Aurora, Illinois

File #: 22-0045    Version: Name: Leafing Life Dispensary / 35 N. Broadway / Conditional Use
Type: Ordinance Status: Passed
File created: 1/19/2022 In control: City Council
On agenda: 3/22/2022 Final action: 3/22/2022
Title: An Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the Property located at 35 N. Broadway
Attachments: 1. Exhibit "A" Legal Description, 2. Exhibit "B" Memorandum of Agreement, 3. Maps, 4. Land Use Petition and Supporting Documents - 2022-01-12 - 2022.011, 5. Plat of Survey - 2022-01-12 - 2022.011, 6. Qualifying Statement - 2022-02-01 - 2022.011, 7. Floor Plan - 2022-01-12 - 2022.011, 8. Disposal Plan - 2022-01-12 - 2022.011, 9. Security Plan - 2022-01-12 - 2022.011, 10. Ventilation Plan - 2022-01-12 - 2022.011, 11. Operating Plan and Procedures- 2022-02-01 - 2022.011, 12. Name and Location of Offsite Cultivation Facilities - 2022-01-12 - 2022.011, 13. Legistar History Report - 2022-03-02 - 2022.011
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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 Con...

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