HomeMy WebLinkAboutMinutes - 09/18/2019 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
September 18, 2019
Chairman Strach called the September 18, 2019 regularly scheduled meeting of the City of
McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the
following: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Absent: Doherty. Also in
attendance were Director of Economic Development Martin and Economic Development
Coordinator Wolf.
Chairman Strach opened the public portion of the meeting at 7:30 p.m. There was nobody in
attendance who wished to address the Commission with public comment.
Approval of Minutes
Motion by Walsh seconded by Lehman to approve the August 21, 2019 Regular Meeting
minutes of the Planning and Zoning Commission as presented:
Voting Aye: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty.
Motion carried 6-0.
Public Hearing: Effingham Medical Farms LLC dba Justice Grown
File No. Z-954
408 S. Route 31
Conditional Use Permit to allow a Medical Cannabis Dispensing Organization
Chairman Strach stated this hearing will be held at a future date due to a publication error.
Public Hearing: City of McHenry
File No. Z-955
333 S. Green Street
Text amendments to the City of McHenry Zoning Ordinance: Article III. General District
Regulations, Article V. Commercial Districts and Article XIX. Definitions to add regulations,
location requirements and definitions of vape stores, vaping products, vaping, electronic
cigarettes and e-cigarettes and any other amendments and/or regulations required
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No. Z-955 an
application for Text amendments to the City of McHenry Zoning Ordinance: Article III. General
Planning and Zoning Commission
September 18, 2019
Page 2
District Regulations, Article V. Commercial Districts and Article XIX. Definitions to add regulations,
location requirements and definitions of vape stores, vaping products, vaping, electronic
cigarettes and e-cigarettes and any other amendments and/or regulations required.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
August 30, 2019. A Certificate of Publication is on file in the City Clerk’s Office.
Director of Economic Development gave the Staff report stating vaping is extremely prevalent
in our society, particularly by young people. There has been at least one death and numerous
illnesses attributed to vaping throughout the United States. Severe respiratory and other issues
are linked to vaping and e-cigarettes.
On February 18, 2019 the City Council discussed vape shops and the health risks associated with
vaping. Following the City Council discussion an ordinance adopting a moratorium on vape
shops was placed on the March 18, 2019 City Council meeting agenda and approved by the City
Council.
Director Martin presented a proposed text amendment to the City of McHenry Zoning
Ordinance which regulates vape stores, products, vaping and electronic/e-cigarettes. Vape
stores are permitted in the C-5 zoning district. They must obtain a tobacco license; must be
1,000 feet from other vape stores, school, child care or children’s recreation facility. Accessory
use vaping products are permitted in all commercial zoning districts so long as the vaping
products display and storage utilize less than 2% of the gross floor area of the authorized
principal structure or 200 square feet, whichever is less. They must be ancillary to the principal
use and a tobacco license is required.
Director of Economic Development Martin stated Staff recommends approval of the text
amendment to the City of McHenry Zoning Ordinance: Article III. General Residential District
Regulations; Article V. Commercial Districts and Article XIX Definitions regarding vaping
establishments.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Sobotta asked if there is an age restriction on buying vape products.
Commissioner Strach stated the State of Illinois just changed the purchase requirements from 18
to 21.
Commissioner Thacker asked if the 5 vape shops presently in McHenry were required to have a
tobacco license. Director Martin stated he believes they were.
Chairman Strach stated that since there were no outside attendees present the public
comment portion of the hearing was closed at 7:41 pm. There were no further questions or
comments from the Commissioners.
Planning and Zoning Commission
September 18, 2019
Page 3
Motion by Walsh seconded by Gurda to recommend to the City Council with regard to File No. Z-
955, approval of Text amendments to the City of McHenry Zoning Ordinance: Article III. General
Residential District Regulations; Article V. Commercial Districts and Article XIX Definitions
regarding vaping establishments.
Voting Aye: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty
.
Motion carried 6-0
Chairman Strach closed the Public Hearing regarding File No. Z-955 at 7:44 pm.
Staff Report
Director Martin stated a special meeting has been scheduled for Tuesday September 14, a
public hearing regarding text amendments for Adult Use Cannabis and there is still an October
16, 2019 regularly scheduled meeting.
Adjournment
Motion by Sobotta seconded by Lehman to adjourn the meeting at 7:50 p.m.
Voting Aye: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty.
Motion carried 6-0.
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
__________________________________
Shawn Strach, Chairman
City of McHenry
Planning & Zoning Commission