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LU 16-0009: Marijuana Time, Place, and Manner

Project Description

A request from the City of Lake Oswego for text amendments to the Lake Oswego Community (LOC) Development Code for the purpose of regulating marijuana producers, processors, wholesalers, dispensaries, and retailers.

BACKGROUND

On December 3, 2015, the City Council enacted Ordinance 2698 banning medical marijuana processors and dispensaries, and recreational marijuana producers, processors, wholesalers and retailers, in the City of Lake Oswego.  As required by state law (2015 House Bill 3400), the ordinance will be referred to city voters for the November 8, 2016 election.  The Oregon Health Authority and the Oregon Liquor Control Commission will not register or license medical or recreational marijuana facilities in the city pending the election results.

The State establishes restrictions on the location and operation of marijuana facilities.  It also authorizes cities to impose certain types of “reasonable regulations” beyond those imposed by state law.  On September 20, the City Council enacted Ordinance 2713 establishing Marijuana “Time, Place, and Manner” regulations, which are in addition to those already imposed by state law.  The ordinance can be downloaded here:  ORDINANCE 2713

In summary, Ordinance 2713 establishes the following time, place and manner restrictions on marijuana business in Lake Oswego:

  1. Marijuana production, processing, and wholesale facilities limited to the Industrial Zone of the Foothills District.
  2. Marijuana testing and laboratory facilities limited to the Industrial Park zone.
  3. Buffers required for marijuana retail facilities, including sales of medical and recreational marijuana:
    • 1,500 ft. around schools, where the state requires 1,000 ft.
    • 1,500 ft. around public recreation facility (athletic field, court, gym, swim pool, Oswego Lake swim park, etc.), public playground, public library or public community center.
    • 500 ft. around state-licensed daycare facility or preschool.
    • 1,000 minimum spacing (separation) between marijuana retailers required.
  4. Retail marijuana prohibited in Neighborhood Commercial, Campus Research and Development, and Office Commercial zones.
  5. Development review application with public notice required for establishment of marijuana facility.
  6. Use-specific standards addressing health, safety and welfare concerns, including security, odor, lighting, waste disposal, and adequate public facilities.

For the complete Planning Commission and City Council public hearing record on Ordinance 2713, please see the documents below.

 

Updates

09/21/16

On September 20, 2016, the City Council made a final decision on the proposed amendments and enacted Ordinance 2713.  A link to the ordinance is available below under "Key Documents".

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09/07/16

The City Council held a public hearing on September 6, 2016, and tentatively approved the proposed amendments as discussed during deliberations.  The City Council will make their final decision on September 20, 2016

For more information regarding the Council's agenda and schedule, please contact Anne-Marie Simpson, City Recorder, (503) 534-4225.

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08/11/16

The City Council public hearing is scheduled for September 6, 2016.

For more information regarding the Council's agenda and schedule, please contact Anne-Marie Simpson, City Recorder, (503) 534-4225.

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PLANNING COMMISSION RECOMMENDS APPROVAL

At its June 13, 2016 meeting the Planning Commission adopted the Findings, Conclusion and Order, finalizing its recommendation to City Council. The public hearing staff report and video of the May 23 hearing are available on the meeting page. Click here to go to the meeting webpage for May 23.  A link to the Findings is available below under "Key Documents".

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04/06/16

On March 28, 2016, the Planning Commission conducted Work Session #1 on LU 16-0009, where it received background and provided initial input to staff regarding CDC amendments regulating marijuana businesses.

A second Planning Commission work session is scheduled for April 11. Public comments will be accepted.

Following the April 11 meeting, a Public Review Draft of the Marijuana Time, Place, and Manner regulations will be published, with the public comment period running April 15 – May 6.

This proposal is tentatively scheduled to come before the Planning Commission for a public hearing May 23. The City Council intends to adopt Marijuana Time, Place, and Manner regulations prior to the general election this November when Lake Oswego voters decide if they want to maintain the present ban on marijuana businesses.

Staff Reports/Memorandums

Notice of Limitations about Materials Posted on Land Use Project Pages

The Case File Materials posted under the designated Planning Division’s Land Use Project Pages and links are:

  • For the convenience of the community and are not the official version;
  • Posted on a periodic (not daily) basis. Typically, materials are not posted until the deadline for submission has passed, in order to post all materials relating to the same deadline at the same time.
  • Materials the Project Manager has designated at the time of posting to be included in the Record before the reviewing authority– the entire contents of the Planning Division’s Case File are NOT posted.

-  There are additional materials in the Case File that the Project Manager believes are NOT for the purpose of addressing whether the proposed development application complies with the applicable criteria. These additional materials are NOT posted. (Only materials identified by the applicant or interested parties for the purpose of addressing the applicable criteria are made a part of the “record” before the reviewing authority.)

The Planning Division’s Case File may be viewed by the public Monday - Friday, excluding holidays, 8 A.M. to 4:30 P.M. in the Planning and Building Services Department. Persons are encouraged to contact the Project Manager to arrange for a suitable location to review the materials in the Case File.

Note: Materials exempt under the Oregon Public Records Law, ORS 192.501 and 192.502 may be withheld from public review of the Case File; such materials are NOT a part of the “record” before the reviewing authority in determining whether or not the proposed development complies with the applicable criteria.
Land Use Applications & More

ID

LU 16-0009

Type

Land Use Case

Owner/Applicant

City of Lake Oswego (A)

Project Contact

Scot Siegel, Planning and Building Services Director, (503) 699-7474 or e-mail.

Hearing Date

Tue, Sep 6, 2016

Reviewing Body

City Council

Related Meetings

Mon, May 23 6:30pm
Mon, Apr 11 6:30pm

Status

Inactive