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:
A. ADOPT an ORDINANCE Amending APPENDIX B, the Zoning Ordinance Relating to CANNABIS CULTIVATION CENTERS, and
B. ADOPT an ORDINANCE Amending APPENDIX C, the Land Development Code Relating to CANNABIS CULTIVATION CENTERS.
Body
BACKGROUND:
In August of 2013, Gov. Pat Quinn signed "The Compassionate Use of Medical Cannabis Pilot Program Act," which allows the establishment of medical marijuana dispensaries and cultivation sites in the State of Illinois.
The following is brief summary of the Law, which went into effect on January 1, 2014:
1. No more than 60 licensed dispensaries in the State.
2. No more than 22 cultivation sites and no more than one in each state police district.
3. A registered cultivation center shall implement a security plan reviewed by the State Police and including but not limited to: facility access controls, perimeter intrusion detection systems, personnel identification systems, 24-hour surveillance system to monitor the interior and exterior of the registered cultivation center facility and accessible to authorized law enforcement and the Department of Financial and Professional Regulation in real-time.
4. A registered cultivation center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for exclusive residential use.
5. A dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for exclusive residential use. A dispensary must acquire cannabis from a registered cultivation center.
The Illinois Department of Financial and Professional Regulation will issue the licenses for the dispensaries while the Illinois Department of Agriculture will register the cultivation sites. Also, the Illinois Department of Public Health will issue medical marijuana identification cards.
Cultivation Centers
Staff research of cannabis cultivation centers shows that they are secured, non-descript, agricultural operations within a warehouse structure. As noted above, the facilities are closely monitored by the State of Illinois and include on-site inspections, a comprehensive monitoring system of plant seed to packaging, and strict security measures of the premises and deliveries. The end product is distributed directly to registered dispensaries.
Cultivation centers are not unlike other warehouse operations conducted in industrial districts. Aside from truck/van deliveries, the operations of cultivation centers are performed entirely within the warehouse building. As a result, the proposed text amendment places cannabis cultivation centers as permitted uses in the I-1, I-2, and I-3 industrial zoning districts.
Dispensaries
Further Staff review of cannabis dispensaries has determined that this use is similar to a pharmacy use. Pharmacies are permitted uses as retail in the C-1 General Commercial, C-2 Large Scale Commercial, C-N Neighborhood Commercial, C-G General Commercial and B-1 Downtown Commercial districts in the Zoning Ordinance and Land Development Code. Therefore, a text amendment is not proposed for a cannabis dispensary use.
PLANNING & ZONING COMMISSION ACTION:
The Planning & Zoning Commission found that the request met the findings of fact and voted 6 TO 0 TO APPROVE.
FINANCIAL IMPACT: NA
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission meeting): None
IMPACT IF APPROVED: A Cannabis Cultivation Center will be a permitted use in the I-1, I-2, and I-3 industrial zoning districts.
IMPACT IF DENIED: A Cannabis Cultivation Center would not be regulated by the Zoning Ordinance or Land Development Code making it difficult to manage their location and impact in the community.
ALTERNATIVES: NA
EEO CERTIFICATION NUMBER: NA
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