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HomeMy WebLinkAboutOrdinances - 22-7 - 02/07/2022 - Variation for 3900 Mercy Drive - Cannabis Infusion CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 22-7 ORDINANCE GRANTING A USE VARIATION FOR AN ADULT-USE CANNABIS INFUSION FACILITY IN THE 0-2 OFFICE PARK DISTRICT AT 3900 MERCY DRIVE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois February 7, 2022 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 8th day of February, 2022. ORDINANCE NO 22-7 ORDINANCE GRANTING A USE VARIATION FOR AN ADULT-USE CANNABIS INFUSION FACILITY IN THE 0-2 OFFICE PARK DISTRICT AT 3900 MERCY DRIVE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Future of the Leaf Infusers LLC ("CONTRACT PURCHASER") requesting approval of a Use Variation to allow an Adult-Use Cannabis Infusion Facility in the 0-2 Office Park District for the property located at 3900 Mercy Drive and legally described on Exhibit "A",attached hereto and incorporated herein, "SUBJECT PROPERTY"; and WHEREAS,a public hearing on said petition was held before the Planning and Zoning Commission on January 19, 2022 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested Use Variation; and WHEREAS,the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Use Variation is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals, and general welfare of its residents. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS,AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Use Variation to operate an Adult- Use Cannabis Infusion Facility subject to the following conditions: 1. The property owner shall install parking lot perimeter landscaping and screening to be in compliance with Chapter 13,Table 3—Parking Lot Perimeter Landscaping Design Standards of the City of McHenry Zoning Ordinance prior to the issuance of a certificate of occupancy. 2. The property owner shall be responsible for maintaining and replacing any damaged or destroyed trees along the east property line that screen the property from view as determined by the Zoning Administrator. 3. All other federal, state, and local laws shall be met. SECTION 2: In granting said Use Variation,the City Council finds that the Approval Criteria for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 7st day of February, 2022. Aves Nays Absent Abstain Alderman Devine X Alderman Glab X Alderman Harding X Alderman Strach X Alderwoman Miller X Alderman Santi X Alderman McClatch X Wayne Jett, Mayor Trisha Ramel, City Clerk Exhibit A Legal Description of the Subject Property LOTS 2 AND 3 IN PROFESSIONAL PLAZA SUBDIVISION, BEING A SUBDIVISION OF THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 2003110136226, IN MCHENRY COUNTY, ILLINOIS. PIN: 14-02-352-016 and 14-02-352-015 Property Address: 3900 Mercy Drive, McHenry, Illinois 60050