HomeMy WebLinkAboutG45-20 Ordinance No. G45-20
AN ORDINANCE
AMENDING CHAPTER 19.90 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "SUPPLEMENTARY REGULATIONS" TO AMEND THE
REGULATIONS RELATING TO ADULT-USE CANNABIS BUSINESS
ESTABLISHMENTS
WHEREAS, a written application has been made to amend Chapter 19.90 of the Elgin
Zoning Ordinance entitled "Supplementary Regulations" to amend the regulations relating to
adult-use cannabis business establishments; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on September 14, 2020, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written findings and recommendation that the requested
amendments be approved; and
WHEREAS, the City Council concurs with the findings and recommendation of the
Community Development Department and the Planning and Zoning Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning,including but not limited to,regulations in the city's zoning ordinance
relating to cannabis business establishments, pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated September 14, 2020 made by the Community Development Department and the
Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by
reference as Exhibit A.
Section 2. That subparagraph A. of the "Adult-Use Cannabis Dispensing
Organization" definition in Section 19.90.015 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions and Regulations" be and is hereby amended in its entirety to read as follows:
"A. In addition to all state-imposed minimum distance limits, an "adult-use cannabis
dispensing organization" [SR] shall not be located within two hundred fifty feet
(250') of the property line of a pre-existing public or private preschool or
elementary or secondary school or daycare center, daycare home, group daycare
home, part day childcare facility, college, or university, or a publicly owned or
operated park or forest preserve, except that this distance limit shall not apply to a
publicly owned or operated park or forest preserve which is:
1. Less than or equal to 3,000 square feet in area;
2. Void of playground or recreational equipment intended for the use of
children; and
3. Located within a CC 1 center city district, CC2 center city district, or PCC
planned center city district.
Also,this distance limit shall not apply to areas within the CC 1 and CC2 center city
districts with enhanced streetscapes that are not identified as publicly owned or
operated parks, such as 67 S. Grove Avenue or those areas at the southwest corner
of Chicago Street and Grove Avenue, along DuPage Court between Grove Avenue
and Spring Street, and Riverside Drive.
The two hundred fifty foot (250') distance limit in this subsection A shall be
measured in a straight line from the nearest "lot line" [SR] of the "adult-use
cannabis dispensing organization" [SR] to the nearest "lot line" [SR] of the "land
use" [SR] from which the setback is sought; provided that if a "adult-use cannabis
dispensing organization" [SR] is to be situated in a distinct tenant space within a
multi-tenant building, then the setback described in this subsection A shall be
measured from the nearest demising wall of the distinct tenant space within the
building in which the "adult-use cannabis dispensing organization" [SR] is
proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the
setback is sought.
Section 3. That subparagraph A. of the "Medical Cannabis Dispensing Organization"
definition in Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled
"Definitions and Regulations" be and is hereby amended in its entirety to read as follows:
"A. In addition to all state-imposed minimum distance limits, a "medical cannabis
dispensing organization" [SR] shall not be located within two hundred fifty feet
(250') of the property line of a pre-existing public or private preschool or
elementary or secondary school or daycare center, daycare home, group daycare
home, part day childcare facility, college, or university, or a publicly owned or
operated park or forest preserve, except that this distance limit shall not apply to a
publicly owned or operated park or forest preserve which is:
1. Less than or equal to 3,000 square feet in area;
2. Void of playground or recreational equipment intended for the use of
children; and
3. Located within a CC1 center city district, CC2 center city district, or PCC
planned center city district.
Also,this distance limit shall not apply to areas within the CC 1 and CC2 center city
districts with enhanced streetscapes that are not identified as publicly owned or
2
operated parks, such as 67 S. Grove Avenue or those areas at the southwest corner
of Chicago Street and Grove Avenue, along DuPage Court between Grove Avenue
and Spring Street, and Riverside Drive.
The two hundred fifty foot (250') distance limit in this subsection A shall be
measured in a straight line from the nearest"lot line" [SR] of the"medical cannabis
dispensing organization" [SR] to the nearest"lot line" [SR] of the"land use" [SR]
from which the setback is sought; provided that if a "medical cannabis dispensing
organization" [SR] is to be situated in a distinct tenant space within a multi-tenant
building, then the setback described in this subsection A shall be measured from
the nearest demising wall of the distinct tenant space within the building in which
the "medical cannabis dispensing organization" [SR] is proposed to the nearest"lot
line" [SR] of the "land use" [SR] from which the setback is sought.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. KalVain,Mayor
Presented: October 28, 2020
Passed: October 28, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 28, 2020
Published: October 29, 2020 "
Attes y
C
Kimberly Dewis ty C erk
3
FINDINGS OF FACT
PETITION 22-20
ZONING ORDINANCE TEXT AMENDMENT
CANNABIS REGULATIONS
EXHIBIT A
September 14, 2020
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 22-20, an application by
the City of Elgin proposing a zoning ordinance text amendment to slightly modify the regulations
for cannabis business establishments, specifically regarding the 250-foot distance requirement
from pocket parks.
GENERAL INFORMATION
Petition Number: 22-20
Requested Action: Amend Chapter 19.90 of the Zoning Ordinance, "Supplementary
Regulations"to modify the regulations for cannabis establishments
Applicant: Development Administrator of the City of Elgin
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Development Application
B. Draft Ordinance
C. Ordinance No. G63-19 - Zoning Regulations for Adult-Use
Cannabis
Recommendation & Findings of Fact
Petition 22-20
September 14,2020
TEXT AMENDMENT SUMMARY
The City of Elgin is proposing a zoning ordinance text amendment to slightly modify the
regulations for cannabis business establishments, specifically regarding the 250-foot distance
requirement from pocket parks.
On December 18, 2019, following the adoption of the Illinois Cannabis Regulation and Tax Act,
which legalized the possession and personal use of cannabis,the City of Elgin adopted the zoning
regulations for adult-use (recreational) cannabis business establishments. Previously, in 2014,the
city adopted zoning regulations to allow medical cannabis dispensing organizations and medical
cannabis cultivation centers. The regulations for medical cannabis establishments were modified
in 2019 to match the regulations for recreational cannabis businesses.
In general, the city's cannabis regulations can be summarized as follows:
1. Dispensing organizations(recreational and medical)are allowed as a conditional use in the
commercial NB Neighborhood Business, AB Area Business, and CC 1 and CC2 Center
City zoning districts with a 250-foot setback from all schools, colleges, universities,
daycare facilities, group homes, and public parks and forest preserves;
2. Cultivation centers,craft growers,processing organizations,and transporting organizations
are allowed as conditional uses in the industrial GI General Industrial and ORI Office
Research and Industrial zoning districts with the same 250-foot setback as dispensing
organizations;
3. Testing facilities are allowed as a permitted use in the CI Commercial Industrial, GI
General Industrial, and ORI Office Research and Industrial zoning districts, and do not
have to comply with the 250-foot setback;
4. Applications for cannabis businesses allowed as a conditional use have to include a copy
of the application for state license with all accompanying documents, an inventory control
plan, a floor plan, a plan to handle cannabis waste, and a security and lighting plan, which
must be reviewed by the Elgin Police Department prior to the zoning public hearing;
5. On-premises consumption of cannabis at cannabis businesses is prohibited;
6. Cannabis and cannabis-infused products can only be sold from dispensing organizations;
7. Dispensing organizations are not permitted to have component or accessory uses, but
cultivation centers,craft growers,processing organizations,and transporting organizations
could co-locate;
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Recommendation & Findings of Fact
Petition 22-20
September 14, 2020
8. Prior to the city's issuance of an occupancy permit,a cannabis business establishment must
file a copy of all required sate licenses to operate.
The 250-foot distance requirement applies to the 1,220-square foot Advocate Park located at the
southwest corner of E. Chicago Street and Spring Street and the 2,765-square foot city-owned
property at 67 S. Grove Avenue. As such, Advocate Park eliminates the 100 block of Chicago
Street for consideration by a cannabis dispensary and 67 S. Grove eliminates the blocks along
Grove and Spring, between DuPage Court and Fulton Street.
Cannabis ELGIN
Dispensing Organization
CC1 &CC2 Permitted Areas
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Figure 1.Current map of properties eligible to apply for a cannabis dispensary in CC1 and CC2 Districts
Proposal
Staff proposes amending the 250-foot distance requirement such that Advocate Park and 67 S.
Grove Avenue would no longer be sensitive land uses from which a cannabis dispensary must be
250 feet away (Figure 2).
The following publicly owned parks or forest preserves would be excluded:
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Recommendation & Findings of Fact
Petition 22-20
September 14, 2020
a. those 3,000 square feet or less;
b. those without any playground or recreational equipment intended for children,and
C. those zoned CC Center City,CC2 Center City,or PCC Planned Center City.
The amendment would make available for consideration by a cannabis dispensary the 100 block
of Chicago Street and the blocks along Grove and Spring, between DuPage Court and Fulton
Street. These areas should be viable locations for a cannabis dispensary to consider. Dispensaries
would still have to meet the 250-foot distance requirement from schools,daycare centers,and other
parks or forest preserves located in Downtown Elgin and across the City.
No other changes to existing regulations for cannabis business establishments is proposed.
_ Cannabis F-IcIN
Dispensing Organization
CC1 &CC2 Permitted Areas
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Figure 2. Proposed map of properties eligible for a cannabis dispensary in CC and CC2 Districts
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Recommendation & Findings of Fact
Petition 22-20
September 14,2020
State of Illinois application process
Recreational Cannabis Dispensaries
The applications for the State of Illinois license for recreational cannabis dispensaries were due to
the State on January 1,2020. Per the Illinois Cannabis Regulation and Tax Act,the State can issue
a total of 75 licenses in the first round of applications across 17 regions of the State.The Chicago-
Naperville-Elgin metro area region is slated to receive 47 licenses. As part of the State application
process, the applicants were not required to have approval from a local municipality for their
desired location for a cannabis dispensary -- likely the reason why Elgin has not yet received a
formal application for a dispensary.
The State received applications from over 900 different individuals and groups, most of which
submitted multiple applications. The State licenses were initially expected to be awarded by May
1, 2020. However, due to the COVID-19 pandemic, the State delayed the issuance of the first 75
licenses,which are now expected to be awarded through lottery sometime this month.
Recreational Cannabis Cultivation Centers, Craft Growers, Infusers, and Transporters
The applications for the State of Illinois license for recreational cannabis craft grower, infuser
organization (infuser), and transportation organization (transporter) were originally due to State
on March 16, 2020. Due to COVID-19 pandemic, the deadline was extended to April 30, 2020.
Per the Illinois Cannabis Regulation and Tax Act, the State can license up to 40 cannabis craft
growers, 40 cannabis infusers, and unlimited cannabis transporters. The State was originally
supposed to issue these licenses by July 1, 2020. However, due to COVID-19 pandemic, the
issuance of the licenses has been postponed and is now expected by December 31, 2020.
There are currently 21 licensed recreational cannabis cultivation centers in the State. The State is
not authorized to issue any additional licenses for recreational cannabis cultivation centers until
July 21, 2021.
The City of Elgin has received eight incomplete applications for conditional use for a recreational
cannabis craft grower, infuser, and/or transporter. Most of the applications were received prior to
the March 16, 2020 State license deadline because the State application required the applicants to
demonstrate that they have at least applied for local zoning approval. The applicants understand
that the City will process only those applications that receive State approval.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 22-20 on September 14,2020.Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Development Application Review and Written Findings & Recommendation to the Planning&
Zoning Commission dated September 14, 2020.
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Recommendation & Findings of Fact
Petition 22-20
September 14, 2020
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
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