ACTION REQUESTED:
Title
Communication from the City Manager and the Director of Community Development with a Recommendation from the Planning & Zoning Commission and Staff to Adopt:
A. ORDINANCE A, which places a MEDICAL CANNABIS DISPENSARY as a Special Use in C-1 & C-2 Commercial Districts of the ZONING ORDINANCE; and/or
B. ORDINANCE B, which places a MEDICAL CANNABIS CULTIVATION CENTER as a Special Use in the I-1, I-2, & I-3 Industrial Districts of the ZONING ORDINANCE; and/or
C. ORDINANCE C, which places a MEDICAL CANNABIS DISPENSARY as a Special Use in the C-N, C-G, & B-1 Commercial Districts of the LAND DEVELOPMENT CODE; and/or
D. ORDINANCE D, which places a MEDICAL CANNABIS CULTIVATION CENTER as a Special Use I-1, I-2, & I-3 Industrial Districts of the LAND DEVELOPMENT CODE,
All Amending Appendix B, the Zoning Ordinance, and Appendix C, the Land Development Code Related to MEDICAL CANNABIS DISPENSARIES AND MEDICAL CANNABIS CULTIVATION CENTERS.
Body
BACKGROUND:
The medical cannabis issue and opportunity for discussion began earlier this year:
1) June 13 - Issues Update included the Planning & Zoning Commission agenda with a proposed cannabis text amendment.
2) June 17 - The July 3, Planning & Zoning Commission agenda is distributed to the public.
3) July 3 - Public hearing before the Planning & Zoning Commission.
4) July 16 - Email to City Council with a summary of the proposed medical cannabis ordinance.
5) July 22 - First reading at City Council.
6) August 12 - Final reading at City Council that approved the text amendment placing cannabis cultivation centers as permitted uses in the I-1, I-2 and I-3 Industrial zoning districts. At the same time, cannabis dispensaries were deemed similar to a pharmacy use and therefore a permitted use in the C-1, C-2, C-N, C-G, and B-1 commercial districts.
7) September 9 - a Request was sent to Council to issue letters of support for medical cannabis locations.
8) September 23 - Request from City Council to bring a text amendment back for consideration.
9) October 10 - Issues Update noted the upcoming text amendment.
10) October 14 - The November 6, Planning & Zoning Commission agenda is distributed to the public.
11) October 17 - Issues Update included the Planning & Zoning Commission agenda with the proposed cannabis text amendment.
12) October 31 - Email communication to City Council with the specific text of the proposed ordinance amendment.
13) November 6 - Public hearing with the Planning & Zoning Commission.
14) November 25 - First Reading of the amended medical cannabis ordinance before the City Council.
As requested, the attached ordinances place cannabis dispensaries and cannabis cultivation centers as special uses in commercial and industrial districts, respectively, instead of as permitted uses. The proposed text amendments exclude any medical cannabis establishment from all of the Form districts of the Land Development Code.
The table below summarizes each ordinance:
Special Uses |
Medical Cannabis Dispensary |
Medical Cannabis Cultivation Center |
Zoning Ordinance |
Ordinance A (C-1 & C-2 Commercial Districts) |
Ordinance B (I-1, I-2, & I-3 Industrial Districts) |
Land Development Code |
Ordinance C (C-N, C-G, & B-1 Commercial Districts) |
Ordinance D (I-1, I-2, & I-3 Industrial Districts) |
Review of medical cannabis regulations in other IL communities finds the following:
· City of Bloomington allows dispensaries and cultivation centers as a permitted use in manufacturing districts. Dispensaries are also a permitted use in commercial and business districts.
· City of Decatur allows dispensaries as a permitted use in the M-1 Intense Commercial-Light Industrial district only. Cultivation centers are not permitted in any zoning district.
· City of East Peoria requires a special use approval for both dispensaries and cultivation centers in manufacturing and business districts.
· City of Elgin requires a conditional use permit for dispensaries and cultivation centers in their Office Research Industrial and General Industrial districts. Dispensaries and cultivation centers are expressly prohibited from the Arterial Road Corridor overlay district.
· City of Naperville allows dispensaries as a permitted use in their Research & Development, Office Research, and Industry districts and a conditional use in their Health Services and Community Shopping districts. Cultivation centers require a conditional use approval in their Research & Development, Office Research, and Industry districts.
· City of Rockford determined that dispensaries were similar to pharmacy uses and cultivation centers were similar to industrial uses thus a text amendment was not necessary.
· City of Springfield is currently reviewing proposed regulations that will require a conditional use approval for dispensaries and cultivation centers in their industrial and central business districts.
PLANNING & ZONING COMMISSION ACTION
The Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 5 TO 1 TO APPROVE.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission meeting): None
IMPACT IF APPROVED: Cannabis dispensaries will require a special use approval in the commercial districts of C-1, C-2, C-N, C-G, and B-1. Dispensaries will no longer be a permitted use in any zoning district. Cannabis cultivation centers will require a special use approval in the industrial districts of I-1, I-2 and I-3. Cultivation centers will no longer be a permitted use in any zoning district. Dispensaries and Cultivations Centers will not be allowed (either as a permitted or special use) in any Form District.
Zoning Certificates were issued for two dispensary locations (3611 Willow Knolls, issued on September 22, 2014 & 3125 University, issued on September 16, 2014) and one cultivation center (5921 Galena Rd issued on November 13, 2014). As Zoning Certificates are valid for one year from the date of issue, these three locations would not be impacted by this ordinance amendment.
IMPACT IF DENIED: The current zoning regulations will remain unchanged. Cannabis dispensaries will be a permitted use in commercial districts and cultivation centers will be a permitted use in industrial districts.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria: Businesses, Jobs, and Population
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Grow employers and jobs.
DEPARTMENT: Community Development