HomeMy WebLinkAboutPacket - 09/24/2019 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
SPECIAL MEETING NOTICE
DATE: Wednesday, September 24, 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. Pled¢e of Alleeiance
3. Roll Call
4. Public Input— (five minutes total on non -agenda items only)
5. Z-956 Public Hearin¢ —Text amendment to the City of McHenry Zoning Ordinance
pertaining to Adult -Use Cannabis,
Applicant: City of McHenry.
Requested Action: Text amendment to the City of McHenry Zoning Ordinance including
but not limited to: Article III General District Regulations, Article V Commercial Districts,
Article VI Office, Industrial, Business Park, Agricultural and Mining Overlay and Health
Care Districts, Article VII Off -Street Parking and Loading, Article XIX Definitions of the
City of McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of McHenry
Municipal Code pertaining to Adult -Use Cannabis.
6. 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.
PLANNING AND ZONING COMMISSION STAFF REPORT Z-
956: TEXT AMENDMENTS TO THE CITY OF MCHENRY
ZONING ORDINANCE: AN ORDINANCE AMENDING ARTICLE
III GENERAL DISTRICT REGULATIONS, ARTICLE V
COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL,
BUSINESS PARK, AGRICULTURAL AND MINING OVERLAY
AND HEALTH CARE DISTRICTS, ARTICLE VII OFF-STREET
PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF THE
CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50
SIGNS OF THE CITY OF MCHENRY MUNICIPAL CODE
PERTAINING TO ADULT USE CANNABIS
Applicant
City of McHenry
333 S Green Street
McHenry IL 60050
Requested Actions
Text amendments to the City of McHenry Zoning Ordinance including but not limited to: Article III
General District Regulations, Article V Commercial Districts, Article VI Office, Industrial, Business Park,
Agricultural and Mining Overlay and Health Care Districts, Article VII Off -Street Parking and Loading,
Article XIX Definitions of the City of McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of
McHenry Municipal Code pertaining to Adult -Use Cannabis.
Background
During the last legislative session of the Illinois General Assembly House Bill 1438 (Cannabis Regulation
and Tax Act) was passed, legalizing the recreational use of Cannabis in Illinois. Since this passage the
Governor signed the bill into law, which takes effect on January 1, 2020. Imbedded in the preamble of
the Act the State makes a clear statement advising that the regulation of recreational cannabis is a state
matter preempting home rule bodies of government such as McHenry from instituting local ordinances
that are stricter. The Act does however offer each municipal body of government the opportunity to
either prohibit or restrict cannabis businesses within their community. The City Council discussed this
topic at their September 3, 2019 meeting (minutes attached). The consensus of the Council was to allow
one or two dispensaries in town. Security, signage, location and zoning were primary focuses of the
Council.
Staff Analysis
Staff prepared the attached ordinance which would allow adult -use cannabis dispensaries as conditional
uses in 1-1, BP and C-5 zoning districts with location restrictions from other dispensaries (required by
law) and 1,000 feet from schools. On -site consumption is prohibited and a maximum of two is permitted
in the City. A signage plan is required with each conditional use permit.
1
PLANNING AND ZONING COMMISSION STAFF REPORT Z=
956: TEXT AMENDMENTS TO THE CITY OF MCHENRY
ZONING ORDINANCE: AN ORDINANCE AMENDING ARTICLE
III GENERAL DISTRICT REGULATIONS, ARTICLE V
COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL,
BUSINESS PARK, AGRICULTURAL AND MINING OVERLAY
AND HEALTH CARE DISTRICTS, ARTICLE VII OFF=STREET
PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF THE
CITY OF MCHENRYZONING ORDINANCE AND CHAPTER 7.50
SIGNS OF THE CITY OF MCHENRY MUNICIPAL CODE
PERTAINING TO ADULT USE CANNABIS
Over the course of July and August Staff met as an informal committee multiple times to review the law,
collect information, and discuss the benefits, risks and concerns associated with cannabis businesses in
McHenry. The following information is provided to use as points of discussion on this topic:
What are other McHenry County municipalities doing?
Crystal lake: Council has referred the matter to their Planning & Zoning Commission for further
consideration. They will be meeting on September Wh. No final decision has been made as of yet.
Woodstock: Council has made no formal decision but are leaning toward allowing dispensaries with
restrictions. Reviewing the possibility of a discussion meeting sometime in September.
Lake in the Hills: Discussion / Information Meeting conducted on 8/22. No decision was made final but
LITH is looking to allow dispensaries with regulations. They are also leaning at only a 2% sale tax.
Cary: On 8/20 the Board discussed the topic. Although no decision has been finalized they appear to be
leaning toward allowing dispensaries with the restriction focused on industrial parks only.
Benefits:
Sales Tax Revenue: McHenry may impose a sales tax of an additional 376, which is in addition to the 176
McHenry will already receive from .the State as part of its regular sales tax as well as its .75% the City
receives in home rule sales tax.
Financial Implications: While it is somewhat difficult to predict the revenue which would be generated
from a recreational cannabis dispensary, staff has gathered some information. In speaking with the
Community Development Director from the Village of Addison, which is most likely going to prohibit
recreational cannabis but does have medical cannabis within its corporate limits, they utilized numbers
from the medical cannabis facility. This facility generates approximately $20,000,000 annually which
equates to $600,000/year at a 3% tax rate or the additional rate which can be imposed on recreational
cannabis.
The Village of Lombard estimated revenue based on a couple of sources. One of these is what the State
of Colorado receives from its sales from recreational cannabis. This number equates to approximately
$401,000/dispensary in the State of Illinois. This does not include regular or home rule sales tax.
Additionally, they considered a report from the Illinois Policy Institute which estimated statewide sales
2
PLANNING AND ZONING COMMISSION STAFF REPORT Z-
956: TEXT AMENDMENTS TO THE CITY OF MCHENRY
ZONING ORDINANCE: AN ORDINANCE AMENDING ARTICLE
III GENERAL DISTRICT REGULATIONS, ARTICLE V
COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL,
BUSINESS PARK, AGRICULTURAL AND MINING OVERLAY
AND HEALTH CARE DISTRICTS, ARTICLE VII OFF=STREET
PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF THE
CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50
SIGNS OF THE CITY OF MCHENRY MUNICIPAL CODE
PERTAINING TO ADULT USE CANNABIS
divided by the number of dispensaries and arrived at a total estimate of $262,000/dispensary not
including regular or home rule sales tax.
The Village of Woodridge utilized two methods to calculate potential revenues. Both were revenue
estimate calculations.
Method 1: Revenue Per Store Estimate; This method uses Colorado's 15%retail sales tax total for 2018
and distributes it evenly amongst their 571 retail locations. This equates to annual sales per store of
$2.1M. Local taxes are then applied, assuming the Village were to pass a 3% Cannabis Sales Tax in
addition to current sales taxes. Under this method, the potential revenue for the Village of Woodridge
per retail location is approximately $100,000.
Method 2: Revenues Using Population: This method uses Colorado's total retail sales for 2018 and
divides it by their population to determine their sales per capita. Their per capita rate is then applied to
Illinois' population to determine estimated retail sales in Illinois. This amount is then divided equally
among the projected number of dispensaries in Illinois in 2021 to determine retail sales per dispensary.
Their local taxes are then applied. Under this method, the potential revenue for the Village per retail
location is approximately $436,000,
In conclusion, population density surely will be a factor and these facilities will also be somewhat of a
destinationI That being said a dispensary will generate more per square foot than a typical retail store.
The exact dollar amount cannot be specifically calculated however with an exact degree of certainty.
Other variables include: Region; location within the municipality due to zoning and site availability; the
store's business model, marketing, and product and the number of locations within a certain radius of
the Village.
Risks:
1. Increase in Criminal Activity:
2. Traffic Safety:
3. School/ youth Safety:
4. Adverse Health Effects on Community Residents:
K3
PLANNING AND ZONING COMMISSION STAFF REPORT Z=
956: TEXT AMENDMENTS TO THE CITY OF MCHENRY
ZONING ORDINANCE: AN ORDINANCE AMENDING ARTICLE
III GENERAL DISTRICT REGULATIONS, ARTICLE V
COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL,
BUSINESS PARK, AGRICULTURAL AND MINING OVERLAY
AND HEALTH CARE DISTRICTS, ARTICLE VII OFF-STREET
PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF THE
CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50
SIGNS OF THE CITY OF MCHENRY MUNICIPAL CODE
PERTAINING TO ADULT USE CANNABIS
Concerns:
1. Community's Positive Image
2. Increased cost to City to manage businesses and Police to mitigate the risks
What does great McHenry County area have thus far?
There are currently no medical cannabis dispensaries in McHenry County. The following communities
outside of McHenry County currently have at least one medical cannabis dispensary located within their
corporate limits:
• Addison
• Arlington Heights
• Buffalo Grove
• Deerfield
• Elmwood Park
• Evanston
• Highland Park
• Homewood
• Joliet
• Mokena
• Mount Prospect
• Mundelein
• Naperville
• North Aurora
• Oak Park
• Rolling Meadows
• Romeoville
• St. Charles
(Published by Holland & Knight , 2019): First, and most importantly, a municipality may "prohibit or
significantly limit" the location of cannabis businesses by ordinance. It is expected that this provision will
be interpreted to allow municipalities to impose a generally applicable prohibition on recreational
PLANNING AND ZONING COMMISSION STAFF REPORT Z-
956: TEXT AMENDMENTS TO THE CITY OF MCHENRY
ZONING ORDINANCE: AN ORDINANCE AMENDING ARTICLE
III GENERAL DISTRICT REGULATIONS, ARTICLE V
COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL,
BUSINESS PARK, AGRICULTURAL AND MINING OVERLAY
AND HEALTH CARE DISTRICTS, ARTICLE VII OFF=STREET
PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF THE
CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50
SIGNS OF THE CITY OF MCHENRY MUNICIPAL CODE
PERTAINING TO ADULT USE CANNABIS
cannabis businesses from locating in any zoning district. This authority includes the ability to allow
certain classes of cannabis businesses (e.g., cultivation centers or processors) while prohibiting others
(e.g., dispensaries).
If a municipality chooses to permit cannabis businesses to locate and operate within its borders, it may
also enact reasonable zoning regulations that are not in conflict with the Act. This authority would
include permitting cannabis businesses to locate in certain zoning districts but not others, and imposing
generally applicable off-street parking requirements.
Further, the
Act explicitly authorizes municipalities to impose limits on the "time,
place, manner, and
number" of
cannabis business by requiring the businesses
to obtain conditional or
special use permits.
These limits
must be reasonable and may not conflict with
the requirements of the
Act.
Although requiring cannabis businesses to obtain a conditional or special use permit will be useful to
local zoning authorities, determining whether a local restriction conflicts with the Act may be more
difficult than the drafters anticipated. For instance, the Act allows dispensaries to operate between 6
a.m. and 10 p.m. It is uncertain whether a municipality would be allowed to require shorter hours of
operation as a condition of issuing a conditional use permit for a dispensary. Similar questions arise with
regard to separation requirements. The Act prohibits new dispensaries from locating within 1,500 feet
of another dispensary. Whether a municipality could require a greater separation distance is not clear.
Finally, the ability to limit the "number" of cannabis businesses through a conditional use permit process
raises the question of whether a municipality could impose a hard numerical cap on the number of
conditional use permits the municipality would be willing to issue.
Business Licensing (Published by Holland &Knight, 20191
Although licensing of cannabis businesses will be the exclusive domain of state agencies such as the
Department of Agriculture (cultivation centers, processors, infusers, transporters, and craft growers) and
the IDFPR (dispensaries), local governments may still enforce generally applicable business registration
requirements for cannabis businesses and conduct inspections of premises to ensure compliance with
local building codes.
5
PLANNING AND ZONING COMMISSION STAFF REPORT Z-
956: TEXT AMENDMENTS TO THE CITY OF MCHENRY
ZONING ORDINANCE: AN ORDINANCE AMENDING ARTICLE
III GENERAL DISTRICT REGULATIONS, ARTICLE V
COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL,
BUSINESS PARK, AGRICULTURAL AND MINING OVERLAY
AND HEALTH CARE DISTRICTS, ARTICLE VII OFF-STREET
PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF THE
CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50
SIGNS OF THE CITY OF MCHENRY MUNICIPAL CODE
PERTAINING TO ADULT USE CANNABIS
One area in which municipalities appearto have been granted broad regulatory authority is on -premises
consumption. Early versions of the Act only allowed for consumption of cannabis in private residences,
but the final version allows for on -premises consumption of recreational cannabis in a licensed cannabis
business, subject to local permission and regulation. Bill author and principal sponsor Rep. Kelly Cassidy
clarified that this would permit smoking lounges as accessory uses to dispensaries, but the decision of
whether, and to what extent, to allow them would be left to local governments.
If a municipality chooses to allow on -premises consumption through the grant of a local license or
permit, it is expected that the municipality could impose significant restrictions on the location, security,
and environment in which such consumption would occur. Requiring cannabis dispensaries to obtain a
local "on -premises consumption" license will also provide municipalities with a legitimate justification to
periodically inspect the licensed premises to ensure compliance with local regulations.
Staff Recommendation Prior to Public Hearing
Approval of text amendments to the City of McHenry Zoning Ordinance including but not limited to:
Article III General District Regulations, Article V Commercial Districts, Article VI Office, Industrial,
Business Park, Agricultural and Mining Overlay and Health Care Districts, Article VII Off -Street Parking
and Loading, Article XIX Definitions of the City of McHenry Zoning Ordinance and Chapter 7.50 Signs of
the City of McHenry Municipal Code pertaining to Adult -Use Cannabis.
Attachments: An Ordinance approving Text amendments to the City of McHenry Zoning Ordinance
including but not limited to: Article III General District Regulations, Article V Commercial Districts,
Article VI Office, Industrial, Business Park, Agricultural and Mining Overlay and Health Care Districts,
Article VII Off -Street Parking and Loading, Article XIX Definitions of the City of McHenry Zoning
Ordinance and Chapter 7.50 Signs of the City of McHenry Municipal Code pertaining to Adult -Use
Cannabis.
City Council Meeting Minutes dated September 3, 2019
0
AN ORDINANCE AMENDING ARTICLE III GENERAL DISTRICT REGULATIONS,
ARTICLE V COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL, BUSINESS
PARK, AGRICULTURAL AND MINING OVERLAY AND HEALTH CARE DISTRICTS,
ARTICLE VII OFF-STREET PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF
THE CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50 SIGNS OF THE
CITY OF MCHENRY MUNICIPAL CODE PERTAINING TO ADULT USE CANNABIS
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, the City Council of the City of McHenry has determined that it is in the best
interest of the City to amend the current Zoning Ordinance and Municipal Code regulations
relating to adult -use cannabis; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which
pertains to the possession, use, cultivation, transportation and dispensing of adult -use cannabis,
which became effective June 25, 2019; and
WHEREAS, pursuant to the Act, the City may enact reasonable zoning ordinances or
resolutions not in conflict with the Act, regulating cannabis business establishments, including
rules adopted governing the time, place, manner and number of cannabis business
establishments, and minimum distance limitations between cannabis business establishments
and locations the City deems sensitive; and
WHEREAS, a petition has been filed by the City of McHenry requesting a Zoning Text
Amendment to the Zoning Ordinance as well as amendments to the City's Municipal Code; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 24, 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 Amendments; 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
Amendments are 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: The foregoing recitals are incorporated into this Ordinance as if fully set forth
in this section.
SECTION 2: It is the intent and purpose of this Section to provide regulations regarding
the cultivation, processing and dispensing of adult -use cannabis occurring within the corporate
limits of the City of McHenry. Such facilities shall comply with all regulations provided in the
Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time -to -time,
and regulations promulgated thereunder, and the regulations provided below. In the event that
the Act is amended, the more restrictive of the state or local regulations shall apply.
SECTION 3: That Article XIX Definitions ofthe Cityof McHenry Zoning Ordinance is hereby
amended by adding thereto the following language:
"ADULT -USE CANNABIS BUSINESS ESTABLISHMENT:
An adult -use cannabis cultivation center, craft grower, processing organization,
infuser organization, dispensing organization or transporting organization.
ADULT -USE CANNABIS DISPENSING ORGANIZATION:
A facility operated by an organization or business that is licensed by the Illinois
Department of Financial and Professional Regulation to acquire cannabis from licensed
cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis -
infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to
qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation
and Tax Act, (P.A. 101-0027), as it may be amended from time -to -time, and regulations
promulgated thereunder.
ADULT -USE CANNABIS CRAFT GROWER:
A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture to cultivate, dry, cure and package cannabis and perform other
necessary activities to make cannabis available for sale at a dispensing organization or use at
a processing organization, perthe Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may
be amended from time -to -time, and regulations promulgated thereunder.
ADULT -USE CANNABIS INFUSER ORGANIZATION OR INFUSER:
A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a
productformulation to produce a cannabis -infused product, perthe Cannabis Regulation and
Tax Act, (P.A. 101-0027), as it may be amended from time -to -time, and regulations
promulgated thereunder.
ADULT -USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR:
A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture to either extract constituent chemicals or compounds to produce
cannabis concentrate or incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A.
101-0027), as it may be amended from time -to -time, and regulations promulgated
thereunder.
ADULT -USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER:
An organization or business that is licensed by the Illinois Department of Agriculture to
transport cannabis on behalf of a cannabis business establishment or a community college
licensed under the Community College Cannabis Vocational Training Pilot Program, per the
Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from timeAoAime, and
regulations promulgated thereunder."
SECTION 4: Conditional Use: Adult -Use Cannabis Business Establishment facilities, as
defined herein, require approval of a conditional use permit in the respective districts in which
they are requested and shall be processed in accordance with Article XIV of the City's Zoning
Ordinance.
SECTION 5: That Article III General District Regulations is hereby amended by adding
thereto the following language:
"R: Adult -Use Cannabis Business Establishments
1. Intent and Purpose: It is the intent and purpose of this Section to protect the
health, safety, welfare and morals of the citizens of the City by regulating the
cultivation, processing and dispensing of adult -use cannabis occurring within the
City. Such facilities shall comply with all regulations provided in the Cannabis
Regulation and Tax Act (P.A. 101-0027), as it may be amended from time -to -time,
and regulations promulgated thereunder, and the regulations provided below. In
the event that the Cannabis Regulation and Tax Act is amended, the more
restrictive of the state or local regulations shall apply.
2. General Standards:
• The minimum distance between any Adult -Use Cannabis Dispensing Organization
and the property line of a pre-existing Adult -Use Cannabis Dispensing
Organization shall be one thousand five hundred (1,500) feet.
• A Conditional Use Permit shall be required.
• The minimum distance between any Adult -Use Cannabis Dispensing Organization
and the property line of a pre-existing public or private nursery school, preschool,
primary or secondary school shall be one thousand (1,000) feet. Learning centers
and vocational/trade centers shall not be classified as public or private schools for
purposes of this Section.
• A maximum of two (2) Adult -Use Cannabis Dispensing Organizations shall be
permitted to be operating in the City at any one time.
• At least 75% of the floor area of any space occupied by an Adult -Use Cannabis
Dispensing Organization shall be devoted to the activities of the Adult -Use
Cannabis Dispensing Organization as authorized by the Cannabis Regulation and
Tax Act.
• The City may approve the co -location of an Adult -Use Cannabis Dispensing
Organization with an Adult -Use Cannabis Craft Grower Center or an Adult -Use
Cannabis Infuser Organization, or both, subject to the provisions of the Cannabis
Regulation and Tax Act and the Conditional Use criteria within the City's Zoning
Ordinance. In a co -location the co -located establishments shall be the sole use of
the space.
• An Adult -Use Cannabis Business Establishment may not conduct any sales or
distribution of cannabis other than as authorized by the Cannabis Regulation and
Tax Act.
• On -site consumption at any Adult -Use Cannabis Dispensing Organization of
cannabis and/or any product containing cannabis is prohibited.
• A petitioner for a Conditional Use Permit for an Adult -Use Cannabis Business
Establishment shall file an affidavit with the City affirming compliance with all
requirements of the Cannabis Regulation and Tax Act.
SECTION 6: That the City of McHenry Police Chief testified at the public hearing on
September 24, 2019 about concerns pertaining to public safety, specifically with people
patronizing an Adult -Use Cannabis Dispensing Organization and other persons within the
respective shopping center at the same time, concerns dealing with children, vehicles, and
distance from the roadway, making these areas more vulnerable to criminal activity than others
within the City where Adult -Use Dispensing Organizations are permitted and the City Council
determined to protect the public health, safety, morals and general welfare of its residents that
Adult -Use Cannabis Dispensing Organizations are prohibited north of McCullom Lake Road;
therefore, Article V Commercial Districts Group 0: Additional Conditional Uses in C-5 District is
hereby amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organizations- Adult -Use Cannabis Dispensing
Organizations and Adult -Use Cannabis Craft Grower are prohibited north of
McCullom Lake Road"
SECTION 7: That Article VI Office, Industrial, Business Park, Agriculture and Mining
Overlay and Health Care Districts Group U: Conditional Uses in 1-1 Industrial District: is hereby
amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organization; Adult -Use Cannabis Craft Grower; Adult -
Use Cannabis Infuser Organization or Infuser; Adult -Use Cannabis Processing Organization or
Processor; Adult -Use Cannabis Transporting Organization or Transporter"
SECTION 8: That Article VI Office, Industrial, Business Park, Agriculture and Mining
Overlay and Health Care Districts Group W: Conditional Uses in a Business Park District: is hereby
amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organization; Adult -Use Cannabis Craft Grower; Use Cannabis Cannabis Infuser Organization or Infuser; Adult -Use Cannabis Processing Organization or
Processor; Adult -Use Cannabis Transporting Organization or Transporter'
SECTION 9: That Article VIl Off -Street Parking and Loading is hereby amended by adding
thereto the following language to Table 13: Required Parking Spaces for Non -Residential and
Non -Lodging Uses with Adult -Use Cannabis Craft Grower, Adult -Use Cannabis Infuser
Organization or Infuser, Adult -Use Cannabis Processing Organization or Processor, and Adult -Use
Cannabis Transporting Organization orTransporter being subject to Note [j] of the Notes on Table
13, providing for the use of the employment standard or the floor space standard, whichever is
greater and if employment is not known when plans are drawn, floor space standard may be
used, but if upon occupancy the employment standard yields a greater number of required
spaces, the City Council may require the provision of additional parking before granting a
Certificate of Occupancy:
"Adult -Use Cannabis Dispensing Organization: 4.5 spaces/1,000 square feet floor
F
Adult -Use Cannabis Craft Grower; Adult -Use Cannabis Infuser Organization or Infuser;
Adult -Use Cannabis Processing Organization or Processor; Adult -Use Cannabis Transporting
Organization or Transporter: 1/employee or 1.5/1,000 square feet of floor area -use employment
or floor space standard [j]"
SECTION 10: That Chapter 7.50 Signs of the City of McHenry Municipal Code Section
7.50.2 General Provisions is hereby amended by adding thereto the following language:
"Adult -Use Cannabis Business Establishments: A signage plan shall be submitted
as part of the conditional use permit"
SECTION 11: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION
12: 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 13: 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 DAY OF , 2019
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF , 2019
ATTEST:
CITY CLERK
Z: �M�McHenryCityof�Ordinances�Cannabis.Zoning Ordinance v2 redline 09.11.19.docx
City of McHenry
City Council
9.3.19
Consent Agenda:
A Motion was made to approve the Following Consent Agenda Item A:
A.Ordinance Amending Chapter 12, Licenses and Permits Generally, Raffles;
A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve
Consent Agenda Item as present. Roll Call: Vote 5 Ayes: Alderman Santi, Alderman
Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devin, Alderwoman Miller:1 Nay,
Alderman Glab, 0-Abstained, Motion Carried.
A Motion was made to approve the following Consent Agenda Items B-H
B. Request to Advertise for Bids for the cleaning of the McHenry Recreation Center;
C. Resolution to Pursue a McHenry County Consolidated Law Enforcement Training
Facility;
D .Proposal from Gary W. Andersen Architects in the amount of $28,700 for architectural
services for the horse barn at the Petersen Farm;
E. Request from McHenry High School District 156, East Campus, to temporarily close
sections of John, Green, Main, Center and Kane and use of city services for traffic control
for Homecoming Parade on Monday, October 7"' at 6:OOpm;
F. Parks & Recreation Facilities & Special Use Permit Requests;
G .August 19, 201% City Council Meeting Minutes;
H. Issuance of Checks in the amount of $212,005.18.
A motion was made by Alderman Glab and seconded by Alderwoman Miller to approve
Consent Agenda Items as presented. Roll Call: Vote 7-ayes: Alderman Santi, Alderman
Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman Devine,
Alderwoman Miller, 0-nayes, 0-abstained. Motion carried.
Individual Action Item Agenda:
None
Discussion Items:
Recreational Cannabis
Chief Birk started the discussion regarding recreational Cannabis, he explained that several
infernal discussions have been occurring, and if dispensaries are going to be allowed in
McHenry, and how to regulate them. Handout regarding the pros and cons and the zoning and
business licensing would occur.
Alderman Schaefer, had some questions regarding the leeway of the Cannabis sales.
Alderman Schaefer, suggested that the concerns seems to the be locations and on premise
use. Discussion regarding zoning location, security and timing were of main conversation.
City of McHenry
City Council
9.3.19
There was conversation among the Council. Support for one or two dispensaries in town looked
likely. Council Attorney David McArdle explained the details of how many dispensaries are
allowed and the time frame with that, also explained the description of how Cannabis is used
and the four statues of the uses and how they are state regulated. The discussion continued
regarding this topic, signage, location and zoning, and security were the main focus of the
topics between the Council. Chief Birk explained some of the restrictions and regulations within
the community, including parking restrictions, ideas of where the dispensaries can be located,
etc. Several comments and conversations were presented during the meeting. Direction has
started with Council and some ideas and parameters were outlined during discussion. Much
support on this discussion is outlined in Public Comments,
Executive Session:
Mayor Jett explained that the Council will not meet in executive session tonight.
Staff Reports, Mayor's Report and Council Comments:
Director of Parks and Recreations Hobson talked about events and the time line that Council
would need to help with future city events. He explained there are times where they are
scrambling for event approval and was asking Council what a comfortable time -line would be
for them to approve events.
Chief Birk also questioned what other buffers would be needed to help him with special events.
Many on the Council suggested and agreed that 90 days would be a great time frame. Mayor
Jett agreed that a minimum of three months would suffice. Chief Birk suggested 6 months if
possible to help him block off police force scheduling as well.
Director of Public Works Strange updated the Council on road work occurrences.
Adjournment:
A motion was made by Alderman Santi and seconded by Alderwoman Baehne, to
adjourn the meeting at 9:00 PM. Roll call: Vote:7-ayes: Alderman Sandi, Alderman Schaefer,
Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller, 0-nays, 0-absained.
Motion carried.
X �
Wayne Jett
City Mayor
Trisha Ramel
City Clerk