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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: October 3, 2019
SUBJECT:
An Ordinance Approving a Text Amendment to Ordinance Number 3100, being the Aurora Zoning Ordinance to modify certain portions being Section 3.3 Definitions, Section 4.3 Special Uses & Structures and Table One: Use Categories (City of Aurora - 19-0872 / KDWK-19.171-TXT/AZO - ES)
PURPOSE:
A proposed Text amendment modifying certain portions of Section 3.3 Definitions, Section 4.3 Special Uses and Structures and Table One: Use Categories of Ordinance Number 3100 being the Aurora Zoning Ordinance regarding Cannabis Uses in the City of Aurora in response to recent State of Illinois legislation.
BACKGROUND:
On June 25, 2019, the Cannabis Regulation and Tax Act (P.A.101-0027), was signed into law by the State of Illinois, effective January 1, 2020. The Act legalizes the purchase, possession and private use of cannabis by adults 21 years of age or older for recreational use. The majority of the law pertains to the sales, processing, distribution, taxes and eligible users of cannabis.
The Act allows Local Government to have zoning authority to prohibit (opt out) or limit the location of cannabis business by enacting reasonable zoning regulations as long as they are not in conflict with the Act. These regulations may include designating the time, place, manner and number of cannabis operations, including minimum distances between certain locations. The Local Government cannot license cannabis facilities as licensing authority remains exclusively under state jurisdiction.
Generally, the Act also limits dispensaries from locating within 1,500 feet of another dispensary. Only dispensaries will be open to the public and the State has limited the amount of dispensaries to the Chicago-Naperville-Elgin area, which includes Aurora, to 47 dispensaries.
DISCUSSION:
Using the already established zoning ordinance regulations for medical cannabis and expanding it to cover the new cannabis regulations, the following modifications to the Aurora Zoning Ordinance regulations:
• Establish use categories and definitions for Cannabis Dispensing Facilities, Cannabis Processing Facilities, Cannabis Infuser Facilities, Cannabis Transporting Facilities, Cannabis Cultivation Facilities, and Cannabis Craft Grower Facilities that replicate those established in the State Act
• Establish these facilities as special uses with Specific Regulation standards for each. Also, establishing a limit to the number of establishments in the City of Aurora. Of the four dispensaries allowed, two will be reserved for social equity candidates in the Disproportionately Impacted Areas as outlined by the State and the attached map. Establishing a limit on the number of dispensaries along with experience requirements through the special use process will further promote the safety and welfare considerations for the citizens of Aurora. As recreational cannabis is a new industry in Illinois, and a cash business, it is the upmost importance to have experienced operators of dispensaries.
• Amend the Use Categories Table to establish these facilities as special uses in certain zoning districts.
The specific text amendments are detailed in the attached Draft Ordinance.
PUBLIC INPUT: Due public notice was given for the public hearing on this matter.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Approving a Text Amendment to Ordinance Number 3100, being the Aurora Zoning Ordinance to modify certain portions being Section 3.3 Definitions, Section 4.3 Special Uses & Structures and Table One: Use Categories.
ATTACHMENTS:
Exhibit "A" Text Amendment
Legistar Number: 19-0872
cc:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Approving a Text Amendment to Ordinance Number 3100, being the Aurora Zoning Ordinance to modify certain portions being Section 3.3 Definitions, Section 4.3 Special Uses & Structures and Table One: Use Categories
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq. (the “Act”), which pertains to the possession, use, cultivation, transportation and dispensing of adult-use cannabis, which became effective June 25, 2019; and
WHEREAS, pursuant to the Act, the City may enact reasonable zoning regulations or resolutions not in conflict with the Act, regulating cannabis business establishments, including rules governing the time, place, manner and number of cannabis business establishments, and minimum distance limitations between cannabis business establishments and locations the City deems sensitive; and
WHEREAS, the City Council of the City of Aurora has determined that it is necessary and desirable to amend Ordinance Number 3100, being the Aurora Zoning Ordinance, in order to update and improve certain Sections of said Ordinance to better carry out the purpose and intent of the Act and regulate cannabis business establishments as authorized by the Act; and
WHEREAS, on October 2, 2019, the Aurora Planning Commission, after publication of notice, held a public hearing on proposed amendments to the text of the Aurora Zoning Ordinance and recommended approval of the proposed amendment attached hereto as Exhibit "A" and incorporated herein; and
WHEREAS, the City Council approves and adopts the findings and recommendation of the Planning Commission, as to the Aurora Zoning Ordinance amendment attached hereto as Exhibit "A" and;
WHEREAS, the City Council has determined it necessary for the public safety and welfare of the citizens to make cannabis establishments a special use in designated zoning districts, to limit the number of dispensaries in the City of Aurora as well as provide conditions on the eligibility of an applicant for a special use permit, such as experience and social equity requirements due to the unique nature of cannabis business establishments and the social equity goals of the Act.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That the amendments to Ordinance Number 3100, being the Aurora Zoning Ordinance, are hereby adopted as set forth in said Exhibit “A”.
Section Three: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Four: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Five: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.