59 - NAPERVILLE, ILLINOIS 630.480.7889 Wheaton, IL 60189 975 E. 22nd St, Suite 400 www.rwg-engineering.com

EXISTING

SIGNAL Engineering, LLC Civil Engineering Real Estate Consulting Project Management

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EXHIBIT C

APPLICATION DOCUMENTS

1. Site Plan (See Exhibit B).

2. Customer Flow Operating Procedures (See, Exhibit D).

3. Floor Plan, prepared by OKW Architects, consisting of three pages and dated April 17, 2020.

4. Elevations, prepared by OKW Architects, consisting of one page and dated April 17, 2020.

5. Fire Truck Access Route, by RWG Engineering LLC, consisting of one sheet and dated April 13, 2020.

6. Boundary and Topographic Survey, prepared by Gentile and Associates, Inc., consisting of one sheet and dated April 7, 2020.

7. Floor Space Plan, prepared by Applicant, consisting of three pages and submitted April 17, 2020.

8. Restricted Access Plan, prepared by Applicant, consisting of two pages and submitted April 17, 2020.

9. ADA Plan, prepared by Applicant, consisting of two pages and submitted April 17, 2020.

10. Signage Schedule, prepared by Applicant, consisting of one page and submitted April 17, 2020.

11. Security Device and Placement Plan, prepared by Applicant, consisting of two pages and submitted April 17, 2020.

12. Landscape Plan, prepared by Schoppe Design Associates, Inc., consisting of one sheet and dated April 20, 2020.

13. NuMed Dispensary Security Plan, prepared by Sapphire Risk, consisting of 54 pages and dated December 2019 with a latest revision date of March 2020. Full-size and complete versions of the Application Documents are available for review from the City of Warrenville City Clerk’s office and Community Development Department. All documents listed in this Exhibit C (regardless of whether the document itself is attached to this Ordinance) shall be deemed incorporated by reference, and made a part of, this Ordinance.

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EXHIBIT D

CUSTOMER FLOW OPERATING PROCEDURES

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Proposed customer flow operating procedures

This report was prepared in July, 2020 by the NuEra staff based on their extensive experience in dispensary operations. The effort was led by Laura Jaramillo Bernal (who has extensive experience in dispensary compliance and operating procedures, and has advised multiple applicants in their license application process for the state of Illinois) and Jonah Rapino, Marketing Director for NuEra, who has experience both in operations and marketing in Illinois and Massachusetts, and has personally implemented an supervised many of the initiatives described here.

Efficient and responsible customer flow management is a top priority for NuEra, both because we pride ourselves in being excellent neighbors and a positive force in the communities where we operate, and because quick, easy shopping makes for good customer service. We think convenient parking and a seamless and quick checkout experience will keep our customers happy and loyal.

The first days of legalized adult-use cannabis consumption in Illinois have been marked by reports of long lines, shortages, and extremely long waits in dispensaries. We expect that by the time that NuEra Warrenville opens its doors to the public, many of those factors will have been greatly diminished for the following reasons:

- A greater number of dispensaries will have opened their doors, better meeting the demand from customers.

- Cultivation centers will have increased production, thus limiting shortages, and allowing existing dispensaries to open longer hours, and better meeting demand.

- The excitement and “party atmosphere” of the first few days will have died down.

Even considering that the levels of demand are unlikely to reach those seen in the excitement of January 1st, 2020, NuEra will implement a number of well-tested measures in customer flow management that have already proven highly successful at our other Illinois locations, where lines are no longer an issue. These measures work to more evenly spread demand by encouraging off-peak visits, they work to increase efficiency, thus reducing the average time each customer spends in store, they allow online pre-ordering to avoid long in-person lines that would frustrate customers and affect traffic in local roads and businesses, and they provide alternative parking solutions to ensure that all customers can safely and easily visit NuMed.

1. Customer education

The most important part of any customer flow management system is to make it easy for customers to understand what to expect and to prepare for their NuEra visit. NuEra’s marketing

1 team has a successful track record in using a number of tools to communicate to customers everything they need to know about parking procedures, opening hours, medical-only times, product availability and online pre-ordering.

The following are some of the tools that will be implemented to make sure that the public is well informed regarding parking and visiting procedures:

• Clear and visible signs in our parking lot and facilities indicating that customers are to park only in our designated parking spots, and that unauthorized parking in nearby businesses is not allowed.

• An up-to date website. Our website, accessible from the web and on mobile, will always provide up to date information regarding wait times, product availability, parking, and more. In the weeks leading up to the dispensary opening, visitors to the website will be able to sign up for email and text message alerts so they can stay up to date with all new dispensary procedures.

• Updated business profiles. NuMed keeps current profiles in a number of paid and free services that are commonly used by consumers when finding information about businesses. We keep updated hours and instructions on services like Google Maps (and Google Business pages), Yelp, Foursquare, Leafly, Weedmaps and Pot.com.

• Direct-to-consumer communication: using email and text messaging platforms, users that choose to sign up for our updates will receive information directly alerting them on waiting times, product availability, parking instructions and more.

2. Customer flow management

NuEra has implemented ROPE (Reserve Online Pick-up Express) an easy-to-use online pre-order system across all of its existing dispensaries that allows customers to view the menu of available products, select their order, and pick it up in-store. Customers must select a 30 min window when they will come by for pick-up. We are able to limit the number of pick-up slots available per 30 min window.

When customers arrive, the order has already been prepared and packed for them. Customers that pre-order are able to access an express pick up counter where all that is needed is ID validation and payment for check-out.

This process has several demonstrated advantages, and is a powerful tool in customer flow management:

• By allowing customers to see all product available, their THC content and other ingredients, and price-compare ahead of time, and by completely eliminating the need to wait for product to be retrieved from the vault, processed in inventory and packed as they wait, ROPE has dramatically decreased time per transaction, allowing NuEra to process over twice the number of customers using the same number of points of sale.

• By allowing customers to reserve highly sought-after products ahead of time, it prevents rushes or lines whenever such product becomes available.

• ROPE allows NuEra to set the exact number of orders that can be processed every half an hour. This ensures that a steady flow of customers show up throughout the day, rather than at certain peak times (as would be the case in other types of establishments, such as restaurants).

• The system has proven very popular with customers, as it allows them to plan their visits ahead of time, thoroughly research their options, and be assured they won’t have to wait in line or find that their desired product is out of stock when they come in.

Additionally, this pre-ordering system will be made available to walk-in customers already waiting for their turn in store. If they are already familiar with the products, and don’t need the assistance of a retail associate in making a selection, they will be able to use tablet kiosks to make their selection, which will be packed while they wait and give them access to the express check-out line.

Depending on market conditions or demand levels, ROPE can be used exclusively (as has been the case in our dispensaries during Covid-19 times for all adult-use customers) or in combination with walk-in service. Incentives to increase ROPE usage can include reserved parking for ROPE customers near the shop entrance, and special promotions or loyalty points for ROPE users. We have found that once customers have used ROPE before, they generally adopt it as their shopping method going forward.

3. Additional procedures in case of high traffic or special events

- During periods of expected high traffic, NuEra will secure off-site parking for employees and provide a shuttle to bring employees to the site. This will make up to 15 additional parking spots available for customers, which, assuming a conservative 10 min transaction time per customer, would allow us to process an additional 90 customers per hour.

- In the unlikely event that these measures prove insufficient for certain high traffic occasions, NuEra may implement additional measures such as valet parking, discount vouchers for the use of ride-sharing services, extended hours (to the extent permitted by local ordinances), ROPE-only orders (no walk-ins, thus allowing us to limit exactly the number of customers permitted per hour).

4. Adaptability and compliance

All of these measures will be reassessed and adjusted based on demand and market conditions by the opening of NuEra. All of NuMed’s efforts to improve customer flow, increase efficiency, and serve our customers will be governed by a strict compliance with all local and state laws.

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EXHIBIT E

ENGINEERING REVIEW MEMO

{00116341.2} CITY OF WARRENVILLE MEMO

TO: Natalia Domovessova, Senior Planner FROM: Kristine Hocking, Senior Civil Engineer SUBJECT: NUMED DISPENSARY – 4S120 ROUTE 59 ENGINEERING REVIEW #1 DATE: August 13, 2020

I have completed my engineering review of the following documents related to this project: • “Site Plan”, dated 4/13/2020, prepared by RWG Engineering. • “Boundary and Topographic Survey”, dated 4/7/2020, prepared by RWG Engineering. • Traffic Evaluation, dated 8/12/2020, prepared by KLOA.

ENGINEERING SUMMARY

ACCESS: The site is located at the northwest corner of Ferry Road and Route 59. Existing access to the site is provided by right-in, right-out entrances off of Ferry Road and Route 59. GRADING: The existing site drainage is handled by storm sewer that discharges into the Route 59 right-of-way. PERMITS: If the proposed disturbance is more than 5,000 square feet, a City of Warrenville Stormwater and Flood Plain Certification is required. STORMWATER DETENTION: Since the proposed net new impervious is less than 25,000 square feet, on-site detention is not required.

EROSION CONTROL: The final engineering plans should include erosion control details. The City’s standard erosion control notes should be incorporated into the plans. BEST MANAGEMENT PRACTICES: The net new impervious is less than 2,500 square feet, so PCBMPs are not required for this development. SPECIAL MANAGMENT AREAS: Regulatory floodway, floodplain and wetland do not exist on this site.

SEWER & WATER: The site is currently connected to City sewer and water. SITE LIGHTING: The site currently includes parking lot lighting and decorative City lights. A site photometric plan including all external, building mounted existing and proposed lighting NuMed Dispensary 4S120 Route 59– Engineering Review #1 August 13, 2020 Page 2 of 3

should be provided to ensure compliance with the Zoning Ordinance. All lights should be in working order.

REVIEW COMMENTS

The Site Plans have been stamped “APPROVED WITH CONDITIONS” and should be revised during the building permit process. General 1. Submit a Stormwater Certification Application (if applicable). 2. A DuPage County DOT permit will be required for any work within Ferry Road right-of-way. 3. An IDOT permit will be required for any work within Route 59 right-of-way.

Site Plan 1. The parking lot has not been improved in over 15 years and is in poor condition. The existing parking lot surface condition should be evaluated to see if it needs to be resurfaced. 2. Provide standard erosion control measures and note to clean all existing drainage structures to ensure proper drainage flow. 3. New pavement should meet 2.8 structural number. The current design is 2.7. 4. Provide an updated photometric plan including any changes to the site lighting. 5. Provide a stop bar, stop sign, and right turn only sign at the driveway exit onto Route 59. 6. Provide a stop bar, stop sign, and right turn only sign at the driveway exit onto Ferry Road. ADA compliant ramps, crosswalk and detectable warnings should be added at this driveway. 7. Provide an ADA compliant accessible route from the public path to the accessible entrance to the dispensary. 8. Confirm the proposed ADA Accessible spaces have a compliant accessible route across the parking lot to the store entrance (across parking lot and ramp). 9. Include an engineer’s statement should also include that the development of the subject site in accordance with the site plan will not damage other properties. The original signature and seal of the Professional Engineer registered in the State of Illinois must accompany the certification statement with the date and registration expiration. 10. Include the City of Warrenville Erosion and Sediment Control Notes.

Traffic Analysis, Circulation, Parking & Access 1. Address traffic consultant, James J. Benes’s August 13, 2020, memo regarding traffic analysis, circulation, parking, and access. NuMed Dispensary 4S120 Route 59– Engineering Review #1 August 13, 2020 Page 3 of 3

EOPCC of Public Improvements 1. Include an engineering estimate of cost for public improvements including sediment and erosion control measures, upgrades to site lighting and site landscaping. Engineering and Stormwater Review Fees, Inspection Fees and Security: 1. Final Engineering Review and Inspection: This is based upon the City approved EOPCC for required Public Improvements per City of Warrenville Subdivision Control Ordinance Section 6.04.B.2.

2. Stormwater Application and Inspection Fee: May be required per City code section 8-5-3.

3. Development Security: A Letter of Credit, Bond, or Cash Deposit equal to 110% of the City approved EOPCC must be submitted. Draft 2020.08.31

EXHIBIT F

CITY CONSULTING ENGINEERING REVIEW MEMO

{00116341.2} JAMES J. BENES AND ASSOCIATES, INC. 1011 Warrenville Road . Suite 420 . Lisle, Illinois . 60532 Tel. (630) 719-7570 . Fax (630) 719-7589

MEMORANDUM

Date: August 13, 2020 To: Kristine Hocking, PE, CFM Senior Civil Engineer City of Warrenville

From: Tom Adomshick, PTOE Grant Hicks, EI President Project Engineer

Re: NuMed Dispensary 4S120 Route 59 Project No. 632.777

At your request, we have performed a review of the following documents pertaining to the proposed redevelopment on the site of the former Bank of America located at the northwest corner of Illinois Route 59 and Ferry Road.

1. “Warrenville Dispensary, 4S120 Route 59, Site Plan” prepared by RWG Engineering, LLC and dated April 13, 2020. 2. “Traffic Evaluation, Proposed Marijuana Dispensary, Warrenville, Illinois” traffic impact study prepared by KLOA, Inc. and dated April 17, 2020, and revised August 10, 2020.

An existing bank building with three drive-in lanes is proposed to be partially demolished and modified to provide a 3,740 square foot marijuana dispensary. The two existing right- in/right-out (RIRO) limited access driveways, one to IL Route 59 and one to Ferry Road are proposed to remain without modifications.

The proposed site circulation generally follows the current bank site circulation with two-way traffic flow permitted on the east and south sides of the building and counterclockwise one- way circulation, on the north and west sides of the building.

The existing RIRO driveways provide no on-site, direct route for a customer to enter from eastbound Ferry Road or to exit to northbound IL Route 59.

Traffic Analysis

1. The proposed limited access to IL Route 59 is consistent with Illinois Department of Transportation (IDOT) SRA access management policies. Considering the Route 59 driveway proximity to the Ferry/IL59 intersection, the number of lanes that would have to be crossed by left turning vehicles and no left turn storage on northbound IL Route NuMed Marijuana Dispensary 4S120 Route 59 August 13, 2020

59, it is our opinion that IDOT will not allow the driveway to be opened to full access. 2. Trip generation data used for the analysis was based on data provided by operators of two similar facilities in Chicago and Urbana. This trip data was compared to Institute of Transportation Engineers (ITE) trip generation data for a marijuana dispensary. The local data indicated higher traffic volumes that the ITE data so the traffic analyses were performed using the higher local trip data. This approach is reasonable. 3. We agree with the projected number and distribution of trips in the future year 2026. Traffic Volumes Figure 3. There will be less peak hour trips generated in comparison to trips generated by a bank with drive-through (the previous site use) during weekdays, and the impact to the network is small. During the Saturday midday peak hour, there will be more trips than a bank with drive-through but the overall impact to the network will be small.

Site Plan Review The following are our comments on the proposed site plan about internal circulation: 1. A fire truck circulation path as shown on the site plan appears to conflict with various items including a tree at the south driveway, potentially with the dumpster enclosure and the fence along the west property line, and with east perimeter parking spaces. Revise the Autoturn exhibit. We recommend the Fire Protection District also review the Autoturn exhibits. 2. Ingress and egress for the site is provided via two right-turn in/right-turn out (RIRO) driveways; one each on IL-59 and on Ferry Road. Drivers wishing to exit to eastbound Ferry Road and to northbound IL Route 59 do not have direct egress from the site. The following options to drivers exiting to the east or north are listed in the revised Traffic Evaluation : a. Exit to westbound Ferry Road, and perform a U-turn at the Ferry Road intersection with Celebration Drive. b. Exit to westbound Ferry Road, turn right onto Duke Parkway, and proceed north and then east on Duke Parkway to IL-59, then left to northbound IL-59. c. Exit the site to southbound IL-59, and immediately merge into and cross the existing right turn and two through lanes to enter the left turn lane on the southbound IL-59 approach to the signalized Ferry Road intersection, then perform a U-turn to northbound IL-59.

U-turns in egress options 4.a and 4.c should only be performed provided the driver can do so safely without interfering with other traffic, and where such vehicle can be seen by the other driver of any vehicle approaching from either direction within 500 feet in accordance with the Illinois Vehicle Code.

There may also be some drivers that will exit to westbound Ferry Road, and then enter 4M Plaza, and then travel through the parking lot to exit to IL-59 via the north

 Page 2 NuMed Marijuana Dispensary 4S120 Route 59 August 13, 2020

driveway at 4S040 Route 59, or the shared 4M Plaza/4S040 driveway. This traffic impact is no any more significant than other uses that have been established or proposed at this site. While inevitable, this travel route will not be a prevalent traffic pattern given the other, more direct routes to Route 59.

Parking Review

The following comments concern parking: 1. With a net floor area of 3740 sf, the NuMed Marijuana Dispensary building is projected to have a peak weekday parking demand will be 27 parked vehicles based on the ITE Parking Generation Manual. The site proposed parking totals 29 spaces. However, ITE does not provide Saturday parking data. KLOA’s traffic study includes an alternate parking analysis, wherein 13 of the 29 parking spaces are assumed used by a peak of 13 employees. This leaves 16 spaces for use by the 75 Saturday peak hour customers. The local trip generation study data is higher than the ITE data, and was used to analyze peak hour parking need for the dispensary. Both the local study and the ITE data indicate that the Saturday peak hour is the highest traffic hour. The analysis determined that “the 16 parking spaces available to customers would have to turn over approximately 4.5 times during the hour, or every 13 minutes.” It is stated that the 13 minutes is much longer than the 5 minutes the average customer would spend in the store. It appears that the proposed parking supply will be adequate for the peak hour.

We recommend that parking demand be monitored to verify the demand is accommodated by on-site parking, and encourage implementation of the measures listed in the Traffic Evaluation to reduce the potential for parking demand in excess of supply.

2. The dimensions of the 20 perpendicular parking spaces on the east side of the building and seven angle parking spaces in back of the building comply with the Zoning Ordinance. The ADA parking space dimensions also comply. The one- way and two-way circulation aisles widths comply with the Zoning Ordinance.

- end -

 Page 3 Draft 2020.08.31

EXHIBIT G

UNCONDITIONAL AGREEMENT AND CONSENT

TO: The City of Warrenville, Illinois ("City"):

WHEREAS, NuMed Partners LLC (“Applicant”) is the lessee of that certain real property owned by Rockbuild Enterprises, Inc. (“Owner”), consisting of 36,970 square feet, commonly known as 4S120 North Illinois Route 59 within in the corporate limits of Warrenville, Illinois, and legally described in Exhibit A (“Property”); and

WHEREAS, pursuant to the applicable sections of the Warrenville Zoning Ordinance (“Zoning Ordinance”) and the Warrenville City Code (“City Code”), Applicant filed an application for the approval of a special use permit to allow the operation of an adult use cannabis dispensary on the Property (“Special Use Permit”); and

WHEREAS, Ordinance No. O2020-___, adopted by the City Council on ______, 2020 ("Ordinance"), approves the Special Use Permit, subject to specified conditions; and

WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and Owner have filed, within 90 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;

NOW, THEREFORE, the Applicant and Owner do hereby agree and covenant as follows:

1. The Applicant and Owner hereby unconditionally agree to, accept, and consent to, and will abide by, each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance.

2. The Applicant and Owner acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right, provided that the notice to the Applicant and Owner required by Section 4 of the Ordinance is given.

3. The Applicant and Owner acknowledge and agree that the City is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the City's granting of the Special Use Permit or its adoption of the Ordinance, and that the City's approvals do not, and will not, in any way, be deemed to insure, the Applicant or Owner against damage or injury of any kind and at any time.

4. The Applicant hereby agrees to hold harmless and indemnify the City, the City's corporate authorities, and all City elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the City's review and approval of any plans and issuance of any permits, (b) the City's adoption of the Ordinance granting the Special Use Permit, and (c) the development, maintenance and use of the Property as authorized by the Ordinance.

[SIGNATURE PAGE FOLLOWS]

{00116341.2} Draft 2020.08.31

NuMED PARTNERS LLC

By: ______

Its: ______

SUBSCRIBED and SWORN to before me this ______day of ______, 20__.

______Notary Public

ROCKBUILD ENTERPRISES, INC.

By: ______

Its: ______

SUBSCRIBED and SWORN to before me this ______day of ______, 20__.

______Notary Public

{00116341.2} Draft 2020.08.31

EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT

LEGAL DESCRIPTION OF THE PROPERTY

Permanent Index Number: 07-03-100-010-0000

{00116341.2}

PLAN COMMISSION COMMUNITY DEVELOPMENT STAFF REPORT

RECREATIONAL CANNABIS SALE / NUMED PARTNERS LLC

August 20, 2020

Project Number 2020-0163 Applicant NuMed Partners LLC, NuEra Subject Property Location 4S120 N. IL Route 59, Naperville IL 60563 Property Owners Rockbuild Enterprises Inc. LOCATION MAP Zoning

B-4 Motorist Service District PROJECT DESCRIPTION Existing Land Use The Applicant is requesting approval of a Special Use Permit Vacant former bank building per Table 3A of Zoning Ordinance 1018 to operate an Adult Comprehensive Plan Use Cannabis Dispensary on the property zoned B-4 Commercial Motorist Service district and commonly known as 4S120 N. Approvals Sought IL Route 59, Naperville IL 60563 (the Subject Property). The Special Use Permit for an Adult Use Subject Property is located within City of Warrenville Cannabis Dispensary corporate boundaries.

Subject Property The public hearing legal notice for this project was published Area: 36,970 SF in the Daily Herald newspaper on July 8, 2020. The initial public hearing for this request was conducted by the Plan Submitted Documents Commission on July 23, 2020, and continued to August 20, Exhibit A 2020, Plan Commission/Zoning Board of Appeals meeting. It is important to note that this staff report does not reflect any public input that may be received at the continued public hearing, and therefore should be reviewed with this fact in mind. Additional information or testimony provided at the August 20, 2020, continued public hearing may need to be reviewed and considered by City staff before a revised staff recommendation can be formulated for this request.

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I. BACKGROUND The existing 4,969-square foot (gross) vacant bank building with four drive-thru lanes, 22 parking spaces and associated landscaping, lighting, and stormwater management improvements was constructed in 2003, in accordance with the plans and documents approved by the City by Ordinance #2084. Prior to the bank development, the property was improved with a BP/Amoco gas station. In 2017 the property was proposed for redevelopment with a gas station and a combined Dunkin’ Donuts restaurant and drive-thru facility. Ordinance #O2017-57 granted approval of special use permits to operate a gas station and a drive-thru facility for a Dunkin’ Donuts restaurant in September of 2017. The redevelopment plans were not implemented and the special use permit approvals have since expired. The Subject Property is accessed via right-in/right-out driveways on Route 59 and Ferry Road. On January 23, 2020, the Plan Commission conducted a Courtesy Review of the Applicant’s concept proposal and expressed general support for the potential special use. A copy of the minutes from the January 23, 2020, Plan Commission meeting are attached as Exhibit B.

The Plan Commission and staff offered the following input at the January 23, 2020, Courtesy Review:

1. Land Use. Staff and the Plan Commission were not opposed to the recreational cannabis dispensary at the proposed location. The Subject Property is zoned B-4 Motorist Service District and is located along arterial streets. Recreational cannabis dispensaries are permitted in the B-4 zoning district with a Special Use Permit approval. The Subject Property is outside of location restrictions outlined in the Zoning Ordinance (see attached Exhibit C with buffer zones).

2. Parking. The Applicant shall provide information confirming compliance with the parking requirements of the Zoning Ordinance. Six parking spaces are required for every 1,000 square feet of the Adult Use Cannabis Dispensary’s net floor area.

3. Lighting. The Applicant would need to demonstrate that all exterior lighting on the property complies with the City’s illumination performance standards outlined in Section 9 of the Zoning Ordinance. An updated electrical and photometric plan confirming compliance with the applicable illumination performance standards shall be submitted for City review and approval.

4. Interior Lighting, Security and Video Surveillance, and Inventory Control. The interior lighting, security and video surveillance, and inventory control of each Adult Use Cannabis Dispensary shall comply with all requirements of applicable State laws and regulations, including the Cannabis Regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act. The Applicant shall provide documentation confirming compliance with this requirement.

5. Hours of Operation. The proposed operation would have to comply with the Adult Use Cannabis Dispensary requirements of the Zoning Ordinance, which limit such operation to 9:00 am - 9:00 pm.

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6. Security and Crowd Control. The Applicant shall prepare and coordinate their security and crowd control plan with the Warrenville Police Department.

7. Landscaping. The Applicant would need to restore/replant and maintain the existing landscaping on the Subject Property in accordance with the previously approved Landscape Plan. If alternative landscaping is proposed, the Applicant shall submit a revised Landscape Plan for City review and approval.

8. Stormwater Management. The existing stormwater management-related improvements and related vegetation on the Subject Property shall be repaired/restored and maintained in accordance with the approved engineering plans.

At the July 23, 2020, Plan Commission public hearing, the Applicant presented the project and addressed questions from the Plan Commission and the public. The public hearing was continued to the Plan Commission’s August 20, 2020, meeting to allow staff to review the input and testimony provided in conjunction with the initial public input and develop recommendations on the request.

1. ANALYSIS The documents listed on Exhibit A of this staff report have been submitted to the Community Development Department by the Applicant and then distributed to the Plan Commission/Zoning Board of Appeals with the July 23, 2020 and August 20, 2020, agenda packets. Copies of any or all of the submitted documents are available upon request at the Community Development Department and may be viewed on the City’s website at https://www.warrenville.il.us/772/Numed. Per Table 3A of the Zoning Ordinance, an Adult Use Cannabis Dispensary requires a special permit approval in the B-4 Motorist Service District. The Applicant is proposing to operate a recreational cannabis dispensary business on the Subject Property. As proposed, the building would be remodeled to accommodate a recreational cannabis dispensary, sales of logo apparel, devices, merchandise, and items for hosting educational and social events. The Applicant is proposing to remove the existing four drive-thru lanes and associated canopy in order to add seven new parking spaces on the west side of the building for a total of 29 parking spaces (including two handicapped spaces) on the Subject Property. Based on the 4,320-square foot floor area for parking calculation purposes (which excludes 649 square feet of storage area), and six spaces per 1,000 square feet of floor area minimum parking requirements, the proposed facility requires 26 spaces. The total number of parking spaces exceeds the minimum number of parking spaces required by the Zoning Ordinance by three spaces. According to the Applicant, there would be 13 employees at any given time on the largest shift, including one in each of eight point of sales, two receptionists, two employees working in the back of the store and one security person for the facility. Per the Applicant, at least one professionally trained security guard would be present on premises. The Applicant expects up to

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13 customers at the same time during the busiest time and when utilizing standard sales operations as follows: one customer at each point of sale and five customers waiting to be served. A three-foot wide sidewalk is also proposed from the southern entrance of the building to access the proposed parking spaces west of the building. Staff recommends that any positive Plan Commission recommendation on this approval request include requirement to provide pedestrian connection between the building and the existing path along Ferry Road. This recommendation is outlined in the Review Memo from the City Senior Civil Engineer Hocking, dated August 13, 2020, and attached to this staff report as Exhibit B. At the July 23, 2020, public hearing a question was raised regarding the need for a new sidewalk or trail improvement along Route 59 frontage of the Subject Property. At this point in time, staff does not recommend the Applicant construct a pedestrian path along the Route 59 frontage of the Subject Property since it would not connect to any existing or actively proposed pedestrian/bike improvement. While the City’s 2008 Bikeway Implementation Plan, 2016 Bikeway Implementation Addendum I, and the 2016 Southwest District Plan reflect the City’s long-term plan for a regional path connection along this section of Route 59, staff believes such project should be design and installed in a coordinated manner with comprehensive engineering addressing grading and drainage challenges that exist along individual property frontages on Route 59. At this point the area is served by a sidewalk (in front of Monarch Landing) and a new multi-use path (in front of Everton Development) along the east side of Route 59, which provides connection from Ferry Road to Ivan Albright Street. No direct pedestrian connections exist or are planned with the adjacent 4M shopping plaza. Wall signage is proposed on the east and south building elevations. Further details regarding signage have not been provided. Any future proposed wall signage may be installed in accordance with the requirements of the Warrenville Sign Ordinance once the required Building Permit is secured. The trash enclosure would remain at its current location in the northwest corner of the site. Access to the site is provided via limited right-in-right-out access along Route 59 and Ferry Road. At the public hearing a concern was expressed regarding site circulation and a potential for NuMed/NuEra customers entering the 4M Plaza in search for a turn around to get back to northbound Route 59 or eastbound Ferry Road. From the staff’s perspective, while such maneuvering may happen occasionally, it seems unlikely that a material number of NuMed/NuEra customers will choose to navigate through approximately 1,200 linear feet of private parking lot and driveways on the adjacent 4M Plaza and vacant restaurant site in order to access the northern driveway on the vacant restaurant site, so they could make a left out and head north on Route 59. Further details and considerations regarding the existing right-in/right- out limitations of the Subject Property are contained in the review Memo from the Consulting City Traffic Engineer dated August 13, 2020 and attached on Exhibit C.

Special Use Permit Approval Criteria

In recommending or granting approval or conditional approval of a Special Use, the City Council

{00116151.1} 8/20/20 CDD STAFF REPORT: NuMed Partners LLC/NuEra Page 5 and Plan Commission shall prepare written findings of fact that on the basis of the characteristics cited under Review of Special Uses herein -- or changes to such characteristics that conditions to which the approval is made subject require -- the proposed use will be compatible with existing uses in the area, and with Permitted Uses in the zoning district, in the following ways (Staff’s comments are in Italics font):

1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Based on the information provided by the Applicant, the proposed use would operate similar to that of a retail establishment. The Applicant provided a professional Traffic Evaluation study outlining the projected traffic flow and parking needs that would be associated with the proposed dispensary. The Consulting City Traffic Engineer reviewed the Traffic Evaluation document and concluded that based on trip generation data of similar facilities, which indicate higher traffic volumes than the Institute of Transportation Engineers (ITE) data, the overall impact to the roadway network would be small. In addition, staff is also proposing to limit the sales of adult- use recreational cannabis at the facility to the ROPE (Reserve Online Pick-up Express, no walk in customers) system, as more fully described in the NuEra Proposed Customer Flow Operating Procedures prepared by NuEra, dated July 2020, and attached to this Staff Report on Exhibit D. Under the ROPE system, adult use recreational cannabis sales would only be available through an online pre-ordering system. Once the pre-order is taken, the customer is given a 30-minute pick up window in which to arrive at the dispensary, pay for and pick up the pre-ordered products. The number of customers picking up during a ROPE pick-up window would be limited. While utilizing the ROPE system, walk-in recreational sales would not be available. Medical cannabis customers, on the other hand, would be permitted, but not required, to use the ROPE system and would be able to walk in to purchase products during operating hours. ROPE system would limit and control the traffic on the Subject Property and could be re-evaluated by the Plan Commission in the future, based on real data from the operation on the Subject Property and other similar sites. If the proposed use is operated in accordance with the conditions outlined in Section III of this Staff Report, any adverse impacts of types or volumes of traffic flow that are not typical in the B-4 zoned districts would be minimized.

2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the zoning district, have been appropriately controlled. The proposed adult cannabis sales would be limited to indoor operation. The business would use the existing building and parking lot on the Subject Property. With the exception of the removal of existing drive through canopy and providing additional parking on the west side of the building, there would be no new improvements. The landscaping and lighting on the site will be required

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to comply with the applicable standards set forth in the Warrenville Zoning Ordinance. As proposed, and subject to the site being improved and operated in accordance with the conditions outlined in Section III of this Staff Report, the proposed use will not create environmental impacts uncharacteristic of permitted uses allowed in the B-4 Zoning District.

3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with Permitted Uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with Permitted Uses in the district. Based on the information submitted by the Applicant and provided the proposed business is operated in accordance with the conditions outlined in Section III of this Staff Report, staff does not believe the proposed use would have an undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with Permitted Uses in the B-4 zoning district. With the exception of removal of a drive- thru canopy, the existing improvements on the Subject Property would remain. Landscaping and parking lot lighting improvements would be updated to comply with the current requirements of the Zoning Ordinance. Since there is no pedestrian or vehicular connection between the Subject Property and 4M Plaza, it is not anticipated that the existing traffic volumes and circulation pattern on the 4M Plaza property would be affected as a result of the proposed business operation on the Subject Property. The proposed number of surface parking spaces on the Subject Property meets and exceeds the minimum requirements of the Zoning Ordinance. The Applicant provided a summary of the report published by the National Association of Realtors in February 2020. The report was based on a data from survey among members of the National Association of REALTORS, and indicated that 67% of the members had not seen a change in the commercial property values near dispensaries serving both recreational and medical customers. 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities as compared with the Permitted Uses, in such a way as to place undue burdens upon existing development in the area. The existing development on the Subject Property is serviced by the City water and sanitary sewer, the Applicant is not requesting new services. If the proposed use is operated in accordance with the conditions outlined in Section III of this Staff Report, it will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district.

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5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use, nor of the general public in the vicinity. The City Police Chief Turano has reviewed the detailed NuMed Dispensary Security Plan prepared by Sapphire Risk for the Applicant in March 2020. This security plan was adapted to the specific security needs of Warrenville taking into account comments and recommendations of the Warrenville Police Department. The Police Chief Turano found the security plan to be satisfactory. Parking lot lighting would comply with the applicable requirements of the Zoning Ordinance. If the proposed use is operated in accordance with the conditions outlined in Section III of this Staff Report, it will not be detrimental to the safety or health of the employees, customers or general public.

6. Other Factors The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the Commission or Council to the particular Special Use or its particular location. The proposed facility would be operated in accordance with the applicable licensing and operational requirements set forth by the State of Illinois. In addition to recreational cannabis the facility would be serving medical patients. If the proposed use is operated in accordance with the conditions outlined in Section III of this Staff Report, the facility will be compatible with the surrounding area and uses.

III. STAFF RECOMMENDED APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive Plan Commission recommendation on the requested Special Use Permit approval:

1. Documents: The development and operation on the Subject Property shall be consistent with the plans and documents listed on the attached Exhibit A and revised to address the approval conditions outlined in this Staff Report. 2. ROPE System: The Applicant must operate the dispensary using the ROPE system for all adult use recreational cannabis sales on the Subject Property as described in the NuEra Proposed Customer Flow Operating Procedures, prepared by NuEra, dated July 2020, and attached to this Staff Report on Exhibit D. The number of customers to be assigned to each 30-minute ROPE pick-up window shall be limited, and calculated based on the available parking spaces on the Subject Property as follows: 29 spaces, minus number of employees parked on site on a given day, minus three spaces for medical customers The Plan Commission may modify or eliminate this condition upon receipt and review of a written request from the Applicant. No formal public hearing is required to modify or eliminate this condition.

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3. Security Guard: At least one professionally trained licensed security guard shall present on premises during the open business hours. 4. Business Operation: Unless otherwise approved by the Plan Commission, business on the Subject Property shall operate in accordance the NuEra Proposed Customer Flow Operating Procedures, prepared by NuEra, dated July 2020, and attached to this Staff Report on Exhibit D. 5. Security Plan: Unless otherwise approved by the Plan Commission, business on the Subject Property shall implement security plan outlined in the NuMed Dispensary Security Plan document prepared by Sapphire Risk, dated March 2020. 6. Civil Engineer Review: The Applicant shall comply with the review comments and recommendations outlined in the review memo from the City Consulting and City Senior Civil Engineer, dated August 13, 2020, attached as Exhibit B. 7. Consulting Traffic Engineer (Benes) Review: The Applicant shall comply with the review comments and recommendations outlined in the memo from the City Consulting Traffic Engineer of J.J. Benes and Associates, dated August 13, 2020, attached as Exhibit C. 8. Warrenville Fire Protection District Review: The Applicant shall address and comply with City Code-supported comments outlined in yet to be finalized review memo from the Warrenville Fire Protection District. 9. Building Roof: The building roof on the building shall be refinished with high quality paint/coating in a color complimenting the building color scheme prior to occupancy permit issuance and shall be maintained in painted/finished condition. 10. Pedestrian Connection: The Applicant shall construct pedestrian walkway between the building and the path along Ferry Road. Final location of the walkway and construction details shall be submitted by the Applicant to the City Civil Engineer for review and approval prior to permit issuance for this project. 11. Photometric and Lighting Plan: A Photometric and Lighting Plan shall be prepared in accordance with Section 9. Performance Standards of the Zoning Ordinance. These plans shall be submitted, reviewed and approved by the City Civil Engineer prior to Permit issuance for this project. 12. Building Decorative Lights: Exterior building decorative light fixtures that are not full horizontal cutoff optics with flat lenses shall be submitted to the Plan Commission for review and approval. 13. Landscape Plan: A Landscape Plan shall be prepared in accordance with the requirements of Section 11. Landscaping and Screening of the Zoning Ordinance, which Landscape Plan must contain a landscape concept statement, detailed plant list, and calculations confirming compliance with the various quantitative and qualitative requirements of Section 11 of the Zoning Ordinance. All existing plants that are in stressed, dying or overgrown conditions shall be replaced with new plants. All existing plants proposed to stay shall be identified on the Landscape Plan, including their size and botanical name. The Landscape Plan shall be submitted, reviewed and approved by staff prior to Permit issuance for this project. Landscape Covenant Agreement: A Landscape Covenant Agreement satisfying the 14. requirements of Section 11.B. 4 of the Zoning Ordinance shall be prepared, executed and recorded with the DuPage County Recorder’s Office prior to the first Certificate of Occupancy issuance for this project. Both, the approval Landscape Plan and Long Term

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Maintenance Plan shall be referenced in and become part of the Landscape Covenant Agreement. 15. Decorative lights along Route 59 Frontage: The property owner shall be responsible for maintaining and operating the decorative lights along the Route 59 and Ferry Road frontage of the Subject Property, which lights shall be turned on from dusk to dawn. All fixtures shall be maintained in operable condition at all times and repaired/replaced promptly as needed. 16. Signage: Unless otherwise approved by the City Council, all wall and ground signs shall be designed to comply with the applicable Site Ordinance requirements. The Applicant shall obtain Building permit for each sign. 17. “No Parking” Signs: In order to mitigate the risk that the NuEra customers will park in the 4M Plaza parking lot, the 4M Plaza property owner might install “No Parking” signs notifying NuEra customers that they are prohibited from parking in the 4M Plaza parking lot. If the 4M Plaza property owner installs such signs, the Applicant must contribute up to $100 per sign, for a maximum of six signs. 18. Fees and Security Guaranteeing Completion of Public Improvements: The Applicant shall pay/submit all applicable review and inspection fees and the required security guaranteeing completion of public improvements prior to any permit issuance for this project. 19. Traffic Enforcement Agreement: A Private Property Traffic Enforcement Agreement (in a form acceptable to the City) shall be executed by the Property Owner and recorded by the City prior to any building permit issuance for this project.

CONCLUSION Based on the facts and findings outlined in this Staff Report, staff recommends the Plan Commission make the following motion upon conclusion of the formal public hearing:

Plan Commission recommends City Council approval of the Special Use Permit per Table 3A of Zoning Ordinance 1018 to operate an Adult Use Cannabis Dispensary on the Subject Property, subject to the conditions outlined in Section III of the August 20, 2020, Community Development Staff Report.

ATTACHMENTS Exhibit A: Submitted Documents Exhibit B: City Engineer Memo dated August 13, 2020 Exhibit C: Consulting City Traffic Engineer Memo dated August 13, 2020. Exhibit D: NuEra Proposed Customer Flow Operating Procedures, prepared by NuEra, dated July 2020

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EXHIBIT A

DOCUMENTS SUBMITTED 4-16-20 THRU 8-11-20 1. General Application, 3 pages, prepared by Robert Fitzsimmons, dated 4-15-20 2. Special Use Permit Application, 4 pages, prepared by Robert Fitzsimmons, dated 4-15-20 3. Warranty Deed, 3 pages, prepared by Michael Lacy, dated 9-20-17, recorded 10-5-17 4. Alta Commitment for Title Insurance, 10 pages, prepared by Chicago Title Insurance Company, effective 9-1-17 5. Authorization Letter, 2 pages, prepared by Mohammad Khan, dated 1-14-20 6. NuMed Dispensaries Table of Ownership and Control, 4 pages, prepared by NuMed, submitted 4-17-20 7. Floor Plan, 3 pages, prepared by OKW Architects, dated 4-17-20 8. Elevations, 1 page, prepared by OKW Architects, dated 4-17-20 9. Fire Truck Access Route, 1 sheet, prepared by RWG Engineering, LLC, dated 4-13-20 10. Site Plan, 1 sheet, prepared by RWG Engineering, LLC, dated 4-13-20 11. Boundary and Topographic Survey, 1 sheet, prepared by Gentile and Associates, Inc., dated 4-7-20 12. Customer Flow Standard Operating Procedures, 3 pages, prepared by NuMed, submitted 4-17-20 13. Floor Space Plan, 3 pages, prepared by NuMed, submitted 4-17-20 14. Restricted Access Plan, 2 pages, prepared by NuMed, submitted 4-17-20 15. ADA Plan, 2 pages, prepared by NuMed, submitted 4-17-20 16. Signage Schedule, 1 page, prepared by NuMed, submitted 4-17-20 17. Security Device and Plan, 2 pages, prepared by NuMed, submitted 4-17-20 18. Special Use Application Overview, 6 pages, prepared by Robert Fitzsimmons, submitted 4-17-20 19. Letter to Plan Commission, 4 pages, prepared by Robert Fitzsimmons, dated 3-30-20 20. Traffic Evaluation, 47 pages, prepared by KLOA, Inc., dated 4-17-20, revised 8-10-20 21. Landscape Plan, 1 sheet, prepared by Schoppe Design Associates, Inc., dated 4-20-20 22. Commercial Property Values Near Dispensaries, 1 page, prepared by NAR 2020, submitted 7-23-20 23. NuMed Dispensary Security Plan, 54 pages, prepared by Sapphire Risk, dated 12-2019, updated 3-2020 24. NuEra Proposed Customer Flow Operating Procedures, 4 pages, prepared by NuEra, dated 7-2020

{00116151.1} CITY OF WARRENVILLE MEMO

TO: Natalia Domovessova, Senior Planner FROM: Kristine Hocking, Senior Civil Engineer SUBJECT: NUMED DISPENSARY – 4S120 ROUTE 59 ENGINEERING REVIEW #1 DATE: August 13, 2020

ENGINEERING SUMMARY

should be provided to ensure compliance with the Zoning Ordinance. All lights should be in working order.

REVIEW COMMENTS

Site Plan

1. The parking lot has not been improved in over 15 years and is in poor condition. The existing parking lot surface condition should be evaluated to see if it needs to be resurfaced. 2. Provide standard erosion control measures and note to clean all existing drainage structures to ensure proper drainage flow. 3. New pavement should meet 2.8 structural number. The current design is 2.7. 4. Provide an updated photometric plan including any changes to the site lighting. 5. Provide a stop bar, stop sign, and right turn only sign at the driveway exit onto Route 59. 6. Provide a stop bar, stop sign, and right turn only sign at the driveway exit onto Ferry Road. ADA compliant ramps, crosswalk and detectable warnings should be added at this driveway. 7. Provide an ADA compliant accessible route from the public path to the accessible entrance to the dispensary. 8. Confirm the proposed ADA Accessible spaces have a compliant accessible route across the parking lot to the store entrance (across parking lot and ramp). 9. Include an engineer’s statement should also include that the development of the subject site in accordance with the site plan will not damage other properties. The original signature and seal of the Professional Engineer registered in the State of Illinois must accompany the certification statement with the date and registration expiration. 10. Include the City of Warrenville Erosion and Sediment Control Notes.

Traffic Analysis, Circulation, Parking & Access 1. Address traffic consultant, James J. Benes’s August 13, 2020, memo regarding traffic analysis, circulation, parking, and access.

NuMed Dispensary 4S120 Route 59– Engineering Review #1 August 13, 2020 Page 3 of 3

2. Stormwater Application and Inspection Fee: May be required per City code section 8-5-3.

3. Development Security: A Letter of Credit, Bond, or Cash Deposit equal to 110% of the City approved EOPCC must be submitted. JAMES J. BENES AND ASSOCIATES, INC. 1011 Warrenville Road . Suite 420 . Lisle, Illinois . 60532 Tel. (630) 719-7570 . Fax (630) 719-7589

MEMORANDUM

Date: August 13, 2020

To: Kristine Hocking, PE, CFM Senior Civil Engineer City of Warrenville

From: Tom Adomshick, PTOE Grant Hicks, EI President Project Engineer

Re: NuMed Dispensary 4S120 Route 59 Project No. 632.777

The existing RIRO driveways provide no on-site, direct route for a customer to enter from eastbound Ferry Road or to exit to northbound IL Route 59.

Traffic Analysis

NuMed Marijuana Dispensary 4S120 Route 59 August 13, 2020

Site Plan Review

The following are our comments on the proposed site plan about internal circulation: 1. A fire truck circulation path as shown on the site plan appears to conflict with various items including a tree at the south driveway, potentially with the dumpster enclosure and the fence along the west property line, and with east perimeter parking spaces. Revise the Autoturn exhibit. We recommend the Fire Protection District also review the Autoturn exhibits. 2. Ingress and egress for the site is provided via two right-turn in/right-turn out (RIRO) driveways; one each on IL-59 and on Ferry Road. Drivers wishing to exit to eastbound Ferry Road and to northbound IL Route 59 do not have direct egress from the site. The following options to drivers exiting to the east or north are listed in the revised Traffic Evaluation : a. Exit to westbound Ferry Road, and perform a U-turn at the Ferry Road intersection with Celebration Drive. b. Exit to westbound Ferry Road, turn right onto Duke Parkway, and proceed north and then east on Duke Parkway to IL-59, then left to northbound IL-59. c. Exit the site to southbound IL-59, and immediately merge into and cross the existing right turn and two through lanes to enter the left turn lane on the southbound IL-59 approach to the signalized Ferry Road intersection, then perform a U-turn to northbound IL-59.

There may also be some drivers that will exit to westbound Ferry Road, and then enter 4M Plaza, and then travel through the parking lot to exit to IL-59 via the north

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Parking Review

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