Tuesday, 29 April 2014

Towns ready for possibility of medical marijuana facilities

As St. Charles moves to limit future medical cannabis facilities to one zoning district on the city’s east side, officials in Batavia say they are satisfied with regulations set out in the state law that was passed last year.


On Monday, the St. Charles City Council will vote on an ordinance that mirrors standards in the state law but goes farther to restrict the location of medical marijuana dispensaries and cultivation centers to one district zoned for manufacturing.


Aldermen recently signaled their support for the proposed ordinance at a committee meeting, despite a Plan Commission recommendation to allow the facilities in an additional district.


“In looking at this from an administration standpoint, it would be easier if we knew that all these uses were in this in one zoning district … and it would be easier to track these uses,” said Matthew O’Rourke, economic division manager for the city.


The Illinois law, which took effect Jan. 1, restricts cultivation centers from being located within 2,500 feet of schools, child care facilities, group homes or an area zoned for residential use. Dispensaries, where patients go to pick up cannabis products, cannot be located within 1,000 feet of schools, child care facilities or group homes. They also cannot be located in a house, apartment or an area zoned for residential use.


O’Rourke said that because the city allows residential uses, such as assisted-living facilities, in many of its commercial districts, it would be difficult to “avoid conflicts” between the regulations if facilities could set up shop in other districts.


Meanwhile, discussions on zoning regulations in Batavia have been dropped, for now.


At a meeting in February, the Batavia Joint Committee on the Whole decided not to pursue regulations on medical marijuana dispensaries and cultivation centers beyond the guidelines laid out in the state statute, said Scott Buening, director of community development.


“They were content with, at this point, just going with what’s in the statute — that’s not to say that won’t change later on,” said Buening, who introduced the topic to the committee. “We wanted to see if they wanted to propose anything.”


According to city documents, Batavia aldermen felt the state rules were “stringent enough” and that there was “no need to impose further restrictions.”


Once the state finalizes administrative rules and regulations for medical cannabis later this year, only 22 cultivation centers — one per policing district — will be allowed in the state. A total of 60 dispensaries will be permitted.


There have been inquiries about establishing a dispensary in St. Charles and Batavia, though no concrete proposals have been brought forward, city officials said.


Still, before a prospective dispensary or cultivation center owner submitted a proposal to the city, the state would have to approve application and their desired location, O’Rourke said.


Based on the rules set out in the state law, Kane County would get at most one cultivation center and just a couple dispensaries, Buening said.


“I’m not sure what the likelihood we’re going to get anything is, but it’s getting smaller and smaller as time goes on and the regulations keep changing,” Buening said.


In Geneva, city staff have begun researching how the state statute applies to the city’s zoning ordinances. Kevin Stahr, communications director for the city, said that because Geneva is primarily a residential city there are “very limited opportunities” for medical cannabis facilities to be located in the city.


“The city is still researching this matter and does plan to bring a full report to the City Council in the future,” Stahr said. “The report is going to present all the options to the City Council along with recommendations on how to best proceed moving forward.”


He added that it was too early to say whether staff would recommend restrictions beyond those in the state law.


sbaer@tribune.com | Twitter: @skbaer


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Towns ready for possibility of medical marijuana facilities

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