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HomeMy WebLinkAboutZoning Code Text Amendments - Recreational Cannabis4/17/2020 BoardDocs® Pro Agenda Item Details Meeting v 14, 2019 - MOUNT PROSPECT PLANNINGI Category Subject 3.1 PZ -22-19 / Village of Mount Prospect / 50 S. Emerson Street / Zoning Code Text Amendments RecreationalCannabis Access Public Tye Action Preferred • 0 • Absolute • .Nov• Fiscal Impact •' Recommended Action Approve text amendments to the Zoning Ordinance (Chapter 14) of the Village code relat to recreational cannabis. Public Content Information Public Act 101-0027, which creates the Cannabis Regulation and Tax Act (the "Act"), was signed into state law on June 25, 2019 by the Illinois General Assembly and goes into effect January 1, 2020. The Act legalizes the sale of adult use recreational cannabis and regulates possession, sale, and consumption. It also defines the various types of cannabis business establishments and regulates each. At the September 24, 2019 and October 8, 2019 Joint Committee of the Whole/Planning and Zoning Commission meetings, staff and legal counsel provided information on the Act and answered various questions on the topic to both the Village Board and the Planning and Zoning Commission. The Village heard public input from various organizations, businesses, and residents regarding the potential retail sale of recreational cannabis in the Village. Mark DeSouza, owner of New Age Care, committed to remaining good stewards for the community and stated that the existing medical facility would apply for a dual -operating license (allowing both medical and recreational sales) if the sale of recreational marijuana is approved in the Village. Representatives from the Link Together Foundation spoke about the dangers of vaping devices containing THC and cautioned against the use of words and descriptions in the sale of recreational marijuana that target and attract children. A Village resident also spoke at length about why he believes that opting in would be a bad idea that could harm the Village's image. Village staff received a letter in support of the adoption of an opt -in ordinance from a Village resident that is attached. In addition to the testimony at the aforementioned meetings, the Village Manager's office has received numerous emails both in support and against the retail sale of recreational marijuana in the Village. No comments to this date have focused on the other aspects of the business, such as growing, transporting or processing the product. Staff held internal discussions related to buffering, including what types of uses to buffer from (churches, schools, parks, hospitals, and other places of worship) and what distance the buffers should be (100, 250, 500 or 1,000 feet). Staff is proposing that recreational marijuana dispensaries should follow the same buffer requirements as the Village's liquor code; this proposed regulation is consistent with the presentations given at the joint meetings on September 24 and October 8. Therefore, it is proposed that recreational cannabis facilities be located at least 100 feet from any public or private school, church or other place of worship, and hospital. Additionally, the ordinance would prohibit any two cannabis establishments from being located within 1,500 feet of each other, consistent with the Act. The Village Board instructed staff to refer an Opt -In Ordinance to the Planning and Zoning Commission. https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/3 4/17/2020 BoardDocs® Pro Opt -In and Proposed Regulations The approval of the Cannabis Regulation and Tax Act has led to the creation of many supporting businesses, including dispensaries,, craft growers, cultivation centers, processors,, transporters, infusers, etc. All of these Cannabis Business Establishments are addressed in the attached opt -in ordinance. The following summarizes the proposed ""opt -in" text amendments, including restrictions proposed in the ordinance, based upon feedback at the prior COW meeting and internal analysis. Notation in parentheses identifies which section this language is found. • Definitions of each Cannabis Business Establishment type, as well as supporting terms such as "Cannabis Lounge or Social Space**' would be added to Chapter 11 Merchants., Businesses, Occupations and Amusementschapter would have an entire section, Article XLI, devoted to Cannabis Business Establishments. [Item 2 of the attached ordinance] • Details of the operation of a dispensing organization, including minimum age of 21 to purchase, how to verify age, and what building enhancements must be completed for any retail dispensary (such as installation of video security cameras). Also included in the regulations are adverting restrictions. Note that the hours of operation per the Act are 6 AM through 10 PM, though the Village may further restrict hours of operation either via code or conditional use process. [Items 3,, 5,, 6,, 81 9, 11, 14, and 15] • Language prohibiting any Cannabis Lounges or Social Spaces is included, which would prohibit any restaurant or other business from allowing on-site consumption. [Item 7] • Language regarding unlawful operation of any cannabis business establishment is included, including provisions for the Village Manager to suspend or revoke business licenses and conditional use permits if necessary. [Items 12 and 13] Operation of a motor vehicle by any person under 21 under the influence of cannabis is deemed unlawful. [Item 10]. All other DUI regulations apply for those over the age of 21 as noted in Village Code Section 18.501. Each type of Cannabis Business Establishment is listed in the Use Table (Section 14.604), rather than grouping them as a whole. This allows the board to decide on each business type and also ensures definitions of what constitute a ""business establishment"" are not changed over time. • Cannabis Dispensing Organizations (dispensaries) would be a condonal use in the B3 and I-1 zoning districts. • All others (growers/cultivators, infusers, processors or transporters) would be a conditional use in the I-1 zoning district. • No zoning districts were identified for a permitted use for any cannabis business establishment. The zoning code would further restrict location,, prohibiting any facility from operating within 100 feet of any public or private nursery school, preschool, primary, or secondary school, church/place of worship or hospital. This restriction mirrors the liquor code. A map of this restriction is attached. The code also ensures that cannabis business establishments are located a minimum of 1,,500 feet from each other. The attached "Recommended Regulations" map shows how the proposed zoning regulations affect where a potential cannabis -related business could locate if the Village opts -in. Taxation The proposed taxation ordinance is also included for review. This ordinance would correspond with any opt -in ordinance, and allow the Village to collect the maximum 3% Cannabis Retailers Occupation Tax in addition to home rule and regular sales taxes. Standards for Text Amendments Section 14.203 (D) lists standards for the P&Z to consider for text amendments to the Zoning Code. The standards relate to: • The general applicability of the amendment to the community., rather than an individual parcel; • Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; • The degree to which the amendment would create non -conformity; • The degree to which the amendment would make the Zoning Code more permissive; and • Consistency of the amendment with Village policy as established by previous rulings. The proposed amendments to the Zoning Code would be applicable to the community as a whole and are not proposed in response to an individual parcel within the Village. The proposed changes are intended to reflect current Village objectives as outlined in the Strategic Plan, Comprehensive Plan, and other accepted planning documents. These objectives include economic vitality through support,, innovation, and collaboration with the Village's business community. The Village is to ensure that the community's economy is able to thrive and adapt to changes in the https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/3 4/17/2020 BoardDocs® Pro market through innovation and building on local and regional assets. The proposed amendments satisfy the standards for text amendments as required in the zoning code. Furthermore, the potential sales tax revenues could be used to abate the costs of police enforcement related to recreational cannabis. Police will be forced to administer use and OWI (Operating While Intoxicated) laws in the Village regardless of whether the sale of recreational cannabis is approved. The Police Department expects there will be costs regarding testing,, training, and new equipment. Sales tax revenues from recreational marijuana could defray some of those costs. The attached "Surrounding Communities" map shows 15 surrounding communities and whether they have opted -in, opted out, or which way they are leaning towards if they have not formally voted on the matter. The map is based on recent newspaper articles on the communities. Three communities (Buffalo Grove, Northbrook, and Niles) have opted - in, while two communities (Arlington Heights and Park Ridge) have opted out. Of the 10 remaining communities, 31 are leaning towards opting in and 5 are leaning towards opting out. Alternatives 1. Recommend approval of text amendments to the Zoning Ordinance (Chapter 14) related to recreational cannabis. 2. Action at discretion of the Planning and Zoning Commission. Staff Recommendation Staff finds that the proposed text amendments meet the standards contained in Section 14.203 (D) of the Zoning Ordinance and that granting such request would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the proposed text amendments to Chapter 14 of the Village Zoning Ordinance. The Village Board's decision is final for this case. Opt -In Regulations Ordinance.pdf (134 KB) Staff Report.pdf (247 KB) Recommended Regulations.pdf (1,864 KB) Surrounding Communities.pdf (1,384 KB) Public Comment.pdf (1,135 KB) Administrative Content Returning for edits to text above and exhibits. Executive Content https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 3/3