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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 Cultivation Facility Use on the Property located at 2229 Diehl Road, Aurora, Illinois, 60506 (Curative Health Cultivation LLC - 14-00889 / NA07/1-14.294-Su - ES - Ward 10) (PUBLIC HEARING)
PURPOSE:
The Petitioner, Curative Health Cultivation LLC, has applied to the State of Illinois for licenses to operate three (3) cultivation centers and five (5) dispensaries under a related name, one of each are being proposed within the City of Aurora. The cultivation center is being proposed at 2229 Diehl Road. A subsequent petition for a dispensary is at 929 N. Lake St.
BACKGROUND:
The subject property is zoned M-2. This is located adjacent to the White Oak Business Park at the southeast corner of Diehl and County Line Roads. The existing building was constructed in 2001 and is 32,480 sf. on a 2.59 acre lot. The property has 60 parking spaces and rear loading docks. The property is surrounded by other ORI type warehouse/light industrial/office developments in all directions, including McKesson to the west, and Abbey Paving to the south. 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. One cultivation center is allowed per Illinois State Police District. DuPage County is it's own District, so one is allowed in the county. The City then should review these requests per the requirements as stated in the special use section. For a Cultivation Center 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. 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.
vii. Facilities shall provide evidence upon request of conformity to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the State of Illinois and administered by the Illinois Environmental Protection Agency, the United States of America and administered by the federal environmental agency, and any applicable County or City ordinance.
vii. 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.
ix. 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) A water consumption capacity report for the facility and an infrastructure capacity report for the subject property.
(e) A plan for ventilation of the facility that describes the ventilation systems that will be used to prevent any odor of medical cannabis off the premises of the business. For cultivation centers, 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.
With regard to the standard findings of fact as for any Special Use request, this will essentially function similar to a warehouse/light industrial use. This is located in a major ORI 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: Staff received a call today from FHP O'Cedar located at 2188 Diehl Road as to the request. No objection was stated.
PHYSICAL DEVELOPMENT POLICIES / IMPACT STATEMENT:
. 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 a Special Use Permit for a Medical Cannabis Cultivation Facility Use on the Property located at 2229 Diehl Road, with the following condition:
1) All dead ash trees are to be removed and replaced with an approved canopy tree of 2.5" in caliper.
ATTACHMENTS:
Property Research Sheet
Finding of Facts
Legistar History Report
Land Use Petition
Qualifying Statement
Alta Survey
Site/Landscape Plan
Floor Plan
Confidential Security Plan
Operations/Mgmt. Practices
Water Flow Diagram
Odor Control Plan
Floor Plan Elevations
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 Cultivation Facility Use on the Property located at 2229 Diehl Road, Aurora, Illinois
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, Curative Health Cultivation 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, Curative Health Cultivation 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 Cultivation 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.O 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 M-2(S) Manufacturing - General 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.O, a Special Use permit is hereby granted for a Medical Cannabis Cultivation 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 Cultivation 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 M-2(S) Manufacturing - General and upon termination of the use of said property for a Medical Cannabis Cultivation 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 M-2 Manufacturing - General shall be in full force and effect.
Section Eight: That this Medical Cannabis Cultivation 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: 14-00889
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 2229 Diehl Road
Parcel Number(s):07-07-101-025
Commonly known as: 2229 Diehl Road located in DuPage County.
Parcel 1:
Lots 1 and 2 in Schuster Industrial Center, being a subdivision of part of the northwest quarter of section 7, township 38 north range 9 east of the third principal meridian, in the City of Aurora, in DuPage County, Illinois
Parcel 2:
That part of Lot 3 in Schuster Industrial Center, being a subdivision of part of the northwest quarter of section 7, township 38 north, range 9 east of the third principal meridian, described as follows: Beginning at the northwest corner of said Lot 3, thence southerly, 130.70 feet along the west line of said lot, thence easterly, 45.41 feet along a line forming an angle of 90 degrees 31 minutes 12 seconds with a prolongation with the last described course, as measured counter clockwise therefrom; thence northerly, 103.56 feet along a line forming an angle of 88 degrees 45 minutes 35 seconds with the last described course along a curve concave to the southwest, having a radius of 27.81 feet to the south line of Diehl Road (formerly known as Molitor Road); thence westerly, 14.07 feet along said south line to the point of beginning, in DuPage County, Illinois
EXHIBIT "B"
PLAN INFORMATION SHEET
For the Special Use for the property located at 2229 Diehl Road
Case File Number: NA07/1-14.294-Su
Tax Parcel Number: 07-07-101-025
Owner:
Curative Health Cultivation LLC
347 Lockwood Avenue
Northfield, IL 60093
Landscape Plan Prepared By:
Etera Design Studio, Ltd.
13543 W. 185th St.
Mokena, IL 60448
Date Landscape Plan Received: 10/14/2014
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 2229 Diehl Road
Curative Health Cultivation LLC, petitioner for the Special Use permit for a Medical Cannabis Cultivation Facility located at 2229 Diehl Road 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: _______________________________
Phone: ________________________________
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___.