Loading...
HomeMy WebLinkAboutOrdinance 2026-71202600015369 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 10/ 21/ 2026 01:32 PM RECORDING FEE 57.00 PAGES: 8 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2026-71 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A SPECIAL USE PERMIT ALLOWING THE SALE OF CANNABIS ON CERTAIN TERRITORY GENERALLY LOCATED WEST OF SOUTH BRIDGE STREET (U.S ROUTE 47), SOUTH OF STAGECOACH TRAIL (U.S ROUTE 71), AND ALONG SARAVANOS DRIVE WITHIN THE STAGECOACH CROSSING DEVELOPMENT IN YORKVILLE, ILLINOIS (Good Behavior Dispensary) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 13 "' day of October, 2026 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on October 16, 2026. Ordinance No. 2026-71 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A SPECIAL USE PERMIT ALLOWING THE SALE OF CANNABIS ON CERTAIN TERRITORY GENERALLY LOCATED WEST OF SOUTH BRIDGE STREET (U.S ROUTE 47), SOUTH OF STAGECOACH TRAIL (U.S ROUTE 71), AND ALONG SARAVANOS DRIVE WITHIN THE STAGECOACH CROSSING DEVELOPMENT IN YORKVILLE, ILLINOIS (Good Behavior Dispensary) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non -home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 511-1-1 et seq.) the Mayor and the City Council of the City (collectively, the "Corporate Authorities ") may provide for the classification of special uses in its zoning ordinance; and WHEREAS, pursuant to the United City of Yorkville Unified Development Ordinance (the "UDO "), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and WHEREAS, Prairie Retail Holdings, LLC, an Illinois limited liability company, and Pot Luck THC, LLC, an Illinois limited liability company (the "Lessees"), are leasing an approximately 0.93 acre parcel that VDR Real Estate, LLC, is the contract purchaser of, located west of South Bridge Street (U.S Route 47), south of Stagecoach Trail (U.S Route 71), and along Saravanos Drive within the Stagecoach Crossing development in Yorkville, Illinois. ("Subject Property"), legally described in Section 2 of this Ordinance, for the proposed use as a cannabis dispensary business; and Ordinance No_ 2026-71 Page 2 WHEREAS, under the authority of the UDO, the Subject Property is located in a designated B-3 General Business District and cannabis dispensing organizations are allowed with a special use permit; and WHEREAS, the Corporate Authorities have received a request from the Lessees for a special use permit for the Subject Property to allow the operation of a cannabis dispensary business; and WHEREAS, a legal notice of publication regarding a public hearing before the Planning and Zoning Commission on the proposed special use permit was duly published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public hearing; and WHEREAS, notice to property owners within 500 feet of the Subject Property identified for the special use permit was sent by certified mail; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on September 9, 2026, for the consideration of the special use application; and WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-51) of the UDO; and WHEREAS, upon conclusion of said public hearing, the Planning and Zoning Commission made findings of fact and recommendation to the Corporate Authorities to grant the special use for the Subject Property for a cannabis dispensary business; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Ordinance No. 2026-71 Page 3 Section 2. That the Planning and Zoning Commission made the findings of fact included on Exhibit A to this Ordinance, and therefore recommend the City Council approve the requested special use. Section 3. That the Corporate Authorities hereby approve the special use for the Subject Property, legally described as: LOT 2 IN THE FINAL PLAT OF STAGECOACH CROSSING, A SUBDIVISION OF PART OF SECTIONS 8 AND 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 30, 2008 AS DOCUMENT NUMBER 2008023702, IN KENDALL COUNTY, ILLINOIS with Property Index Number 05-08-227-012 for use as a cannabis dispensary. Section 4. That the special use granted herein shall be constructed, operated, and maintained in accordance with the following plans, diagrams and conditions: A. Onsite consumption of cannabis shall be strictly prohibited by Lessee. B. Currently, Lessee calculates maximum lot coverage using only the footprint of the proposed dispensary building. Lessee must revise lot coverage calculations to include all paved and impervious areas on the Subject Property along with the building. C. Signage at the Subject Property shall be limited to one wall sign with an area of 80 square feet and a width of 20 feet- D. City Engineer must approve all landscape review comments during the building review process. Ordinance No. 2026-71 Page 4 E. The Lessee shall incorporate at least fifty-two (52) percent of masonry product in the exterior building elevations. F. The proposed trash enclosure on the Subject Property will be screened with solid, opaque materials ranging from 6 to 8 feet in height. The enclosure gate will also incorporate opaque materials to provide complete visual screening. G. The Lessee shall keep the following information on file with the City, and shall keep the City informed of any changes to this information soon as is practicable: The business name, lessee name, and addresses, telephone numbers and e-mail addresses of (1) sole proprietors; (2) business entities with financial interest in the business, and (3) all officers, directors, partners, managers, and owners. ii. A copy of the Lessee's current license or registration showing the Lessee is authorized to conduct an adult -use cannabis business in the State of Illinois shall be kept on file with the City. iii. A written statement from the owner of the Subject Property authorizing the Lessee to operate an adult -use cannabis business on the Subject Property. iv. A copy of a business plan that includes at least the following information: a. A description of the products and services provided by the adult -use cannabis business and shall inform the City of any changes to the products and services offered. b. A description or statement of training and education that will be provided to the proposed adult -use cannabis dispensary agents and staff. Ordinance No. 2026-71 Page 5 c. A security plan describing how the proposed use will address concerns related to inventory tracking and prevention of theft; measures to control customer overflow and access to restricted areas; employee restrictions to limited access areas and restricted area; and video surveillance/alarm system. d. A waste management plan for the storage, security and disposal of discarded cannabis products and materials Section 5. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 131h day of October, A.D. 2026. KEN KOCH AYE ARDEN JOE PLOCHER AYE CHRIS 1=UNKHOUSER NAY RUSTY CORNEILS AYE ctu*uoj� C Y CLERK DAN TRANSIER AYE CRAIG SOLING AYE RUSTY HYETT ABSENT APPROVED by me, as Mayor of the United City ofYorkvill ndall County, Illinois this dayof , A.D. 2026. MAYOR Attest: rILERIK Ordinance No. 2026-71 Page 6 EXHIBIT A i. The establishment and operation of the proposed dispensary will not be unreasonably detrimental to or endangerthe public health, safety, morals, comfort or general welfare of the community. The building will be developed in a manner that meets all applicable building codes and the parking field has been designed to allow for safe and efficient movement of pedestrian and vehicular traffic. The Lessee's interior improvements will meet all security standards that have been established by the State. The Lessee will implement a professionally monitored security system to assist with on -site security, enforcement of a no loitering policy, product delivery and cash management. Moreover, the Lessee will employ a sophisticated customer management system to ensure that customers enter and exit in a safe and efficient manner to avoid a buildup of crowds outside the dispensary. The Lessee also has a robust operations plan, including regular training for its employees, detailed product receipt and cash management protocols, safety and security measures, product disposal protocols and customer engagement to ensure that its operations fit within the fabric of community. The proposed use in fact has a positive impact on the community. The Property is located in a commercial area, offers full access and is near a major right of way. The proposed dispensary offers public convenience because it will afford residents of the City access to cannabis products 'instead of them having to drive to nearby municipalities with their own dispensaries. The use contributes to the general welfare of the community by activating a vacant piece of property, strengthening the City's real estate and sale tax bases and drawing City residents and non-residents who take advantage of other businesses in the area. ii. The proposed use is compatible with adjacent properties and other properties in the immediate vicinity. The Property is located on a commercial corridor with commercial uses immediately adjacent to the north and west. Further, the proposed use will not be detrimental to the value of other properties or improvements in the surrounding area. There is a broad body of evidence that suppolts the conclusion that dispensaries have little impact on property values. Lessee's business will not generate excessive traffic, and does not generate noise, smoke or excessive lighting. Additionally, the proposed use may have a positive impact due to the investment in and the activation of a currently vacant lot. Moreover, by drawing more people to the area, the proposed use could have a positive impact on nearby commercial properties and could lead to the development of the vacant parcels located to the south and southwest. iii. The proposed use would not impede the norinal and orderly development and improvement of surrounding properties. The Subject Property is located on a commercial corridor and near other commercial uses and will complement existing and future commercial uses in the area as the proposed use is a low intensity use and will have similar operating characteristics to other commercial uses, such as hours of operation, light, noise, and expected traffic. iv. The Subject Property is located in a developed portion of the City, so there are already adequate utilities, drainage, and other necessary facilities in place. V. The proposed use will not present a parking problem or create undue congestion on abutting streets. The Property has been designed with a parking field to accommodate a large number of patrons to park and stay. The Property will have 33 parking spaces which is more than adequate to serve a dispensary of this size. Because of the number of parking spaces and the well -designed parking field, the dispensary will not create undue traffic congestion. vi. The proposed use is not contrary to the Yorkville Comprehensive Plan and, in fact, supports the goals of having a diversity of land uses to support and grow the City's tax base and ensuring the City's corridors contain well-defined clusters of commercial areas. The proposed use is located in an area designated for commercial use by the Comprehensive Plan. The proposed use will activate vacant property, establish a new retail use, and strengthen the City's property and sales tax base. Additionally, the proposed use may increase retail development in the surrounding area by drawing new patrons to the dispensary and potentially other businesses in the area.