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R-1217 - 12/11/2012 - GENERAL ASSEMBLY - ResolutionsRESOLUTION 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 Lard'), 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] APPROVED THIS 11" day of December, 2012. Gopal G. Lalmalani Village President PASSED THIS 11th day of December, 2012. Ayes: Trustees Aktipis, Manzo, Moy. Wolin. and Yusuf ni.— . None Trustee Zannis ATTEST: Charlotte K. Pruss Village Clerk 0 Resolution 2012- GL- HB30 -R -1217 Medical Cannabis Distribution Facilities Page 2 of 2