File #: 19-313    Version: Name:
Type: Ordinance Status: Adopted
File created: 9/26/2019 In control: City Council
On agenda: 10/15/2019 Final action: 10/15/2019
Title: Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE Amending Appendix A, the Unified Development Code Relating to ADULT USE CANNABIS.
Attachments: 1. ORD NO 17,178 Adult Use Cannabis, 2. Ordinance for PZ 19-K, 3. Agenda Packet for PZ 19-K, 4. 10 2019 PZ Minutes

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 and Staff to ADOPT an ORDINANCE Amending Appendix A, the Unified Development Code Relating to ADULT USE CANNABIS.

 

Body

BACKGROUND:  On January 1, 2020, recreational use of cannabis will become legal in the State of Illinois.  The law allows adults over the age of 21 to purchase certain amounts of cannabis. The law prohibits the use of cannabis in the following instances:

                     Any public place, such as streets or parks

                     Any motor vehicle

                     On school grounds (except medical users)

                     Near someone under the age of 21

                     Near an on-duty school bus driver, police officer, firefighter or corrections officer

                     On private property at the discretion of any person, business or landlord

 

The attached ordinance allows for the cultivation and sale of adult use (recreational) cannabis, in addition to the already allowed medical cannabis.  The following table provides a summary:

 

Type

Zoning District  Permitted Use

Zoning District Special Use

Comment

Medical/Adult Use Cannabis Dispensary

I1, I2 and I3, and Warehouse Form District

CN, C1, CG, C2, and B1

Currently prohibited in all Form Districts.  No change to other zoning districts.

Medical/Adult Use Cannabis Cultivation Center

I1, I2 and I3, and Warehouse Form District

A1

Currently a special use in I1, I2, and I3, and prohibited in all Form Districts.

Craft Grower

I1, I2 and I3, and Warehouse Form District

CN, C1, CG, C2, and B1

New use.  Limited to 5,000 sq. ft. in size in commercial districts and 14,000 sq. ft. for industrial districts. May be accessory to a dispensary.

Infuser

I1, I2 and I3, and Warehouse Form District

None

New use. May be accessory to a dispensary.

Processor

I1, I2 and I3, and Warehouse Form District

None

New use. May be accessory to a dispensary.

 

 

The Planning & Zoning Commission found that the request met the Findings of Fact and voted 5 to 0 to APPROVE.

 

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:  Medical and Adult Use Cannabis dispensaries, cultivation centers, and craft growers shall be permitted uses in Industrial districts and special uses in agricultural and commercial districts.  Infusers and processors shall be permitted uses in industrial districts.

 

IMPACT IF DENIED:  Current regulations will remain which allows only medical cannabis.  Adult use cannabis will not be allowed.

 

ALTERNATIVES:  N/A

 

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.                     

2. Keep taxes and fees competitive.                     

 

DEPARTMENT: Community Development