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01/27/2014Study Session: Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations January 27, 2014 Page 1 M DES PLAINES ILLINOIS DES PLAINES PLAN COMI\flSSION I FF.FTING .JANUARY 27, 2.014 MINUTES The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, January 27, 2014 at 7 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar, Lane, Niemotka, Perez, Yi ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Scott Mangum, AICP, Senior Planner/Community & Economic Development Gale Cerabona, Recording Secretary Chairman Niemotka called the meeting to order at 7 p.m. Roll call was conducted. APPROVAL OF MINUTES: A motion was made by Commissioner Lane, seconded by Commissioner Bar, to approve the meeting minutes of January 13, 2014. AYES: Lane, Bar, Niemotka, Perez, Yi NAYES: None ***MOTION CARRIED UN N[MOUSLY (5-0) *** Commissioner Yi stated he believes the minutes shoul d be signed by the recorder. NEW BUSINESS Chairman Niemotka noted this evening's topic to the Plan Commission. 1. Address: Citywide Case Number: N/A Study Session regarding Public Act 98-0122, "Compassionate Use of Medical Cannabis Pilot Program Act" and potential zoning regulations related to cultivation centers and dispensary organizations. Chairman Niemotka asked Staff to present the subject. Mr. Mangum shared that this evening's meeting is a study session to discuss Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations. Issue: The State of Illinois recently approved legislation to authorize Medical Cannabis Cultivation Centers and Dispensing Organizations and these uses are not currently addressed within the City's Zoning Study Session: Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations January 27, 2014 Page 2 Ordinance. In December the City Council directed the Plan Commission to hold a public hearing on the question of whether the Zoning Ordinance should be amended to include Cultivation Centers or Dispensing Organizations as conditional uses and make a recommendation to the City Council regarding the same along with any other conditions that should be attached to the zoning of Cultivation Centers or Dispensing Organizations. Analysis: On August 1, 2013, Governor Pat Quinn signed Public Act 98-0122, entitled the "Compassionate Use of Medical Cannabis Pilot Program Act" into law. The Act, which has an effective date of January 1, 2014, authorizes qualifying patients that have been diagnosed by a physician as having a debilitating medical condition, as defined by the Act, to use cannabis without being subject to arrest, prosecution, or denial of any right or privilege for the medical use of cannabis in accordance with the Act. Under the Act, facilities to cultivate medical cannabis ("Cultivation Centers") and distribute medical cannabis ("Dispensing Organizations") are subject to specific statutory regulations as well as reasonable zoning ordinances enacted by municipalities. A summary of the Act is provided as Attachment 1. The statutory regulations already limit the location of Cultivation Centers to not closer than 2,500 feet from 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 residential use. Up to twenty two (22) Cultivation Centers, no more than one per each Illinois State Police District, may be registered in the State for operation by the Illinois Department of Agriculture. Additionally, 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 residential use. Up to sixty (60) medical cannabis dispensaries throughout the State may be registered for operation by the Illinois Department of Financial and Professional Regulation. Attachments 2 and 3 are draft maps that demonstrate prohibited areas within the City per the distancing requirements in the Act. The Act does allow for municipalities to enact reasonable zoning regulations. Several communities have either adopted, or are in the process of considering, related ordinances. Attached are proposed amendments from Lake County and adopted changes from the City of Naperville and the Village of Barrington. Lake County convened a multi jurisdictional taskforce of member communities which came up with model regulations including distancing requirements, setbacks, signage, access, hours of operation, odor, security and video surveillance. Recommendation: The Plan Commission should review the attached materials as preparation for a future Text Amendment to the City's Zoning Ordinance. Attachments were read and explained: Attachment 1: Summary of State Act, Marijuana Policy Project Attachment 2: Map of Possible Cultivation Locations based on State Distancing Requirements Attachment 3: May of Possible Dispensing Locations based on State Distancing Requirements Attachment 4: Proposed Lake County Amendments Attachment 5: City of Naperville Ordinance Attachment 6: Village of Barrington Ordinance Study Session: Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations January 27, 2014 Page 3 Mr. Mangum relayed that based on the ability to construct residential units; Districts C3 & C5 are shown as excluded areas on the maps. Mr. Mangum advised that this is being presented so that everyone knows what's out there in the State legislation and in other communities prior to drafting a text amendment for the City of Des Plaines. Chairman Niemotka asked if the Commission has any questions. Commissioner Bar noted: • the State is only asking for 60 dispensing units. How are the licensing regulated? Mr. Mangum advised there is not a geographic restriction on how many dispensaries can be located in different areas of the state. It remains to be seen what the demand will be. The State has not completed administrative rules so licenses are not issued yet. Des Plaines has not received any inquiries as of yet. Chairman Niemotka inquired: • if someone wants to operate in Des Plaines, would they get their State permits first then approach the City of Des Plaines? Mr. Sakas, who was on the Lake County Task Force, replied — yes, there is likely to be an expansion of licenses in the future. Chairman Niemotka clarified this is strictly for medical use. Mr. Sakas stated the State regulations will be distributed in April and noted a lot of municipalities are trying to develop ordinances before the regulations come out. • about the Cultivation & Dispensing locations. Mr. Sakas responded that the size/acreage of these centers is unknown. Likely, the centers in northern Illinois will be closer than in southern Illinois. The Lake County Task Force has assumed there will be an expansion. Based on the map and standards, the municipalities can change the distance or add others. Clarification is needed on definitions (school, day care center) as well as performance standards (signs, video cameras, security systems, landscaping, fencing, lighting, parking); local ordinance may include this or not. Chairman Niemotka commended Mr. Sakas as a great resource of information. Mr. Sakas advised this is not the venue to discuss the merits of medical marijuana. We are here to devise a local ordinance. Des Plaines has areas/locations for a Cultivation or Dispensing center. The law indicates that this is a 4 -year pilot program. Chairman Niemotka: • advised that Des Plaines has an advantage with the expressway & airport location. Does one have to be a resident of Illinois? Mr. Sakas advised — yes, one must have a card (indicating their dosage per day — i.e. 2.5 oz., etc.). Different from a doctor with a firm prescription, one receives a card then goes to a Dispensing center and makes a request (14 -day supply, etc.) • inquired if a card holder can go to various Dispensing centers? Mr. Sakas advised one must register at one location. In the Task Force, Mr. Sakas noted the banks won't do business with the Dispensing centers. Therefore, there will be a lot of cash. This may raise issues for security. Where will the users & Brinks trucks enter (front or rear)? Study Session: Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations January 27, 2014 Page 4 Commissioner Bar stated: • that users will find the centers. Putting up a sign could be a mistake. Would like to see an ordinance regarding signage. Mr. Sakas referred to Attachment 6 (Village of Barrington), letter F, noting various words cannot be used on signage. Mr. Sakas reiterated that tonight's public meeting is intended to obtain feedback then schedule a meeting in February for a public hearing with recommendations. Commissioner Perez asked: • will the City have any control/reports of the sales (legitimacy of accurate sales)? Mr. Mangum advised that the City could consider operational regulations such as the hours of operation ; the State may keep records of sales. Commissioner Bar suggested: • there must be regulations from Cultivation centers to Dispensing units. Mr. Sakas advised the State may audit and regulate this and doesn't believe the City will be involved. Commissioner Lane asked: • where will patrons be able to use the cannabis? Mr. Sakas advised — in their residences. • how long are surveillance tapes kept (for security)? Mr. Sakas referred to the document and believes this is dependent on technology (i.e. live feed, etc.). No time is indicated. The Police may be privy to this. • about odor control. Mr. Sakas advised there would be smells. • how specific can the municipality regulate the smell? Mr. Sakas stated this is relative; there is regulation for odor control. Commissioner Bar asked: • how can municipalities regulate security (for potential robberies, etc.)? Commissioner Perez stated this facilitates problems for the Police and taxpayers. Mr. Sakas suggested cameras and lighting all around the building. Audience Member, Michael (& Caren) Raymond, 1518 S. River Road in Des Plaines, advised: • medical prescriptions will not be easily accessed (there may only be 5 people requiring this in Des Plaines) Commissioner Perez noted: • the risk with signage as it may attract residents. Commissioner Bar compared this to pharmacy security (locked meds, etc.). Mr. Sakas asked if Commissioners are in favor of: • Security cameras • Lighting yes yes Study Session: Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations January 27, 2014 Page 5 • Hours of operation TBD (Mr. Sakas advised the State may regulate this) • Fencing yes, for Cultivation centers • Parking Commissioner Bar commented this may have to be on a case- by-case basis for conditional use • Deliveries (marijuana & cash) may be based on location Chairman Niemotka raised: • the issue of Des Plaines being a hub for transportation. Commissioner Bar replied one must still have a card to make a purchase. Mr. Sakas referred to "Protected Uses" (preexisting parks, forest preserves, places of worship). What if a Dispensing center is built and then a day care center opens nearby? Commissioner Bar responded that the new business (such as a day care center) should not be able to build within so many feet. Mr. Sakas stated the ownership is not the issue but rather if the use discontinues; a time frame is needed. The State notes school and child-care facilities cannot be within 1,000 feet. Lake County, for park and forest preserves, is 500 feet. Commissioner Bar is comfortable with 1,000 ft. for parks or forest preserves — not 500 feet (do not need to add language as Lake County did). Mr. Sakas clarified how Lake County differentiates the varied footage. Chairman Niemotka asked: • what criteria is used for the map. Mr. Mangum advised the State indicates a Dispensing center cannot be within 1,000 feet; C3 & C5 districts were included. Chairman Niemotka referred to City of Chicago including M districts. Mr. Sakas advised the centers may or may not be stand-alone buildings. Chairman Niemotka advised: • this should be very controlled • there is validity that medical marijuana does work (as opposed to morphine) • that we need to be sure this is safe for the City of Des Plaines Commissioner Bar suggested: • striking the "preexisting residential". Mr. Sakas asked if Staff can produce the footage. Mr. Mangum advised that he could. Commissioner Lane asked: • how is a park defined? Mr. Mangum asked if we should identify the distance (aside from State regulations)? Commissioner Bar suggested striking "residential zoning district". Mr. Sakas asked if 30 feet is acceptable from property line. Commissioner Lane gave a scenario when this wouldn't apply. Study Session: Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations January 27, 2014 Page 6 Mr. Sakas summarized that we have reviewed what other cities have done. Now Des Plaines will have to write an ordinance with language for certain footages between Dispensaries. Discussion ensued regarding various scenarios. Chairman Niemotka inquired: • since the Department of Agriculture is the regulating agency, how are Police involved? Messrs. Sakas & Mangum stated the Police will follow State regulations. Mr. Sakas continued about parking, fences, landscaping: • Commissioner Bar suggested o separating regulations regarding Cultivation centers from Dispensing centers o parking should be visible for Dispensaries and behind a fence for a Cultivating unit o Both center -types should be well lit Mr. Sakas asked who may enter the premises. Discussion ensued about ages, caregivers. Mr. Mangum clarified that: • cards may not be issued to those under 18 years of age • patrons/residents must not use cannabis "knowingly in close proximity to anyone under the age of 18 years old" • a 21 -year old is deemed a "designated caregiver". Chairman Niemotka reiterated same. Messrs. Sakas & Mangum noted this is the State regulation. Commissioner Lane asked: • if an 18 -year old can be an employee. Mr. Sakas & Chairman Niemotka reminded that under age individuals may be employed there but they cannot sell (like Jewel Foods, etc.). Mr. Sakas continued about: • Signs Commissioner Bar suggested size and content should be limited (and not indicate "marijuana" or "cannabis") • No Paraphernalia yes Mr. Sakas asked Commissioners to consider: • No drive-thru service • Surveillance • Loitering Mr. Sakas suggested Commissioners read this document again before the February meeting. Mr. Mangum summarized that Lake County had the most regulations, and Naperville & Barrington were less regulated. Mr. Sakas noted clarification as written (regarding schools, etc.). Mr. Mangum stated Study Session: Zoning Restrictions on Medical Cannabis Cultivation Centers & Dispensing Organizations January 27, 2014 Page 7 Naperville does specify retail sales regulations per square footage of facility. Commissioner Bar stated this could nullify the setback for storefront usage. Audience Member, Michael Raymond, asked: • about retail space, and is there any other product that can be sold? Mr. Mangum shared that Naperville stated 10% of sales (something other than medical marijuana) could be retail and advised that Des Plaines can decide what is best. Commissioner Bar is reading this as a one - product business. Commissioner Lane asked: • why pharmacies aren't handling this? Audience Member, Michael Raymond, replied because this is not FDA approved. Mr. Mangum noted some cities differentiate between conditional vs. permitted uses. Mr. Sakas suggested some potential conditional & permitted uses. Mr. Sakas stated the next meeting is slated for February 24. A public hearing may include 1-2 nights. Commissioners are asked to digest this document, make recommendations, and then these suggestions will be submitted to City Council. Chairman Niemotka asked if a speaking limit for the public is appropriate — perhaps 5 minutes each. Commissioner Bar stated 5 minutes may be too long (based on the crowd). Chairman Niemotka asked if the audience has any questions. There were none. ADJOURNMENT: A motion was made by Commissioner Perez, seconded by Commissioner Bar, to adjourn the meeting at 8:41 p.m. AYES: Perez, Bar, Lane, Niemotka, Yi NAYES: None * * *MOTION CARRIED UNANIMOUSLY (5-0) Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Plan Commission