Lincoln Park — The City Council on Dec. 23 approved first and second readings of a zoning change that would permit marijuana retail establishments as a special land use in the municipal business district, passing on a 4-3 roll-call vote.
Councilwoman Dupre moved the ordinance readings and Councilman Baer seconded the motion; Councilmembers Duprey, Baer, Nichols and Mayor Tobin voted yes, while Councilmembers Ross, Salcedo and Zohr voted no. The motion was the first step in a multi-stage process; passage does not authorize any business to open immediately.
Jason Kaviser of the Clark Hill law firm, who the council asked to attend, told the council that the measure is only “one step in what could be very many steps.” He explained the procedural sequence that would follow — amendments to chapter 253 if needed, site-plan review, special-land-use approval, state compliance checks, and an application process that could include fees and vetting of a retailer’s ownership, security plan and financials.
An unidentified council member opposed bringing the amendment forward at this time, saying, “I don't understand why there's a rush to do this” and urging respect for the voter-approved limits on retailer location. Another council member urged putting the issue back on the ballot so voters could decide location and the number of licenses.
Supporters said allowing retail in a municipal business district could revive long-vacant properties and add to the city tax base. As the chair put it, the ordinance would permit “special land use” in the municipal business district but would not grant a license or allow a retailer to move in without subsequent approvals and conditions specified by council or planning commission.
Kaviser warned that, even in a best-case scenario, “we're still a year and a year and a half” before a business could be operating, because of required amendments, applications and site approvals.
Next steps: because the readings were approved as requested, any changes to parking, setbacks or operational requirements would be set by later ordinance language and planning decisions before any license transfer or new retail opening occurs.