R-1217 - 12/11/2012 - GENERAL ASSEMBLY - Resolutions Supporting DocumentsYTEM 7.F.6)
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AGENDA ITEM
Board of Trustees Meeting
December 11, 2012
SUBJECT: Illinois General Assembly —House Bill 30 —Cannabis Distribution Facilities
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Resolution 2012- GL- HB30 -R -1217,
which approves a Resolution regarding zoning restrictions on cannabis dispensaries and
related facilities.
Background/History:
The Village Attorney has advised that the Illinois General Assembly is currently considering
House Bill 30, which would authorize qualifying patients that have been diagnosed by a
physician as having a debilitating medical condition, as defined by the proposed law, to use
cannabis without being subject to arrest, prosecution, or denial of any right or privilege for the
medical use of cannabis in accordance with the proposed law and that nonprofit medical
organizations will be authorized to grow, harvest and distribute cannabis. Only one distribution
facility will be permitted within each Illinois Senate District.
The Village Code does not plainly address uses that would encompass distribution facilities or
related operations. If the proposed law is approved, the Village will not be immediately
equipped to handle zoning requests from distribution facilities. Should the proposed law, or any
similar law, be approved and signed into law by the Governor, the Zoning Board of Appeals
would be directed to hold a public hearing on the question of whether the Zoning Code should be
amended to include distribution facilities as a special use and make a recommendation to the
Village Board.
Recommendation:
Approve Resolution R -1217.
M
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RESOLUTION NO. 2012- GL- HB30 -R -1217
A RESOLUTION REGARDING ZONING RESTRICTIONS
ON CANNABIS DISPENSARIES AND RELATED FACILITIES
WHEREAS, the Village is an Illinois municipality established and existing in accordance with the
Constitution of the State of Illinois of 1970; and
WHEREAS, the Village has a long tradition of utilizing its zoning and planning authority to ensure
that compatible uses are maintained in its various neighborhoods; and
WHEREAS, the Illinois General Assembly is currently considering House Bill 30 (the "Proposed
LaW'), which would authorize qualifying patients that have been diagnosed by a physician as having a
debilitating medical condition, as defined by the Proposed Law, to use cannabis without being subject to
arrest, prosecution, or denial of any right or privilege for the medical use of cannabis in accordance with
the Proposed Law; and
WHEREAS, under the Proposed Law, nonprofit medical cannabis organizations, as defined by
the Proposed Law ( "Distribution Facilities "), will be authorized to grow, harvest, and distribute cannabis;
and
WHEREAS, under the Proposed Law only one Distribution Facility will be permitted by the state
to operate within each Illinois Senate District; and
WHEREAS, Title 13 of the Village Code (the "Zoning Code ") does not plainly address uses that
would encompass Distribution Facilities or related operations; and
WHEREAS, if the Proposed Law is approved, the Village will not be immediately equipped to
handle zoning requests from Distribution Facilities; and
WHEREAS, the Village Board has determined that it is in the best interest of the Village and its
residents to direct the Zoning Board of Appeals of the Village (the "ZBA ") to evaluate the classification of
Distribution Facilities and recommend to the Village Board whether Distribution Facilities should be
considered "Special Uses" under the Zoning Code as well as such other regulations as may be
necessary, important, or beneficial to the Village and its residents;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Direction To ZBA: Notice To Public. Should the Proposed Law, or any similar
law, be approved by the Illinois General Assembly and signed into law by the Governor, the ZBA is
hereby directed to hold a public hearing on the question of whether the Zoning Code should be amended
to include Distribution Facilities as a Special Use and make a recommendation to the Village Board
regarding the same along with any other conditions that should be attached to the zoning of Distribution
Facilities. The notice of such hearing shall be given as required by law within 120 days after the effective
date of the Proposed Law or any similar law. The public shall be deemed to have notice that the Village
is considering a Zoning Code amendment regarding Distribution Facilities as of the effective date of this
Resolution.
Section 3: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2012- GL- HB30 -R -1217
Medical Cannabis Distribution Facilities
Page 2 of 2
APPROVED THIS 11`" day of December, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of December, 2012.
ATTEST:
Charlotte K. Pruss
Village Clerk
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