HomeMy WebLinkAboutMedical Marijuana Dispensaries Staff MemoCommunity Development Department
Planning Division Building Safety Division Environmental Solis Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: March 31,2015
TO: Deschutes County Soard of County Commissioners
FROM: Matthew Martin, Associate Planner
RE: Public Hearing -Text Amendments Addressing Medical Marijuana Dispensaries
I. SUMMARY
The Planning Division is bringing a package of text amendments to the Soard of County
Commissioners (SOCC) for a public hearing on April 8, 2015. These amendments propose to define,
permit, and establish standards for medical marijuana dispensaries. These amendments do not
address regulation of recreational marijuana or medical marijuana grow sites.
II. BACKGROUND
On March 17, 2014, the SOCC 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, Staff is presenting proposed text amendments.
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.1
The Planning Commission also wanted to acknowledge that, in addition to schools, there was interest
in not allowing dispensaries within 1,000 feet of other locations frequented by minors (Le. Soys and
Girls Club, YMCA, parks, daycares, etc.) as an additional protective measure for children. However,
there was concern about verifying compliance because the location of such uses may not be readily
identifiable whereas school locations are registered through the Oregon Department of Education. This
compliance challenge led the Planning Commission to not recommend including a distance
requirement from these additional uses.
III. SCHEDULE
A public hearing before the Soard of County Commissioners is scheduled on April 8, 2015.
Attachment:
Staff Report -File No. 247-15-000063-TA
1 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.
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Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Staff Report
FILE NUMBER: 247 -15-000063-T A
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 Law 1 . 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.oreqonlegislature.gov/billslaws/lawsstatutes/20130rs475.html
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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 22.0B.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.
File No. 247-15-0063-T A Page 2 of 5
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 shal/ 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
AI/legislative changes shal/ 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.
File No. 247-15-0063-TA Page 3 of 5
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. (Exhibit D)
Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS
Proposed in the Commercial and Industrial Districts. (Exhibit E)
Chapter 18.74. RURAL COMMERCIAL ZONE
Proposed in Deschutes Junction, Deschutes River Woods Store, Spring River, Pine
Forest and Rosland. (Exhibit F)
Chapter 18.100. RURAL INDUSTRIAL ZONE
(Exhibit G)
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE -SUNRIVER
Proposed in the Commercial, Town Center, and Business Park Districts. (Exhibit H)
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 engaged 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 I)
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.
File No. 247-15-0063-TA Page 4 of 5
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.
Attachments
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
File No. 247-15-0063-TA Page 5 of 5