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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: November 19, 2019
SUBJECT:
An Ordinance rescinding and vacating Ordinance Number O14-067 for a Special Use Permit for a Medical Cannabis Dispensing Facility Use on the property located at 929 N. Lake Street, Aurora, Illinois, 60506 (The City of Aurora - 19-1019 / AU15/1-19.227-SU - TV - Ward 6)
PURPOSE:
The City of Aurora is requesting to rescind and vacate Ordinance Number O14-067 for a Special Use Permit for a medical cannabis dispensing facility use on the property located at 929 N. Lake Street, Aurora, Illinois, 60506.
BACKGROUND:
The Subject Property is currently zoned B-3(S) General Retail District and M-1(S) Manufacturing - Limited District with a Special Use for a medical cannabis dispensing facility. The applicant did not receive a state license, therefore, the medical cannabis dispensing facility never opened. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The City of Aurora is requesting that the City Council revoke the Special Use Ordinance Number O14-067 which was approved on November 18, 2014 for a medical cannabis dispensing facility use on the property located at 929 N. Lake Street. The Subject Property was granted a Special Use with four (4) conditions which to date have not been met. In addition, there has been no construction work that has been completed for this use.
DISCUSSION:
Pursuant to Section 10.6-7.2 and Section 10.6-9 of the City of Aurora's Zoning Ordinance, the City Council has authority to initiate proceeding to revoke the special use as the applicant have not complied with the conditions set forth in the approved ordinance and as the applicant have not begun construction work for the medical cannabis facility within 12 months from approval of the Special Use.
Due public notice was given for the public hearing on this matter and written notification was mailed to the applicant and current property owner on November 12, 2019. As of the date of this memo, staff has not received public inquiries regarding this petition.
IMPACT STATEMENT :
This revocation should not have any negative impact to the Subject Property as the medical cannabis dispensing facility did not receive a state license, therefore, cannot occupy the property. By revoking the Special Use, this will allow the City of Aurora to grant new cannabis dispensing facility within a mile and half restriction zone.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance rescinding and vacating Ordinance Number O14-067 for a Special Use Permit for a Medical Cannabis Dispensing Facility Use on the property located at 929 N. Lake Street, Aurora, Illinois, 60506
ATTACHMENTS:
Exhibit "A" Ordinance Number O14-067
Property Research Sheet
Legistar History Report
Legistar Number: 19-1019
cc:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance rescinding and vacating Ordinance Number O14-067 for a Special Use Permit for a Medical Cannabis Dispensing Facility Use on the property located at 929 N. Lake Street, Aurora, Illinois, 60506
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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 approved a Special Use Permit for a Medical Cannabis Dispensing Facility on the property located at 929 N. Lake Street by Ordinance Number O14-067 on November 18, 2014; and
WHEREAS, said Special Use Permit was granted subject to four (4) conditions approved and required by the City Council as set forth in Ordinance Number O14-067; and
WHEREAS, Section 10.6-7.2 and Section 10.6-9 of the Aurora Zoning Ordinance authorizes the City Council to initiate proceeding to revoke the Special Use Permit; and
WHEREAS, Curative Health, LLC, the applicant of recorder of 929 N. Lake Street, has failed to comply with all four (4) of the conditions, as stated in Ordinance Number O14-067, as specifically set forth in Exhibit “A”; and
WHEREAS, furthermore, it has been determined that construction did not begin within the twelve (12) months from authorization order of the City Council; and
WHEREAS, a public hearing was held November 27, 2019, by the Building, Zoning and Economic Development Committee of the City Council of the City of Aurora, and pursuant to sworn testimony provided at such hearing, the Council finds that the four (4) conditions has not been met as provided for in Ordinance O14-067 and that construction did not begin within the twelve (12) months from authorization order of the City Council; and
WHEREAS, it is therefore in the best interests of the citizens of the City of Aurora that Ordinance Number O14-067 be rescinded, and that the Special Use Permit granted thereby be vacated.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: The preambles hereto are hereby made a part of, and operative provisions of, this Ordinance as fully as if completely repeated at length herein.
Section Two: That Ordinance Number O14-067, which Ordinance granted a Special Use Permit for a Medical Cannabis Dispensing Facility on property located at 929 N. Lake Street, passed and approved on November 18, 2014, is hereby rescinded and the Special Use Permit approved therein is hereby vacated.
Section Three: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Four: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Five: 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 and effect thereafter.