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HomeMy WebLinkAboutPacket - 09/18/2019 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE DATE: Wednesday, September 18, 2019 TIME: 7:30 p.m. PLACE: McHenry Municipal Center (Council Chambers) 333 South Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Input — (five minutes total on non -agenda items only) 5. Consideration of Approval of Meeting Minutes: August 21, 2019 Regular Meeting 6. (THIS HEARING WILL BE HEARD AT A FUTURE DATE DUE TO PUBLICATION ERROR) Z-954 Public Hearing —Conditional Use Permit to allow a Medical Cannabis Dispensing Organization at 408 S. IL Route 31 Applicant: Effingham Medical Farms LLC dba Justice Grown, 311 N. Aberdeen St., Chicago, IL 60607 Requested Action: Conditional Use Permit to allow a Medical Cannabis Dispensing Organization Location of Subject Property: The Subject property is located at 408 S. IL Route 31 in a strip mall, east of IL Route 31 and north of Charles Miller Rd. Z-955 Public Hearing —Text amendments to the City of McHenry Zoning Ordinance: Article III. General District Regulations, Article V. Commercial Districts and Article XIX. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Definitions to add regulations, location requirements and definitions of vape stores, vaping products, vaping, electronic cigarettes and e-cigarettes Applicant: City of McHenry, 333 S. Green St., McHenry, IL 60050 Requested Action: Text amendments to the City of McHenry Zoning Ordinance: Article If. 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 8. Staff Report: Next Special Meeting Date: September 24, 2019 at 7:30 p.m.; Next Regular Meeting Date: October 16, 2019 at 7:30 p.m. 9. Adjourn The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. City of McHenry Planning and Zoning Commission Minutes August 21, 2019 Chairman Siraeh called the August 21, 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: Gorda, 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 Thacker seconded by Lehman to approve the July ] 7, 2019 Regular Meeting minutes of the Planning and Zoning Commission as presented: Voting Aye: Lehman, Strach, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Gorda. Absent: Doherty. Motion carried 5-0. Public Hearing: Harms Farm File No. Z-953 4727 W. Crystal Lake Road Zoning Map Amendment to A4 Agriculture upon annexation and a Conditional Use Permit to allow a Landscape Business with Outdoor Storage Chairman Strach called the Public Hearing to order at 730regarding File No. Z-953 an application for a zoning map amendment fiom E Estate to A-1 Agriculture upon annexation and a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage for the property located at 4727 W. Crystal Lake Rd consisting of approximately 7.5 acres. Chairman Sh•ach stated Notice of the Public Hearing was published in the Northwest Herald on July 26, 2019. Notices were mailed to all abutting proper4y owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Dennis and Theresa Harrns, 4723 W. Crystal Lake Rd., McHenry, IL and Attorney Steve Cuda, l01 Van Buren St., Woodstock, IL 60098. Attorney Cuda stated he lives in McHenry and has known the Harms family for many years. The Harms are petitioning to be annexed into the City of McHenry and this hearing is addressing items in regard to that annexation. Mr. Dennis Harms verified information given on the land trust that the properties are held in. Attorney Coda stated the property is currently in McHenry County. Mr. Harms gave Planning and Zoning Commission August 21, 2019 Page 2 a brief overview of the business considerations and operations beginning in January through an entire year including growing, retail sales, field development, snow plowing and harvest festivals, pumpkin sales and Christmas tree sales. They also gave a brief overview of the items and times that outdoor storage is needed for the landscape business end of the Garden Center. Mr. Harms explained he has been in business since 1962 and is not proposing or expecting to add or change any operations or storage other than what is being done today. Mr. Harms stated he is contiguous to the City of McHenry. Mr. Harms stated it just appears to be a good time to annex and he feels they will get better cooperation and service in permits and other requests from the City of McHenry than the county at this time. Director of Economic Development gave the Staff report stating the applicants currently operate Harms Farm and Garden Center on county -zoned property and are requesting a Zoning Map Amendment from E Estate to A-1 Agriculture upon annexation, which is a newly created zoning district in the City, and a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage. The subject property is zoned A-1 Agriculture currently in the County and operates as a garden center, farm stand, agritourism location and landscape and snowplowing business with outdoor storage. In regard to the Zoning Map Amendment Director Martin stated the character of the area near the subject property consists of primarily residential land uses to the north, south and east of the subject property. The property to the west is McHenry West High School. The applicant is not proposing to alter their business, which has been in existence for decades. The proposed zoning map amendment is consistent with the development trend and satisfies all the criteria outlined in Table 33. The subject property provides a logical extension to City boundaries and the A-1 zoning is compatible with adjacent zoning and the uses the applicant has on their site. The A4 zoning permits by right: agriculture; agritourism, limited; dwellings, farm stand; garden center; and greenhouse/nursery business. Staff has no concerns with this request. In regard to the Conditional Use Permit Director Martin stated the applicant is seeking a conditional use permit to allow agritourism as well as a landscape business with outdoor storage. These are activities that the applicant currently conducts as part of their normal business operations on the subject property. The A-1 zoning district in the City of McHenry requires a conditional use permit for them and Staff believes they are complimentary to the other business activities conducted on -site and does not see any issues with the agritourism, landscape business or the outdoor storage. This does not now and staff does not foresee any adverse impacts to adjacent property owners in the future. Agritourism is a large part of the applicant's business operation and has been for numerous years. Director Martin stated zoning map amendments "shall be made in accordance with and consistent with a comprehensive plan." This zoning rnap amendment is NOT consistent with the City's Comprehensive Plan, Crystal Lake Road Sub -Area Plan and Future Land Use Map, however it is reasonable and in the public interest. The A-1 land use category is a newly adopted text amendment to the City's zoning ordinance. By way of reference the City's Comprehensive Plan was last amended in 2008 and the Crystal Lake Road Sub -Area Plan was completed in 2006. The A-1 zoning classification makes the most sense in this instance and fits the uses on the subject property and is therefore reasonable and in the public interest. The City's Municipal Planning and Zoning Commission August 21, 2019 Page 3 Code has an animal ordinance and any business regarding animals will be worked into the annexation agreement at the City Council level. Director of Economic Development Martin stated Staff recommends approval of a Zoning Map Amendment from E Estate to A-1 Agriculture upon annexation to the City of McHenry with no conditions placed on the requested zoning map amendment and Staff finds that the requirements in Table 33 (Zoning Map Amendments) of the Zoning Ordinance have been met; and Staff also recommends approval of a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage with the condition the applicant enter into an annexation agreement with the City, and Staff finds the requirements in Table 31 (Conditional Use Permits) of the Zoning Ordinance have been met. Chairman Strach invited questions and/or conmrents from the Commission. Commissioner Thacker inquired about the animals brought to the Farm in the fall and the Harms stated they are only brought in for 5 weeks or so, there are no animals on the farm year-round. Chairman Strach opened the floor to questions and comments from the audience. Mr. Mike Bartolone, 4809 Crystal Lake Rd., McHemy,1L asked what the impact on his property right next door to Harms Farm will be, since they purchased a lot right next to him, such as a privacy fence or barrier. Attorney Cuda stated the lot in question is the southern -most lot in the petition and has been used by the Harms for the past 26 years even though they did not own it. Attorney Cuda stated there is a 60' right of way (Kelter Sheet) and there are no plans for a fence at this time because nothing is changing fiom the past 26 years. Mr. Bartolone questioned whether there would be any forced impact on them or their property. Chairman Strach stated the property use is contiguous and in the same use since 1980 and nothing is proposed to be changed or forced after the annexation. Basia Herron, 4719 Crystal Lake Rd., McHemy, IL stated she lives on the north side of the property and asked if sewer and water hookup would be mandated on adjoining properties. Chairman Strach stated the annexation goes through City Council and adjoining properties are not being mandated to hookup to sewer and water or annex. Chairman Strach closed the public comment portion of the hearing at 8:01 pm. There were no fiuther questions or comments from the Commissioners. Motion by Thacker seconded by Lehman to reconunend to the City Council with regard to File No. Z-953, approval of an application for a Zoning Map Amendment from E Estate to A-1 Agriculture upon annexation to the City of McHenry with no conditions placed on the requested zoning map amendment and Staff finds that the requirements in Table 33 (Zoning Map Amendments) of the Zoning Ordinance have been met. Voting Aye: Gorda, Lehman, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Planning and Zoning Commission August 21, 2019 Page 4 Absent: Doherty. Motion carried 6-0 Motion by Thacker seconded by Gurda to recommend to the City Council with regard to File No. Z-953, approval of an application for a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage with the condition the applicant enter into an annexation agreement with the City, and Staff finds the requirements in Table 31 (Conditional Use Permits) of the Zoning Ordinance have been met. Voting Aye: Gurda, Lelunan, 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-953 at 7:55 pm. Staff Report Director Martin stated that the September 18, 2019 regularly scheduled meeting will be held at 7:30 p.m. and there will be a couple of cases heard. Adjonrnment Motion by Lelunan seconded by Sobotta to adjourn the meeting at 7:56 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 7:56 p.m. Respectfirlly submitted, Shawn Strach, Chairman City of McHenry Planning & Zoning Commission PLANNING AND ZONING COMMISSION STAFF REPORT Z- 955 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 Applicant City of McHenry 333 S Green Street McHenry IL 60050 Requested Actions 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 Background 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-cigarette use (see attached articles). On February 18, 2019 (see attached minutes) the City Council discussed vape shops and the health risks associated with vaping. They talked about e-cigarettes being readily accessible at vape shops but also at other stores including fueling centers, convenience stores and grocery stores. There are five vape stores in the City of McHenry and numerous stores which sell vaping products as accessory uses. Staff Analysis Following the City Council discussion Attorney MCArdle recommended a moratorium be placed on vape shops until more research could be conducted. Subsequently, 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. Attached is a proposed text amendment to the City of McHenry Zoning Ordinance which regulates vape storesI 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. Staff Recommendation Prior to Public Hearing 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. PLANNING AND ZONING COMMISSION STAFF REPORT Z- 955 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 Attachments: "With vaping-related illnesses reported in area, Illinois Attorney General urges people to avoid a-cigs" "Mystery lung illness linked to vaping. Health officials investigating nearly 100 possible cases." "Bethalto police report big vaping problem at Civic Memorial High School, ask for parents' help" February 18, 2019 City Council meeting minutes Proposed Ordinance Amending the Text of Article III General District Regulations, Article V Commercial Districts and Article XIX Definitions of the City of McHenry Zoning Ordinance regarding Vaping Establishments f] In observance of the labVI ®ay, huliday, the NOrthuuest JeraiI©t be published September 2. Breaking news and information will be updated on NWHerald.com. COPD and Still Can't Breathe? Take a Short Severity Quiz N IOCAI R- MyLu iois Attov oy Ck,)Uivr ,i0 �jjv,(,(v � [i) of � �f�0 r K�� vo) gigs Ray, ,rIYIV RVlEi314! Iht.1MO0S © 10:55 a1r1 hops:(/www.nwheralcl.com/201g/Ofl/31 /viilh-vaping-related-illne...illinois-attorney-general-urges-people-to-avoid-e-cigs/a©dry47/ 8/37/19, 8:14 PM Page 1 0l 12 Harms Farm iL�qrqwl People around the area have reported severe respiratory and other problems after using e-cigarette and vape products, and Illinois Attorney General Kwame of ONLINE NEWSPAPER (� LOG IN • NORTHWEST HERALD 8 Is after e-cigarette or vape use, ice. The release cites the Illinois Department of Public Health. Cases involve individuals between the ages of 17 and 38 and have resulted in one fatality. I UL11M MAN CA' M)I�ITAL A��iSS Access nwherald.com and all Shaw Media Illinois content from all your digital devices and hops://v�lvvl.nv�herald.corn/2019/OS/31/•,vith-vapiny-related-illde...illinois-attorney-general-urges-people- to- avoid -e-ciys/a8tlry47( 6/31/19, 8:14 NA Page 3 of 12 1 VIIGG VII IGGI J a IVIVb11G1 PlR/MIIMVII GMM• I IIGII 1111.) I161 r./'JGIIGM Casinos Hate When You Do This, But This Is Not Cheating Weekly Penny Mini Air Cononer Takes USA By Storm. The Idea Is Genius Zen cooler The Cost of Stairlifts in Mchenry Might Surprise You ,i,rliIli, Illinois Drivers With No Tickets In 3 Years Should Do This On September coolp,lrisons.oig 7 Symptoms of Cancer You Might Not Have Heard Of hltlls'://v��ve�.nwherald.corn/2919/08/31/erith-vapiny-related-illne...itlinois-attorney-yenerel-urges-ueople-to-avoid-e-ciys(aIIdrg47/ 8/31/19, II:14 PM Page 5 of 12 The Bears Preview includes everything you'll want on the 2019 season: player bios, news, schedule, stats and stories. ORDER NOW hitps://vnvw.nv�herald.com/2019(O8/31/wilh-vaping-related-illne...Illinois-attorney-yeneral-urges-people-to-avoid-e-cigs/a8dry47/ 8J31/19, 8:1A PM Page 7 of 12 N.0CAL COMMUNITY CALENDAR soh Minefaire Schaumburg Convent.., Schaumburg, IL Qua MYSTIC 31 Lakeside LegacyAr... I Crystal Lake, IL nuG Disney's Freaky Friday 31 Raue Center forth... I Crystal Lake, IL AUG McHenry East &West Class ��'�E� e������i®�a 31 Holiday Inn I Crystal Lake, IL auG Street Dance 31 Main Street Waucon.., I Wauconda, IL ,�Il�,y SAT SUN MDN TUE WED THU ® 31 1 2 3 4 5 Ct See all events +Add your event ULI Imp" 'It uAki rWrl hops:/lvnyw.nwherald.com/2019/GB(31/wish-vapinc7-related-iline...illinois-attorney-general-urges-people-to-avoid-e-ci9s/aedr947/ a/31/19, a: to PM Page 9 of 12 (-) NFL (—] Youth ❑ Canadian VO I Letter: What God wants SHOW RESULTS N� '' W ,�`ii'�I,ii �� ►�'IC ti'Oove 01! yowl? Letter: Why bad things happen Letter: Hypocrisy Letter: Stuff the Stocking for Zach Letter: Smiley face Letter: The reason for townships Letter: Honesty in politics Letter: County politics not working Letter: Despite all my rage Letter: The Illinois Constitution hltps://vnvw.nwherald.corn/2019/08/31(voith-vaping-related-illne...illinois-attorney-.yeneral-urges-people-to-avoid-e-cigs/at3drg47/ 8/31/79, 6:14 PPA Page 11 of 12 The Washington Post I Wait[] Mystery lung illness linked to vaping. Health officials investigating nearly 100 possible cases. By Lena H. Sun and Lindsey Bever August 16 State and federal health officials are investigating almost 10o cases of mysterious lung illnesses linked to vaping and e-cigarette use in 14 states, many of them involving teens and young adults. A large number of those stricken ill have been hospitalized, with some in intensive care and on ventilators. At least 31 cases have been confirmed as of Friday, state officials said, and dozens more are under investigation. Medical authorities say it is unclear whether patients will fully recover. Officials are warning clinicians and the public to be on alert for what they describe as a severe and potentially dangerous lung injury. Symptoms include difficulty breathing, shortness of breath or chest pain before hospitalization. Health officials said patients have also reported fever, cough, vomiting and diarrhea. The Centers for Disease Control and Prevention said Friday that officials are working with health departments in at least five states with confirmed cases — California, Illinois, Indiana, Minnesota and Wisconsin — to determine the cause of the condition after "a cluster of pulmonary illnesses linked to e-cigarette use" was reported among adolescents and young adults in recent weeks. In a call Friday with state health authorities, CDC officials said they were probing 94 possible cases in 14 states. To date, thet•e is no consistent evidence that an infectious disease is the culprit, CDC la • i • oaten Now cials said they mselves, or with specific ingredients or contaminants inhaled through them. Health officials have said patients have described vaping a variety of substances, including nicotine, marijuana -based hitps://�'+�'��'��'�ashinytonposf.cum/health/2D19/OII/16/rnyster�/-lu...alth -off icials-invesIigalirig -near ly-posslhle-casesl'no red ire ct=on 6/31/19, 9:16 PM Page 1 of 6 injury. When the patients were treated with steroids, among other therapies, they showed improvement. Clinicians don't now whether the patients will suffer long-term consequences, she said. "These cases are extremely complex to diagnose, as symptoms can mimic a common infection yet can lead to severe complications and extended hospitalization," Chapman said. "Medical attention is essential. Respiratory conditions can continue to decline without proper treatment." E-cigarettes are a diverse group of products containing a heating element that produces an aerosol from a liquid that users can inhale via a mouthpiece. Millions of Americans use e- cigar•ettes, with the greatest use among young adults. In 2o18, more than 3.6 million U.S. middle and high school students said they had used e-cigarettes in the past 3o days, according to the CDC. A National Academies of Sciences, Engineering and Medicine report in January 2018 found that while evidence suggests that e-cigarettes are likely to be less harmful than conventional cigarettes, which produce a raft of toxic substances when burned, they still pose health risks. Among nonsmoking adolescents and young adults, the report said, "their adverse effects clearly warrant concern." Such effects include "moderate evidence for increased cough and wheeze" and increased incidence of asthma attacks. But many medical authorities believe there still isn't sufficient data to know their full effects, especially on young people. Dylan Nelson, of Burlington, Wis., who has asthma and has been vaping for about a year•, was hospitalized with pneumonia as month after he started having trouble breathing. The 26- year-old described feeling as if he were breathing through a straw. He said he was coughing, his heart was racing, and his breathing was hard and fast. hops: /)www.washingtonposl.cam/health/2019/O6/16/rnysfery-lu...alth-officials-invesligatiny-nearly-possihie-cases/?noredirect=on 8/31/19, 9:16 PM Page 3 of 6 I think it's important to understand that vaping is assumed to be safe, and yet we know so little about it," she said. Read more: FDA plans curbs on e-cigarette sales over concerns about surge in teen vaping Mare states are targeting teen vaping, but health advocates say its not enough to curb use In the `Juul room': E-cigarettes spawn a form of teen addiction that worries doctors, parents and schools Lena H. Sun Lena H. Sun is a national reporter for The Washington Post covering health with a special focus on public health and infectious disease. A longtime reporter at The Post, she has covered the Metro transit system, immigration, education and was a Beijing bureau chief. Follow V Lindsey Bever Lindsey Bever is a general assignment reporter for The Washington Post, covering national news with an emphasis on health. She was previously a reporter at the Dallas Morning News, Follow V Mips://�•��v�v.washine7tonpost.com/health/2019/08/1fi(mystery-lu._aith-officials.-investigating-nearly-possiGle-cases/?noredirec[=on II/31/19, 9:16 PM Paye 5 of G !'ii'ii�cu.wu https://www.thetelegraph,com/news/article/Bethalto-police-report-big-vaping-problem-at-14396515.php Bethalto police report big vaping problem at Civic Memorial High School, ask for parents' help Nathan Woodside, nathanmoodside@hearst.Com Updated 11:06 pm CDT, Wednesday, August 40, 2019 BETHALTO —Civic Memorial High School's resource officer Brock Cato on Wednesday night reported that, only 10 days into the new school year, vaping devices containing nicotine on school grounds have been an issue. He says that nine students have already been found to be in possession of the products, banned on school property. At the request of school administrators he's written those students up on village ordinance violations, requiring them to appear in court before a judge. htt�5://1VlYt'1.�hetelegraph.coinfnet�sJai licl�j[3etYiall�-police-reNor�-hig-vapiny-�irebleinal-1�13'JGv I1j.��l (5131/IA, J-0I ViA Va<�e 1 0l 3 within Madison and St. Clair counties, alone. © 2019 Hearst Communications, Inc. �litARS i X hops://vrww.theteleyraph.com/nexvsfarticle/Bethallo-police-report-big-vapiny-preble,n-a1-14396515.php 8/3�/79, 9:01 PM Paye 3 of 3 City Council Meeling Minutes February 18, 2019 Page 4 Mayor Jett also agreed that partnering with the County eliminates any political Interference in the process. Alderman Glab and Alderman and were also comfortable with the Coumy's role as the Ethics Commission. Attorney McArdle stated he will continue to work with the State Attorney with regards to this matter. Discussion Only items; Video Gamtng Mayor Jett reported that he placed this matter on the agenda to collectively discuss with the Council Members their current vision with respect to video gaming. Alderman Curry commented on the fact that he struggles with the idea of allowing any additional video gaming establishments. However, he realizes the gaming terminals provides the City with an additional revenue stream. He continued on to report that the City ranks 131h in the State with respect to the amount of video gaming terminals. In comparison, the City's population ranks only 80th in the State, Attorney McArdle commented on the method in which the Council Members could resolve this challenging topic. He suggested the Council Members first define what a gaming parlor is. He suggested they could use measurements such.as floor space square footage, dining income or the establishment offering a full service kitchen. He continued on to note that the video gaming license is directly tied to the Issuance of a Class A or B liquor license which is only issued at the discretion of the full City Council. A lengthy discussion ensued with respect to ways in which to restrict video gaming. Mayor Jett asked if anyone In attendance wished to comment on the matter under discussion. Mr. Joe Dougherty approached the podium. Mr. Dougherty reported that in his opinion video gaming revenues could have a positive impact on the community and be used to fund roadway repairs and improve the Clty's Infrastructure. In addition, he noted that It is getting harder and harder to get people to patronize brick and mortar establishments. Video gaming does incentive some people to patronize various establishments. Mr. Dougherty thanked the Council Members for their time. This matter will be discussed again at an upcoming City Council meeting, VapeShops MayorJett reported that he placed this matter on the agenda due to the fact that there are more and more vape shops popping tip all the time. He wanted to discuss this matter will the full citycouncil Meeting Minutes February 18, 2019 Page 5 Council to get a consensus on what the vision is for the community at large with respect to vape shops. Alderwoman Condon discussed the health risk associated with vaping. Alderman Schaefer commented on the fact that e-cigarettes and vaping supplies are readily assessable. He reported that you can purchase them at gas stations, convenient stores, and vape shops. Chief Birk reported that his department is currently in the process of conducting educational sessions at both the Middle and High Schools. He hopes by offering these types of educational sessions it will deter minors' from using e-cigarettes and vaping, Attorney McArdle suggested the Council Members consider placing a moratorium on vape shops until more research can be completed. The Council Members concurred with Attorney McArdle's recommendation. Mayor Jett asked those In attendance if they had any comments on the matter that was currently under discussion. Those In attendance offered no comments. Attorney McArdle reported that he will draft an Ordinance placing a moratorium on vape shops for Council consideration at an upcoming City Council Meeting, Staff Reports: Chief Birk reported that two Officers in two separate squad cars were recently involved in two traffic accidents. He was pleased to report that there were no injuries. Mayor and City Council Comments: Mayorlett apologized for a recent incident Involving his Constant Contact account. Executive Session: Motion to enter into Executive Session to discuss Collective Bargaining Matters as permitted by 5 ILCS 120/2 (c) (2). Mayor Jett stated at this time he would entertain a motion to enter into executive session to discuss collective bargaining matters as permitted by 5 ILCS 120/2 (C) (2) with no action to follow. A Motion was made by Alderman Santl and seconded by Alderman Curry to enter Into executive session to discuss collective barsaintna matters as permitted by 5 ILCS 120/2 (cl 121 with no action to follow. Roll call: Vote: 7-ayes: Alderman Sant!, Alderman Curry, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine and Alderwoman Condon. 0-nays, 0- abstained. Motion carried. The Council Members along with Attorney McArdle, Chief Birk and Deputy Clerk Meadows entered into executive session 8;26 p.m. PROPOSED ORDINANCE AMENDING THE TEXT OF ARTICLE III GENERAL DISTRICT REGULATIONS, ARTICLE V COMMERCIAL DISTRICTS AND ARTICLE XIX DEFINITIONS OF THE CITY OF MCHENRY ZONING ORDINANCE REGARDING VAPING ESTABLISHMENTS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipalityas 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 A Illinois; WHEREAS, the City Council of the City of McHenry has determined that is in the best interest of the City to amend the current Zoning Ordinance regulations relating to vaping stores and to clarify that such uses include establishments that sell alternative nicotine products as set forth in this Ordinance (the "Proposed Amendments"); WHEREAS, a petition has been filed by the City Council of the City of McHenry requesting a Zoning Text Amendment to the Zoning Ordinance; WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on September 18, 2019 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 Zoning Text Amendment; 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 Text Amendment 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. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The foregoing recitals are incorporated into this Ordinance as if fully set forth in this section. SECTION 2: Article XIX Definitions of the City of McHenry Zoning Ordinance is hereby amended by adding thereto the following definitions: Vape Store: Retail establishment which specializes (25% or more of its shelf space inventory) in the sale of electronic and/or e-cigarette items, products and/or paraphernalia." Vaping Product: Any item and/or paraphernalia used for vaping and/or utilized for electronic and/or e-cigarettes. Vaping: Inhaling vapor which is produced by either a vaporizer or electronic cigarette. Electronic Cigarette/E-Cigarette: A battery -operated device designed to resemble a traditional cigarette used to inhale nicotine vapor; a device that aerosolizes nicotine for inhalation but does not burn tobacco. SECTION 3: Article III of the City of McHenry Zoning Ordinance is Hereby Amended to add a new subsection R as follows: R. Vape Stores and Accessory Use of Vaping Products. 1. Principal Use: Vape Stores may be established as a principal use only in the C-5 Highway Commercial Zoning District as specified by this Ordinance after obtaining a tobacco license. z 2. Accessory Use Vaping Products also may be sold as an accessory use in all commercial zoning districts so long as a) the vaping products display and storage utilize less than two (2) percent of the gross floor area of the authorized principal structure or two -hundred (200) square feet, whichever is less; (b) they are customarily and traditionally incidental to the principal use, such as in the case of a grocery store, convenience store, or similar retail use; and (c) a tobacco license is obtained prior to the sale and/or distribution of any vaping products. 3. The minimum distance between any two vape stores shall be one thousand (1,000) feet, as measured from front door to front door. 4. The minimum distance any vape store and any lot, premises or building used primarily as a school, child care facility or for the education or recreation of children under 18 years of age shall be one thousand (1,000) feet, as measured from the front door to the front door. SECTION 4: That Article V Commercial Districts Group N: Additional Permitted Uses in C-5 District is hereby amended by adding thereto the following language: "Nape Stores" SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 3 PASSED THIS DAY OF 2019 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF __ , 2019 MAYOR ATTEST: CITY CLERK