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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: March 10, 2023
SUBJECT:
An Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the Property located at 1350 N. Orchard Road (Fly Society Group of Aurora, LLC dba AuraLight - 23-0138 / SG12/4-23.080-CU - TV - Ward 5)
PURPOSE:
The Petitioner, Fly Society Group of Aurora, LLC dba AuraLight, is requesting approval of a Conditional Use for a Cannabis Dispensing Facility (2115) use on Lot 7 of Orchard Road Subdivision located at 1350 N. Orchard Road.
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. Subsequently, the Aurora City Council passed Ordinance Number O19-072 on October 22, 2019, requiring a Conditional Use permit for qualifying Cannabis Dispensing Facilities with the Conditional Use Permit being permissible in the B-2, B-3, DC, ORI, M-1, and M-2 Districts and business area of PDD.
The Subject Property is currently a vacant lot with PDD Planned Development District zoning. This property is part of the USAA Planned Development District and was designated for commercial when it was preliminary planned and platted in May of 2000. In February of this year, the Tito Group, LLC received approval of a Final Plan for the construction of 5,053 square foot retail building with the ability to construct an 8,500 square foot building addition to the south as part of a future phase.
The Petitioner, Fly Society Group of Aurora, LLC dba AuraLight, is requesting approval of a Conditional Use for a cannabis dispensing facility within the 5,053 square foot portion of the proposed building which is currently in for permits.
DISCUSSION:
As part of the Conditional Use review, Staff reviewed the request per the requirements as stated in the Conditional Use section for cannabis dispensing facilities. These regulations are as follows:
i. Facilities shall at all times comply with all requirements, rules and restrictions, including without limitation, geographic location restrictions, as set forth in the Compassionate Use of Medical Cannabis Pilot Program Act (IL Public Act 098-0122) and the Cannabis Regulation and Tax (IL Public Act 101-0027) or as modified by applicable law, and shall at all times comply with the terms and conditions of any Conditional Use permit that may be granted in the future.
The facility will need to comply with the requirement of the Compassionate Use of Medical Cannabis Pilot Program Act (IL Public Act 098-0122) and the Cannabis Regulation and Tax (IL Public Act 101-0027) in order to obtain a license with the State.
ii. On or after January 1, 2020, no more than four (4) adult use cannabis dispensary Conditional Uses, may be established within the Aurora City limits. The City Council is authorized to evaluate and implement adjustments to the number of adult use cannabis dispensary Conditional Uses within the City in order to maintain public health, safety, and welfare as well as promote economic development. Such adjustments to the number of Conditional Uses shall be established via resolution. Any proposed changes shall start at the Building Zoning and Economic Development Committee.
Of the four-cannabis dispensary Conditional Uses within the City, two (2) shall be reserved and issued for social equity candidates, in order to maximize the state legislature’s intent of section 7-1, article h of the Cannabis Regulation and Tax Act. 410 ILCS 705/7.
Non-social equity candidates are required to meet the following requirements for adult use cannabis dispensary Conditional Use in order to promote public health, safety and welfare:
a. Applicants must establish a minimum of two years of cannabis sales experience (either as a medical dispensary in Illinois, or as a recreational dispensary in another state).
Fly Society Group of Aurora, LLC dba AuraLight has been awarded a Conditional Adult Use Dispensing Organization License by the State as a social equity applicant.
iii. Facilities shall abut an arterial street as shown on the City of Aurora Comprehensive Plan. No more than one (1) dispensary shall be located on a single arterial. A dispensing facility may not be located within a mile and a half (1 ½) of a preexisting Conditional Use dispensing facility.
The proposed location in along Orchard Road which is an arterial street and is not located within a mile and a half (1½) of a preexisting Conditional Use dispensing facility within the city.
iv. Facilities shall not be located within seven hundred and fifty feet (750’), measured from property line to property line, of a grade school, middle school, alternative school, or high school. The authorization of a Conditional Use for this purpose should not be affected by subsequent establishment of a school within the restricted area.
The facility is not located within seven hundred and fifty feet (750’) of a grade school, middle school, alternative school, or high school.
v. A facility shall not be located adjacent to a licensed day care facility. For the purpose of this limitation, in the case of a standalone building “adjacent” means physically abutting the lot, or in the case of a single structure containing multiple units comprising a shopping center or similar facility, in the unit directly adjoining a unit containing the licensed day care facility.
The facility is not located adjacent to a licensed day care facility.
vi. No cannabis or paraphernalia shall be displayed or kept at the facility so as to be visible from outside the premises including but not limited to depiction on signage.
There will not be cannabis or paraphernalia displayed or kept at the facility so as to be visible from outside the premises.
vii. Onsite Use Is Prohibited. No cannabis shall be smoked, eaten or otherwise consumed or ingested on the premises.
There will not be any onsite consumption of cannabis.
viii. Facilities shall have operating hours not earlier than 8 a.m. and not later than 10 p.m.
The hours of operation will be from Monday thru Saturday from 9am to 9 pm and Sundays from 10am - 6 pm.
ix. Co-locations: The City may approve the co-location of a Cannabis Dispensing Facility with a Cannabis Craft Grower Facility or a Cannabis Infuser Facility, or both, subject to the requirements of State law, zoning requirements and the Conditional Use criteria within this ordinance.
Not applicable
x. Additional conditions may be imposed as part of the Conditional Use approval to provide for compatibility with adjacent uses and mitigate potential impacts from the dispensing operation.
Not applicable
xi. The following items shall be submitted as part of the Conditional Use request:
a. A plan for disposal of any cannabis or byproducts that are not sold to a purchaser or registered qualifying patient or caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal and shall abide by applicable state or local regulations.
b. A security plan that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations.
c. A copy of the operating procedures adopted in compliance with state statutes. Said operations procedures should include provisions with minimum requirements for facility employees or volunteers (paid or unpaid) including individuals must be at least 21 years of age and must pass a criminal background having not been convicted of a felony under any federal or state law or having been convicted of a violation of any federal, state or city law concerning the manufacture, possession or sale of controlled substances or alcoholic liquor.
d. A plan for ventilation of the facility that describes the ventilation systems that will be used to prevent any odor of cannabis off the premises of the business. For cannabis dispensing facilities, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.
e. The name(s) and location(s) of the offsite cultivation facilities associated with the cannabis dispensary.
This documentation has been submitted to the City.
Staff has the following comments regarding the Findings of Facts:
1. The project will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare as this is within an established retail area with compatible retail uses.
2. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish or impair property values within the neighborhood as this use is in keeping with the surrounding retail uses and one that is highly regulated by the City and State.
3. The conditional use will not impede the normal and orderly development and improvement of surrounding property as this use is compatible with the surrounding retail uses.
4. There is adequate water and sewer capacity to serve the project.
5. The site is designed with two north-south access drives to provide cross access to the parcels to the south and north. An additional east-west access drive has been added in the parking lot to provide access to the existing north-south frontage road along the east side of the property. Traffic will be able to access the site off Orchard Road in two locations. There should be minimal impacts to the flow of local traffic due to the various options in egress to the site.
6. The conditional use in all other respects conforms to the applicable regulations of the PDD Planned Development District.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
30.0 To promote and plan for the location of commercial centers, based on their functions and interrelationships, in order to provide a balanced distribution of commercial development and redevelopment.
31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended CONDITIONAL APPROVAL of the An Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the Property located at 1350 N. Orchard Road, with the following conditions:
1. That the Petitioner agrees that the required documents submitted pursuant to the Conditional Use petition are subject to re-review and comment by staff if a State license is issued for the Subject Property. The petitioner further agrees to make any requested modifications based on said re-review prior to building permit being issued for the Subject Property.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Approved Final Plan
Land Use and Supporting Documents
Plat of Survey
Floor Plan
Disposal Waste Plan
Security Plan
Ventilation and Oder Control Plan
Operating Procedures
Cannabis Vendors
Maps
cc:
Alderman Michael B. Saville, Chairperson
Alderwoman Patty Smith, Vice Chairperson
Alderman Carl Franco
Alderman Sherman Jenkins
Alderman Ron Woerman
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the Property located at 1350 N. Orchard Road
body
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 Tito Group LLC, is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated February 8, 2023, Fly Society Group of Aurora, LLC dba AuraLight filed with the City of Aurora a petition requesting approval of a Conditional Use for a Cannabis Dispensing Facility (2115) use on Lot 7 of Orchard Road Subdivision located at 1350 N. Orchard Road in the form of Exhibit “B” attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit “A”; and
WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on March 8, 2023, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on March 15, 2023, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, finds that the proposed Conditional Use is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, City of Aurora.
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 this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: 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.
Section Five: In accordance with Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article V of Chapter 34 of the Code of Ordinances, City of Aurora a Conditional Use permit is hereby granted for a Cannabis Dispensing Facility (2115) for the real estate property legally described in Exhibit “A”.
Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Cannabis Dispensing Facility (2115) and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said conditional use.
Section Seven: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “B” within fourteen (14) days from the date of passage of this Ordinance and that said Conditional Use permit is granted specifically contingent upon the following conditions:
1. That the Petitioner agrees that the required documents submitted pursuant to the Conditional Use petition are subject to re-review and comment by staff if a State license is issued for the Subject Property. The petitioner further agrees to make any requested modifications based on said re-review prior to building permit being issued for the Subject Property.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the conditional use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Article V of Chapter 34 of the Code of Ordinances, City of Aurora.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of PDD Planned Development District and upon termination of the use of said property for a Cannabis Dispensing Facility (2115), this Conditional Use permit shall terminate and the classification of PDD Planned Development District shall be in full force and effect.
Section Eleven: That this Cannabis Dispensing Facility (2115) shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.