Cannabis is a current hot topic in Normal and will continue to be throughout the summer. The town council is considering making amendments to its zoning ordinances for dispensaries and has been sued regarding its approval for the High Haven dispensary.
Proposed Zoning Changes:
The town council is looking at revising its zoning ordinance after issues arose during the permit process for two cannabis dispensaries earlier this year. The main issue driving the action arose during the approval process for Revolution dispensary on West Raab Road. During that process there was some contention between the applicants and the owner of a day care center.
Revolution’s approved sight meets setback requirements regarding proximity to day care centers. The requirement is 100 feet. Shining Star Learning Center is located across Raab Road 348 feet away.
Revolution’s site is in the shopping center on Northpoint Drive on the south side of Raab Road with Normal Maytag Coin Laundry and Gloria Jean’s Coffee. Shining Star is located on Trader’s Circle behind Steak and Shake on the north side of Raab Road.
One of Normal’s proposed changes is to increase the required 100 feet distance between a cannabis dispensary and daycare center to 200 feet.
The other proposed change would bring Normal’s ordinance more in line with state requirements by not allowing a cannabis dispensary to be located within 1500 feet of another such facility.
Councilmember Kathleen Lorenz would like to see more changes.
“I will continue during the next 30 to 60 days to bring out some other issues with my council colleagues, things that maybe have to do with looking at possibly capping the number (of dispensaries),” said Lorenz. “If it comes back to us … exactly as it has been drafted I may not be able to support it at that point in time,” said Lorenz.
After getting approval for the site in May Mark Steinmetz, Co-Owner of Revolution said, “You know the boogeyman has always been cannabis. And the boogeyman back in the 20’s was alcohol. And there is not a lot of talk about personal responsibility or use in moderation.”
“It’s if you are using it at all you are going to get high.” said Steinmetz. “I mean if you open a bottle of wine you are going to open five bottle of wine and get drunk. It’s the same analogy and it’s just ridiculous.”
The next step in the zoning change process is a public hearing at the August 10 Normal Planning Commission meeting.
Lawsuit:
Jeff Fritzen, a former Normal town councilmember filed suit against Normal and High Haven Dispensary on June 12. Fritzen argues the High Haven Special Use Permit approved by the the town is illegal. He bases that argument on Normal’s zoning ordinance.
Normals ordinance includes a section that says, “No application for a Special Use (Permit) which has been denied wholly or in part by the President and Town Council shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof of change conditions found to be valid by the President and Town Council.”
Normal Corporate Attorney Brian Day said, “His (Fritzen’s) interpretation of our ordinance is not correct and we are preparing a response that should be filed shortly.”
“The ordinance prohibits resubmitting an application unless there are certain conditions that have changed circumstances,” said Day. “The town’s interpretation has been it only limits resubmission of the same application. If you submit a different application or ask for something different than the original application the ordinance doesn’t limit the second application.”
Fritzen raised the issue regarding the ordinance while speaking against the High Haven application at the May 1 council meeting.
During his May speech Fritzen also spoke out about; what he called the serious physical and mental aspects of cannabis, the fact that cannabis is still a prohibited substance by the federal government, the potency of cannabis increasing, the impacts on safety resulting from impaired driving, and other matters he considered associated with cannabis use.
Gabe Judd, Lead Counsel for High Haven, after getting their permit approved in May, spoke regarding members of the public that opposed the companies application.
“The opposition, which is clearly in favor of a complete and total prohibition of cannibis, so essentially undoing the laws that currently exist in Illinois, they were getting emotional and making moral and ethical arguments, which is fine, but that’s not the proper criticisms when objecting to a Special Use Permit applicant,” said Judd.
“We have to be careful in this country where you can’t pick or choose whether or not you like or dislike a business you need to make your arguments based on what the facts are and where they may or may not be meeting those requirements (for obtaining the permit),” said Judd.
“I am glad to see that the council was very focused on those issues today and helped educate the opposition that while you may not like it, here is what our considerations are. This is what the current law is and we are a country that respects our laws and applies them. And while you may not like that, sorry, we are a country of laws. We need to respect that,” said Judd.