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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: November 17, 2021
SUBJECT:
An Ordinance amending O20-116 granting additional time for compliance of the Conditional Use for a Cannabis Dispensing Facility (2115) at 1415 Corporate Boulevard that was granted on December 22, 2020
PURPOSE:
The purpose of this Ordinance is to grant additional time for compliance of the Conditional Use (previous called Special Use).
BACKGROUND:
The City of Aurora granted NuMed Partners, LLC, a conditional use permit for a cannabis dispensing facility at 1415 Corporate Boulevard by Ordinance O20-011 on January 28, 2020, that contained conditions. Specifically, the ordinance granting the conditional use permit states:
The Conditional Use permit shall terminate and the classification of the PDD Planned Development District shall be in full force and effect without further action by the City Council if said property 1) fails to obtain conditional registration license for Cannabis Dispensing Facility by the State, within one hundred eighty (180) days of the authorization of the permit, or 2) fails to commence its use as a Cannabis Dispensing Facility within one (1) year of the authorization of the permit, or 3) ceases its use as a Cannabis Dispensing Facility for a period greater than thirty (30) days
Due to the shutdowns caused by COVID-19, the state delayed the timeline for issuing the cannabis dispensing licenses. The Conditional Use was therefore amended by Ordinance O20-045 on July 28, 2020 granting additional time for compliance of the Conditional Use.
At the end of last year, the State delayed awarding licenses again to give applicants a second chance at qualifying following complaints about the scoring process. On December 22, 2020, City Council approved a second amended to the Conditional Use by Ordinance O20-116 granting additional time for compliance of the Conditional Use.
As required, NuMed Partners (now called NuEra) submitted a written request for extension to City Staff. In addition to the written request, NuEra has met with City Staff to discuss in detail their current status and future plans. Based upon the information provided, Staff is supportive of this extension for the following reasons:
1. NuEra has now purchased the entire building and the previous tenants are no longer leasing the western portion of the building.
2. They have completely renovated the interior of the building to be essentially a “turn key” space, and
3. That they have pursued actions in Court to move forward with their use of a “Plus One” license at this location.
Therefore, the Petitioner is requesting a third extension for additional time for compliance as follows:
1) fails to obtain conditional registration license for Cannabis Dispensing Facility by the State, by December 31, 2022, or
2) fails to commence its use as a Cannabis Dispensing Facility within one (1) year of the authorization of the permit extension.
DISCUSSION:
Due to the COVID-19 pandemic and the delay in the State licensing, the conditional use petitioners cannot meet the conditions of their conditional use permit. The Aurora Zoning Ordinance allows the committee to grant additional time for compliance based on sufficient cause. The delays caused by Executive Order 2020-34 qualifies as sufficient cause.
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:
Staff recommends APPROVAL of the Ordinance amending O20-116 granting additional time for compliance of the Conditional Use for a Cannabis Dispensing Facility (2115) at 1415 Corporate Boulevard that was granted on December 22, 2020
ATTACHMENTS:
Letter of Extension Request
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 ________________
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An Ordinance amending O20-116 granting additional time for compliance of the Conditional Use for a Cannabis Dispensing Facility (2115) at 1415 Corporate Boulevard that was granted on December 22, 2020
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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 City of Aurora granted NuMed Partners, LLC, a Conditional Use permit for a cannabis dispensing facility by Ordinance O20-011 on January 28, 2020, that contained conditions.
WHEREAS, On March 28, 2020, due to the COVID-19 pandemic, Governor Pritzker signed Executive Order 2020-34 which suspended the requirement that Illinois Department of Financial and Professional Regulation (IDFPR) issue up to 75 Conditional Adult Use Dispensing Organization Licenses before May 1, 2020. The executive order also suspended the requirement that IDFPR approve or deny an application for a medical or adult use cannabis dispensing organization agent identification card within 30 days of receiving a completed application. The suspension of the above requirements is for the duration of the Gubernatorial Disaster Proclamations, or until IDFPR announces a new date.
WHEREAS, on July 28, 2020 by Ordinance O20-045, the City of Aurora amended O20-011 granting additional time for compliance of the Conditional Use for a Cannabis Dispensing Facility (2115) at 1415 Corporate Boulevard that was granted on January 28, 2020; and
WHEREAS, on December 22, 2020 by Ordinance O20-116, the City of Aurora amended O20-045 granting additional time for compliance of the Conditional Use for a Cannabis Dispensing Facility (2115) at 1415 Corporate Boulevard that was granted on July 28, 2020; and
WHEREAS, the Petitioner, is requesting a third extension for additional time for compliance of the Conditional Use for a Cannabis Dispensing Facility (2115) that was granted by Ordinance O20-011 on January 28, 2020, amended by O20-045 on July 28, 2020, and then amended by O20-116 on December 22, 2020; and
WHEREAS, The Aurora Zoning Ordinance allows the Building, Zoning and Economic Development Committee to grant additional time for compliance based on sufficient cause. The delays caused by Executive Order 2020-34 qualifies as sufficient cause; and
WHEREAS, on November 22, 2021, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said request and the before mentioned recommendations and recommended APPROVAL; and.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That O20-045, a Conditional Use for a Cannabis Dispensing Facility (2115) at 1415 Corporate Boulevard, is hereby amended to extend original conditional use that ends on December 31, 2020 as follows:
The Conditional Use permit shall terminate and the classification of the PDD Planned Development District shall be in full force and effect without further action by the City Council if said property 1) fails to obtain conditional registration license for Cannabis Dispensing Facility by the State, by December 31, 2022, or 2) fails to commence its use as a Cannabis Dispensing Facility within one (1) year of the authorization of the permit extension, or 3) ceases its use as a Cannabis Dispensing Facility for a period greater than thirty (30) days.
Section Two: That the remainder of the Conditional Use language from O20-011 remains in full force and effect, in addition to the amendment, and shall be controlling, upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force effect thereafter.