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HomeMy WebLinkAboutOrdinance 2015-004 EX L - Medical Marijuana Dispensaries FindingsPAGE 1 OF 5 – EXHIBIT “L” TO ORDINANCE 2015-004 Findings FILE NUMBER: 247-15-000063-TA APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97701 PROPERTY N/A OWNER: REQUEST: Text Amendment to the Deschutes County Zoning Ordinance (Title 18) to define, permit, and establish standards for Medical Marijuana Dispensaries in conjunction with State law. STAFF CONTACT: Matthew Martin, AICP, Associate Planner I. APPLICABLE CRITERIA: Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS: PROPOSAL: Text Amendment to the Deschutes County Zoning Ordinance (Title 18) to define, permit, and establish standards for Medical Marijuana Dispensaries in conjunction with State law. On March 17, 2014, the Board of County Commissioners (BOCC) adopted Ordinance No. 2014-008 establishing a moratorium on the operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes County. This ordinance included a sunset clause resulting in the repeal of the ordinance on May 1, 2015. In anticipation of this repeal, the BOCC directed the Community Development Department to initiate these amendments. The proposed amendments are intentionally broad in scope, referring primarily to Oregon Revisions Statute (ORS) 475.300, Oregon Medical Marijuana Law1. This will allow the public process to engage interested agencies, general public, and the Planning Commission to identify the needs and interests of the community. The results will be a decision by BOCC establishing regulations for dispensaries in unincorporated Deschutes County. III. CONCLUSIONARY FINDINGS: A. CHAPTER 22.12. LEGISLATIVE PROCEDURES 1 ORS 475.300 www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors475.html PAGE 1 OF 5 – EXHIBIT “L” TO ORDINANCE 2015-004 PAGE 2 OF 5 – EXHIBIT “L” TO ORDINANCE 2015-004 1. Section 22.12.010. Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. FINDING: A public hearing will be held before the Planning Commission on March 12, 2015 and an additional public hearing before the Board of County Commissioners is scheduled on April 8, 2015. 2. Section 22.12.020. Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: Notice of this proposal and related public hearing was published in the Bend Bulletin newspaper on March 1, 2015. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Notice will be posted on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed amendment in question does not apply to any specific property, no individual notices were sent. This criterion has been met. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice has been provided to the County public information official for wider media distribution. 3. Section 22.12.030. Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division, which received a fee waiver. This criterion has been met. PAGE 3 OF 5 – EXHIBIT “L” TO ORDINANCE 2015-004 4. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. FINDING: Both the Planning Commission and the Board of County Commissioners will serve as review bodies for this legislative change in the order outlined above. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The Planning Commission held a work session on February 26, 2015 to review the proposed amendment. The Planning Commission held a public hearing on March 12, 2015, to receive testimony regarding the proposed amendments, deliberated, and recommended approving the amendments subject to the following changes: Changing the permitted hours of operation to 10am to 7pm. Not allowing dispensaries in the Exclusive Farm Use (EFU) zone.2 5. Section 22.12.050. Final Decision All legislative changes shall be adopted by ordinance FINDING: File No. 247-15-000063-TA will be implemented by ordinance upon approval and adoption by the BOCC; this criterion will be met. IV. PROPOSED TEXT AMENDMENTS: The proposed text amendments are identified by underline in the attached exhibits with explanation of the proposed change below. Title 18 of the Deschutes County Code Amendment: Defining Medical Marijuana Dispensaries Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS (Exhibit A) Explanation: The proposed definition refers directly to ORS 475.300-346 and the defining standards provided therein. Structuring the definition in this manner will allow seamless consistency with State law in the event State law is amended by the Legislature requiring no local action to comply. Conditional Use Subject to Site Plan, Conditional Use, and Specific Use Standards Chapter 18.16. EXCLUSIVE FARM USE ZONES (Exhibit B) 2 Katherine Daniels, Farm and Forest Land Specialist with the Department of Land Conservation and Development stated in a March 2, 2015 email that HB 3460 (2013) does not preempt state or local land use law. Therefore, there is no authorization to allow dispensaries in EFU zones. PAGE 4 OF 5 – EXHIBIT “L” TO ORDINANCE 2015-004 Explanation: Dispensaries are proposed as a conditional use in the Exclusive Farm Use (EFU) zone. This is in compliance with ORS 475.314(3)(a) which indicates dispensaries “must be located in an area that is zoned…as agricultural land.” Staff determined dispensaries are most similar to existing conditional uses permitted in the zone that have commercial use operating characteristics and demands including traffic generation, parking demands, and serving the general public. Review of a proposed dispensary in the EFU zone will be subject to the applicable standards of DCC 18.116 (supplementary provisions), DCC 18.124 (site plan review), and DCC 18.128 (conditional use). Permitted Outright Subject to Site Plan and Specific Use Standards Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE Proposed in Commercial/Mixed Use District. (Exhibit C) Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS Proposed in the Commercial and Commercial-Rural Districts. (Exhibits D and E) Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS Proposed in the Commercial and Industrial Districts. (Exhibits F and G) Chapter 18.74. RURAL COMMERCIAL ZONE Proposed in Deschutes Junction, Deschutes River Woods Store, Spring River, Pine Forest and Rosland. (Exhibit H) Chapter 18.100. RURAL INDUSTRIAL ZONE (Exhibit I) Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER Proposed in the Commercial, Town Center, and Business Park Districts. (Exhibit J) Explanation: Dispensaries are proposed as a use permitted outright subject to site plan review in the commercial, industrial, and mixed use zones listed above. This is in compliance with ORS 475.314(3)(a) which indicates dispensaries “must be located in an area that is zoned for commercial, industrial or mixed uses…” Staff evaluated the existing and permitted uses in each zone and found dispensaries were most similar to those commercial uses eng aged in retail sale of products as they have similar operating characteristics including traffic generation, parking demands, and serving the general public. Review of a dispensary in these zones will be subject to the applicable standards of DCC 18.116 (supplementary provisions) and DCC 18.124 (site plan review). Specific Use Standards for Medical Marijuana Dispensaries Chapter 18.116. SUPPLEMENTARY PROVISIONS (Exhibit K) Explanation: The proposed specific use standards primarily refer directly to ORS 475.314 which outlines the locational standards for dispensaries. The standards of ORS 475.314 include locational requirements that the dispensary: May not be located at the same address as a marijuana grow site; Must not be located within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; and Must not be located within 1,000 feet of another medical marijuana facility. PAGE 5 OF 5 – EXHIBIT “L” TO ORDINANCE 2015-004 Similar to the proposed definition explained above, the proposed specific use standards are structured in a manner that will allow seamless consistency with State law in the event State law is amended by the Legislature with no local action necessary to comply. The one additional local standard proposed is limiting the operating hours to 7:00pm to 10:00pm. V. CONCLUSION: Based on the information provided herein, Staff recommends approval of the proposed text amendment to clarify define, permit, and establish use standard for medical marijuana dispensaries.