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HomeMy WebLinkAboutPlanning Commission Minutes - 3/4/14 City of Central Point Planning Commission Minutes March 4,2014 I. MEETING CALLED TO ORDER AT 6:05 P.M. II. ROLL CALL Commissioners Chuck Piland, Mike Oliver, Susan Szczesniak, Tom Van Voorhees, Craig Nelson, Tim Schmeusser and Kay Harrison were present Also in attendance were: Tom Humphrey, Community Development Director, Don Burt, Planning Manager; and Karin Skelton, Planning Secretary. III. CORRESPONDENCE—None IV. MINUTES Kay Harrison mentioned that the minutes omitted mention of the fact that at the last meeting they had been disappointed to hear that the meeting had not been noticed as a public hearing and that the amendments to Chapter 17 would have to be continued to the next meeting. Tom Van Voorhees made a motion to approve the minutes of the February 4, 2014 Planning Commission meeting with the changes mentioned. Kay Harrison seconded the motion. ROLL CALL: Mike Oliver, yes; Susan Szczesniak, abstained; Tom Van Voorhees, yes; Kay Harrison, yes; Craig Nelson, yes, Tim Schmeusser, yes. Motion passed. The Public portion of the meeting was opened. No one elected to address the Planning Commission. V. PUBLIC APPEARANCES —None VI. BUSINESS Municipal Code Amendments to revise Chapter 17.37, C-2(M); chapter 17.44; and chapter 17.46, C-5 to allow Medical Marijuana Dispensaries as Conditional Uses. Susan Szczesniak stated that she works with addicts and that they discouraged the use of marijuana. She wanted to make the Commission aware of this so that if anyone considered it a conflict it could be addressed. She stated her concern with regard to dispensaries was that they might not limit themselves to "medical"marijuana but might also be an outlet for other drugs. Chuck Piland asked her if she had any reservations about participating and she replied that she did not, however she did want to • Planning Commission Minutes March 4, 2014 Page 2 advise the commission in case they perceived it a conflict of interest. Mr. Piland asked her if she wanted to excuse herself from the meeting at this point and she opted to stay. Tom Humphrey introduced the topic for the meeting which was changes the Chapter 17 of the Municipal Code. This would reinforce the previously discussed guidelines for Medical Marijuana dispensaries within the City. He mentioned the legislature was still discussing the issue of allowing cities to ban dispensaries outright. By adopting stringent regulations for allowing the dispensaries, the City would be protected until further, definitive legislation is forthcoming. Currently, a person wishing to open a dispensary would have to be registered with the state , have a location and would have to obtain a Conditional Use Permit prior to obtaining a business license from the City. The cost of the Conditional Use permit would be approximately$2,500. Additionally, by allowing dispensaries only in C-4, C5 and C2M zoning, there are only minimal locations available for dispensaries. At this time Mr. Humphrey informed the Commission he was asking that they recommend approving Resolution 799 which would amend Chapter 17 of the Municipal Code to conform with Chapter 5. Tom Van Voorhees asked for information regarding the procedure for approving a Conditional Use Permit. Mr. Humphrey explained the process of submitting an application, notifying neighboring businesses and allowing time for response. He indicated that the Conditional Use Permit would be reviewed by the Planning Commission and that it would take between 6 and 8 weeks to finalize the process. Mike Oliver said that he did not feel that Medical Marijuana Dispensaries should be allowed in the community. It was mentioned that with the State still debating the issue of allowing cities to ban dispensaries outright, Central Point should perhaps wait until that issue was resolved . Mr. Humphrey stated that at this time the State was allowing applications for the dispensaries and that by imposing stringent regulations now, we are protecting the community by keeping dispensaries to a minimum and could revisit the issue should the State approve allowing cities to ban dispensaries outright. Another subject of concern to the Commission was the growers currently residing in the community. Kay Harrison indicated that with the growers dispensing out of their homes they might be more dangerous than dispensaries because they are not regulated by anyone. Mr. Humphrey said that the Chief of Police would be at the next meeting in April and would address those issues. He added that the council is leaning toward not pursuing regulation of the growers due to lack of manpower. Craig Nelson asked what the city attorney's opinion was with regard to banning or allowing the dispensaries. Mr. Humphrey said that the City Attorney approved the approach of strictly limiting the available locations and the need for the Conditional Use Permit for dispensaries at this time. Planning Commission Minutes March 4, 1014 Page 3 Craig Nelson asked for clarification of the fine for noncompliance by a dispensary. Mr. Humphrey informed the Commission that it was a $250 per day fine for noncompliance. Susan Szczesniak asked what would happen if the Commission approved Resolution 799 at this meeting and the State then changed the law to allow Cities to ban dispensaries. Mr. Humphrey replied the Commission could approve the Resolution with the caveat that should the State laws change, the commission would revisit the issue. Resolution 799 only conforms Section 17 of the Municipal Code to the changes previously made in Chapter 5 which was passed by the council. This would clarify the code and alleviate any inconsistencies. However the issue would be brought up before the City Council and they would have the final say. Tom Van Voorhees made a motion to recommend approval of Resolution 799 to the City Council. ROLL CALL: Mike Oliver, No; Sussan Szczesniak, No; Tom Van Voorhees, yes; Craig Nelson; Yes; Tim Schmeusser, yes; Kay Harrison, yes. Motion passed. Kay Harrison made a second motion to approve Resolution 799 with the caveat that should the State pass legislation allowing cities to ban dispensaries that the Commission would review the amendments. Susan Szczesniak seconded the motion. ROLL CALL: Mike Oliver, yes; Tom Van Voorhees, yes; Susan Szczesniak, yes; Craig Nelson, yes; Tim Schmeusser, yes, Kay Harrison, yes. Motion passed. Don Burt addressed the Commission and referred to the proposed amendments to Chapter 17 of the Municipal Code which would clarify the language and make it consistent with Chapter 5. It would include ORS citations in the wording as that would be simpler than referring the reader to look them up separately. He said that he had provided the amendments electronically and would provide hard copies at the April 1, 2014 meeting. Chuck Piland recommended that the Commission members look on the Web for state rules concerning Marijuana dispensaries. From what he had read, the intent was always there to allow cities to ban them, however the final legislation that was passed did not allow that. VII. DISCUSSION VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS Planning Commission Minutes March 4, 2014 Page 4 X. ADJOURNMENT Mike Oliver made a motion to adjourn the meeting. Craig Nelson seconded the motion. Meeting was adjourned at 7:05 p.m. The foregoing minutes of the March 4, 2014 Planning Commission meeting were approved by e Planning Commission at its meeting on the (p day of Q( {i , 2014. /�/1� ' Y C �aA c gas Planning Commission Chair