File #: 23-151    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 4/6/2023 In control: City Council
On agenda: 4/25/2023 Final action: 4/25/2023
Title: Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission to ADOPT ORDINANCE A, OR from Staff to ADOPT ORDINANCE B, Amending Appendix A, the Unified Development Code, Relating to MEDICAL/ADULT USE CANNABIS DISPENSARIES, CULTIVATION CENTERS, CRAFT GROWERS, INFUSERS and PROCESSORS.
Attachments: 1. Ordinance A for PZ 1293-2023, 2. Ordinance B for PZ 1293-2023, 3. Agenda Packet for PZ 1293-2023, 4. 4 2023 Special Meeting Minutes, 5. ORD 18072

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission to ADOPT ORDINANCE A, OR from Staff to ADOPT ORDINANCE B, Amending Appendix A, the Unified Development Code, Relating to MEDICAL/ADULT USE CANNABIS DISPENSARIES, CULTIVATION CENTERS, CRAFT GROWERS, INFUSERS and PROCESSORS.

 

Body

BACKGROUND:  Following the March 21, 2023 City Council meeting, Staff presented a proposed text amendment relating to cannabis regulations at a special meeting of the Planning & Zoning Commission.

 

The Planning & Zoning Commission voted 5 to 0 to amend the cannabis regulations attached hereto as ORDINANCE A with the following:

1)                     Replace the permitted use designation with a special use in the Industrial zoning districts.

2)                     Require the cannabis use to be active and in place within 6 months of the special use approval.  A six-month extension may be granted by the City Manager.  Currently, a special use has 24 months from approval to become active and in place.

3)                     Allow cannabis uses in the Warehouse Form District.  Prohibit cannabis uses in all other Form Districts. 

4)                     Special Use application will no longer be accepted by the Community Development Dept once the maximum number of licenses has been issued.

 

Staff’s recommendation to amend the cannabis regulations is attached hereto as ORDINANCE B with the following:

1)                     Replace the permitted use designation with a special use in the Industrial zoning districts.

2)                     Require the cannabis use to be active and in place within 6 months of the special use approval.  A six-month extension may be granted by the City Manager.  Currently, a special use has 24 months from approval to become active and in place.

3)                     Prohibit cannabis uses in all Form Districts.

4)                     Special Use application will no longer be accepted by the Community Development Dept once the maximum number of licenses has been issued.

 

The only difference between the proposed ordinances is the bolded lines 3) above:  Ordinance A allows cannabis uses in the Warehouse Form District only and Ordinance B prohibits cannabis uses in all Form Districts.

 

See the attached Planning & Zoning Commission case packet and meeting minutes for detailed information.

 

FINANCIAL IMPACT:  N/A

 

NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting):  None

                     

IMPACT IF APPROVED:  Ordinance A and Ordinance B will amend regulations for cannabis uses in the Unified Development Code as outlined above.

 

IMPACT IF DENIED:  Regulations for cannabis uses will not be amended.

 

ALTERNATIVES:  None

 

EEO CERTIFICATION NUMBER: N/A

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Grow Peoria                     

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Grow employers and jobs.                     

 

DEPARTMENT: Community Development