Title
Temporary Administrative Deferral for Applications for establishment of Medical Cannabis Cultivation Centers and Medical Cannabis Dispensaries.
Staff Summary
· The Planning, Building and Development Department has proposed the Committee recommend passage of a County Board resolution directing the Zoning Board of Appeals (ZBA) to hold a public hearing on UDO text amendments governing the siting and operation of Medical Cannabis Cultivation Centers and Medical Cannabis Dispensaries in the unincorporated area.
· The UDO provides that the Planning, Building and Zoning Committee may consent to empower the Planning, Building and Development Director to place a temporary administrative deferral on all applications materially affected by proposed amendments. The temporary administrative deferral period would begin upon County Board adoption of a resolution directing the ZBA to conduct hearings on the aforementioned amendments.
· Such a temporary administrative deferral shall automatically cease upon the expiration of 120 days or upon final action by the County Board relating to the proposed amendment, whichever occurs first.
Body
WHEREAS, the Lake County Board adopted the Unified Development Ordinance (UDO) on April 11, 2000; and
WHEREAS, the UDO provides that the Planning, Building and Zoning Committee may consent to empower the Planning, Building and Development Director to place a temporary administrative deferral on all applications materially affected by proposed amendments, if adopted; and
WHEREAS, the UDO states that such temporary administrative deferral shall be in place for a reasonable period of time not to exceed a maximum of 120 days; and
WHEREAS, the UDO states a temporary administrative deferral shall automatically cease upon the expiration of 120 days or upon final action by the County Board relating to the proposed amendment, whichever occurs first; and
WHEREAS, upon the receipt of such an application, the UDO directs the Planning, Building and Development Director to inform the applicant in writing of the temporary administrative deferral and shall inform the applicant that the application shall be processed in accordance with the outcome of the proposed amendment; and
WHEREAS, the Compassionate Use of Medical Cannabis Pilot Program Act, which became effective on January 1st, 2014, allows for the establishment of medical cannabis dispensaries and cultivations centers in Illinois upon the State's subsequent adoption of Administrative Rules within 120 days of the Act's effective date, subject to "reasonable zoning regulations" enacted by local governments (including counties). Pending the adoption of the attached proposed UDO text amendments governing the siting and operation of Medical Cannabis Cultivation Centers and Medical Cannabis Dispensaries in the unincorporated area, adequate mitigation measures are not available to ensure protection of the public; and
WHEREAS, the Planning, Building and Zoning Committee finds a temporary administrative deferral is warranted, due to the nature of the amendments being considered and the concern for the public impact of such applications.
NOW, THEREFORE, BE IT RESOLVED by the Lake County Planning, Building and Zoning Committee that, at such time that the County Board adopts a resolution directing the Zoning Board of Appeals to conduct hearings related to the attached proposed UDO text amendments, the Planning, Building and Development Director shall be empowered to place a temporary administrative deferral on applications materially affected by the proposed amendments, if adopted. Such a temporary administrative deferral shall automatically cease upon the expiration of 120 days or upon final action by the County Board relating to the proposed amendments, whichever occurs first.
BE IT FURTHER RESOLVED that the Clerk of the County Board shall keep a record of this action.
DATED AT WAUKEGAN, Lake County Illinois this 7h day of January, 2014.