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HomeMy WebLinkAboutOrdinances - ORD-14-1692 - 10/06/2014 - USE VARIANCE MEDICL CANNABIS CULTLIVATION CENTERDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 phone: (815) 363-2170Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-14-1692 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A MEDICAL CANNABIS CULTIVATION CENTER AT 1515 MILLER PARKWAY IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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 with the City by Phoenix Farms of Illinois LLC, 350 N Orleans Street, 2N, Chicago, IL 60654 requesting a use variance to allow a medical cannabis cultivation center at 1515 Miller Parkway in the McHenry Corporate Center ("SUBJECT PROPERTY"), legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on September 17, 2014 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of the use variance; 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 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a medical cannabis cultivation center on the subject property conditioned on the following: • Applicant shall file an affidavit with the City affirming compliance with the setback requirement from the property line of a pre-existing property zoned for residential use, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home and all other requirements of the Act; • No retail sales shall be conducted on the subject property; Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 phone: (815) 363-2170Fax:(815)363-2173 www.ci.mchenry.il.us • Proposed cultivation center must comply with parking and loading requirements as stipulated under "Industrial-Manufacturing, Research, Testing" in Article VII Off-Street Parking & Loading Table 13: Required Parking Spaces for Non-Residential and Non-Lodging Uses; • Applicant shall fully screen and enclose any outdoor dumpster/refuse container in accordance with the Business Park Design Guidelines in the zoning ordinance; • Use Variance for a cultivation center on the subject property shall be null and void if applicant does not secure a license to operate a cultivation center from the Illinois Department of Agriculture by February 15, 2015; • Applicant shall comply with all terms and conditions of the Community and Economic Contribution Agreement; and • Applicant is required to comply with all state laws, rules and regulations including those for signage. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. 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 4: 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 5: 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 and approved this 6th day of October, 2014 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None MAYOR ATTEST: McHenr Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property LOTS 45 THRU 49 IN MCHENRY CORPORATE CENTER UNIT II, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 9 AND PART OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1990 AS DOCUMENT NO. 90R3993, IN MCHENRY COUNTY, ILLINOIS.