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HomeMy WebLinkAbout2015-03-12 - Planning Commission MinutesI. CALL TO ORDER 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/ MINUTES DESCHUTES COUNTY PLANNING COMMISSION DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 MARCH 12, 2015 — 5:30 P.M. Meeting was called to order at 5:30 p.m. by Chair Hugh Palcic. Members present were Vice Chair Ed Criss, Steve Swisher, James Powell, Susan Tunno and Chris Brown. Absent: Todd Turner. Staff present were Nick Lelack, CDD Director; Peter Gutowsky, Principal Planner; Matt Martin, Associate Planner; and Sher Buckner, Administrative Secretary. II. PUBLIC COMMENTS None. III. PUBLIC HEARING: 247 -15 -000065 -TA - Text Amendment to Deschutes County Zoning Ordinance (Title 18) to define, permit, and establish standards for Medical Marijuana Dispensaries in conjunction with state law — Matt Martin, Associate Planner Matt presented slides and a map regarding the text amendment, potential application procedures, and proposed areas for permitted dispensaries. Jessica Jacks, Prevention Coordinator, and Julie Spackman, Community Project Coordinator, presented slides regarding the prevention of underage adult marijuana abuse. Commissioner Powell clarified that we are considering prescription -driven marijuana, not recreational marijuana. He wondered if there is data showing shifts in substance abuse when marijuana becomes available. Jessica and Julie said they would need to get more information. Commissioner Powell mentioned a lecture by a St. Charles pediatrician that is accessible on the St. Charles website. Jessica said they also look at perceptions, which may be changing. Commissioner Powell asked if there is any change in the pattern of use when a dispensary comes in — how much remains with prescriptions, and how much is subverted into another part of the system? If there is not much diversion, maybe some of the concerns are not as cumbersome. Julie said they are concerned because they do see diversion. The numbers of people who were to be served with medical marijuana as it was first intended have far been exceeded, and they do see it being used in unintended ways. Jessica said they receive data every two years, so they will get the next set in the spring of 2016. Deek DeMars, Detective Sergeant with the Sheriff's Office, acknowledged that this is a difficult topic. Regarding farmlands and EFU, the Sheriff's Office is in full support. Regarding time constraints, they support restricting hours such as those for stand-alone pharmacies which often close at 5:00. Pharmacies in Safeway also close well before the stores do, for example. When places such as 7-11 are open late, they become a gathering point for all types of people including youth. When we look at the medical marijuana dispensary program, there are four State investigators who check on them. When an application is filled out, there is an opportunity to opt -out of being published, so there are more dispensaries than are shown online. In order to get the exact number, you need a court order, and law enforcement is also hindered from finding exact locations. Public Comments Jim Petsche wanted to urge the Planning Commission to prohibit marijuana dispensaries within EFU Zones. They are incompatible with farm use and have no purpose in the EFU Zone. He showed a photo of a facility located near his property that has 150 plants inside, in Tumalo. He will be moving into his home in two weeks and the facility owner is blowing noxious fumes at his front door from June through October and making no effort to abate. Under current property regulations, this is legal. The neighbor owns two tax lots and has emailed Jim that he plans to add five or six additional structures to his operation. If not regulated, this will continue; Jim urges prohibition of this activity in EFU zones. Michael Campion operates the facility next to Jim. He bought the property in 1989 and there is also a dairy next to him which he does not complain about. Jim built as close as he could to the property line. Michael Hughes, a lawyer and farmer, testified that his grandfather grew hemp in Nebraska. He agrees with the Sheriff's Office regarding the time limits, especially since these facilities cannot get bank financing yet and usually deal only in cash. He is a capitalist and believes in industry and promoting business. The cannabis industry used to consist of only drug dealers, and it is important for the counties to take an active role in regulation. Drug dealers do not ask for identification; dispensaries do, and they try hard to avoid selling to minors. The cannabis market already exists, we need to have regulations in place and we should embrace it as we do other industries. Regarding the EFU issue, it seems to be based on the notion that medical is based on non-profit. Originally, many dispensaries were set up as non- profit, but they can now be reimbursed for labor. Their margins are often razor -thin and it is hard to make a profit. The ordinance already calls for the allowance of farm stands, special provisions for wineries and ag tourism; Oregon allows out-of-state patients to register for medical marijuana. You will see people who want to operate out of a winery model. We can be the next Napa Valley of the cannabis industry. Some counties will zone it out and ban it, which opens it to the black market and drug deals in parking lots. Colorado got $770 million last year from marijuana revenue and got 9400 new jobs related to the industry. It will be a bigger industry than hay and alfalfa in this state. Measure 91 will send a message to potential businesses that want to locate in the County. Michael added that he has been studying cannabis and the law for over 20 years and will be glad to answer any questions. 2 Commissioner Powell said that one problem in particular with recreational marijuana is the advertising and packaging, and even the advertising used for medical marijuana. How do we supply medical marijuana without making it look like a candy store? Michael said the industry does a lot of self-regulating, and in the last year they have tried to work with the OHA to establish better packaging and stop ripping off trademarks. OLCC will have pretty tight reins on that as well. The medical cannabis patient has to be responsible for not leaving it where kids can get to it, the same as guns. The industry has to work with the regulators for child -proof packaging, etc. One study showed that in states that permit medical marijuana, overuse plummeted. Kids who get into their parents' cannabis aren't as bad off as kids who ingest Percocet. Commissioner Powell said he is concerned with the more potent products available nowadays and asked for suggestions for the County if it becomes a high-growth state — how can we mitigate these effects? Michael felt that scrubbers can reduce some of the odors like those in hog systems, but some people will still be against it. He handled cases in Michigan where people built residences next to hog farms and then tried to sue the farmers, which did not go very far. Vice Chair Criss mentioned that you can't even go into a dispensary without a medical card. He felt distancing the dispensaries from schools is important. We need to ask ourselves what kind of access our rural community really needs. There are undeniable medical benefits from this. He heard there are 26 medicinal stores in Bend. The city cannot tolerate 200 of them. He wondered if the County is considering any ordinances regarding where marijuana can be grown, and Nick said not at this time. Both the County and OLCC receive complaints from time to time which have to be investigated. Commissioner Swisher felt we need to narrow the timeframe as the Sheriff's Office indicated, and also make sure we have good distance from schools. Commissioner Powell wondered about the size of the area if we include schools, day care centers, etc. as areas banned from dispensaries. Matt said the state standard is a 1000 -foot buffer from public and private schools. Commissioner Brown felt that dispensaries are like pharmacies. How many areas allow pharmacies? Matt said only the Town Zone in Sunriver mentions them, and right now no areas are zoned Town Centers. If a specific use is cited in the zoning ordinance, it is not allowed in other zones even if not cited specifically. Because pharmacies are listed in the Town Center Zone, they are not permitted in other districts; but an application for a text amendment could be submitted. Pharmacies in grocery stores are accessory uses to commercial operations. Nick and Commissioner Powell discussed pharmacies and uses in commercial zones. Motion: Commissioner Brown motioned to close the oral and written testimony and proceed directly to deliberations. Seconded by Commissioner Swisher. Motion passed. Deliberations: Commissioner Brown said he was in favor of 10:00 to 7:00 for dispensary hours. Commissioners Tunno, Swisher and Vice Chair Criss agreed. Commissioner Powell said he was in favor of their closing even earlier than 7:00. 3 Vice Chair Criss felt that the stores should not be on EFU land. The other Commissioners agreed. Commissioner Swisher felt that distances to schools should be limited/expanded, as well as those to gathering places. This does place a tremendous burden on the departments to consider and enforce. Commissioner Brown agreed about distance to the schools, which we could make even bigger, as well as the distance from Boys & Girls Clubs. He felt that children in day care are not going to walk over to a dispensary; Commissioner Swisher felt that the parents do, and latchkey care may be an issue with other family members going to a store. Commissioner Powell wanted to clarify partial lot distances, and whether the 1000 -foot distance includes the parking lot for the dispensary or just the store itself. Chair Palcic and Matt discussed extending the limit to 1500 feet. Commissioner Tunno wondered if any OLCC guidelines for liquor stores would be helpful. Commissioner Powell mentioned storefront advertising limits, and Matt said the statute does contain some limitations. Motion: Vice Chair Criss motioned to accept the hours of 10 a.m. to 7 p.m. for dispensaries. Seconded by Commissioner Brown. Discussion: Commissioner Brown moved to add, in addition to schools, clubs or other organizations that are recognized gathering places for youth activities. Commissioner Powell felt we have limited ourselves by not allowing more written and oral testimony. How do we get that data? Should we recommend to the Board that more information be obtained? Commissioner Brown's motion was not seconded. Commissioner Swisher wanted to make sure the context of this conversation is forwarded to the Board. Motion passed. Matt said we will have an initial public hearing before the Board on April 26, with deliberations on April 29. IV. WORK SESSION: HB 2229 (continued), Big Look Bill — Nick Lelack, Director, Peter Gutowsky, Planning Manager Peter Gutowsky discussed a letter being drafted to Jim La Rue at the Land Conservation and Development Commission. Chair Palcic asked what rulemaking entails as well as discussing the six points outlined in the letter. Peter said he revisited the rule, and he felt there should be clarity on the six issues — does updating farm and forest lands include rural subdivisions, for example? How do you zone the new areas? What is carrying capacity? Are wildlife impacts defined? What are "significantly adverse effects"? Lack of clear terminology combined with contentious issues leads to litigation. Commissioner Powell said he agreed with the letter we received from Paul Dewey — there were no errors in the designations at the time. If there is a way to clarify HB 2229 and the County can prompt the State to determine what does not apply here, that may be fine; but he does not want to go back and say there were errors made in the initial determinations. He feels 2229 is dead as an avenue, however. Commissioner Swisher agreed with many of Paul Dewey's points, too; but the State should be encouraged to finish legislative processes. If there are other remedies we can immediately take care of such as setbacks, which would solve an issue for many of our County constituents. He would like to 4 encourage the Board to send a letter to the State asking them to do their work and also work on some issues locally. Peter said that we will be discussing our work plan at the next meeting, and a couple of these items will come up at that time. Nick said we would like to know if we should take the letter to the Board for their support, as we will probably not have a meeting on March 26. Vice Chair Criss said he had talked to a couple of land attorneys about Mr. Anderson's letter, which sounded very disingenuous regarding selling off one -acre lots and then putting them back together later. V. PLANNING COMMISSION & STAFF COMMENTS Commissioner Brown said that when he chaired the Comprehensive Plan Update, we got roped in many times about not putting identifiers into the language. We met that head-on tonight with the word "pharmacy." We can eliminate specificity by eliminating that word from County Code. Nick said that we have our first Goal 11 Exception informational public meetings scheduled. The two dates are April 7 in Sunriver and April 30 in La Pine. The Board on Monday will approve an order ending testimony on TA -13-4 (Title 19 to allow piping in the SR 2.5 Zone). The public comment period closes March 20. They will make a decision on March 25. They will also make a decision on the historical designation on the same date. We will not have a meeting on March 26. Next month, we will initiate the two recruitments for the Planning Commission — Commissioner Brown's and Commissioner Turner's positions. We are in the process of going through extraordinary growth and filling five positions on our staff. There is a lot of activity in Salem right now. Next week, HB 3431 will be the subject of a hearing addressing Metolius transfer development opportunities. We are working on our first comprehensive user fee study and a five-year plan for the department, as well as the work plan for the next fiscal year. We will send to you, either tomorrow or Monday, the Miller Tree Farm decisions. The CAG has filed a Freedom of Information request for all emails from all agencies regarding Goal 11. VI. ADJOURN There being no further business, the meeting was adjourned. Resp tfully su mitted, r Buckne Administrative Secretary The video record of this meeting can be located at: http://www.deschutes.org/cd/page/cdd-meeting-videos 5