CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance repealing Chapter 17 (Cannabis Business Establishments Prohibited) of Title 3 (Business and License Regulations) and amending various Chapters of Title 6 (Zoning Ordinance) related to Cannabis Facilities - PZC 20-1-053.
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Allison Laff, AICP, Deputy Director; Pat Lord, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
The PZC conducted a public hearing on the proposed text amendment on July 15, 2020. At the conclusion of public testimony and discussion, the PZC voted to recommend approval of the amendment, as proposed, including a 250' separation distance between a residentially-zoned property and a dispensary, amended hours of operation for a dispensary, and a required traffic control plan (approved; vote 7-2).
BACKGROUND:
Medical Cannabis Regulations
In 2013, the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act which became effective on January 1, 2014. Per the adopted act, the cultivation and dispensing of medical marijuana for use in serious diseases became permitted in all municipalities, subject to the limitations of the Act. While municipalities were not permitted to opt-out of having these facilities in their city, they were permitted to adopt stricter zoning regulations than those provided in the Act.
The City adopted zoning regulations for medical cannabis facilities in December 2013 (attached). In addition to the location requirements specified by the State of Illinois, the City added an additional 250 foot separation requirement between these facilities and residential properties. Since the State's regulations only noted that a dispensing organization cannot be located on residential property, this local regulation exceeded State requirements.
For reference, the City currently has one medical cannabis dispensing facility (known as GTI) located on an ind...
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