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COMMUNITY DEVELOPMENT DEPARTMENT STAFF REVIEW PLAN COMMISSION September 13, 2019

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COMMUNITY DEVELOPMENT DEPARTMENT STAFF REVIEW PLAN COMMISSION September 13, 2019 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REVIEW PLAN COMMISSION September 13, 2019 ZONING ORDINANCE TEXT AMENDMENTS RE: RECREATIONAL CANNABIS BUSINESSES INTRODUCTION: The Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (referred to as “the Act”) was signed by Governor Pritzker in June, and takes effect on January 1, 2020. This Act makes adult recreational use of cannabis (marijuana) legal in Illinois, and units of local government may not unreasonably prohibit home cultivation or the use of cannabis. The Act allows municipalities to regulate recreational cannabis businesses within its jurisdiction, including prohibiting such businesses. In response to the Act, the City Council recently authorized staff and the Plan Commission to conduct a public hearing to consider potential Zoning Ordinance amendment(s) regarding the classification and regulation of recreational cannabis businesses in the City of Warrenville. The public input and decision process the City intends to use to evaluate and make decisions on this issue is outlined in attached Exhibit A. A legal notice for this Zoning Ordinance text amendment public hearing was published in the Daily Herald newspaper on Wednesday, September 4, 2019. In addition, a press release regarding the September 19, 2019, public hearing was issued by the City on September 12, 2019. It is important to note that the initial public hearing for this text amendment question is scheduled to occur at the September 19, 2019, Plan Commission meeting. This staff report does not currently reflect any public input that may be provided at the public hearing, and therefore should be reviewed with this fact in mind. ANALYSIS: Considerations for Plan Commission Discussion Currently, the City’s Zoning Ordinance does not specifically allow or prohibit recreational cannabis businesses. When a land use is not specifically listed as either a permitted or special use, it is generally considered a prohibited use based on the current provisions of the Zoning Ordinance. The City Attorney has recommended the City modify the Zoning Ordinance to make it clear if recreational cannabis-related businesses are allowed or prohibited in the City of Warrenville. The Act allows the City to make the following land use-related decisions as it relates to recreational cannabis businesses: - Prohibit (opt out) recreational cannabis business establishments in Warrenville, or - Allow specific types of recreational cannabis business establishments under certain conditions and in specific zoning districts. Zoning Ordinance Text Amendments RE: Recreational Cannabis Businesses CDD Staff Report Page 2 of 3 September 13, 2019 In the event the City decides to allow recreational cannabis businesses, the City’s Zoning Ordinance would need to be amended to address a number of key land use-related questions concerning these businesses. This report provides an overview of the different questions that will require Plan Commission discussion and input in order for staff and the City Attorney to develop specific text amendment language that would implement the Plan Commission’s input. Staff is not providing any text amendment recommendations at this time. 1. Define the different types of recreational cannabis business uses Develop definitions for recreational cannabis business uses such as, but not necessarily limited to, cannabis dispensing organization, cannabis cultivation, processing, wholesaling, infusing and transportation-type businesses. 2. Determine which zoning districts specific types of recreational cannabis businesses would be allowed The Zoning Ordinance currently lists medical cannabis cultivation centers and dispensing facilities as permitted uses in M-1 and M-2 manufacturing zoning districts. Medical cannabis dispensaries are also allowed with Special Use Permit approval in the B-2 and B-4 commercial zoning districts. 3. Determine whether these uses would be a permitted use or a special use Permitted uses are permitted by right and business owners are not required to go through a public hearing in order to open. Special uses require approval through a public hearing process with the Plan Commission and City Council. This process takes approximately 60-90 days. 4. Determine if there will be a limit on the number of recreational cannabis businesses permitted The City could significantly limit the number of recreational cannabis businesses by establishing specific location criteria and/or limiting the number of licenses issued to these businesses. 5. Determine whether special separation requirements or other performance standards will be enacted The Act allows municipalities to impose specific separation requirements between cannabis businesses and other uses deemed to be sensitive. The Act states that cannabis dispensing facilities may not be located within 1,500 feet of another cannabis dispensing facility. Research indicates that odor control can be an issue for cannabis cultivation, extraction, and manufacturing businesses. Information and Resources for Review and Consideration 1. City Attorney Brooke Lenneman will present information at the public hearing about the Act and the specific decisions the City should make regarding the issue prior to January 1, 2020. A copy of her PowerPoint presentation is attached as Exhibit B. Zoning Ordinance Text Amendments RE: Recreational Cannabis Businesses CDD Staff Report Page 3 of 3 September 13, 2019 2. Attorney Stuart Weis, from the City’s law firm, Holland and Knight, has presented information about the new law and the specific decisions that the City Council should make prior to January 1, 2020, at the September 9, 2019, Community Development Committee of the Whole meeting. His presentation and questions and answer session following the presentation may be viewed on the Warrenville YouTube channel at https://www.youtube.com/watch?v=bGT-RC77d0I. 3. City staff reached out to municipalities in the surrounding area to ascertain where they stand in the process of dealing with this issue. A summary of the feedback staff received is attached as Exhibit C. 4. Warrenville Police Department Chief Turano will attend the September 19, 2019, public hearing meeting and will be available for questions. 5. The City Attorney’s office has also forwarded the additional information reports and articles attached as Exhibits D through I that the Plan Commission may find useful as it considers this issue. CONCLUSION: Staff recommends the Plan Commission conduct a formal public hearing, receive public comment, provide input on the various recreational cannabis business-related prohibition and/or regulation questions outlined in this report, and then continue the public hearing until its October 10, 2019, meeting. Using the feedback provided by the Plan Commission, staff will develop a Zoning Ordinance amendment framework that will be presented and discussed at the October 10, 2019, Plan Commission continued public hearing. ATTACHMENTS: Exhibit A: Public input and City decision process for prohibition or regulation of recreational cannabis businesses Exhibit B: Copy of the City Attorney presentation Exhibit C: Summary of research Exhibit D: ICMA Local Impacts of Commercial Cannabis Final Report (September 2018) Exhibit E: Cato Institute Research “Going to Pot” (November 2017) Exhibit F: Freedman & Koski Snapshot of Demand for Adult Use Cannabis in Illinois Exhibit G: IZA Report on Crime near Dispensaries (May 2018) Exhibit H: Chicago Tribune DPCC Do Marijuana Dispensaries Drive up Home Values (May 2019) Exhibit I: APA Pot Report (July 2015) Exhibit A City of Warrenville Planned Public Input and City Decision Process for Prohibition or Regulation of Recreational Cannabis Businesses • September 9, 2019, City Council Community Development Committee (CDC) of the Whole Meeting*: City Attorney Stew Weiss will provide an overview of the legal background and critical decisions the City Council will ultimately need to make on the issue. City staff will outline the process that will be used to provide information, facilitate community and appointed official input, and support informed City Council decisions on the issue. • September 19, 2019, Plan Commission Meeting/Public Hearing*: The Plan Commission (PC) will conduct an official public hearing to introduce issue, receive information and testimony from the City Attorney, Police Department staff, Community Development Department staff, and the public. This meeting is an opportunity for members of the community to obtain information and provide input on the issue. The PC will have the opportunity to ask questions, provide initial feedback on how they feel the City should regulate recreational cannabis businesses from a zoning perspective, and identify what, if any, additional information City staff and/or the City Attorney’s office needs to collect and provide on the issue. The public hearing will be continued to the Oct. 10, 2019, PC meeting in order to provide City staff and the City Attorney time to review the information, testimony, and PC input provided at the Sept. 19, 2019, meeting; assemble any additional information the PC requests; and coordinate the preparation of a detailed staff report and recommendations on potential Zoning Ordinance text amendments regarding recreational marijuana businesses. • October 10, 2019, Plan Commission Meeting*: Planned date of continued public hearing on issue. All additional information collected/provided on the issue after the initial Sept. 19, 2019, public hearing will be discussed at this meeting. Additional public
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