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HomeMy WebLinkAboutPlanning Commission Minutes - 2-4-14 G'ity of Central Point Planning Commission Minutes February 4, 2014 I. MEETING CALLED TO ORDER AT 6=00 P.M_ II_ ROLL CALL Commissioners Chuck Poland, Mike Oliver, Tom Van Voorhees, Kay Harrison, Craig Nelson and Tim Schmeusser were present. Susan Szczesniak was absent. Also in attendance were: Tom Humphrey, Community Development Director, Don Burt, Planning Manager and Karin Skelton, Planning Secretary. III_ CORRESPONDENCE —None IV_ MINUTES Tom Van Voorhees made a motion to approve the minutes of the November 5, 2013 Planning Commission meeting_ Tim Schmeusser seconded the motion. ROLL CALL: Mike Oliver, yes; Tom Van Voorhees, yes; Tim Sclzm eusser, yes; Kay Harrison, yes, Craig Nelson, yes. Motion passed. V. PUBLIC APPEA RAN G'E —None VI. BUSINESS Tom Humphrey presented the Commission with an overview of proposed Municipal Code amendments to add Chapter 5.40, regulations for Medical Marijuana Dispensaries and to revise Chapter 17.37, C'-2(M); Chapter 17.44, C-4; and Chapter 17.46, C-5 to allow Medical Marijuana Dispensaries as Conditional Uses. He noted that 1-1 T1 tb rtunately there had not been a notice published in the paper and so the changes to Chapter 17 would have to be continued to next month's agenda. He made the recommendation that the Commission consider Chapter 5.40 at this meeting. The Commission members agreed and expressed disappointment that the changes to Chapter 17 would have to be continued. He informed the Commission that there is a state appointed Rule Making Committee that is considering how best to implement the Senate Bill for the regulation of medical marijuana dispensaries state-wide. The committee is expected to have its recommendations prior to March 1"� 2014 when the Senate Bill takes effect At the present time, the City has not received any input from either the rule making committee Planning Commission Minutes February 4, 2014 Page 2 or from DLCD. Consequently, the City is proceeding with the attached municipal code amendments to Chapter 5, Business Licenses, to address the new legislation. The City's approach, which is endorsed by the City Manager and the City Attorney, is to add CPMC Chapter 5.40 which would define medical marijuana dispensaries and specify the conditions under which they would be allowed as a conditional use. The draft amendments to Chapter 5 would be limiting but not prohibiting dispensaries in Central Point. He presented maps to illustrate where the dispensaries would be allowed and noted the City believes that prohibiting dispensaries outright would simply invite expensive and unnecessary litigation. The Citizen's Advisory Committee raised the following issues which the Department is investigating further. They were concerned that both growers and suppliers be qualified, which will be done by state law and the department regulating medical marijuana. Other questions revolved around product delivery, disposal and air quality. The state will also be regulating these things. Mr. Humphrey stated that the primary issue is whether to have an outright prohibition on dispensaries or to allow them under limited circumstances. The current belief is that allowing them under limited circumstances minimizes city liability. Another issue that has come up involves a dispensary's compatibility with other uses in a zoning district, specifically child care. In order to avoid this conflict the `first in' business will take precedence. It is unlikely that a child care facility would choose to locate next to a dispensary once one is established particularly when a child care facility has many more options than does a dispensary. It should also be noted that state law allows dispensaries in both commercial and industrial zones. However, Central Point does not typically allow any retail businesses in industrial zones unless they are incidental to the industrial use. Therefore, the City is not advocating any changes to industrial zoning districts at this time. He stated that only permanent structures would be allowed as dispensaries. Zones C5, C4 and C2(M) are the zones recommended. There are some vacant locations currently in these zones and there is the option for someone to build something on vacant land. If a dispensary is proposed within the Urban Growth Boundary, the City and the County would work together in that instance to make decisions. It was mentioned that the Conditional Use Permit should be subject to revocation if the dispensary did not abide by the conditions. Additionally the hours of operation would be defined. Cultivation and infusion would be prohibited on site. It was suggested that the Planning Commission might conduct a poll of citizens to assess the impact of the business. A question was raised regarding the reasoning for not prohibiting them altogether. Mr. Humphrey replied that after considering the litigation in Medford, outright prohibition would be useless and that the City's thought was to limit or control rather than prohibit. Planning Commission Minutes February 4, 2014 Page 3 He said that in instituting strict conditions for the businesses, if they were not compliant they would be subject to a fine of$250 per day until they conformed. The general thought is to be very conservative in order to monitor the entire situation. The Commission inquired whether the growers/suppliers were being regulated. Mr. Humphrey replied that there is no intent to pursue the regulation of growers at the moment, however it is possible to make a separate recommendation to the Council regarding that issue. The public portion of the meeting was opened. Christine Smith introduced herself and addressed the Commission. She informed them that the dispensaries would be completely professional. She felt that the rules being discussed were too stringent and that it would not impact any children if a dispensary was near a school or residential area as there would not be advertising of marijuana on the front of the business. The dispensaries would have a dedicated room for actually dispensing the product and that only people possessing a medical marijuana card would be allowed to enter and purchase it. She also stated that Ashland currently allowed dispensaries in mixed residential and commercial areas without adverse effects. She said that she and her husband grow marijuana and her husband is familiar with dispensaries currently in operation in Portland where they sell their extra product. She informed the Commission that the state requires batch testing to be done by a laboratory to insure safety,but she was not sure if it was a State run lab or not. She stated that marijuana is not as bad as drinking and Central Point currently allows both bars and a Purple Parrot business which she considered worse than any dispensary. She then thanked the Commission for the opportunity to address them. David Painter introduced himself as the Chair of the Citizens Advisory Committee and addressed the Planning Commission. He stated that the CAC had discussed these issues and had had similar concerns as the Commission. He also mentioned the possibility that in the future the issue of recreational use might have to be addressed and he wanted to introduce that in order to cover all contingencies. The public portion of the meeting was then closed. The Commission asked Mr. Humphrey about the difference between a Purple Parrott and a dispensary. Mr. Humphrey responded that there is already criteria in place for adult stores and this is a new area and we are exploring implementation cautiously. As thing evolve, if the businesses turn out to be beneficial to the community, the rules could be relaxed at that time. Currently that are no studies showing the benefits of dispensaries and a conservative approach would prove beneficial in the event the state approves recreational use. Planning Commission Minutes February 4, 2014 Page 4 Don Burt then informed the Commission that as there needed to be some regulations in place before March 1st, he proposed amending the staff report and the resolution so the Commission could make a recommendation to the Council. Kay Harrison made a motion to approve the resolution as modified. Tom Van Voorhees seconded the motion. Roll Call: Mike Oliver, No; Tim Schmeusser, yes; Tom Van Voorhees, yes; Craig Nelson, yes; Kay Harrison, yes. Motion passed. Craig Nelson then made a motion that they make a recommendation to the Council to study implementation of regulations for growers. Tim Schmeusser seconded the motion. Roll call: Mike Oliver, yes; Tim Schmeusser, yes; Tom Van Voorhees, yes; Craig Nelson, yes; Kay Harrison, yes. Motion passed. VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS X. ADJOURNMENT Meeting was adjourned at 7:40 p.m. The foregoing minutes of the February 4, 2014 Planning Commission meeting were approved by the Planning Commission at its meeting on the 2...7 day of , 2014 _/ice ,, Al!,_ Alr arming Commission Chair