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TO: Mayor Richard C. Irvin
FROM: Planning and Zoning Commission
DATE: March 4, 2022
SUBJECT:
An Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the Property located at 35 N. Broadway (WAH Group, LLC d/b/a Leafing Life Dispensary - 22-0045 / AU22/3-22.011-CU - TV - WARD 2)
PURPOSE:
The Petitioner, WAH Group, LLC d/b/a Leafing Life Dispensary, is requesting approval of a Conditional Use for a Cannabis Dispensing Facility (2115) use on property located at 35 N. Broadway.
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 located at 35 N. Broadway and currently the PME School of Cake Decorating & Confectionary Art with DC Downtown Core District zoning. In April of 2020, a Special Use (now referred to as Conditional Use) was approved on this property for a cannabis dispensing facility. There were two extensions approved in late 2020 and early 2021, granting additional time for compliance of the Conditional Use for a cannabis dispensing facility due to the Covid-19 pandemic which suspended the cannabis dispensing licensing. The then petitioner failed to receive a license and did not request a third extension in time, therefore, the Conditional Use was terminated as of October 28, 2021.
The Petitioner, WAH Group, LLC, is requesting approval of a new Conditional Use for a cannabis dispensing facility. The proposal includes leasing the first-floor commercial space in the existing 2-story building to operate a cannabis dispensing facility. The area of the facility is approximately 3,570 square feet. The second-floor unit, which is currently a State Farm Insurance Company, will remain for now. The Petitioner has an option to purchase the entire building. If this purchase occurs, the Petitioner is planning to expand their corporate office into the second-floor unit. There are several public/private parking lots within walking distance of the proposed location including directly behind the building.
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).
WAH Group LLC, d/b/a Leafing Life Dispensary has been awarded a Conditional Adult Use Dispensing Organization License by the State as a social equity applicant as one or more individuals of their Managing Members provided proof that they resided for at least 5 of the proceeding 10 years in a disproportionately impacted area.
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 abuts Broadway 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 8 am to 10pm.
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 an existing retail building and the use will add to the growth and diversity of businesses in the downtown.
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 essential a retail use 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 for uses permitted in the district as this use will utilize an existing retail and office building which is located on two major street with several public parking lots near this property including the lot directly behind this building.
4. There is adequate water and sewer capacity to serve the project.
5. This property sits at the intersection of two major streets with several public/private parking lots within walking distance of the proposed location including directly behind the building.
6. The conditional use in all other respects conforms to the applicable regulations of the Downtown Core zoning 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 Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the Property located at 35 N. Broadway, 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.
2. That the exterior cladding of the building including any peeling, cracking, and spalling be repaired prior to occupancy permit.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Plat of Survey
Floor Plans
Security Operations Plan
Operating Plan
Disposal Plan
Ventilation Plan
Legistar Number: 22-0045
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 35 N. Broadway
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, Knightsbridge Global Ltd 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 January 19, 2020, WAH Group, LLC d/b/a Leafing Life Dispensary filed with the City of Aurora a petition requesting approval of a Conditional Use for a Cannabis Dispensing Facility (2115) use on property located at 35 N. Broadway; and
WHEREAS, after due notice and publication of said notice, the Aurora Planning and Zoning Commission conducted a public hearing on March 2, 2022, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on March 9, 2022, 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
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) use 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) 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 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.
2. That the exterior cladding of the building including any peeling, cracking, and spalling be repaired prior to occupancy permit.
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 DC Downtown Core and upon termination of the use of said property for a Cannabis Dispensing Facility (2115) use, this Conditional Use permit shall terminate, and the classification of DC Downtown Core shall be in full force and effect.
Section Eleven: That this Cannabis Dispensing Facility (2115) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.