HomeMy WebLinkAboutOrdinances - 25-7 - 02/03/2025 - 3900 Mercy Drive Variation CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 25-7
ORDINANCE GRANTING A USE VARIATION FOR AN ADULT-USE
CANNABIS CRAFT GROW FACILITY IN CONJUNCTION WITH AN ADULT-
USE CANNABIS INFUSION FACILITY FOR THE PROPERTY AT 3900
MERCY DRIVE
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
February 3, 2025
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 4th Day of February 2025
ORDINANCE NO. 25-7
ORDINANCE GRANTING A USE VARIATION FOR AN ADULT-USE CANNABIS CRAFT GROW
FACILITY IN CONJUNCTION WITH AN ADULT-USE CANNABIS INFUSION FACILITY FOR THE
PROPERTY 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 by Future of the Leaf Infusers LLC, ("Property
Owner"), requesting approval of a Use Variance to operate an adult-use cannabis craft grow
facility in conjunction with adult-use cannabis infusion facility for the property commonly known
as 3900 Mercy Drive, legally described in "EXHIBIT A", attached hereto and incorporated herein,
"SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said p�tition was held before the Planning and Zoning
Commission on January 15, 2025 in the manner prescribed by ordinance and statute, and as a
result of said hearing,the Planning and Zoning Commission recommended to the City Council the
granting of the requested Use Variance (7-aye; 0-nay; 0-abstain); and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the request 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. No noxious odor resulting from cannabis business operations shall be detectable at any
adjoining property line.
2. The Property Owner shall submit an Odor Mitigation Plan that shall be reviewed and
approved at the discretion of the Zoning Administrator prior to the issuance of a
certificate of occupancy for the Cannabis Craft Grow Facility.
3. The Property Owner shall be responsible for the reimbursement of any costs incurred by
the City for investigation of any odor complaints. Odor complaints may be investigated by
a Certified Industrial Hygienist or other accredited odor sampling professional as
determined by the Zoning Administrator.
4. Any expansion of the principal building shall require a new Use Variance.
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 3�d day of February, 2025.
Aves Nays Absent Abstain
Alderwoman Bassi x
Alderman Davis x
Alderman Glab x
Alderman Koch x
Alderman McClatchey x
Alderwoman Miller x
Alderman Santi x
� \
Wayne Jett, Mayor Trisha Ramel, City Clerk
EXHIBIT A
Legal Description
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 2003R0136226, IN MCHENRY COUNTY, ILLINOIS.
PIN: 14-02-352-016 and 14-02-352-015
Property Address: 3900 Mercy Drive, McHenry, Illinois 60050
