Loading...
HomeMy WebLinkAboutOrdinances - 20-19 - 05/04/2020 - CUP for Cannabis at 4610 Prime ParkwayCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-19 AN ORDINANCE GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE AN ADULT -USE CANNABIS CRAFT -GROW, INFUSION, TRANSPORTATION, AND DISPENSARY BUSINESS AT THE PROPERTY COMMONLY KNOWN AS 4610 PRIME PARKWAY. Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois May 4, 2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this Sth day of May, 20200 ORDINANCE NO. 20-19 AN ORDINANCE GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE AN ADULT -USE CANNABIS CRAFT -GROW, INFUSION, TRANSPORTATION, AND DISPENSARY BUSINESS AT THE PROPERTY COMMONLY KNOWN AS 4610 PRIME PARKWAY. 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 Denver Cole, LLC ("Contract Purchaser") and Corporate Disk Company ("Owner of Record") requesting a Conditional Use Permit to operate an adult -use cannabis craft -grow, infusion, transportation, and dispensary business on the property located at 4610 Prime Parkway and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; 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 Zoning Map Amendment, Conditional Use Permit, and Use Variance 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 Conditional Use Permit to operate an adult -use cannabis craft -grow, infusion, transportation, and dispensary business subject to the following conditions: 1. All signage shall be in compliance with the Illinois Cannabis Regulation and Tax Act. 2. A signed affidavit shall be submitted to the Community Development Department stating compliance with all requirements of the Illinois Cannabis Regulation and Tax Act once a state licensing is obtained. 3. The property owner shall divide the subject property with a second unit to accommodate the cannabis transportation business once licensing is obtained. 4. City Council may revoke the Conditional Use Permit for an adult -use cannabis dispensary if dispensary operations have not been established or state licensing has not been obtained within one year from the date of approval. 5. The operators of the dispensary shall enter Cl" agreement with the city, and the McHenry River Wall< Foundation or other local not for profit agency that services the City of McHenry's residents once a state license has been issued and prior to the issuance of a certificate of occupancy. 6. All other applicable federal, state, and local laws shall be met. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in Section 11-15-5 of the City of McHenry Zoning Ordinance have been met: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. 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. 3. 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. 4. The proposed use will not require existing community facilities or services to a degree disproportionate tothat normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patronsI or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: 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 4th day of May, 2020. Ayes Alderman Devine k Alderman Glab k Alderman Harding K Alderman Mihevc k Alderwoman Miller _ C� Alderman Santi_ Alderman Schaefer K Wayne Jett, Mayor Nays Absent Abstain Monte Johnson, Deputy City Clerk Exhibit A Legal Description of the Subject Property LOTS 8, 9, AND 10 MCHENRY CORPORATE CENTER UNIT 1, BEING A PART OF THE NORTHEAST QUARTER AND PART OF THE NORTWEST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER6, 1989 AS DOCUMENT NO. 8911337801 IN MCHENRY COUNTY, ILLINOIS. PERMANENT REAL ESTATE INDEX NUMBER(S): 14-10-251-001 and 14-10-251-002 and 14-10- 251-003