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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: February 6, 2020
SUBJECT:
An Ordinance Approving a Text Amendment to Ordinance Number 3100, being the Aurora Zoning Ordinance to add Section 8.6-4.5 Limited but Permitted Uses to the BB Business-Boulevard District (City of Aurora - 20-0042 / KDWK-20.004-TXT - TV - Ward )
PURPOSE:
The Petitioner, City of Aurora, is requesting approval of a Text Amendment to Ordinance Number 3100, being the Aurora Zoning Ordinance to add Section 8.6-4.5 Limited but Permitted Uses to the BB Business-Boulevard District.
BACKGROUND:
On October 22, 2019, the City Council approved modifications to the Zoning Ordinance related to cannabis uses in the City of Aurora in response to recent State of Illinois legislation. These amendments dealt with the six types of cannabis licenses established in the State Act, including Dispensing Facilities. This proposed text amendment only deals with this specific license type. While the October amendment addressed Dispensing Facilities as a Special Use within most of the City's commercial districts, industrial districts, downtown, and associated PDD districts, the BB Business-Boulevard District was not included in that amendment. This proposed amendment is designed to address that.
DISCUSSION:
The BB Business-Boulevard Zoning District was created in the 1970's as an initial way to get some higher standards for development while allowing mixed uses. This was prior to the wide implementation of planned developments within the City which more effectively accomplished said goals. Therefore, actual BB zoning is quite limited in the City, and not pursued anymore for new development. With that being said, it was observed that there are a few key commercial areas in the City, primarily along Rt. 59, which still have said designation and should be eligible for a Dispensing Facility use provide all requirements are met (see attached BB map).
All existing cannabis regulations in the Zoning Ordinance will still be applicable. This amendment proposes a Cannabis Dispensing Facility being a Limited but Permitted Use within the BB Zoning District with multiple restrictions and requirements as indicated (see attached text amendment). The Limited but Permitted Use section is currently used for the B-1, B-2 and B-3 Commercial Zoning Districts for such uses as dwelling units above the first floor, dry cleaning establishments of a certain capacity, and processing, finishing, and assembly facilities of less than 6,000 sf. A couple of key limitations proposed are that the use would not be permitted in any Planned Development District (PDD) notwithstanding it's underlying BB zoning classification, and that it may only be located directly on a US or Illinois State Highway System. Other restrictions already in place regarding Cannabis Dispensing Facilities would be carried over here, including 1.5 mile separation between said facilities, 750 foot separation from schools, no adjacency to a day care facility, no displays or signage depicting cannabis or paraphernalia, no on-site smoking or consumption, and hours limited to a maximum of 8am to 10pm. All previously required plans for Dispensing Facilities already in place in the Zoning Ordinance including security, maintenance, ventilation, and other procedures of the State licensure will also be required prior to any permit issuance.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition.
IMPACT STATEMENT:
The Zoning & Planning 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 would recommend APPROVAL of an Ordinance Approving a Text Amendment to Ordinance Number 3100, being the Aurora Zoning Ordinance to add Section 8.6-4.5 Limited but Permitted Uses to the BB Business-Boulevard District
ATTACHMENTS:
Exhibit "A" Text Amendment
Exhibit "B" BB Zoning Map
Legistar Number: 20-0042
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 add Section 8.6-4.5 Limited but Permitted Uses to the BB Business-Boulevard District
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, WHEREAS, the City Council of the City of Aurora has determined that it is necessary and desirable to amend the 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 said Ordinance; and
WHEREAS, on February 5, 2020, the Aurora Planning Commission, after publication of notice, held a public hearing on the amendments to said Ordinance and recommended approval of the amendment attached hereto and incorporated herein and hereinafter referred to as Exhibit “A”; and
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: That the amendments to Ordinance Number 3100, being the Aurora Zoning Ordinance, are hereby adopted as set forth in said Exhibit "A".