2021-363-Ordinance Recorded 9/13/2021REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County
Steve Dennison, County Clerk
Commissioners' Journal
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2021-363
CJ2021-363
09/13/2021 1:08:00 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning, to Extend
Recreational Marijuana Retail Hours of Operation. * ORDINANCE NO. 2021-011
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000579-TA) to the Deschutes County Code (DCC) Title 18, Chapter 18.116,
Supplementary Provisions, to extend the permitted hours of operation of marijuana retail businesses; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 22,
2021 and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous
recommendation of approval pending minor clarifications to the proposed language; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 25, 2021 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in
Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikedI
PAGE 1 OF 2 - ORDINANCE NO. 2021-011
Section 2. FINDINGS. The Board adopts as its findings, Exhibit `B" attached and incorporated by
reference herein.
Dated this of544tM621
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY D BONE, Chair
s
PHILIP CHANG, Vice Chair
ATTEST:
Recording Se retary ATTI ADA R
Date of 1" Reading: day of 2021.
Date of 2nd Reading: day of it 021.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Philip Chang
Patti Adair
Effective date: 7 day of e , 2021.
PAGE 2 OF 2 - ORDINANCE NO. 2021-011
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.330 Marijuana Production, Processing, Retailing, and Wholesaling
C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be
subject to the following standards and criteria:
1. Hours. Hours of operation shall be no earlier than 9.7:00 a.m. and no later than 710:00 p.m. on the
same day.
2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped
to prevent detection of marijuana plant odor off premise by a person of normal sensitivity.
3. Window Service. The use shall not have a walk-up or drive-thru window service.
4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA registrant.
5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion
thereof, occupied by the marijuana retailer, except as allowed by state law.
6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked,
ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In
addition, marijuana retailing shall not be co -located on the same lot or parcel or within the same
building with any marijuana social club or marijuana smoking club.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1,000 feet from:
i. A public elementary or secondary school for which attendance is compulsory under Oregon
Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any
property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as described in
ORS 339.030(l)(a), including any parking lot appurtenant thereto and any property used by
the school;
iii. A licensed child care center or licensed preschool, including any parking lot appurtenant
thereto and any property used by the child care center or preschool. This does not include
licensed or unlicensed family child care which occurs at or in residential structures;
iv. National monuments and state parks; and
v. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary
registered with the OHA.
b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of the
affected property to the closest point of the building space occupied by the marijuana retailer.
For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be measured from the closest
point of the building space occupied by one marijuana retailer to the closest point of the
building space occupied by the other marijuana retailer.
c. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after a
marijuana retailer has been licensed by or registered with the State of Oregon shall not result in
the marijuana retailer being in violation of DCC 18.116.330(B)(7).
(CJrd. 2021 _01 1_ 1. 70? 1__Ord. 2021-004 §7, 2021; Ord. 2020-007 §16, 2020; Ord. 2019-012, 2019; Ord.
2018-012 §3, 2018; Ord. 2016-015 § 10, 2016)
Chapter 18.116 1- (9/2021)
EXHIBIT A to ORDINANCE NO. 2021-011
FINDINGS
PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The changes are as
follows:
• DCC 18.116.330(C)(1): Changes hours of operation for marijuana retailing from 9:00 a.m. — 7:00 p.m. to
7:00 a.m. —10:00 p.m., in line with OLCC hours.
II. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment.
Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the
amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public
hearing.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post
acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day
notice was initiated on June 9, 2021. The Planning Commission held a public hearing on July 22, 2021 and the
Board of County Commissioners held a public hearing on August 25, 2021. The Findings document provides the
adequate factual basis for the amendments.
Goal 3: Agricultural Lands: The proposed amendments do not make changes regarding marijuana's status as a
farm crop, or the appropriate location of commercial grow sites and processing operations, and therefore
continue to support Statewide Goal 3, to preserve and maintain agricultural lands. The proposed amendments to
the County Code are consistent with these provisions of state law and are therefore consistent with Goal 3.
Goal 4: Forest Lands: The proposed text amendments do not propose to change the County's Plan policies or
implementing regulations for compliance with Goal 4, and therefore are in compliance.
Goal S: Open Spaces, Scenic and Historic Areas, and Natural Resources: Complies because the text amendment
does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic
and historic areas, and natural resources.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to change the
County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance.
Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in
compliance.
Page 1 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-011
Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan
or implementing regulations regarding recreational needs.
Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic
development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands
but do not propose to amend the Comprehensive Plan. Nevertheless, there are currently two retail marijuana
businesses in unincorporated Deschutes County. DCC 18.116.330(C)(1) permits hours of operation from gam to
7pm for marijuana retail; however, the OLCC permits hours of operation from 7am to 10pm. Increasing the
allowable hours has the potential to increase those retail businesses' economic opportunities with respect to sales
as well as employment.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated
to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the
County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: The proposed text amendments do not propose to change the County's Plan or
implementing regulations regarding the Transportation System Plan; therefore, they are in compliance.
Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's
Plan or implementing regulations regarding energy conservation.
Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or
implementing regulations regarding urbanization.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain
these types of lands.
D. Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the
community and conduct land use planning. As described above, the proposed regulations will be discussed at
work sessions with the Board of County Commissioners, as well as to the Planning Commission, which is the
County's official committee for public involvement. Both will conduct separate public hearings.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this
section is to "maintain an open and public land use process in which decisions are based on the objective
evaluation of facts." Staff, the Planning Commission, and the Board reviewed the text amendments.
Chapter 2, Resource Management: This chapter sets the Goals and Policies of how the County will protect
resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental
Quality.
Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and
the agricultural industry." Retail businesses are not permitted on agricultural lands.
Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the
promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming
Page 2 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-011
enterprises including but not limited to, niche markets and organic farming and valued -added projects. The
proposed text amendments do not change existing marijuana businesses' ability to operate as a revenue
generating agricultural businesses.
Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and
emerging agricultural conditions and markets. As noted above, retail businesses are not permitted on
agricultural lands so this Goal does not apply.
Page 3 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-011
ESBOARD OF
C� �
tid
c
COMMISSIONERS
MEETING DATE: September 8, 2021
SUBJECT: Second Reading: Marijuana Retail Hours Text Amendments (Ord. No. 2021-011)
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will conduct a second reading of Ordinance No. 2021-
011 on September 8, 2021. The Board held a public hearing on August 25 concerning
Ordinance No. 2021-011, legislative amendments to 1) extend the permitted hours for
marijuana retail businesses and 2) modify marijuana annual reporting requirements.
During deliberations, the Board chose to decouple the two components of Ordinance 2021-
011. The amendments addressing the extension of marijuana retail hours were maintained
in Ordinance No. 2021-011 and the requisite exhibits; the Board voted to approve the
modified ordinance at that time and conducted first reading.
BUDGET IMPACTS:
None.
ATTENDANCE:
Tanya Saltzman, Senior Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: September 2, 2021
SUBJECT: Second Reading: Marijuana Retail Hours Text Amendments (Ordinance No. 2021-011)
The Board of County Commissioners (Board) will conduct a second reading of Ordinance No. 2021-
011 on September 8, 2021. The Board held a public hearing on August 25 concerning Ordinance No.
2021-011, legislative amendments to 1) extend the permitted hours for marijuana retail businesses
and 2) modify marijuana annual reporting requirements.' During deliberations, the Board chose to
decouple the two parts of Ordinance 2021-011. The amendments addressing the extension of
marijuana retail hours were maintained in Ordinance No. 2021-011 and the requisite exhibits; the
Board voted to approve the modified ordinance at that time and conducted first reading. The other
half of the original text amendment package concerning marijuana annual reporting shall be
repackaged into a new ordinance for the Board's separate consideration.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development (DLCD) on June 9, 2021. Staff initially brought these issues to
the Planning Commission for a preliminary discussion on May 13,2 and had a subsequent discussion
with the Board of County Commissioners on May 24,3 at which time the Board directed staff to initiate
the text amendment process. Staff held a public hearing before the Planning Commission on July 22,
2021, at which time the Planning Commission recommended approval of the amendments
addressing the change in retail hours. A summary of the proposed amendments and background
information was provided to the Board in the packet submitted for its August 18, 2021 work session.4
I. PROPOSAL
The proposed text amendments are as follows:
1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-4
2 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2770
s https://deschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2701
4 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-40
DCC 18.116.330(C)(1): Changes hours of operation for marijuana retailing from 9:00 a.m. -
7:00 p.m. to 7:00 a.m. - 10:00 p.m., in line with OLCC hours.
The applicant, in this case Deschutes County Community Development, has submitted findings
summarizing the amendments and stating that the text amendments are in compliance with the
Statewide Planning Goals, and applicable policies of the Deschutes County Comprehensive Plan.
Attachments:
1. Ordinance No. 2021-011
2. Corresponding Exhibits to Ordinance No. 2021-011:
Exhibit A - DCC Chapter 18.116, Supplementary Provisions
Exhibit B - Findings
Page 2 of 2