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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: November 6, 2014
SUBJECT:
An Ordinance Granting a Special Use Permit for a Medical Cannabis Dispensing Facility Use on the Property located at 1056 N. State Route 59, Aurora, Illinois, 60504 (PharmaCann, LLC - 14-00887 / NA16/4-14.278-Su - ES - Ward 10) (PUBLIC HEARING)
PURPOSE:
PharmaCann has applied to the State of Illinois for licenses to operate three (3) cultivation centers and five (5) dispensaries, one of which is being proposed in the City of Aurora at 1056 N. State Route 59.
BACKGROUND:
The subject property is zoned B-2(S) with a Special Use for a planned development. As such, retail is a permitted use. This is located in a three unit retail building of 8,000 sf. The proposed use will be in Unit 102 which is about 2,000 sf. The site has 57 parking spaces which exceeds our parking standards. The only current tenant in this building is the O'Mango restaurant. The property to the north and south consist of retail centers. To the west is the proposed Metro 59 multi-family residential development, and to the east across Rt. 59 is Naperville commercial. On May 17, 2013, Illinois approved the "Compassionate Use of Medical Cannabis Pilot Program Act" effective January 1, 2014. Under the Act, qualifying patients that have been diagnosed by a physician as having a medical condition as defined in the Act, are authorized to use cannabis for the medical use. Subsequently, the Aurora City Council passed Ordinance Number O14-042 on July 22, 2014, requiring a Special Use permit for qualifying Medical Cannabis Dispensing Facilities with the Special Use Permit being permissible in the B-2, B-3, ORI, M-1, and M-2 Districts, and qualifying Medical Cannabis Cultivation Facilities with the Special Use Permit being permissible in the ORI, M-1, and M-2 Districts, as defined.
DISCUSSION:
The State of Illinois is anticipated to make a decision on awarding the applicable licenses for dispensaries or cultivation centers by the end of 2014. As such, any City approval of sites would need to be completed before such time. All of the strict State requirements would need to be met to be considered for a license, and the number is limited in total and geographically throughout the State. This would be one of a total of 3 dispensaries allowed within DuPage County. The City then should review these requests per the requirements as stated in the special use section. For a Dispensary these additional requirements 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) or as modified by applicable law, and shall at all times comply with the terms and conditions of any special use permit that may be granted in the future.
ii. Facilities shall not be allowed as home occupations.
iii. No medical 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.
iv. Onsite Use Is Prohibited. No marijuana shall be smoked, eaten or otherwise consumed or ingested on the premises.
v. Facilities shall have operating hours not earlier than 8 a.m. and not later than 10 p.m.
vi. Drive-through services are prohibited.
vi. Additional conditions may be imposed as part of the special use approval to provide for compatibility with adjacent uses and mitigate potential impacts from the dispensing operation.
vii. The following items shall be submitted as part of the special use request:
(a) A plan for disposal of any medical cannabis or byproducts that are not sold to a patient or primary 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) The name(s) and location(s) of the offsite cultivation operation associated with the medical marijuana dispensary.
With regard to the standard findings of fact as for any Special Use request, this will essentially function similar to a pharmacy without the typical additional retail sales. This is located in a major commercial corridor with all utilities, parking and ingress/egress already accounted for and should not be detrimental to the public's general welfare, enjoyment of other property in the area or impair property values. In addition, if granted, the ordinance will be written that the Special Use shall terminate if the State of Illinois fails to grant said license.
Public Input: The only public input was a letter received today, addressed to the property owner and applicant from Metro 59, LLC, as owner of the property immediately to the west. This letter states that said property is part of an association per recorded covenants which requires written approval of any zoning change by the Architectural Review Authority, and that since this has not been requested or granted, the petition should be withdrawn or denied. As this is a private matter within the association, it does not necessarily impact the City's ability to make a decision on this petition.
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:
Staff recommends CONDITIONAL APPROVAL of the granting of a Special Use Permit for a Medical Cannabis Dispensing Facility Use on the Property located at 1056 N. State Route 59, Aurora, Illinois, 60504 with the following conditions:
1) All dead ash trees are to be removed and replaced with an approved canopy tree of 2.5" in caliper.
2) The parking lot is to be repaired of potholes.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Legistar History Report
Land Use Petition
Qualifying Statement
Plat of Survey
Pictures
Facility Plans
Security System
Intrusion Detection
Garda Depository Info
Product Security Plan
Labor/Employment Practices
cc: Planning and Development Committee:
Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Special Use Permit for a Medical Cannabis Dispensing Facility Use on the Property located at 1056 N. State Route 59, Aurora, Illinois, 60504
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, PharmaCann, LLC is the tenant of record of the real estate property legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, PharmaCann, LLC filed a Special Use petition with the City of Aurora on 10/14/2014, to authorize the use of the property legally described in Exhibit "A" for a Medical Cannabis Dispensing Facility; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on 11/5/2014, with respect to said petition for Special Use permit and found that said petition met the standards prescribed by Section 4.3-3.N Standards of Ordinance Number 3100, being the Aurora Zoning Ordinance, and recommended CONDITIONAL APPROVAL of the Special Use; and
WHEREAS, the City Council, based upon the conditional recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare, will not be injurious to the use of other property in the immediate vicinity, nor diminish or impair property values in the neighborhood and, further, the City Council finds that the granting of this Special Use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the district and that adequate utilities, access roads, drainage and other facilities are being provided and that the Special Use will in all respects conform to the applicable regulations of the B-2(S) General Retail zoning classification except as varied herein; and
WHEREAS, the City Council, finds that the proposed Special Use is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, 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: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Section 4.3-3.N, a Special Use permit is hereby granted for a Medical Cannabis Dispensing Facility use for the real estate property legally described in Exhibit "A".
Section Three: That this Special Use permit hereby granted is solely for the purpose of a Medical Cannabis Dispensing Facility use 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Four: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit "C" within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted specifically contingent upon the following conditions:
1) All dead ash trees are to be removed and replaced with an approved canopy tree of 2.5" in caliper
2) That the petitioner agrees that the required documents submitted pursuant to the Special 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 a building permit being issued for the subject property.
Section Five: 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 plans described in Exhibit "B" the City Council shall take the necessary steps to repeal this Ordinance.
Section Six: 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 Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Seven: That the property legally described in Exhibit "A" shall remain in the underlying zoning classification of B-2(S) General Retail and upon termination of the use of said property for a Medical Cannabis Dispensing Facility use, or the failure of the State of Illinois to grant said license for this property to this applicant, this Special Use permit shall terminate and the classification of B-2(S) General Retail shall be in full force and effect.
Section Eight: That this Medical Cannabis Dispensing Facility use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Nine: That all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Ten: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Eleven: 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.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00887
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Information Sheet
Exhibit "C" Memorandum of Agreement
EXHIBIT "A"
LEGAL DESCRIPTION
For the Special Use for the property located at 1056 N. State Route 59
Parcel Number(s):07-16-400-047
Commonly known as: 1056 N. State Route 59 located in DuPage County.
Lot 3 in Meridian Business Campus Phase 2 Unit 8, being a Subdivision in sec. 16, Township 38 North Range 9, East of the Third Principal Meridian, according to the Plat recorded Oct. 30, 1998 as Doc. Number R98-226549, in DuPage Co., Illinois
EXHIBIT "B"
PLAN INFORMATION SHEET
For the Special Use for the property located at 1056 N. State Route 59
Case File Number: NA16/4-14.278-Su
Tax Parcel Number: 07-16-400-047
Tenant:
PharmaCann, LLC
137 N. Oak Park Ave. Suite 101 F
Oak Park, IL 60301
Plat Prepared By:
MM Surveying Co., Inc
5812 W. Higgins Ave.
Chicago, IL 60630
Date Plan Received: October 14, 2014
NOTE: A COPY OF THESE DOCUMENTS AS REFERENCED HEREON ARE ON FILE IN THE CITY OF AURORA PLANNING AND ZONING DIVISION OFFICE ON THE SECOND FLOOR, 1 SOUTH BROADWAY, AURORA, ILLINOIS, 60505.
EXHIBIT "C"
MEMORANDUM OF AGREEMENT
For the Special Use for the property located at 1056 N. State Route 59
PharmaCann, LLC, petitioner for the Special Use permit for a Medical Cannabis Dispensing Facility located at 1056 N. State Route 59 granted by Ordinance Number __________, agrees to abide by all of the provisions of said Ordinance.
This agreement shall be mutually binding upon the heirs, executors, administrators, successors, devisees and assigns of future owners.
As petitioner for the special use granted for the subject property, I sign this agreement with full knowledge of the contents of said Ordinance and with total understanding of my/our responsibilities to comply with conditions set forth within said Ordinance. I hereby affirm that I have the full legal capacity to sign this document.
WHEREAS, I/We do affix my/our signature(s) hereto and acknowledge receipt of a certified copy of Ordinance Number ____________.
Dated this _____ day of ___________________ , 20_____.
Signed: _______________________________
Name: ________________________________
Address: _______________________________
STATE OF ILLINOIS )
) SS
COUNTY OF __________ )
I, the undersigned, a Notary Public in and for the said County and State aforesaid, DO HEREBY CERTIFY that ____________________ , is known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and notary seal this ______ day of _______________ , AD 20___.
________________________________
Notary Public
My Commission Expires ____________________ , 20___.