Title
Planning File LE-16-0001 - Adoption of Time, Place and Manner Regulations for Marijuana Businesses.
Body
RECOMMENDED ACTION (Motion):
Staff recommends the Planning Commission recommend approval of Legislative file LE-16-0001 to the City Commission.
BACKGROUND:
Staff recommends approval of Legislative file LE-16-0001 based on satisfaction of the criteria for a Legislative action as outlined in the staff report findings.
The City Commission passed Ordinance 15-1017 on November 4, 2015 to ban marijuana businesses. The City Commission will refer the question of whether to prohibit recreational marijuana producers, processors, wholesalers and retailers, as well as medical marijuana processors and medical marijuana dispensaries to the voters of Oregon City. This shall be referred to the electors of the City of Oregon City at the next statewide general election on Tuesday, November 8, 2016. If the citizens of Oregon City Oregon City vote in favor of these types of businesses, the City will need to have in place “time place and manner” regulations so as to provide a legal process for permitting and regulating them. If the voters elect not allow these businesses in the city, these regulations will not go into effect.
Staff has completed the attached draft of time, place and manner regulations for marijuana businesses (attached). The code revisions are based on extensive public outreach, staff research, and input from a variety of sources including the Oregon Liquor Control Commission, League of Oregon Cities, reviews of various other muncipal regulations, and City Attorney legal analysis. The Planning Commission reviewed the draft regulations at the July 11, 2016 Work Session. Though the Planning Commission did not recommend any changes to the proposed code language, a summary of the questions and comments will be presented by staff at the public hearing on July 25th.
The principal section that contains operational and site standards will be OCMC 17.54.110. Please refer to the Marijuana Business Zoning Quick Reference Table for a summary of how each of five main types of marijuana businesses will be regulated in the various zone districts. Maps are also provided as part of the record. The proposed code will treat medical and recreational marijuana businesses similarly.
Marijuana production (i.e. "grows") will be only be permitted in the GI - General Industrial Zone.
Retail uses and dispensaries, as proposed, are prohibited:
- Within 250 feet of any public parks, licensed child care and day care facilities, and public transit centers.
- Within 1000 feet of a public, private or parochial elementary and secondary school.
- Abutting a residential zone unless the zone that permits the retail use or dispensary abuts a freeway, expressway, major arterial, minor arterial, or collector functional road (as shown on Figure 8, Multi-Modal Street System, of the Oregon City Transportation System Plan).
Personal cultivation of marijuana for medical and recreational use will be exempt from the regulations provided it is indoors.
BUDGET IMPACT: N/A
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