Title
Ordinance to amend the Unified Development Ordinance relating to the regulation of Medical Cannabis Cultivation Centers and Medical Cannabis Dispensaries.
Staff Summary
· The Compassionate Use of Medical Cannabis Pilot Program Act, which became effective on January 1st, 2014, will allow for the establishment of medical cannabis dispensaries and cultivation centers in Illinois upon the State's subsequent adoption of Administrative Rules within 120 days of the Act's effective date. The Act authorizes local governments (including counties) to enact "reasonable zoning regulations" to mitigate any impacts from such facilities.
· Upon adoption of the Act in 2013, the Planning, Building and Development Department convened a multi-jurisdictional medical cannabis zoning task force to develop model regulations in accordance with the Act. The task force's model zoning regulations have been finalized; the attached UDO text amendments are consistent with the model regulations.
· Upon their reviews on January 28th and February 6th, respectively, both the Regional Planning Commission and the Zoning Board of Appeals unanimously recommended approval of the amendments as indicated in Exhibit A which identifies the modifications made by the respective body.
Body
WHEREAS, the Lake County Board adopted the Unified Development Ordinance (UDO) on April 11, 2000; and
WHEREAS, the UDO regulations as they are being implemented require a periodic review, and revisions may be necessary to these regulations; and
WHEREAS, the Compassionate Use of Medical Cannabis Pilot Program Act, which became effective on January 1st, 2014, will allow for the establishment of medical cannabis dispensaries and cultivation centers in Illinois upon the State's subsequent adoption of Administrative Rules within 120 days of the Act's effective date; and
WHEREAS, the Act authorizes local governments (including counties) to enact "reasonable zoning regulations" to mitigate any impacts from such facilities; and
WHEREAS, upon adoption of the Act in 2013, the Planning, Building and Development Department convened a multi-jurisdictional medical cannabis zoning task force to develop model regulations in accordance with the Act, which model regulations have been completed; and
WHEREAS, the Planning, Building and Development Department has prepared proposed UDO text amendments consistent with the task force's model regulations and recommends that the text of the UDO be amended in accordance with Exhibit A attached hereto; and
WHEREAS, in order to mitigate the potential impacts of medical cannabis facilities on surrounding land uses, the Planning, Building and Zoning (PB&Z) Committee is of the opinion the necessary steps should be taken to amend the UDO accordingly; and
WHEREAS, your Zoning Board of Appeals, after reviewing the testimony presented at the public hearing on the aforesaid petition, has submitted its report thereon to the County Board and its report recommends by a vote of 7 - 0 that the proposed text amendment be approved as specified in Exhibit C; and
WHEREAS, a public hearing has been held by the Lake County Zoning Board of Appeals pursuant to the Statutes of the State of Illinois on the petition of the County of Lake, which seeks to amend the text of the Lake County Unified Development Ordinance; and
WHEREAS, the Regional Planning Commission, after reviewing the text amendments recommends by a vote of 11-0 that the proposed text amendments be approved as specified in Exhibit C; and.
WHEREAS, your Planning, Building and Zoning Committee duly considered the proposed text amendment aforedescribed and recommends by a vote of 6 to 0 that the text amendments be approved as specified in Exhibit A. Motion made by Member Pedersen, with a second by Member Hewitt, to grant the petition. Voting "Aye" Hart, Hewitt, Pedersen, Taylor, Weber and Wilke; voting "Nay", none.
NOW, THEREFORE, BE IT RESOLVED by the Lake County Board that the text amendments to the Lake County Unified Development Ordinance are approved as specified in Exhibit A; and
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 11th day of March, 2014.