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HomeMy WebLinkAboutOrdinances - ORD-19-1986 - 10/28/2019 - Medical Cannabis Dispensary at 408 S Route 31 CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NO ORD-19-1986 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MEDICAL CANNABIS DISPENSARY FOR THE PROPERTY LOCATED AT 408 S ILLINOIS ROUTE 31 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois October 28,2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 29t'day of October,2019. ORDINANCE NO ORD-19-1986 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MEDICAL CANNABIS DISPENSARY FOR THE PROPERTY LOCATED AT 408 S ILLINOIS ROUTE 31 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 by Crystal Clear Compassionate Care Inc. 3350 Prairie Avenue Chicago, IL 60616 ("Applicant"), requesting a Conditional Use Permit to allow a medical cannabis dispensary at 408 S Illinois Route 31. The property is 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 October 16, 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 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 Conditional Use Permit 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 allow a medical cannabis dispensary subject to the following conditions: • Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocation/trade centers shall not be classified as a public or private school for purposes of this section; • Crystal Clear Compassionate Care shall file an affidavit with the City affirming compliance with Article III. General District Regulations Section Q. Medical Cannabis as provided herein and all other requirements of the Act • Crystal Clear Compassionate Care shall install 24-hour/day 7 days/week real time video surveillance equipment, to be approved by the City, which covers/encompasses the entire exterior perimeter of 408 South Illinois Route 31, including the north, south, east and west sides of the building, common parking area to the south, east and west of 408 South Illinois Route 31 as well as the ingress/egress to the site. Additionally, equipment encompassing the interior of the building, common hallway/entrance and entire space of 408 S Illinois Route 31 shall be installed and all surveillance equipment must be in place, tested and operational prior to receipt of a certificate of occupancy; • Crystal Clear Compassionate Care shall maintain on-site security personnel at all times business is conducted at the subject property; proof of such security shall be provided to the City prior to receipt of a certificate of occupancy; • If conditional use permit is approved there shall be no residential dwelling units permitted on subject property at any time the dispensary remains in operation; • A photometric plan must be submitted verifying minimum parking lot lighting requirements are met. If the regulations are not met, additional/new lighting standards must be installed in accordance with all City ordinance requirements prior to granting an occupancy permit for the proposed medical cannabis dispensary; • For purposes of determining required parking, Medical Cannabis Dispensing Organizations shall be classified as "Other Retail and Personal Service" in accordance with Article VI Off-Street Parking & Loading Table 13: Required Parking Spaces for Non- Residential and Non-Lodging Uses and proposed dispensary on subject property shall comply with said regulation; • Conditional Use Permit for a dispensary on the subject property shall be null and void if Crystal Clear Compassionate Care Inc. does not secure a license to operate a medical marijuana dispensary from the Illinois Department of Financial and Professional Regulation by December 31, 2020. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 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 to that 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, patrons, 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 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. 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 this 28th day of October, 2019. Ayes Nays Absent Abstain Alderwoman Baehne Alderman Devine Alderman Glab X Alderman Mihevc X Alderwoman Miller k Alderman Santi X Alderman Schaefer k 4/e.u. IARJ Wayn Jet , Mayor Trisha Ramel, eity Clerk Exhibit A Legal Description of the Subject Property That part of the West Half of Government Lot 1 of the Northwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point at the Southeast corner of said West Half of Government Lot l; thence North 0'56'00" East along the East line of said West Half of Government Lot 1, 567.62 feet to the point of beginning; thence North 90'00'00" West along a line parallel with the Southerly line of said West Half of Government Lot 1, 440.06 feet to a point in the East right-of-way line of State Route 31; thence Northerly along said East right-of-way line (being along a curve with a radius of 3859.83 feet as said curve is convexed to the East) a chord distance of 38.32 feet to the point of tangency; thence North 0'38'00" West along said East right-of-way line, 61.68 feet; thence North 90'00'00" East, 442.74 feet to the East line of the West Half of said Government Lot 1; thence South 0'56'00" West along said East line, 100.00 feet to the point of beginning. All containing 1.0132 acres, more or less, in McHenry County, Illinois.