McHenry Times

McHenry Times

Monday, November 18, 2019

City of McHenry Planning and Zoning Commission met September 18

By Kristine Gonzales-Abella | Nov 4, 2019

Meeting 07

City of McHenry Planning and Zoning Commission met Sept. 18.

Here is the minutes provided by the commission:

Chairman Strach called the September 18, 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: Gurda, 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 Walsh seconded by Lehman to approve the August 21, 2019 Regular Meeting minutes of the Planning and Zoning Commission as presented:

Voting Aye: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh.

Voting Nay: None.

Not Voting: None.

Abstaining: None.

Absent: Doherty.

Motion carried 6-0.

Public Hearing: Effingham Medical Farms LLC dba Justice Grown

File No. Z-954

408 S. Route 31

Conditional Use Permit to allow a Medical Cannabis Dispensing Organization

Chairman Strach stated this hearing will be held at a future date due to a publication error.

Public Hearing: City of McHenry

File No. Z-955

333 S. Green Street

Text amendments to the City of McHenry Zoning Ordinance: Article III. 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

Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No. Z-955 an application for Text amendments to the City of McHenry Zoning Ordinance: Article III. 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.

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 30, 2019. A Certificate of Publication is on file in the City Clerk’s Office.

Director of Economic Development gave the Staff report stating 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-cigarettes.

On February 18, 2019 the City Council discussed vape shops and the health risks associated with vaping. Following the City Council discussion 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.

Director Martin presented a proposed text amendment to the City of McHenry Zoning Ordinance which regulates vape stores, 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.

Director of Economic Development Martin stated Staff recommends 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.

Chairman Strach invited questions and/or comments from the Commission.

Commissioner Sobotta asked if there is an age restriction on buying vape products. Commissioner Strach stated the State of Illinois just changed the purchase requirements from 18 to 21.

Commissioner Thacker asked if the 5 vape shops presently in McHenry were required to have a tobacco license. Director Martin stated he believes they were.

Chairman Strach stated that since there were no outside attendees present the public comment portion of the hearing was closed at 7:41 pm. There were no further questions or comments from the Commissioners.

Motion by Walsh seconded by Gurda to recommend to the City Council with regard to File No. Z- 955, approval of Text amendments to the City of McHenry Zoning Ordinance: Article III. General Residential District Regulations; Article V. Commercial Districts and Article XIX Definitions regarding vaping establishments.

Voting Aye: Gurda, Lehman, 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-955 at 7:44 pm

Staff Report

Director Martin stated a special meeting has been scheduled for Tuesday September 14, a public hearing regarding text amendments for Adult Use Cannabis and there is still an October 16, 2019 regularly scheduled meeting.

Adjournment

Motion by Sobotta seconded by Lehman to adjourn the meeting at 7:50 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 7:50 p.m

https://cityofmchenry.org/vertical/Sites/%7B32BA702A-197A-429A-BC8D-0F4D5E307CAD%7D/uploads/PZMIN_09-18-2019.pdf

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City of McHenry Planning and Zoning Commission