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HomeMy WebLinkAbout2015-1130 Study Session PACKET CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, November 30, 2015 Council Chambers, 1175 E. Main Street 5: 30 p.m. Study Session 1. Public Input (15 minutes maximum) 2. Look Ahead review 3. Review of codified public art selection process 4. Discussion of Land Use Ordinance Amendments for Homegrown Marijuana and Marijuana-Related Businesses Please note. the packet for this item is also the Public Hearing item for tomorrow's business meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181. 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BACKGROUND AND POLICY IMPLICATIONS: In December 2008, the process to commission, select and approve public art was adopted via ordinance and is codified in AMC 2.29. AMC2.29.100 Process for acquiring public art: A. General: The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call will include specific guidelines and criteria for the specific project..." The Request for Qualifications for the Gateway project is attached. B Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists... C Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use approval processes when required for the use or structure. Attached is a timeline that highlights the history of the Gateway project and the process of the Public Art Commission. AMC2.29 further states that the selection panel be chosen for each project by the Commission after an advertisement is placed in the local newspaper, postcards are sent to all property owners located within 300 feet of the proposed site and a notice is placed on the city's website. The commission did not place an ad in the newspaper or post a notice on the city's website. In the past public art projects, neither newspaper ads nor website notices were effective in generating responses from candidates willing to serve on the selection panels. Accordingly, since about 2010, the PAC has been foregoing the Pa e 1 of 3 IWAX&A CITY OF ASHLAND newspaper ads and website notices. Instead, the PAC has developed a list of persons with qualifications for and interest in serving on art selection panels. Then, as a particular project approaches the point where an aesthetic choice among competing entries must be made, the PAC issues invitations to individuals from the list with experience relevant to the particular project to serve on the selection panel. Postcard notices to neighbors have also proved to only occasionally be effective in recruiting selection panel participants. The PAC has continued sending postcards to people living near projects whenever it believed neighbors might be willing to volunteer to serve on a panel. To get selection panel members for the Gateway Island project, the PAC approached likely candidates from its list of interested persons. The properties immediately neighboring the Gateway Island are a gas station, professional offices, Fire Station No. 1, and the Library. The PAC invited a Library representative to serve as the neighbor representative on the selection panel, expecting that many members of the public would have casual input through the interactions with Library staff. The following citizens served on the Gateway Island Selection Panel: Bruce Bayard, Allison Renwick, Amy Blossom, John Davis, Erika Leppman, Christian Burchard, and Scott Fleury (from the City's Public Works Department). The Selection Panel considered various criteria about each of the submissions including artistic merit and creativity, consideration of Public Art Master Plan goals, purpose and mission, how closely the piece met the RFQ project intent, and how the artwork fits within the context of the site, potential safety conflicts, practical considerations and more. Notes from the Selection Panel are attached and include the criteria stated in the RFQ. Public Outreach The PAC solicited public input during July and August in 2014. Citizens were asked to respond to four question related to the Gateway Island and Ashland. Seventy responses were received and sent to the artists to help inform them about the site and about Ashland. These results were reported to the Council in October, 2014. Click here to view the public input responses. Margaret Garrington, chair of the Public Art Commission, will speak in greater detail about the process, public outreach and more in her oral presentation. COUNCIL GOALS SUPPORTED: 14. Encourage andlor develop public spaces that build community and promote interaction. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: 1. Timeline Page 2 of 3 CITY OF -AS H LAN D 2. AMC 2.29 3. Notes from the selection panel meeting including the criteria stated in the RFQ 4. Information submitted by the Historic Commission Page 3 of 3 ~r, Gateway Island Public Art Project Timeline 2002 - 2003 - Siskiyou Blvd. redesign . Includes re-design, expansion and naming of the Gateway Island. 2004 - Council designated Gateway Island as a placeholder for public art 2007 - Council requested the Public Arts Commission (PAC) use a public input process to develop a master plan. Participants identified gateway art projects as one of the plan goals. Council ap- proves the Public Art Master Plan and allocates 3% of the transient occupancy tax funds desig- nated for tourism for public art 2008 - Council adopts ordinance for the process to acquire public art 2011 - PAC begins development of project description, intent and timeline in order to create the RFQ for professional artists for Gateway Island Art project. January, 2014 - RFQ published and sent to 183 (29 local) contacts, organizations, & artist listing sites March 31, 2014 - 63 responses received to RFQ. April 8, 2014, Aril 18, 2014, April 28, 2014, May 12~ 2014, May 19, 2014, June 20, 2014 - PAC holds public meetings to select the four artists chosen to move forward in the process. August 2014 - the four artists visit Ashland to get a feel for the community. July - September 2014 - Public outreach regarding the Gateway Island includes: • July, 2014, Cite Source Article • Open City Hall topic • Information and input gathering booth on Plaza (August 1 and September 5) • Information and input display at the Ashland Public Library October 2014 - Results of public input are reported to Council. March 2015 - Deadline for the four artists to submit their concept plans. June, 2015 - PAC invites three artists to continue to move forward in the process. September 10, 2015 - The three artists present their concepts to the community. Approximately 60 people attend one of two public presentations held at the Ashland Public Library (notifications of the presentations included three Ashland Daily Tidings articles, a news release on the City's website, e-mail invitation to City Council, Parks and Recreation Commissioners, and members of all City Commissions, a public announcement by the Mayor at the beginning of the Septem- ber 1, 2015 City Council meeting, and a notice in the Ashland Daily Tidings calendar of events.) September 11, 2015 - Selection Panel meets and selects "Gather" by Sunan Zocolla Selection Panel Members included: two local artists, one art historians who is also a member of the Historic Commission, an SOU art professor who was the director of the Schneider Museum, a former Ashland gallery owner, the head librarian of the Ashland Public Library, and the Engineering Services Manager for the City of Ashland. 2.29 Public Art 2.29.005 Definitions A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by any means including direct purchase, commission or acceptance of a gift. B. "Artwork" means visual works of public art as defined herein. C. "Ashland Public Art Collection" means all public art acquired by the City by any means. D. "Capital improvement program (CIP)" means the city' s program for advance planning of capital improvements. E. "City project" or "project" means any capital improvement project in an amount over $25,000 paid for wholly or in part by the city of Ashland to purchase or construct any public building, decorative or commemorative public structure, sidewalk, or multi-use pathway construction, park facility construction, or any portion thereof, within the limits of the city of Ashland. "City project" or "project" does not include public utility improvements, (e.g. electric, water, sewer, or stormwater), LID improvements, including but not limited to streets, sidewalks and associated improvements, property acquisition, earth work, emergency work, minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the Council or responsible contracting officer may include any new city street or utility project (limited to water, sewer and storm water projects) in an amount over $25,000 as a city project under this article, by either vote of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer. F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council. G. "Eligible funds" means a source of funds for projects from which art is not precluded as an object of expenditure. H. "Participating department" means the department that is subject to this article by its sponsorship of a city project. 1. "Percent for art" means the program established by this article to set aside a percentage of the total cost of city projects for public art. J. "Public art" means all forms of original works of art in any media that has been planned and executed with the specified intention of being sited or staged on City Property or on property owned or controlled by the City of Ashland, usually outside and accessible to the public. K. "Public art account" means the city of Ashland public art account in the city budget established by this article into which all moneys donated, appropriated or derived pursuant to the percent for art program shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article. L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the removal and disposal through any available means, such as relinquishing title through sale, gift or destruction. M. "Selection Panel" means a group of individuals selected by the Commission that will evaluate the proposals associated with a particular project in a public meeting. N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art. 0. "Commercial Development Fee" means funds deposited by a commercial developer into the Public Art account when the developer prefers not to incorporate public art into the project and follow the public art process for art acquisition and approval. P. "Total cost" means the entire amount of the city' s financial contribution toward construction and maintenance of a project. (Ord 3003, 2010) 2.29.100 Process for aquiring public art A. General. The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply with the City' s public contracting rules. 1. Acquisition. Acquisition of public art will generally result from: a. The commissioning or purchasing of a work of public art by the city using city funds or donated funds, in accordance with public contracting laws and AMC Chapter 2.50; or b. An offer made to the city to accept a work of public art as a gift, donation, or loan. 2. Removal. Removal of public art may be by request or owing to some damage or destruction of the artwork. B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each project by the Commission after the following notifications have been made: 1. An ad is placed in a newspaper of general circulation in the city, 2. Postcards are sent out to all property owners located within 300 feet of the proposed site, and 3. A notice is placed on the city' s website. The Commission shall pick the Selection Panel by examining applications received from interested parties. C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use approval processes when required for the use or structure. D. Removal and Disposal Process. Except as provided in AMC 2.29.140(B), neither the Council nor the Commission is bound to follow any particular process for removal and disposal of art in the Ashland Public Art Collection. (Ord 3003, 2010) 2.29.110 Review process for gifts or donations The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the city and the Ashland Public Art Collection on its own motion or upon a recommendation by the Commission based on its own evaluation, or by recommendation of the Commission after the Selection Panel has evaluated the artwork using the guidelines in AMC 2.29.130 and the total cost over the life of the artwork. All art works or funds shall be administered by the city in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusively for the purposes of the Commission or as designated by the donor. Funds in this account may only be expended after they have been properly budgeted or approved by the city. (Ord 3003, 2010) 2.29.120 Public Art on Private Property Before public art can be placed on private property the Commission shall determine whether the site is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is found to be appropriate for public art, the City shall secure authorization to use and access the private property where the public art will be located before the acquisition process for public art is initiated. There shall be a written agreement or legal instrument, granting the City permission and control of the property so that the property can be used for public art purposes, including access for installation, maintenance and removal of the artwork. Public art can then be acquired for placement on private property by following the process for: A. Acquisition in AMC 2.29.100, or B. Gifts and donations in AMC 2.29.110. (Ord 3003, 2010) 2.29.130 Guidelines for recommendation by the Commission A. Selection Guidelines for Works of Public Art. 1. Quality. The artwork should be of exceptional quality and enduring value. 2. Site. The artwork should enhance the existing character of the site by taking into account scale, color, material, texture, content, and the social dynamics of the location. 3. History and Context. The artwork should consider the historical, geographical, and cultural features of the site, as well as the relationship to the existing architecture and landscaping of the site. 4. Initial Cost. The total cost of the artwork, including all items related to its installation, should be considered. 5. Maintenance and Durability. The durability and cost to maintain the artwork should be considered and quantified, particularly if the work is servicing, repainting, repairing or replacement of moving parts. 6. Permanence. Both temporary and permanent art works shall be considered. 7. Media. All forms of visual media shall be considered, subject to any requirements set forth by city ordinance. 8. Public Liability. The artwork should not result in safety hazards, nor cause extraordinary liability to the city. 9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural diversity. 10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby businesses. 11. Compliance. Artworks shall not violate any federal, state, or local laws, including specifically AMC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled by the city, or there should be a written agreement or legal instrument, granting the City permission to use the property for public art purposes, including access for installation, maintenance and removal. 2. Visual Accessibility. Public art should be easily visible and accessible to the public. 3. Visual Enhancement. Public art should visually enhance the overall public environment and pedestrian streetscape. 4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be part of the city' s circulation paths. 5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal pedestrian circulation or vehicle traffic. 6. Scale. Public art should not be placed in a site where it is overwhelmed or competing with the scale of the site, adjacent architecture, large signage, billboards, etc. (Ord 3003, 2010) 2.29.140 Standards for the Ashland Public Art Collection A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of artworks. 1. Artworks may be acquired by direct purchase, commission, gift or any other means. 2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal instrument of conveyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties. 3. The city shall obtain the rights of ownership and possession without legal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork, except where expressly provided in the contract with the artist. The artists shall retain all rights and interests in the artwork except for the rights of ownership and possession. 4. The City shall only acquire artworks if. 1) the artist warrants that be will not make a duplicate of the artwork, or permit others to do so, without written permission by the City, and 2) the artist gives permission to the City to make a two-dimensional reproductions as long as all such reproductions provide the copyright symbol, name of the artist, title of the artwork, and the date of completion. 5. Complete records, including contracts with artists, shall be created and maintained for all artworks in the Ashland Public Art Collection. B. Removal. 1. The Commission may recommend removal and/or disposal based on one or more of the following conditions. No public hearing is required for a removal recommendation. a. The site for an artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered. b. The artwork is found to be forged or counterfeit. c. The artwork possesses substantial demonstrated faults of design or workmanship. d. The artwork causes excessive or unreasonable maintenance. e. The artwork is damaged irreparably, or so severely that repair is impractical. f. The artwork presents a physical threat to public safety. g. The artwork is rarely displayed. h. A written request for removal has been received from the artist. 2. Council Removal Process. a. On its own motion, or following receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previously accepted into the Ashland Public Art Collection in their sole discretion. b. Acceptance or placement of donated art by the city does not guarantee continuous public display of the artwork regardless of physical integrity, identity, authenticity, or physical condition of the site. c. Removal officially deletes the work from the city of Ashland Public Art Collection by a relinquishment of title to the artwork; thus, eliminating the city' s obligation to maintain and preserve the artwork. d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific terms for removal and disposal set forth in the contract with the Artist. 3. Removal and Disposal. a. The city may donate the artwork to another governmental entity or a nonprofit organization. b. A work that is deemed to have retained sufficient monetary value to warrant resale, shall be disposed of through a public sale, auction, or any other means as established by city ordinance. c. Artworks removed from the Ashland Public Art Collection may be disposed of through any appropriate means, including the city' s procedures for the disposition of surplus property. C. Borrowing of Artworks. 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership, the eligibility, review criteria, and procedure for borrowed works shall be the same as those established in this article for acquisition. 3. The borrowing of artworks shall be pursuant to written agreement between the city and the artist. 4. Nothing herein prohibits the city from securing other works of art or art exhibitions for display inside its facilities. (Ord 3003, 2010) 2.29.150 Maintenance of the Ashland Public Art Collection A. Except where expressly provided in a contract or warranty for public art the city shall be responsible for all maintenance of all artworks in the Ashland Public Art Collection. B. Within the limitation of the city budget the city shall provide necessary and appropriate maintenance of the Ashland Public Art Collection, including, but not limited to, regular custodial care and landscape maintenance. Maintenance shall be performed in accordance with any special instructions or procedures necessary for the preservation of the work. C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland Public Art Collection shall be immediately reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damage to City property. (Ord 3003, 2010) 2.29.160 Parks Commission The standards and procedures in this article are in addition to, not in derogation of, the Ashland parks commission review responsibilities for projects proposed in city parks. Nothing herein exempts public art projects from compliance with all applicable federal, state, and local laws including, but not limited to, land development regulations and building code compliance. (Ord 3003, 2010) 2.29.170 Development of guidelines The Commission shall have the ability to establish further guidelines concerning its operations; however, only the criteria and processes of this ordinance will be legally binding. (Ord 3003, 2010) 2.29.180 Creation, funding and use of Ashland public art account A. Establishment. The Council hereby establishes a separate account entitled the Ashland public art account to be reflected in the city budget. All fiends donated, appropriated or generated for the purpose of public art acquisition and education shall be deposited in this account and used solely for such purposes, in accordance with this article and other applicable law. Funds generated pursuant to the Commercial Development Fee in lieu established in Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for Art dedication in this section shall all be deposited into the Ashland Public Art Account. B. Permitted Purposes of Public Art Account. The public art account shall be used solely for the acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland Public Art Collection and for art education purposes, such as community outreach presentations and workshops, in accordance with the provisions of this article and other applicable law. C. Requirement for Dedication of a Percent for Art. Any city official or employee who authorizes or appropriates expenditures on behalf of a participating department for a city project shall, to the degree that there are eligible funds, include within the budget for the project a monetary contribution for the public art account equal to one-half percent (0.5%) of the total cost of the project. 1. One-half percent (0.5%) of the total cost of a qualifying city project shall be dedicated to the public art account. Such funds shall be deposited into the public art account by the city official or employee acting on behalf of the participating department no earlier than the time that budgeted funds are encumbered for construction of the city project and no later than final inspection of the completed city project. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any city project. If costs are incurred by the participating department to comply with this article requirement prior to transfer of the one-half percent (.5%) dedication for the city project to the public art account, the participating department may deduct such costs (not to exceed one- half percent) from the one-half percent (.5%) dedication at the time such funds are transferred. D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the city project that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Projects. As a general rule, where a city project will be constructed in phases, the one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of the city project at the time that funds for the phase are appropriated and encumbered. However, nothing in this section prevents the Council from deciding to hold or set aside all or part of the entire dedication from the funds of a particular phase, as the Council deems appropriate. In determining when to hold or set aside the funds for a phased project, the city will consider an overall public art plan for the project to ensure that art is not located on a piecemeal basis with phase construction. F. Monetary contributions for public art shall be deposited in separate accounts within the public art account if separate accounting is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations trade other than through the percent for art program shall be deposited in the public art account and may be dedicated to or earmarked for a specific education program or work of art, subject to acceptance by the Council. H. Disbursements from the public art account shall be made only after authorization of the City Administrator or the Administrative Services Director (Finance), and shall be made according to this article and other applicable city ordinances, including but not limited to the public contracting code (AMC Chapter 2.50). 1. The Council may adopt by resolution case specific waivers or guidelines for administration of the percent for art program, including case-by-case waivers of the required dedication set forth herein based on the availability of public funds, as well as any other matters not specifically addressed herein and appropriate or necessary to the administration of the program. (Ord 3003, 2010) PRINT ® CLOSE Notes Selection Panel Gateway Island September IL 2015 Selection Panel: Bruce Bayard, Allison Renwick, Scott Fleury, Amy Blossom, John Davis, Erika Leppinan, Christian Burchard Welcome Margaret Garrington, chair of the Public Art Commission welcomed the panel. She reminded the group that art is subjective and encouraged the group to put aside personal likes and dislikes, to focus on the criteria and to reach consensus on the piece that works best for the site and for Ashland. Criteria A. Selection Criteria extracted from RFQ Project Intent - How closely does the art piece meet the goals set out in the RFQ: • Is the piece contemporary and original? • Will the artwork stimulate conversation and create a sense of identity for site? • Does the piece have the potential to become a visual landmark/iconic to Ashland? • Will the piece enhance the Gateway location and the experience of entering downtown? B. Artistic merit and creativity How strong (positive or negative) is your response to the visual appearance of the work? Does the piece have the wow factor? • How well does the artwork activate the site in terms of size, form, color, magnitude, etc? • Is the piece engaging from differing viewpoints, levels, angles, and perspectives? • Comparatively, how does each work rate in originality, concept, vision, and overall aesthetics? C. Consideration of public art master plan goals, purpose and mission • Would the art piece elevate awareness of public art in the city? • Is the design visually memorable to the diverse users of the site? • Does the piece lend a unifying identity for Gateway and the public spaces, buildings, and roadways that surround/cross it? D. How the artwork fits within the context of the site • Does the concept articulate the space by expressing a coherent whole engaging to all (pedestrians, bicyclists, vehicles, library, fire station, and bus stop users) • Is the work appropriate for the City placing Ashland in an contemporary context artistically? 1 E. Potential safety conflicts • Does the proposal present conflicts that would interfere with traffic, pedestrian, bicycle or other public safety concerns? F. Practical considerations • Technical feasibility: can the work be built and installed as proposed? • is the piece/material easily maintained? Davis started the discussion by stating that the three different artists have three unique approaches in respect to their background and history: product design (Stoller), engineering design (Beeman) and intuitive fine art design (Zoccola). Zoccola's design approach is site specific. She conceives her designs based on the site, and the design is unlike any of her previous work. Stoller and Beeman presented concepts that seemed to be variations on their previous work. Stoller's concept is a duplication of his previous work and the primary change is the design of the laser art. Davis commented that he has seen Stoller's work and it is stunning but is concerned that his proposal for Ashland is not unique or original. Beeman's piece is creative and reflects his preference for interactive work. He commented that Zoccola's choice for the patina of the steel captures the palette of colors and texture of Ashland, and respects the tonal architecture of the City. Renwick agreed and added that Stoller's work was too literal. Blossom commented that while the idea of hidden "picture" was charming, at the other end of downtown is the literal piece We Are Here sculpture and did we need another vertical piece with identifiable images? It was mentioned that Stoller's concept is identical to his helix form in Carlsbad but with different iconography. Burchard commented that Stoller's piece could be larger if the artist changed the stainless steel to corten steel. Generally, the group felt that asking an artist to change their concept was wrong and art should not be designed by a committee. In addition, making a selection based on possible changes to the concept was not a good thing. All agreed the selection must be based on the work presented not on possible artistic changes. Renwick opened the discussion of visual impact and scale. Generally the group felt that Beeman's piece was out of proportion and scale with the site. Zoecola's and Stoller's were more appropriate in scale. Davis feels Zoccola's piece with "bulk and height" was appropriate for the site. 2 The group went outdoors to view markers placed on a cobra light pole representing the height of each piece. All agreed that thirty feet (Beeman) was too tall and out of scale and that the height of either Stoller's or Zoccola's was more appropriate. They also reviewed the width and depth of the concepts and agreed that Beeman's narrow leg design was not appropriate in scale and out of proportion to the site. The widest point on Stoller's was 5 feet at the highest point of 15 feet. The group felt that Stoller's piece was not in scale to the site. Zoccola's piece is 20 feet tall with a width of 11.5 feet and a depth of 9 feet. All agreed this was the most appropriate in scale to the site. The group agreed to eliminate Beeman's proposal from consideration. Renwick believes that Zoccola's concept goes farther than Stoller's on all levels: it best articulates the space, it is the most appropriate in scale, it doesn't tell the viewers what to see but invites the viewers to think and to imagine what they see and it looks different from every angle. Davis feels that Zoecola is a `fine artist' and intuited her piece from a sense of "this is what should go here". Her recommendation to place it off center was thoughtful and she presented complete ideas. The discussion touched on safety and maintenance. Does Zoccola's piece invite climbing? The group agreed that bad behavior can occur in any number of public places around town. As long as the piece is engineered correctly and built of non breakable parts and can withstand abuse, they should not be concerned with "what might happen". Will the patina of Zoccola's design need to be reapplied. Fleury noted that the design will be easy to maintain with the occasional power washing and that the patina will last 40 years or more since it will be applied using a flame treated application. It will be easy to repair if necessary as the piece will be built of stock steel (round and flat). Garrington asked if the group has reached a consensus and if so was, were they ready to vote? All agreed that Zoccola's was the most compelling and appropriate piece for the Gateway Island. The vote was unanimous to move their recommendation forward to the Public Art Commission and to the City Council. Garrington thanked the committee members for their time and their thoughtful, productive and respectful discussion. 3 CITY OF ASHLAND November 23, 2015 Re: Public Arts Commission Gateway Island Project Dear Honorable Mayor and City Council, Thank you for the opportunity to review the proposed Public Art Commission Gateway Island Project at the Ashland Historic Commissions meeting on November 4, 2015. After hearing public testimony and a discussion among commissioners, we respectfully submit our recornrnendations to the City Council in regard to the Gateway Island Project. First, we would like to address the historic compatibility of the art piece selected by the Public Arts Con-mrission known as "Gather." The proposed project is located in the nationally registered Downtown Historic District. When assessing the compatibility of a project proposed to be located within Ashland's Historic District, the commission considers three main aspects of a project including; 1) whether the location and placement of the proposed project is appropriate, 2) how the scale and mass of the project will fit in with surrounding development, and 3) are the materials selected for the project historically compatible. The commission was divided in their opinion about whether or not the proposed "Gather" project meets the outlined criteria. The discussion was spirited among commissioners with widely varying opinions. At the conclusion of the debate, a slight majority voted in favor to affirm that the proposed project meets the criteria for placement, scale, and materials within the historic district. The second issue that was identified as a concern during the public forum and subsequent discussion by the commission is the issue of the process used to select public art. Specifically, the public as well as commissioners expressed concern that the Historic Commission was not formally consulted during the Gateway Island Project selection process. We respectfully request that the City Council consider including the Historic Commission in the formal selection process for public art when the proposed location is within one of the four Nationally Registered Historic Districts. Including the Historic Commission in the formal process would be in conformance with our powers and duties outlined in the Ashland Municipal Code as well as in keeping with our practice to review all proposed development within the historic districts. Sincerely, Terry Skibby Historic Commission Chair Planning Division Tel: 541-552-2040 A 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms seversodRashland.orms i i ASHLAND HISTORIC COMMISSION Meeting Minutes a November 4, 2015 Community DevelopmenVEngineering Services Building - 51 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER 6:04p.m. - SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way Historic Commissioners Present: Mr. Skibby, Ms. Kencairn, Ms. Renwick, Mr, Emery, Mr. Ladygo, Mr, Shostrom, Mr. Giordano Commission Members Absent: Mr. Swink (E), Mr. Whitford (E) Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder; Clerk: Regan Trapp i i APPROVAL OF MINUTES: Ms. Kencairn motioned to approve minutes from October 7, 2015. Mr. Ladygo seconded. No one opposed. i PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: i Ms. Voisin gave the Council Liaison report. i OLD BUSINESS: Public Arts Commission, Gateway Island proposal, Public input and Commission recommendations on the proposal will happen during this time. s Mr. Skibby opened the discussion by reading a statement from Bill Molnar in regards to the Gateway Island Proposal and what their focus needs to be during this discussion time. Mr. Skibby asked if there was conflict of interest or ex pale contact. Ms. Renwick brought to the attention of the Commission that she was selected for the Arts Commission review panel as a modern art historian and went on to say that was she was not appointed as a representative from the Historic Commission. Ms. Renwick stated that she does not feel she has a conflict of interest or financial gain in this project. Mr, Schexnayder reminded the Historic Commission that unless a Commissioner has financial conflict, they are not required to recuse themselves. Mr. Schexnayder emphasized that if a Commissioner has a pre-disposition likely to affect their objectivity they should disclose it now. Mr. Skibby opened the discussion for comment from the public regarding "Gather". George Kramer of 326 N. Laurel, Ashland, OR addressed the Commission and read his letter to the Historic Commission into record regarding the "Gather" sculpture. See exhibit A, attached. Mr. Kramer stated that he opposed the scale of the sculpture and the process by which it was chosen. He stressed that he does not agree with the Public Arts Commission's broken process and i i encourages the Historic Commission to protect the downtown by making a clear and strong statement to City Council. i David Powell of 875 Beswick Way, Ashland, OR addressed the Commission regarding the "Gather" sculpture. Mr. Powell does not like the scale, massing and location of the sculpture and stated that it does not fit in with what he pictures Ashland to be. Mr. Powell feels that the City should be promoting the Historic character of the town in such a public place, t Alice Mallory of 438 Taylor, Ashland OR addressed the Commission regarding the "Gather" sculpture. Ms. Mallory stated that she represents the thoughts of many citizens of Ashland and would like to ask the City Council to please reconsider the placement of the "Gather" sculpture. Ms. Mallory feels that this large, expansive and expensive, contemporary sculpture would best be suited for the grounds of the City Government offices on East Main Street. A large piece of art like this would complement the Contemporary architectural style of the City offices and could become a symbolic invitation welcoming people to the civic center, the "gathering place" of our local government. This location would provide a home for the "Gather" sculpture, in harmony with its theme and its size while expanding Ashland's reputation as an art community beyond the downtown periphery. The Historic core should be preserved as an area apart from the contemporary and urban areas of town. She is one of many that would like to see a vigorous recruitment of artists from the Rogue Valley, She asks that the City Council slow the pace of this process and plan a public listening meeting so that all voices may be heard. Mr. Skibby closed public input and opened to the Commissioners for comments regarding "Gather". i Mr. Giordano stated that he was impressed with the public comment and could not add more to what was said. Ms. Renwick remarked that an attack on the Public Arts Commission is inappropriate. Having been a part of this process, they were in no way any of the things mentioned in George Kramer's letter. E They were rigorous in their selections and the issue about local artists is that they are, for the most part, not capable of handling an installation of this scale, She emphasized that locals do not pay the Transient Occupancy Tax (Hotels/Motels) which paid for the "Gather" sculpture. She stressed that according to the City website it is not the job of the Public Art Commission to bring art to the Historic Commission nor is it the Historic Commission's job to comment on it. Ms. Renwick went on to say F that an ADHOC committee with both Historic and Public Arts representative's should be formed to change the flawed process. As a member of the Public Arts Commission selection committee, each i member had to write a letter to the City Council. Ms. Renwick read aloud her letter addressed to the City Council stating she is in favor of the sculpture. i There was some discussion by the Commission on the size, scale and measurements of the "Gather" sculpture. Ms. Renwick read aloud the charters of both the Ashland Historic Commission and the Public Arts Commission. Ms. Renwick stated that the descriptions are vague but the point is that we need to address the process. She went on to say that the "Gather' piece has been chosen and that the Historic Commission has known about this for at least 3 years. Ms. Renwick declared that the process going forward needs to be addressed. I { i Ms. Voisin impressed upon the importance that the Historic Commission make some recommendations to the City Council on location, placement, size and materials of the "Gather" sculpture. Ms. Kencairn likes the "Gather" sculpture but says the process is flawed. i Mr. Emery likes the "Gather" sculpture but says the process is flawed. i Mr, Skibby doesn't like the transparency of the art. He stated that it would be more suitable in another location. He commented that it competes with the surroundings and is not compatible with 3 the Historic District. 1 Mr, Kramer interrupted the Commission review and stated that the fact that Ms, Renwick is testifying for the Public Arts Commission when she is a Commissioner on the Historic Commission is totally inappropriate. Mr. Kramer requested a rebuttal once the Commission is done with their comments. Mr. Skibby allowed rebuttal. 3 'i Mr. Shostrom is most concerned about the process. He added that the "Gather" sculpture is out of scale and character for the area. Mr. Giordano stated that art is very subjective and knows there are specific things they are supposed t to comment on but is unable to comment because, in his opinion, the artist made "Gather" for that location, He agrees that the process is flawed. Mr. Ladygo added that he too feels the process is flawed. He went on to say that someone from both the Public Arts Commission and the Historic Commission needs to represent at the Commission meetings. Mr, Ladygo stated that, of the 3 finalists, "Gather" was the most appropriate for the location. Mr, Ladygo is unsure that anything better could have resulted from the process that was in place at the time. Mr. Swink was absent from the meeting but submitted a letter to the Historic Commission in regards f to the "Gather" sculpture. Ms. Trapp noted this letter for the record. See attached exhibit B. Mr, Skibby allowed rebuttal time from the public. Mr. Kramer referenced the duties and responsibilities of the Historic and Arts Commission charter in section 18 which lays out the responsibilities of design review, He declared that the Historic Commission needs to treat this as though the Public Arts Commission was any other applicant. He pointed out that the Gather' sculpture was made to be a landmark and that this landmark will impede the view of the Ashland Springs Hotel "by design". Mr. Kramer went on to say that that the Public Arts Commission did not consider these issues when they wrote the criteria for the RFP. He stressed that the Historic Commission should not allow a failed process to create an incompatible product that will take over a major part of the Downtown area. Ms. Mallory mentioned that she was a tourist in Ashland for many years and was brought here by Ashland's unique character. She noted that tourist's pay for the art but are not asked what they would like to see in Ashland. She went on to say that the residents of Ashland need to be made aware of these projects and that the Commissions need to do a better job of getting the word out. She pointed out that there are voices out there that would like to be heard and would appreciate being notified about public input sessions. F t Mr, Powell was surprised that the downtown art project would not be reviewed by the Historic Commission and that all future projects in this area should go through their review, Mr. Schexnayder gave the Historic Commission direction on what needed to be done to send a clear message to the City Council. After review the Historic Commission was unanimous in their opinion that the process used to select public artwork is flawed, Furthermore, they believe that any Public Arts Commission project proposed to be located within Ashland's Nationally Registered Historic District should require a ` recommendation by the Historic Commission to the City Council. In this instance, they find that the Public Arts Commission Master Plan and the Gateway Island Project RFP are inconsistent. In 1 regards to the artwork selected by the Public Arts Commission for the Gateway Island Project the Historic Commission's opinion was divided. The following is a tally of votes in favor and against four aspects of the project that affect historic compatibility: Location and Placement - 4 in favor vs. 3 against i Scale and Massing - 4 in favor vs, 3 against t Materials - 4 in favor vs. 3 against E Overall Process used for Selection of the Artwork - 0 in favor vs. 7 against PLANNING ACTION REVIEW: PLANNING ACTION: PA-2015-01517 SUBJECT PROPERTY: 209 Oak St., 221 Oak St., 225 Oak St, and 11 B St. OWNER/APPLICANT: Spartan Ashland Natalie Real Estate, LLC AGENTS: Kistler, Small & White, Architects DESCRIPTION: A request for Outline Plan, Final Plan and Site Design Review approvals for the properties at 209 Oak Street, 221 Oak Street, 225 Oak Street and 11 B Street. The proposal includes the renovation of two existing, historic homes; the construction of six townhouses along B Street; and the construction a new, detached residential cottage. Also included are requests for a Variance to allow a 15-foot wide, one-way driveway where a 20-foot driveway width would typically be required; two Conditional Use Permits to allow a 25 percent increase in the Maximum Permitted Floor Area, and to allow a commercial use within an existing, historic residential building; and an Exception to the Street Standards to allow a curbside sidewalk along B Street where a planting strip would typically be required between the curb and sidewalk. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09613; TAX LOTS: 15600, 15700, 15900 and 16000 Mr. Schexnayder gave the staff report on PA-2015-01517 i Mr. Skibby opened the public hearing to the applicant. Ray Kistler of Kistler, Small, White addressed the Commission in regards to the final plan for a type two site review for the renovation of the two historic houses, construction of six townhouses and a residential cottage. t } s i Leslie Gore of Kistler, Small, White, elaborated on the concerns and issues, brought up at the October Historic Commission meeting. j i Mr. Skibby closed the public hearing and opened to the Commission. I t Mr. Giordano motioned to approve PA-2015-01517 with below conditions and recommendations, Mr. Ladygo seconded. No one opposed. I I The Historic Commission recommends approving the application as submitted subject to the specific recommendations below; j 1. The Historic Commission recommends composition shingle roofs for the Mickelson-Chapman House and Smith-Elliot House because this treatment is historically compatible, Metal roof is appropriate for the new cottage. 2. The Historic Commission would prefer the Mickelson-Chapman House remain a residential use because this house is a historical residence. I 3. The Historic Commission recommends that the porch and dormers be restored and that siding be replaced in kind where necessary. 4. The Historic Commission supports the Exception to Street Standards to allow the continuation of the existing curbside sidewalk pattern established with the Winston Building at the corner of f Water and B Streets because this design would allow for larger porches and retains the historic s location of the sidewalk, I i I NEW ITEMS: Review board schedule i s Project assignments for planning actions DISCUSSION ITEMS: Email from David Sherr. Mr. Skibby requested that this be tabled until the next regular meeting. COMMISSION ITEMS NOT ON AGENDA: There were no items to discuss, t _ Review Board Schedule November 12th _ Terry, Kerry, Bill _ November 19th Terry, Sam, Tom November 25th Weds Terr ,Allison, Andrew December 31d Terry, Sam, Keith i I 3 V 1 i Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-007101711 1431135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA404-00251_ 30 S. First St Whitford BD-2013-00813 374 Hargadine Swink PA-2013-01828 310 Oak St. Thompson) Shostrom___ 4 PA-2014-02206_ 485 A Street Renwick PA-2015-00178 - 156 Van Ness Ave Kencairn I PA -2015-00374 160 Lithia Way ` Emery _ _ _ PA-2015-00541 345 Lithia Way Giordano & Renwick PA-2015-00493 37 N. Main Skibby PA-2015-00878 35 S. Pioneer _ _ Ladygo _ PA-2015-01163 868 A' Street Kencairn PA-2015-00980 637 B' Street Shostrom PA-2015-00797 266 Third Ladygo _ j PA-2015-01115_ 34 S, Pioneer Ladygo PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01512 198 Hillcrest Swink PA-2015-01695 399 Beach Skibb PA 2015-01769 860 C Renwick PA-2015-01517 209 Oak Shostrom i ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for December 2, 2015 at 6:00 pm. There being no other items to discuss, the meeting adjourned at 8; 25pm Respectfully submitted by Regan Trapp Testimony of George Kramer, 386 N Laurel, Ashland As presented to the Ashland Historic Commission, 4-Nov-2015 "Old Business, PAC Gateway Island Proposal Chairman Skibby & Members to Commission, } I am glad to see that the Ashland City Council and this body have recognized the wisdom of i including the AHC in review of public art projects. I hope its the beginning of a trend. The project before you is the latest in a series of efforts by the Public Arts Commission proposed for Ashland's NR-listed downtown. I don t agree with the PAC's continued focus on downtown, but given that; I am completely flummoxed by their failure to include the conunission in that efforts. Art is a good thing. The PAC was formed in 2002 with laudable goals and has been well-funded by TOT monies. But public art, like any public-funded endeavor, must be reviewed from multiple standpoints to be successful. The fact that we are here tonight is a testament to the failure of the S PAC process. The PAC would like to present the controversy surrounding its choice of "Gatlret' as being about the philistines lacking an appreciaion of "contemporary" art. That's a convenient stance and I know that many find little of value in this design. In my case the design isn't the problem. My issue with Gather is its scale and the process by which it was chosen. The PAC and their staff outline the public input they sought after winnowing down 60+ respondents to the Gateway RFP into three finalists, of which Gaflier is the preferred alternative. I'm sure they followed that process to a "Tee," But it was the PAC alone who created the criteria a and who selected the finalists. I might have chosen differently, but then I am not an artist. But I am a member of the public. The public that both pays for and has to live with this selection, whatever it may be. Looking at the criteria that the PAC developed I note that the VERY first statement in the Gateway Island RFP asks is "the piece is contemporary and original" and the third is whether the piece has "the potential to become a visual landmark/iconic to Ashland." Its not hard to imagine that at least some of the other responses might have been more compatible in scale and character with Ashland's historic downtown and were removed from consideration precisely for that reason. The Historic Commission was formed in the early 1970s with the goal of protecting and preserving Ashland's historic character while allowing growth and change. You have a laudable record over the past 40+ years of doing just that, and that is particularly evident in our vibrant and successful downtown core, success that is a large part of the reason downtown is the focus of the much newer PAC. Downto A rn is where the people are. I submit to you that BY DESIGN the RFP for the Gateway Island Project was counter to the goals of this commission and the city's long-term interest in preserving and enhancing downtown's historic character. I further subnnit to you that recognition of that simple fact is exactly why the PAC and its staff interpreted City Code to avoid AHC review. And make no mistake, that is that is - precisely what they have done. The PAC's convenient fiction that "public art" is only subject to AHC review when it is physically attached to a building, is just that, fiction. I can't blame therm. If the AHC honestly applies its review standards to Garber, I don`t see how you can possibly approve it for installation in the downtown core. Frankly I can't imagine anyone other than the PAC being so bold as to even suggest it. Page 1 of 2 S i Testimony of George Kramer, 386 N Laurel, Ashland As presented to the Ashland Historic Commission, 4-Nov-2015 E "Old Business, PAC Gateway Island Proposal { Eliminating the AHC from this process by choice, in my opinion invalidates the ENTIRE process. k As a result the Gateway Island Project from the beginning has been rnis-guided, ill-conceived and counter to the character of downtown. Gather may be a nice piece but it is too big, too tall, and 1 visually incompatible with the character of downtown precisely because that is what the PAC ask for. The right response to the wrong question is still wrong. This process was flawed from the start. Gather is the entirely predictable result. I encourage this Comnussion to do its job and in protecting downtown. I encourage you to make a clear and strong statement to City Council that a work like Gather, while perhaps attractive, is 5 nevertheless wrong and incompatible with the character of downtown that you are bound to protect. The process the PAC has followed did not allow your input in a timely manner and, had it, we might have avoided this controversy. This is not about "Art." It is not about contemporary or what I like or you like. This is about location and scale. The PAC should either move Gather to a spot cohere its scale is appropriate or they should go back to the drawing board. And this time they should follow the same standards h that everyone else does, and have their proposals for Downtown reviewed by the Ashland Historic Commission before they get to the point of recommending a preferred design to City Council. And we should fix this problem before any future project, including the $75K downtown beautification project that Council has ah•ady funded for installation between Starbucks and the old Fortmiller's building. 1 While Gather should be stopped, this isri t about Gather. It's about the broken process that allowed it to proceed and that process needs to be fixed. I would encourage the AHC to put that in your a recommendation to Council too. If not, I fully expect we'll all be here doing this again in the future. Respectfully Submitted, 3 j George Kramer 386 North Laurel Ashland, OR Qeorc,e@ureserveoreaon.com Page 2 of 2 Keith Swink Eagle Harbor Designs 524 Granite St, Ashland, Oregon 97520 CCB#134824 (541) 482-1133 LBPR#134824 (541) 482-8857 (fax) CSLB#500745 B HIC November 2, 2015 I Dear fellow Historic Commission members, Since I will not be present for the November 4ih commission meeting, I wanted to f comment in writing a few of my concerns about the PAC gateway sculpture discussion F that I will be missing. Firstly, I want to emphasize that I feel that public art is important in all communities. However..... I believe that the current way that the Historic Commission and Arts Commission constantly run at odds in their respective missions has an ongoing and and frustrating history that needs to be rectified now. f As a member of the Historic Commission I feel that any public artwork that is considered for the installation in any historic district needs to be approved by the Historic Commission. Period! The Arts Commission needs to submit their intentions to our commission just as anyone that has building projects that would impact the historic character of our designated r historic districts would. Especially for an installation that will have such a significant visual effect on our historic downtown corridor as the currently proposed Gateway sculpture. I believe that the currently proposed sculpture is completely inappropriate to represent our community in any way. To me, it is in no way historically compatible with our downtown street scape. It seems to be a sculpture more compatible in a more contemporary large open space park setting. i I I think it is all well and good that the Arts Commission noticed meetings over the past year or more for the public for comment, however, they should have been coming to the scheduled Historic Commission meetings for our feedback and approval before making unilateral decisions about such an important piece of artwork that should represent our community. It is way past time that this situation, where our commissions continually work at cross purpose be rectified by the city council and I support any direction the commission deems appropriate to help rectify this currently flawed process we are regularly struggling with. Sincerely, Keith Swi c i CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Public Hearing on an Ordinance Amending Title 18 Land Use of the Ashland Municipal Code for Homegrown Marijuana and Marijuana-Related Businesses FROM: Maria Harris, Planning Manager, harrism@ashland.or.us SUMMARY: The Planning Commission recommended approval of proposed land use ordinance amendments for homegrown marijuana and marijuana-related businesses at the October 17, 2015, meeting. The amendments create standards for the allowable size, scale, and location of marijuana grown in conjunction with a residential dwelling unit and for the location and manner of operation of marijuana- related businesses and allow up to four plants to be grown outdoors on a residential property, whether for medical or recreational use. The proposed amendments require Council approval, and are scheduled for a public hearing. If the Council decides to move forward, the ordinance amendments are scheduled for first reading on December 15, 2015, and second reading on January 5, 2016. BACKGROUND: The attached Planning Commission Report includes detail regarding the Commission's recommendation on the proposed amendments. The goal of the proposed amendments is to balance the rights of individuals to grow, access, process, and sell marijuana and marijuana products with the enjoyment, peace, safety, and general welfare of residential neighborhoods and the overall function of city facilities. The Commission held a public hearing and deliberations on the proposed amendments on October 27, 2015. Prior to the public hearing, the Commission held study sessions on June 23 and August 25. The Planning Commission forwarded its report on this ordinance at its November 24, 2015, meeting. The proposed land use ordinance amendments are intended to address the new personal use and business allowances for recreational marijuana that were included in Ballot Measure 91 and approved by Oregon voters in November 2014. Measure 91 allows households with one or more persons 21 years or older to grow, store, and process limited amounts of marijuana and provides for a variety of marijuana-related businesses through a state licensing system. In addition, the proposed amendments for homegrown marijuana are intended to address nuisance issues from growing marijuana in a residential setting. The City has received code compliance complaints over the last two summers related to the odor produced by marijuana grown outdoors. This proposed ordinance would allow a household in a residential zone to grown four marijuana plants outdoors, whether for medical or recreational use, subject to setback and other requirements. The homegrown personal possession provisions of Measure 91 began on July 1, 2015, and persons 21 years or age or older may grow up to four marijuana plants per household. The Oregon Liquor Control Page 1 of 2 CITY OF ASHLAND Commission (OLCC) will administer the state licensing system for marijuana-related businesses and begins accepting license applications for processing, production, testing, retail, and wholesale operations on January 4, 2016. In July 2014, the City Council passed an ordinance amending the Ashland land use ordinance to allow medical marijuana dispensaries in the C-1, E-1, and M-1 zones. 'There are four medical marijuana dispensaries in Ashland that were approved by the City and are registered with the Oregon Health Authority (OHA). A more detailed state and local legislative history is included in the staff report in the attached record. The attached map shows the locations of the approved medical marijuana dispensaries in Ashland. In addition, the map shows the eligible locations for future marijuana retail sales in the green and green stripped areas. The marijuana retail sales use in the proposed ordinance includes medical marijuana and recreational marijuana retail sales. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends moving forward with first reading of the land ordinance amendments for homegrown marijuana and marijuana-related businesses. SUGGESTED MOTION: I move to direct staff to proceed with first reading of the land use ordinance amendments for homegrown marijuana and marijuana-related businesses. I move to direct staff to make the following changes to the land use ordinance amendments for first reading (list changes). ATTACHMENTS: 1. Planning Commission Report 2. Proposed Land Use Ordinance Amendments for Homegrown Marijuana and Marijuana-Related Businesses 3. Map - Marijuana Retail Establishments Eligible Areas 4. Record for Planning Action 2015-01677 Page 2 of 2 IA, CITY OF ASHLAND Planning Commission Report DATE: November 24, 2015 TO: Ashland City Council FROM: Ashland Planning Commission RE: Planning Commission Recommendation Ordinance Amendments for Homegrown Marijuana and Marijuana-Related Businesses (PL92015-01677) Summary The Planning Commission recommends approval of the proposed amendments to the land use ordinance for homegrown marijuana and marijuana-related businesses (PL# 2015-01677). The Commission held a public hearing and deliberations on the proposed amendments on October 27, 2015. Prior to the public hearing, the Commission held study sessions on June 23 and August 25. Recommendation The Commission understands that Ashland voters supported Measure 91which allows households with one or more persons 21 years or older to grow, store, and process limited amounts of marijuana and provides for a variety of marijuana-related businesses through a state licensing system. At the same time, the Commission recognizes the legalization of marijuana is a new practice that will require a period of adjustment in the community both functionally and culturally. Specifically, the practical aspects of growing (homegrown and commercial), selling, testing, processing, and distributing marijuana and marijuana products may have anticipated and unanticipated impacts on the health, safety, and welfare of existing and future residents and neighborhoods. For the above mentioned reasons, the Commission believes there is a need to balance the rights of individuals to grow, access, process, and sell marijuana and marijuana products with the enjoyment, peace, safety, and general welfare of residential neighborhoods and the overall function of city facilities such as the transportation system. Therefore, the Commission recommends amendments to the land use ordinance to include standards for the location, manner of operation, access to, and potential nuisance issues for homegrown marijuana and marijuana- related businesses. In addition, the Commission recommends initially taking a somewhat conservative approach in the regulations with the possibility of relaxing the standards in the future as the impacts of growing, selling, testing, producing, and distributing marijuana and -2- marijuana products are better understood. A summary of the proposed land use ordinance amendments and the Commission's discussions and deliberations follows. Homegrown Mariiuana Homegrown marijuana is defined in the proposed amendments as growing and harvesting marijuana for personal consumption by a person 21 years or older, whether for medical or non- medical purposes, or for a medical marijuana card holder. The draft ordinance amendments allow homegrown marijuana cultivation as a special use in the residential zones including the North Mountain Neighborhood, the Health Care Services District, and the C-1, E-1, M-1, and CM zones. Homegrown marijuana is allowed in the non-residential zones because dwelling units are permitted in some of these areas as part of a mixed-use development. In addition, there are examples of pre-existing nonconforming single-family residences in the C-1, E-1, and M-1 zones (e.g., the homes on the south side of A St.). Staff reported routine odor complaints due to individuals growing marijuana outdoors in private yard space. Neighbor complaints include not being able to enjoy backyards and open windows in the summer and early fall because of the strong odor produced by marijuana grown on adjacent property. In addition, complaints involved impacts from light, glare, and noise from mechanical equipment (e.g., lights systems, fans) related to indoor cultivation and odor from processing (e.g., drying) plants in garages and accessory structures. Though not numerous, the more extreme cases involved outdoor grows including a large number of plants for multiple medical marijuana card holders and using garages and/or portions of the home for indoor cultivation. The Planning Commission discussed a variety of issues during the development of the standards for homegrown marijuana. The Commission agrees that the primary focus of the proposed standards is to balance the allowances in state law for the personal growing of recreational and medical marijuana with the nuisance and safety impacts to residential neighborhoods. The Commission believes it is important to allow individuals to grow plants outside to take advantage of natural light and precipitation. In converse, the Commission feels forcing individuals to grow plants inside can result in increased energy and water use which is inconsistent with Comprehensive Plan policies regarding conservation of resources. At the same time, the Commission discussed the fact that growing marijuana, whether outdoors or indoors, is an agricultural use and that agricultural uses in residential neighborhoods need to be at a scale and intensity consistent with residential living. The Commission discussed the importance of maintaining residential zones in those uses that are typically seen and associated with residential neighborhoods. In particular, there is concern about significant parts of residential structures potentially being used for the indoor cultivation of marijuana and the potential impacts to neighboring residences and neighborhoods in general. As Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 IWALAA www.ashland.or.us -3- a result, a standard is included that prohibits a dwelling unit from primarily being used as a place to cultivate marijuana and prohibits vacant or uninhabited units for marijuana cultivation. The Commission found the primary land use tool for controlling the nuisance impacts is to limit the location and size of outdoor growing. As a result, a 10-foot setback from property lines and 20-foot setback from adjacent residences is included as well as requiring the grow area to be located closer to the resident grower's dwelling unit. The Commission considered increasing the setbacks but after a review of newer subdivisions in the R-1 zone decided larger setbacks would eliminate the possibility of outdoor growing in those areas with smaller lot sizes. The Commission recognized that the proposed setbacks would eliminate outdoor growing in developments with the smallest private yard areas (e.g., attached townhome development). In terms of size of outdoor grow area, the number of marijuana plants is limited to four plants which corresponds to the number of plants allowed under state law for recreational marijuana. The proposed amendments include up to 50 square feet for the cultivation area and up to 10 feet in height for the marijuana plants. The Commission feels the ability to grow four plants outdoors was more than adequate for personal use. Because the marijuana plant is vigorous and can be large in diameter and height, the Commission feels it is important to include limitations on the scale of the outdoor grow area for compatibility with the scale of a residential setting. The marijuana plant is known for being particularly odiferous. The Commission acknowledges that regulating the location and size of outdoor grows will not eliminate the odor. However, the Commission believes placing limitations on the outdoor grow area size and requiring thoughtful placement of the grow area will likely reduce the impacts to neighbors and the surrounding neighborhood. Mariiuana-Related Businesses Marijuana-related businesses are those enterprises allowed by state law and licensed by the State including production (growing), processing, retail sales, testing (laboratories), and wholesale storage and distribution. The state laws and rules for recreational and medical marijuana operations are overlapping, administered by two separate agencies, and at times somewhat confusing. Ultimately the Planning Commission believes the impacts of marijuana-related businesses are likely similar whether the business is involved in recreational or medical marijuana. There is limited information on the potential impacts of marijuana-related businesses because the legal marijuana industry is relatively new. For this reason, the Commission recommends initially taking a somewhat conservative approach in the land use standards for growing, processing, selling, testing, and storage and distribution of marijuana and marijuana products. The Commission believes the standards could be reviewed and possibly relaxed in the future when the impacts of marijuana-related businesses are more fully understood. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us -4- The primary topics of Planning Commission discussion were the appropriate zones for marijuana-related businesses, the shift from medical marijuana dispensaries to recreational and medical marijuana retail sales, and the appropriateness of using employment lands for commercial growing operations. The draft ordinance amendments allow marijuana retail sales as a special and conditional use in the Retail Commercial (C-1) and Employment (E-1) zones and allow growing, processing, testing, and wholesale operations as special permitted uses in the E-1, Industrial (M-1), and Croman Mill (CM) zones. The Commission feels it is important to preserve the C-I zone for retail commercial uses (e.g., stores, restaurants, offices). Therefore, the growing, processing, testing, and wholesale storage and distribution uses are limited to the E-1, M-1, and CM zones. This approach is comparable to the existing land uses allowed in the E-1, M-1, and CM zones such as manufacturing, warehouses, and distribution. The exception is marijuana growing. Currently, the land use ordinance does not permit agricultural uses in the E-1, M-1, or CM zones. The current regulations for location and operation of medical marijuana dispensaries are carried forward to apply to all marijuana retail sales outlets. Marijuana retail sales as a use is broadened to include recreational as well as medical marijuana sales. Marijuana retail sales establishments that are located on a boulevard continue to be a special use that must meet the special use standards in 18.2.190.B. If the marijuana retail sales establishment will not be located on a boulevard but is 200 feet or more from a residential zone, marijuana retail sales continue to require a conditional use permit. Marijuana retail sales also remain prohibited in the Downtown Design Standards Overlay. The attached dispensary map shows the locations of the approved medical marijuana dispensaries and eligible areas for future marijuana retail sales. Several days before the Planning Commission public hearing, the State adopted rules for recreational marijuana and the licensing of marijuana business. The new rules prohibit any of the recreational marijuana-related businesses from being in the same location or address as medical marijuana grow sites, medical marijuana processing sites, medical marijuana dispensaries, and liquor stores (OAR 845-025-1230). The Commission acknowledged that this rule would prohibit medical and recreational sales from being in the same location. The Commission recommends that a spacing standard of 1,000 feet between marijuana retail sales establishments be included in the land use standards. While the City has not received complaints regarding the four medical marijuana dispensaries in Ashland that were established in the past year, the Commission feels the potential impacts from retail sales, whether medical or Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520=, www.ashland.or.us -5- recreational marijuana, are likely similar and still somewhat unknown. For this reason, the Commission had concerns about the cumulative effect of adjacent marijuana retail sales outlets on a surrounding neighborhood. In particular, the Commission believes the issues identified in the development of the land use standards for marijuana dispensary in 2014 continue to be applicable. The Commission believes marijuana retail sales are most appropriately located on streets where other high volume uses are located to address potential security and traffic impacts. The Commission believes that locating marijuana retail sales on the larger capacity streets with continuous traffic provides additional security and natural surveillance. In addition, the potential vehicle trips generated by marijuana retail sales can then be directed to these higher order streets. The projected number of vehicle and the trips generated by marijuana retail sales is not available. The Commission recommends that growing, processing, and laboratory operations be required to locate 200 feet or more from residential zones. Because the legal marijuana industry is new, there is limited information available about the impacts from marijuana-related businesses and whether the growing, processing, and testing uses create different or additional impacts (e.g., noise, odor, energy use, water use) compared to other general manufacturing uses. The final topic of discussion was allowing commercial growing operations in Ashland's employment lands. The Commission recommends a square footage limitation of 5,000 square feet of gross floor area for indoor commercial growing. The Commission feels this allows a reasonable size for commercial marijuana production while at the same time preserving employment lands for a variety of uses and uses with higher employment densities. The limitation is consistent with the State's rules for recreational marijuana which include a 5,000 to 10,000 square foot maximum on indoor commercial grow sizes. The Commission feels that commercial grow sites are most appropriate in agriculturally zoned lands and questions using limited supplies of employment lands within the city limits for what appears to be a land intensive use with low employment generation. In addition, the Commission expressed concern regarding the electricity and water use of indoor grow operations. According to the City's 2007 Economic Opportunity Analysis (EOA), the employment land supply is projected to be sufficient through 2027 but begin to experience some deficits in the 2028-2057 time period. The average employment densities in Ashland are 17.2 employees per acre while reports from other states describe 100,000 square foot (2.3 acres) indoor grow operations with a few employees. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5, 18.3.2, 18.3.39 18.3.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND MARIJUANA-RELATED BUSINESSES INCLUDING PRODUCTION, PROCESSING, RETAIL SALES, TESTING, AND WHOLESALE. Annotated to show de's and additions to the code sections being modified. Deletions are bold lined th -^uand additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and WHEREAS, the Legislature passed four laws relating to medical and marijuana in the 2015 legislative session including House Bill 2400 amending the Oregon Medical Marijuana Act (OMMA) and Measure 91; and WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted Ordinance No. Page 1 of 31 to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and WHEREAS, House Bill 3400 provides that cities may impose reasonable regulations including hours of operation, manner of operation, public's access to, and location on five types of recreational licenses and medical marijuana grow sites, processing sites, and dispensaries; and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and WHEREAS, the City Council determined there has been an increase in marijuana cultivation, specifically in residential neighborhoods, because of an increase in medical marijuana grows allowed by state law, and WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an increase in code compliance complaints regarding odor related to outdoor marijuana cultivation as well as adverse impacts related to noise from mechanical equipment and lighting related to indoor marijuana cultivation in accessory structures such as greenhouses; and WHEREAS, the City Council determined it is necessary to establish rules and regulations for marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and general welfare of residential neighborhoods and neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on October 27, 2015; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on December 1, 2015; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: Ordinance No. Page 2 of 31 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. Ordinance No. Page 3 of 31 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. 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N Q) _ I a) O as m E o a) O c6 ~ a) c W (cc cz 0) cu - L 0 0 ca 0 m m m N uNi o'L m y cn d Z m ca (n M -Cu p N ~ p II c c a)~ Ca ) 00 CL a) O_ (B N a) C: L cp tB cd N m c m a) U a) 't3 = Y Q Q a) co N O E E I~ w (D 0 O .E LL C9 I0 SECTION 2. Chapter 18.2.3 [Special Use Standards-flome Occupation] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.150 Home Occupation A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be operated within a residence. Home occupations are recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that home occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. B. Conduct of Home Occupation - Standards. Home occupations are permitted pursuant to the following standards. Where a home occupation use does not comply with one or more of the following requirements, the Staff Advisor may find the subject use is no longer permitted. 1. Appearance of Residence. a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area not visible from the public right-of-way and be conducted in such a manner as not to give an outward appearance of a business. b. The home occupation shall not result in any structural alterations or additions to the dwelling or accessory structure that will change its primary use. c. No display of products and or equipment produced or used by the home occupation may be displayed so as to be visible from outside the dwelling or accessory structure. 2. Storage. a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited. b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited. c. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in the dwelling or accessory structure. 3. Employees. a. Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee, and no more than one employee at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted. b. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work at the home. c. The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations. 4. Advertising and Signage. No signs shall be permitted on a home occupation site. Ordinance No. Page 12 of 31 5. Automobiles, Parking, and Traffic. a. One commercial automobile associated with the home occupation is allowed at the home occupation site. Such automobile shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site. b. There shall be no excessive commercial vehicle deliveries from or to the home occupation site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p.m. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a.m, c. There shall be no more than one client or customer's automobile at any one time and no more than eight per day at the home occupation site. 6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only. C. Prohibited Uses. The following uses are prohibited as home occupations. 1. Any activity that produces radio or television interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards. 2. Any activity involving on-site retail sales, except as allowed in the Historic District Overlay or items that are incidental to the occupational use, such as the sale of beauty products from salons, lesson books or sheet music for music teachers, or computer software for computer consultants. 3. Any of the following uses, and uses with similar objectionable impacts because of automobile traffic, noise, glare, odor, dust, smoke, or vibration. a. Ambulance service. b. Ammunition or firearm sales. c. Ammunition reloading business. d. Animal hospital, veterinary services, kennels, or animal boarding. e. Auto and other vehicle repair, including auto painting. f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, or large equipment on-site. g Medical mar:J.-lana dimp,,nsary Marijuana-related business. D. Permit Required - Application 1. No person shall conduct a home occupation without first obtaining a home occupation permit from the Planning Department and a valid business license as required under AMC title 6. 2. The home occupation permit shall include such information as is necessary to determine the location and type of business, and the manner in which it will be conducted. If the Staff Advisor finds that the proposed home occupation complies with the requirements of this chapter, the Staff Advisor shall issue a permit. 3. The home occupation permit is valid only to the person named on the permit and for the Ordinance No. Page 13 of 31 business to be conducted at the location stated on the permit. The permit is not transferable to another location or to another applicant. 4. Issuance of a home occupation permit under this chapter shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances, or other laws governing the use of the premises and structures thereon, including, but not limited to, the specialty codes defined in AMC 15.04, the fire code standards defined in AMC 15.28, or any private restrictions relative to the property. 5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter periodically to insure compliance with all regulations and conditions to which the permit is subject, during normal business hours, and with reasonable notice. SECTION 3. Chapter 18.2.3 [Special Use Standards-Medical Marijuana Dispensary] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.190 Medical Marijuana Dispensary Marijuana-Related Uses. A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, it shall meet all of the following requirements. See definition of homegrown marijuana cultivation in part 18-6. 1. Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that same property must be the primary residence of the resident grower. 2. Related Activities. Any drying, keeping, storage, or processing of homegrown marijuana shall be located within the dwelling unit or an accessory structure and shall not be located outdoors. 3. Homegrown marijuana cultivation and any related activities must meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 4. Outdoor Cultivation. Up to four marijuana plants per lot are allowed to be grown outdoors. Outdoor homegrown marijuana cultivation shall meet all of the following requirements. a. Locate marijuana plants so the plants are not visible from a public place, public street or any area that the general public has access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. b. Screen marijuana plants to limit view and access from adjacent residential properties with a solid wood fence or masonry wall. Any access points to the cultivation area must be secured at all times to prevent unauthorized access. For fence and wall design requirements, see section 18.4.4.060. c. Dimensional Standards. Madiuana plants grown in outdoor cultivation areas shall meet all of the following dimensional standards including Table 18.2.3.190.c. Ordinance No. Page 14 of 31 L Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellings in the same multifamily development. H. Marijuana plants may be located in one cultivation area or in separate cultivation areas throughout a yard. Table 18.2.3.190.3.c Outdoor Cultivation Dimensional Standards for Homeqrown Marijuana Number of Maximum Maximum Minimum Setback from Minimum Setback from Mariiuana Plants Cultivation Area Marijuana Plant Any Property Line Dwellings on Admoining Allowed Height" Properties 4 or fewer plants 50 square feet 10 Feet 10 feet 20 feet Contiguous lots under single ownership shall be considered one lot for the purpose of calculating the dimensional standards for homegrown marijuana. 2 All parts of a marijuana plants that are visible above the ground level shall be contained with the perimeter of the cultivation area Where plants are located separately the combined total of the individual cultivation areas shall not exceed the maximum cultivation area. 2Mariiuana plants shall not exceed ten feet in height from the top of the average surrounding grade. 4Marijuana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily development. d. Multi-Family Development. Homegrown marijuana maV be cultivated outdoors on a lot containing multi-family dwellings in conformance with the requirements of subsection 18.2.3.190.A and provided all of the following requirements are met. L The property owner provides written notification to all residents of the development and to the City that verifies the cultivation of marijuana plants will comply with the requirements of 18.2.3.190.A. The written notification shall include the following information. 1. Property owner, property manager, or home owner association representative contact information including the name, address,_ and phone number(s). 2. Contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3. The City requirements for the outdoor cultivation of madiuana including the maximum number of plants per lot and the requirements of subsection 18.2.3.190.A. 5. Indoor Cultivation. a. Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with marijuana cultivation shall satisfy the Building Code requirements and obtain all Ordinance No. Page 15 of 31 required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. b Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. c No dwelling unit shall be used primarily as a place to cultivate marijuana. Vacant or uninhabited dwelling units shall not be used for marijuana cultivation. B. Mariiuana-Related Businesses. 1 Mari iuana-related businesses may require Site Design Review under chapter 18.5.2 or a Conditional Use Permit under Chapter 18.5.4. See Table 18.2.2.030 - Uses Allowed by Zone for zones where marijuana-related businesses are allowed. See definition of marijuana-related businesses in part 18.6. Marijuana-related businesses shall meet all of the following requirements. a The business must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor marijuana cultivation or storage of merchandise raw materials, or other material associated with the business is prohibited. b Any modifications to the subject site or exterior of a building housing the business must be consistent with the Site Design Use Standards, and obtain Site Design Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. c. The business must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not be placed within the business' exterior refuse containers. d Light and Glare. Shield lighting systems and use window coverings to confine Ijght and glare from light systems associated with indoor cultivation so as to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited. e Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans heating and cooling systems) associated with a business shall satisfy the Building Code requirements and obtain all required building permits prior to installation. f The property owner shall record a declaration which waives any claim or right to hold the City liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the proposed use or development once such approval is granted. Furthermore, the owner and tenant agrees not to unreasonably disobey the City's order to halt or suspend business if state or federal authorities order or otherwise subject the City to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under section 18.2.3.190. Ordinance No. Page 16 of 31 q A mariiuana-related business must obtain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 2. Marijuana Laboratories, Processing, and Production. In addition to the standards described above in subsection 18.2.3.190.B.1, mariiuana laboratories, processing, and production shall meet the following requirements. See definition of marijuana processing and production in part 18.6. a. Marijuana laboratories, processing and production shall be located 200 feet or more from residential zones. b. Marijuana production shall be limited to 5,000 square feet of gross leasable floor area per lot. 3. Mariiuana Retail Sales. In addition to the standards described above in subsection 18.2.3.190.6.1, marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. A-. Bouley and 1 ocation Medical mnri uann dispensarie j_1re permitted subject to all of the following design standard _ 1The dispensary must with a boundary lina. o adjacent to as ~srir err te uaa~uva.~~a to boulevard except that dispen _ ies are net permitted Downtown Design Standards -sane he dispensary-must he located in a locate permanent building and may not s~ ATi-fVriq aTi'Gi ffT... trailer, cargo cont i 4or vehmele. Outdoor storage of merchandise, ra f m ria.l -a•soith the rc i~lcc. aterialc , vvzrr~ orr other rrrc matoeriF -rrssvc ~r~c~ciated a ra ~wi~cn cTC dispensary is prohibited, 3. Any modifications to the subject site or. exterior of a building housing di pensary must be-conr istent with the Site Design Use Standards, and obt Cite R 'eyi approval if required by section 18.5.2.020-. Security bars tr~es_en windows and~_;Ioooirs ar prohibited. 4. The dispensary establishment must not have a d pJ1CQ S. The dispensary must provide for secure disposalof mariia na remnants or hy_ ~s~`h'la~ll not he planed within the , dispensary's exterior refuse song 6 The di 'sar is registered with the Oregon Health Au of ~-ccr rity under the state e y I registered the ":J rs„--crr~r Oregon's medmeal marijuana facility registration system ender ORS 475.300 ORS 476.346, and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities R_ Other Locations. Medical marijuana dispe ~ept as allowed On sect' 18.2.3.190.A, are subject to a Conditional I Ise Dermit under chapter 18.6.4 and shall 1. The dispensary must be located 200 feet or more fFom a residential zone, exe-ept that dR are not permitted On the Downtown Design Standards zo Ordinance No. Page 17 of 31 7 The dispensary must be located in a permanent budding and Fnay not locate in a container, rgo or rnot yehicla.,. storage o vf merchandise, rcrr~Ocrccrvv■utdoor ~ cvracJ... rzraw trailer, or other material associated with the dis.- - - I M . irohmbmted. materials, 3m Any modifications the subie ct site -or-exterior of a building housing the dispensary must he coonsictent with the Site Resign Use Standards and obt~if} yal if required by cention 18.5.2.020. Security hers or grates on wi mews d doors are prohibited. 4-The dispensary must not have a d i 6- The dispensary must provide for secure disposal of marm." ints or by 7 such remnants or by products shall not be placed within the disnensaryls evte.rior refuse containers. The do nens~rI is Te.-i-fered wath the Oregon Health Authority under the state o v. Orego W-s medical arijuana facility registration system under ORS 476m300 ORS meets the requirements of OAR Chapter 333 Division 8 Medical 476.346, and Marijuana Facilities. a. Location. i. Marijuana retail sales are allowed if located on a property with a boundary line adjacent to a boulevard. ii. Marijuana retail sales except as allowed above in subsection 18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone and are subiect to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. iii Mariluana retail sales are not permitted in the Downtown Design Standards Zones. iv. Mariluana retail sales must not be located within 1,000 feet of another marijuana retail sales outlet. For the purposes of determining the distance between a retail sales outlet and another retail sales outlet "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of an approved retail sales outlet to the closest point anywhere on the premises of a proposed retail sales outlet. If any portion of the premises of a proposed retail sales outlet is within 1,000 feet of an approved retail sales outlet it may not be approved. For the purpose of this section premises is all public and private enclosed areas within a building at the location that are used in the business operation, including offices, kitchens, rest rooms and storerooms. b Drive-up Use. The marijuana retail sales outlet must not include a drive-up use. SECTION 4. Chapter 18.2.5 [Standards for Residential Zones] of the Ashland Land Use Ordinance is hereby amended to read as follows: Ordinance No. Page 18 of 31 18.2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations:. A. Setback Yard Exceptions. See subsection 18.2.5.060.B.2. B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and production requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. 1 ~ G; 10 o Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line Ordinance No. Page 19 of 31 F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements-. 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECTION 5 Chapter 18.3.2 [Croman Mill District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.2.040 Allowed Uses A. Uses Allowed in Croman Mill Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.2.040 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE CI OS A. Residential Residential Uses S S N N N Agricultural Uses, except Keeping of N N N N N Livestock BKey: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 9 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. Ordinance No. Page 20 of 31 Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE CI OS Keeping of Bees, Micro-Livestock and N N N N N Livestock Marijuana Cultivation, Homegrown S S N N N Temporary Employee Housing N N S S N B. Commercial Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales P N N N N and repair Limited stores, restaurants, and shops, excluding fuel sales, automobile sales, and N S or C S or C S or C N repair, including marijuana retail sales Professional, financial, business, and medical N P P S N offices Administrative or research and development N P P P N establishments Child or day care centers P S S S N Fitness, recreations sports, gym or athletic club P N N N N Ancillary employee services (e.g., cafeteria, N S S S N fitness area) Kennels (indoor) and veterinary clinics N N S S N Motion picture, television or radio broadcasting N P P P N studios Temporary uses C C C C C C. Industrial Manufacturing, assembly, fabrication or packaging including manufacturing of food N P S P N products Limited manufacturing affiliated with a retail S N N N N use Marijuana laboratory, processing, and N S S S N production Rail freight loading dock facilities N N N P N Rail or rapid transit passenger facilities P P P P N Warehouse and similar storage facilities, N S S S N including marijuana wholesale Limited outdoor storage N S S S N Wireless communication facilities attached to C C P P N an existing structure pursuant to 18.72.180 Freestanding wireless communication support C C C C N structures pursuant to 18.72.180 D. Public and Institutional Public service or community buildings with P C C C P office or space used directly by the public Public service or community buildings without C C C C C office or space used directly by the public Public and quasi public utility facilities S S S S S Ordinance No. Page 21 of 31 Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE CI OS enclosed in a building Oregon Department of Transportation (ODOT) S N N N N maintenance facility and yard Private school, college, trade school, technical school or similar school C C C C N Electrical substations N N C C N 'Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. `Zones: NC = Neighborhood Commercial; MU = Mixed Use, OE = Office Employment, Cl = Compatible Industrial; OS = Open Space. D. Special Permitted Uses. The following uses and their accessory uses are special permitted uses as listed in the Land Use Table and are subject to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Residential Uses. Residential uses provided all of the following standards are met. a. The ground floor area shall be designated for permitted or special permitted uses, excluding residential. b. Residential densities shall not exceed the densities in section Dimensional Regulations. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. c. Residential uses shall execute a hold harmless covenant and agreement stating they shall not protest impacts from commercial and industrial uses within the district. 2 Marijuana Cultivation, Homegrown. Subject to the standards in section 18.2.3.190. 33. Temporary Employee Housing. Residential units for use by persons employed within the facility and their families when all of the following standards are met. a. Employee housing densities shall not exceed two units per acre. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. b. The employee housing shall be in conjunction with a permitted or special permitted use on the property. c. Units shall be restricted by covenant to be occupied by persons employed by a business operating on the property. Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales and repair, including marijuana retail sales 34. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities, and ancillary employee services, when all of the following standards are met. a. In the CI,MU, and OE zones, a maximum of 15 percent of the gross floor area in a building may be used for any or a combination of the following special permitted uses when the Ordinance No. Page 22 of 31 standards in this section are met: limited stores, restaurants, and shops; child or day care facilities; and ancillary employee services. b. Limited Stores, Restaurants and Shops. In the MU zone, the floor area shall be limited to retail uses in conjunction with a permitted use. c. Child or Day Care Facilities. Primary program activities are integrated into the interior of the building. d. Ancillary Employee Services. Developments may include ancillary employee services such as cafeterias, fitness areas, or other supportive services generally intended to support the needs of employees when the following standards are met. i. The use is integrated into the interior of the building. ii. The ancillary employee services shall be in conjunction with a permitted or special permitted use on the property. e. Marijuana Retail Sales. Marijuana retail sales are subject to the standards in 18.2.3.190. 45. Professional Financial, Business and Medical Offices in CI Zone. Developments in the Cl zone may include ancillary office uses to support the operations of a permitted use on-site provided the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor area. 66. Kennels. Kennels when all of the following standards are met. a. Kennels shall be located at least 200 feet from the nearest residential dwelling. b. All animals shall be boarded within a building at all times. c. No noise or odor shall emanate outside the walls of the building used as a kennel. d. A disposal management plan shall be provided demonstrating all animal waste will be disposed of in a sanitary manner. 67. Manufacture Assembly Fabrication, and Packaging in OE Zone_ Developments in the OE zone may include ancillary manufacturing, assembly, fabrication, and packaging uses to support the operations of a permitted or special permitted use on-site when all of the following standards are met. a. The maximum floor area dedicated to manufacturing, assembly, fabrication, and packaging shall be 50 percent of the ground floor area. b. No outside space shall be used for the manufacturing, assembly, fabrication, and packaging processes. 7-8. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication, or packaging contiguous to and associated with a retail space, provided the maximum floor area dedicated to manufacturing occupies 1,000 square feet, or ten percent of ground floor area, whichever is less. 9. Marijuana Laboratory, Processing, and Production. Ordinance No. Page 23 of 31 a Marijuana laboratory processing ,and production are subject to the standards for marijuana-related businesses in 18.2.3.190. b In the OE zone marijuana laboratory, pprocessing, and production are subject to subsection 18.3.2.040.D.7, above. 010.Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when all of the following standards are met. a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and MU zones shall be 50 percent of the ground floor area. b. Warehouse and storage facilities shall be provided only in conjunction with, and for the exclusive use by, a permitted or special permitted use on the property. c. Self-service mini-warehouses are prohibited. d. No outside space shall be used for storage, unless approved as a limited outdoor storage area. e Mariiuana Wholesale. A marijuana wholesale storage and distribution operation shall limit deliveries and shipments to 7:00 a.m. to 9:00 p.m. within 200 feet of a residential zone and are subject to the standards for marijuana-related businesses in 18.2.3.190. 911. Limited Outdoor Storage. Limited outdoor storage associated with a permitted or special spermitted use when all of the following standards are met. a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU zone; and 2,500 sq. ft. in the Cl zone, or 50 percent of the ground floor area of the building housing the associated permitted or special permitted use, whichever is greater. b. The outdoor storage shall be located behind or on the side of buildings, and shall be located so the outdoor storage is the least visible from the street that is reasonable given the layout of the site. c. The outdoor storage shall be screened from view by placement of a solid wood or metal fence, or a masonry wall from five to eight feet in height. d. The associated permitted use shall obtain a minimum of 50 percent of the employment density targets for the Croman Mill District. 4-012.Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service buildings when all of the following standards are met. a. Facilities and structures that are accessory to a public park in the OS zone, including but not limited to maintenance equipment storage, enclosed picnic facilities, and restrooms. b. Public and quasi-public utility service building relating to receiving and transmitting antennas and communication towers are subject to the applicable provisions of 18.4.10. c. Public and quasi-public utility service building shall demonstrate all of the following. i. The need for the facility, present or future; and how the facility fits into the utility's master plan. Ordinance No. Page 24 of 31 ii. The facility utilizes the minimum area required for the present and anticipated expansion. iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan designation. 4413.Oregon Department of Transportation Maintenance Facility and Storage Yard. For the Oregon Department of Transportation Ashland maintenance facility and storage yard located on property within the NC zone, all the following shall apply. a. Buildings may be enlarged or replaced subject to Basic Site Review Standards. b. Are exempt from the Dimensional Regulations per 18.3.2.050 with the exception of minimum side and rear yard setbacks abutting a residential district and maximum height. c. Are exempt from the requirements of part 18.4 Site Development and Design Standards, and the requirements of 18.3.2.060 Croman Mill District Site Development and Design Standards. SECTION 6 Chapter 18.3.3 [Health Care Service District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.3.030 Permitted Uses The following uses and their accessory uses are permitted outright. A. Residential and agricultural uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational therapists, substance abuse counselors, chiropractors, and wellness centers, including nutritional counseling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories. F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City by ordinance. SECTION 7 Chapter 18.3.5 [North Mountain Neighborhood District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.5.050 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or Ordinance No. Page 25 of 31 include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. C. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 26 of 31 Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone North Mountain Neighborhood Zones NM-R-1-7.5 NM-R-1-5 NM-MF A. NM-Civic A. Residential Residential Uses, subject to density P P P P N requirements in Table 18.3.5.050 Accessory Residential Units S S N P N n ltural Uses P- - R R P S Home Occupations P P P P N Agricultural Uses, except Keeping of P P P P S Livestock _ Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots N N N CU N Religious Institution, Houses of Worship N N N S N Utility and Service Building, Public and Quasi-Public, excluding outdoor storage N N N S N and electrical substations _ B. Commercial Neighborhood Clinics N N N P N Neighborhood Oriented Retail Sales and N N N P N Services Offices, Professional N N N P N Restaurants N N N P N Temporary uses N N N CU N C. Industrial _ Manufacturing, Light N N S N Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 2 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment, Cl = Compatible Industrial; OS = Open Space. D. Special Permitted Uses. The following uses and their accessory uses are special permitted uses as listed in the Land Use Table and are subject to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Accessory Residential Units. a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. b. One accessory residential unit is allowed per lot, and the maximum number of ° Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. " Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment, CI = Compatible Industrial; OS = Open Space. Ordinance No. Page 27 of 31 dwelling units must not exceed two per lot. c. The proposal must comply with the lot coverage and setback requirements of the underlying zone. d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. aIn the NM-Civic zone, agriculture may include community garden space. 3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160. 4. Marijuana Cultivation Homegrown. Subject to the standards in section 18.2.3.190. 3. Community Services. a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet of gross floor area. b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 4. Manufacturing, Light. a. The light manufacturing use shall occupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 5. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of gross floor area. 6. Neighborhood Oriented Retail Sales and Services. Each building may be up to a maximum of 3,500 square feet of gross floor area. 7. OfficesyProfessional. Each building may be up to a maximum of 3,500 square feet of gross floor area. 8. Religious Institution, Houses of Worship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 9. Utility and Service Building Public and Quasi-Public. Each building may be up to a maximum of 3,500 square feet of gross floor area SECTION 8 Chapter 18.6.1 [Definitions] of the Ashland Land Use Ordinance is hereby amended to read as follows: Ordinance No. Page 28 of 31 Greenhouse A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for personal enjoyment or for subsequent sale. Homegrown Marijuana Mariiuana plants planted cultivated, grown and harvested by a person 21 years of age or older for personal consumption, whether for medical or non-medical purposes or for a medical marijuana card holder. Medical marijuana grow sites located in residential zones shall be considered homegrown marijuana for the purpose of this ordinance. Homegrown Marijuana Cultivation The cultivation of homegrown marijuana and related activities such as processing keeping, or storage of homegrown marijuana. - Cultivation Area. The area within which marijuana plants are grown on a lot. The cultivation area is the total of the individual areas of the marijuana plants at maturity. The individual area of a marijuana plant is calculated based on an imaginary vertical line extending downward from the outermost tips of the mariiuana plants branches to the ground. - Resident Grower. An individual engaged in the cultivation of homegrown marijuana for personal consumption whether for medical or non-medical purposes, or for a medical marijuana card holder. Marijuana The plant Cannabis, family Cannabaceae or any part or seed of the plant. It does not included industrial hemp. - Medical Marijuana Mariiuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Marijuana Act (ORS 475 300 - ORS 475 346) Grown and sold by registered persons and facilities with the Oregon Health Authority (OHA). - -Recreational Marijuana Marijuana used for personal consumption by a person 21 years of age or older. Marijuana Plant Immature and mature plants of the plant Cannabis family Moracae. Marijuana-Related Businesses. Marijuana-related businesses licensed by the Oregon Liquor Control Commission (OLCC) or registered by the Oregon Health Authority (OHA) Marijuana-related businesses are organized into the following categories. - Laboratory. A laboratory that tests marijuana and marijuana items. Ordinance No. Page 29 of 31 Processinq Processinq compounding or conversion of marijuana into cannabinoid products concentrates, or extracts. Production Planting cultivating growing harvesting, or drying marijuana. Medical marijuana prow sites located in non-residential zones that do not meet the definition of Homegrown Marijuana shall be considered production for the purpose of this ordinance. Retail A business that sells marijuana and marijuana products to the consumer. Wholesale An operation that handles and distributes marijuana and marijuana products for the purpose of resale. --Medical Marijuana Dispensary. An F facility registered by t regon Health Authority under ORS 475.300 to 475.346 that dispense marijuana pursuant to ORS 475.314. SECTION 9. Savings. Notwithstanding this amendment/repeal. the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 10. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION It. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2015, and duly PASSED and ADOPTED this day of _ , 2015. Barbara M. Christensen, City Recorder Ordinance No. Page 30 of 31 SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 31 of 31 f /~ldid., d(Ew4'k6!w"'., l l`r to U) M 0 Q O y O N I Oa J~ NON OZI O = cn N", N U (Q i Q (B C N C6 L O Q O oe > -s r ~s 4- 0 !A to cn v cu 0 Q i O c_ 0 4111111", 0 72 N O E( % , O a~ ca N _ 0,_ E cu: / OF M NU) N O N III: (1) 2 0 4- 0 Tolman Creek Rd - - - 3: It W U _ -0 E U® N € - O 0 O O O ~ ..Q ~ II 1~~ - 11 UW m I - c) , X u f C W - ~t=1 r ~J I - - - I I _71 1 - - - - - - - - - - - - - - - - - - _ -J I 11 I v ` 1 j r any noW N \l k- E l; y ~l ° F 4 T v - - - - w r E3 t F f m ~ h -1 ~t - -LA a C ~ -or t , \`I r s I~ , 11 -1 ii l - - - - - - i , l _ L 7 t; 9GOZ/tiZ/b4 :dew jo ejep CITY OF ASHLAND RECORD FOR PLANNING ACTION #2015-01677 DESCRIPTION: An ordinance amending chapters 18.2.2,18.2.3,18.2.5, 18.3.3,18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale. DATE ITEM PAGE # 10/27/2015 Planning Commission Minutes 1-4 10/27/2015 Planning Commission Packet Agenda 5 Staff Report 6-15 Draft Ordinance 16-40 Map of Eligible Dispensary Locations 41 Public Input 42-64 08/25/2015 Planning Commission Minutes 65-67 08/25/2015 Planning Commission Packet Agenda 68 Staff Memo 69-71 Draft Ordinance 72-94 06/23/2015 Planning Commission Minutes 95-96 06/23/2015 Speaker Request Form 97 06/23/2015 Planning Commission Packet Agenda 98 Staff Memo 99-101 Draft Ordinance 102-119 Recreational Marijuana FAQs 120-125 Public Input 126-127 CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES OCTOBER 27, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar updated the commission on the Normal Neighborhood Plan. He stated the City Council has held two meetings and approved first reading of two of the three ordinances. The Council made a minor amendment to reduce the size of the neighborhood commercial overlay and the ordinances have been continued to November 17, 2015. Mr. Molnar requested the commission check their holiday schedules and stated it is likely either the November or December study session will be cancelled. PUBLIC FORUM No one came forward to speak. LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PL-2015-01677 DESCRIPTION: An ordinance amending chapters 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale. Planning Manager Maria Harris reviewed the draft ordinance and noted the ordinance addresses both homegrown marijuana and marijuana related businesses. She explained the following changes have been made to the ordinance since the commission's last review: • Laboratories were added as an eligible use in the E-1 and M-1 zones. • Marijuana related businesses were added to the list of prohibited uses for a home occupation. • The limitation on the number of indoor plants was deleted. • Removed the sliding scale for number of plants allowed on larger lots. • Removed language prohibiting homemade marijuana extracts. • Added language to ensure outdoor grows are secured at all times. • Added 1,000 ft. separation requirement for retail outlets. • Added language that prohibits vacant dwelling units for being use for marijuana cultivation. Ashland Planning Commission October 27. 2015 Page 1 of 4 1 Ms. Harris identified the following items for commission deliberations: Cultivation Area Location Ms. Harris stated the draft ordinance includes a requirement for residents to locate the cultivation area closer to their primary residence than to dwellings on adjoining properties or to dwellings in the same multifamily development. However, staff has some concerns about this. Ms. Harris explained this would be a fairly complicated standard for a resident grower to figure out and would likely require review of aerial maps to determine distances. This requirement would also be more difficult for staff to administer and enforce. Maximum Plant Height Ms. Harris stated the current draft sets a 10 ft. maximum height, however staff has suggested coordinating this with the 6.5 ft. maximum fence height. Setbacks Ms. Harris stated the draft ordinance establishes a 10 ft. setback from property lines and 20 ft. from residences. If the commission changed this to 20 ft. from property lines and 30 ft. from residences it would adversely impact many of the homes in the R-1.5 zoning district, as well as smaller lots and townhouses throughout town. Ms. Harris stated on larger lots the setback is not an issue, but smaller lots would not have an area eligible for outdoor growing. Southern Oregon University & Croman Mill Districts Ms. Harris clarified the need to add a provision for homegrown marijuana in the Southern Oregon University and Croman Mill zoning districts. She noted this was an oversight and should have been included in the original draft. Questions of Staff Commissioner Dawkins expressed concern with the cultivation space requirements and stated he is not clear why this limitation is needed or whether 50 sq.ft. is enough space. He also recommended the measurement of the setback be taken from the center of the plant's base. Comment was made that the restrictions are there to limit odor. Dawkins countered that residents are already limited to four plants. Community Development Director Bill Molnar explained the intent was to limit the size of the planting area and associated odor, and stated a single marijuana plant can grow to 25 sq.ft. Commissioner Thompson suggested the ordinance include a reference to the limitations set by the state law. Ms. Harris stated staff did discuss this with the city's attorney and came to the conclusion to not reference all of the state's laws and rules since they are constantly evolving. Commission Thompson requested the ordinance include a statement similar to %n addition to the requirements contained in... "so that people are aware that there are other requirements that apply. Commissioner Pearce commented on section 18.2.3.190.A.3 and asked how this ordinance would apply to someone who owned multiple lots. Ms. Harris stated if someone owns multiple lots on a contiguous piece of property staff would treat this as a single lot; however, she stated she would look into this further. Request was made to amend the Homegrown Marijuana definition (pg. 36) to read: "...forpersonal consumption, whether for medical or non-medical purposes, orfora medical mar-#uana cardholder. "Amendment request was also made to change 18.2.3.190.4.B.1.a to read: "Outdoormar#uana cultivation orstorage of merchandise, rawmaterials, orother material associated with the business is prohibited. "A typo was noted at the top of page 36; it should be corrected to read: cultivation of fragile or out-of-season pa lnts for personal etyoyment or for subsequent use. " Staff was asked whether limiting the height would reduce odors. Ms. Harris explained the 6.5 ft. height limitation was suggested to address visibility issues from other residences as well as security concerns. She stated if people can't see it hopefully they won't try to access it. Comment was made that using the fence height is an easy marker for homeowners to know where they need to top their plants. Comment was made expressing concern with the term "limiting view" and it was questioned if the ordinance should say "prohibit view" instead. Ms. Harris stated you can't completely limit the view from a two-story residence, but if you go with the fence height limitation neighbors won't be able to see the plants from yard level. Ashland Planning Commission October 277 2095 Page 2 of 4 2 Staff was asked how the noise created by fans will be addressed. Ms. Harris clarified the legal department will be updating the nuisance section of the municipal code to address this. Staff was asked if a minimum setback would present the same problems as requiring residents to locate grow areas closer to their residence than adjacent residences. Ms. Harris stated the setback is a bit more manageable because it is a set figure that applies to everyone. Staff was asked why the plant height would be limited if they are not visually unappealing and it was noted other plants (tomatoes, etc.) do not have a height limitation. Ms. Harris explained staff has received concerns from residents with children who live next door to grows and this would limit the potential for children to access the plants. Staff was asked to explain the removal of the indoor growing limitation. Ms. Harris stated the city cannot legally enter a person's home and therefore any city limitation on the number of indoor plants would be unenforceable. It was noted, however, that the state does limit the total number of plants allowed. If you have four or less plants total, you are not subject to the state's licensing requirements, but if you have more than four plants you must adhere to the state's regulations. Commissioner Dawkins noted that retail establishments cannot be both medical and recreational; they have to be registered as one or the other under state law. Commission Deliberations Commissioner Mindlin stated she is not in favor of limiting height and stated marijuana is now legal and people's attitudes will eventually change about seeing it. She added limiting the height could create a hardship for someone attempting to grow a plant and could kill it. However, she stated she is very concerned with odor and voiced support for the restriction on the size of the cultivation area, even if this means people can't grow four large plants outdoors. Commissioner Norton voiced support for Dawkins' idea to use the base of the plant when measuring where it sits in the 50 ft. cultivation area. Commissioner Brown stated he would prefer to be more restrictive starling out and agreed that the community's attitude will change over time. He voiced support for the 6.5 height limit and stated this will help with security. He added if down the road they find 6.5 ft. is not working it can be increased. The setbacks could also be changed to be more lenient in the future if it's deemed appropriate. Commissioner Pearce voiced support for the larger setbacks and keeping the language that states the cultivation area needs to be closer to the residence than neighboring residences. Commissioner Miller disagreed and sated this is too subjective. She added the city has setbacks for chickens, and goats, and everything else and believes this would work fine. She noted she is also in favor of the larger setbacks, even though this won't work for townhouses and smaller lots. Commissioner Dawkins stated he is not in favor of the cultivation area. He stated growing marijuana is a big job and most people won't find satisfaction in it. And by legalizing it, there will be a much wider selection available at retail stores. He added if the ordinance is too restrictive it will push people to grow indoors and people should be allowed to use our climate for this. The commission discussed reducing commercial sites from 10,000 sq.ft to a maximum of 5,000 sq.ft. Comment was made that they should not be encouraging commercial sites in the city and these should be located in agricultural areas instead. Statement was made that if the maximum size was reduced this would push these uses out to where they really belong. General agreement was voiced to lower the maximum commercial site size to 5,000 sq.ft. Commissioners Dawkins/Thompson m/s to restrict commercial sites to 5,000 sq.ft. Voice Vote: all AYES. Motion passed unanimously. Commissioners Brown/Dawkins m/s to include the Southern Oregon University and Croman Mill zoning districts to the ordinance. Voice Vote: all AYES. Motion passed unanimously. Ashland Planning Commission October 27, 2015 Page 3 of 4 3 Ms. Harris clarified she would correct the minor word-smithing items raised during deliberations and would include a reference in the homegrown section to the state law requirements. Commissioners Pearce/Dawkins m/s to recommend approval of PL-2015-01677 as amended. Roll Call Vote: Commissioners Dawkins, Thompson, Brown, Norton, Miller, Pearce, and Mindlin. Roll Call Vote: all AYES. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 8:25 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission October 27. 2015 Page 4 of 4 4 Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING OCTOBER 27, 2015 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street it. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PL-2015-01677 DESCRIPTION: An ordinance amending chapters 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale. VI. ADJOURNMENT CITY OF -ASHLAND ,r In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 5 ASHLAND PLANNING DIVISION STAFF REPORT October 27, 2015 PLANNING ACTION: #2015-01677 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.2.2 Base Zones and Allowed Uses AMC 18.2.3 Special Use Standards AMC 18.2.5 Standards for Residential Zones AMC 18.3.3 Health Care Services District AMC 18.3.5 North Mountain Neighborhood District AMC 18.6.1 Definitions REQUEST: Amendments to the Ashland Municipal Code creating standards for cultivation of homegrown marijuana and perrnitting marijuana-related businesses as allowed by state law in the Commercial (C-1), Employment (E-1), and Industrial (M-1) zones. 1. Relevant Facts A. Background In 1998, Oregon voters approved Ballot Measure 67, the Oregon Medical Marijuana ACT (OMMA) (ORS 475.300-475.346). Since that time, the Legislature amended OMMA on a number of occasions. In 2013, the Oregon Legislature passed House Bill 3460 that provided a system for registration and regulation of medical marijuana dispensaries ("dispensaries"). The law went into effect on March 1, 2014. The Oregon Health Authority (OHA) administers the state medical marijuana program including registration of medical marijuana grow sites and dispensaries. In 2014, the Oregon Legislature approved Senate Bill 1531 granting local jurisdictions the authority to establish local restrictions for dispensaries and the ability to put into effect a temporary dispensary moratorium to allow cities and counties additional time to enact restrictions. The additional regulations went into effect March 19, 2014. In July 2014, the City Council passed an ordinance amending the Ashland land use ordinance to allow medical marijuana dispensaries in the C-1, E-1, and M-1 zones. The attached dispensary map shows the locations of the approved medical marijuana dispensaries in Ashland. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page i of 10 6 In November 2D14, Oregon voters approved Ballot Measure 91, legalizing the growing, distribution, possession, and use of marijuana in certain amounts for non-medk_,al personal use by persons 21 years of age or older. Measure 91 also designated the Oregon Liquor Control Commission (OLOC) as the agency charged with licensing and regulating the growing, processing, and sale of recreational marijuana. In 2915, the Oregon Legislature passed a series of bills, including House Bill 3400, that made reforms to OMMA and Measure 91. OMMA was amended in a number of ways including limiting the number of plants allowed at a medical marijuana grow site and allowing medical marijuana growers to apply for a recreational grow license. Measure 91 was also amended in a number of ways including allowing for personal making, processing or storing homemade marijuana concentrates and directing OLCC to adapt restriction on the size of recreational marijuana grows. SB 450 allowed the sales of recreational marijuana by medical marijuana dispensaries on October 1, 2015, The bill also allowed a city or county to prohibit the sale of recreational marijuana at medical marijuana dispensaries by adopting an ordinance to that effect. The City Council discussed the option of preparing an ordinance to prohibit the early sale of recreational marijuana at the July 21, 2015 meeting and decided not to move forward with a prohibition. The homegrown personal possession provisions of Measure 91 began on July 1, 2015, and persons 21 years or age or older may grow up to four marijuana plants per household. In addition, the households may process, keep, and stare limited amounts of homegrown marijuana and homemade marijuana products, OLCC begins accepting li tense applications for processing, production, testing, retail and wholesale operations on January 4, 2016, There are three medical marijuana dispensaries in Ashland that are approved by the Cite and registered with OHA and one dispensary approved by the City and pending approval by OHA. i The Planning Commission held study session discussions on draft standards for personal or "homegrown" marijuana grow sites and for marijuana-related businesses on June 23, 2015 htt :IJ~ wwvv.ashland,or.us/SIB/files/2015-06- 23 PC Packet 1Neb.12df and August 25, 2015 http://www_ashiand.or.us/Filest2015-08-25 PC Packet Web2..pd . B. Ordinance Amendments FranningAcCGa PA 2015-01671 Ashland P~airing division - Staff Report Applicant: City of Ash`<ad Page 2o'10 7 The proposed amendments to the land use ordinance are attached. The amendments are intended to balance the allowances for recreational and medical rarijuana in state law with the mitigation of potential nuisance and safety impacts to residential neighborhoods from growing marijuana on residential properties and from marijuana-related businesses. Changes or additions to the draft made since the August 25, 2015 Planning Commission study session are highlighted. The proposed amendments address two areas personal or homegrown marijuana and rarijuana-related businesses. The existing special use standards for medical marijuana dispensaries in 18.2.3,190 have been revised to incorporate the proposed amendments to address the two areas. Homegrown Mariitlatla Homegrown marijuana is defined in the proposed amendments as growing and harvesting marijuana for personal consumption by a person 21 years or older, whether for medical or non-medical purta+oses, or for another medical marijuana card holder, Medical marijuana grow sites located in residential zones are considered homegrown marijuana for the purpose of the City's ordinance. The resident grower is defined as the person cultivating the homegrown marijuana- `i he draft ordinance amendments allow homegrown marijuana cultivation as a special use in the residential zones including the North Mountain Neighborhood, the Health Cary: Services District, and the C-1, E-1, and M-1 zones, Homegrown marijuana is allowed in the non-residential zones because dwelling units are permitted in some of these areas as part of a mixed-use development. In addition, there are examples of pre-existing nonconforming single-family residences in the C-1, E-1, and rA-1 zones (e.g., the homes on the south side of A St.). As a special use, hornegrovin marijuana cultivation= is subject to the special use standards in 18.23.190.A (see page 14-16 of attached draft). The proposed amendments address outdoor and indoor homegrown marijuana cultivation and are summarized below. • The resilient grower must live on the property and the property must be the primary residence of the resident grower. • Drying, storage, or processing of homegrown marijuana has to be located in the dwelling unit or an accessary structure and cannot be located outdoors. Up to four homegrown marijuana plants are allowed to be grown outdoors meeting the following requirements, o Plants cannot be located in the front yard and cannot be visible form a public place, public street, or any area that the general Planning A dicn PA 2015-411677 A.sNarid Manning Division - Staff' Repot Applicant C Qy of Ash aqc Page 3 cr 10 8 public has access such as schools, playgrounds, parks, open space, paths, and trails. o Plants must be screened to limit view and access from adjacent residential properties with a wood fence or masonry wall. Access points have to be secured at all times to prevent unauthorized access. o An area up to 50 square feet in size is allowed for outdoor cultivation. o The cultivation are must be located closer to the resident grower's primary residence than to dwellings on adjoining properties and a minimum of 20 feet from dwellings on adjoining properties and 10 feet from any property line. o The maximum plant height is 10 feet. m Indoor homegrown marijuana cultivation must meet the following requirements. o Lighting systems associated with indoor cultivation must be shielded and windows covered to confine light and glare to the interior of the structure. o Any structure, electric service, plumbing, or mechanical equipment must satisfy Building Code requirements and obtain require building permits prior to installation. o Vacant or uninhabited dwelling units cannot be used for marijuana cultivation. No dwelling unit can primarily be used as a place to cultivate marijuana. Discussion of Homegrown Marijuana Proposed Amendments State law for recreational marijuana allows up to four marijuana plants per household and for medical marijuana allows up to 12 mature plants per address in residential zones and up to 48 plants per address in all other zones. State law does not distinguish between outdoor and indoor cultivation. Household is defined in Measure 91 as "a housing unit, and includes any place in or around the housing unit at which the occupants of the housing unit are producing, processing, keeping, or storing homegrown marijuana or homemade marijuana products." Housing unit is defined in Measure 91 as "a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as a separate living quarters, in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall." The cultivation of marijuana in the city limits appears to have increased over the past few years because of an increase in medical marijuana grows allowed under state law. As a result, the City began receiving nuisance-type complaints related to the odor produced by marijuana plants grown outdoors. Neighbor complaints Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 4 of 10 9 include not being able to enjoy their backyard and not being able to open their windows because of the strong odor produced by the marijuana grown on adjacent property. In addition, complaints have involved impacts from light, glare, and noise from mechanical equipment (e.g., lights systems, fans) related to indoor cultivation and odor from processing (e.g., drying) plants in garages and accessory structures. Though not numerous, the more extreme cases have involved using garages and/or portions of the home for indoor cultivation. Larger scale indoor cultivation in residential situations can consume electricity nearing commercial levels and potentially can be a safety issue. The purpose of setbacks, a height limit, and a maximum cultivation area for outdoor marijuana cultivation is to limit the location, size, and scale of the grow area. The intent of limiting the location, size, and scale of the grow area is to reduce adverse impacts to neighboring properties and maintain the dwelling unit and the associated yard area as the primary use of residential properties. Based on staff's experience with past code compliance cases the suggested setback may mitigate but will not prevent odor from reaching neighboring properties. One thing to note is that any setback or area requirements will be more difficult to meet on smaller properties and/or properties with multiple dwellings on the same lot. The code compliance complaints received by the City thus far have been single-family dwelling situations with one dwelling unit on one lot. Marijuana-Related Businesses Marijuana-related businesses are those enterprises allowed by state law and licensed by the State including processing, production (growing), retail sales (medical and recreational), testing (laboratories), and wholesale storage and distribution. The draft ordinance amendments allow marijuana retail sales as a special and conditional use in the C-1 and E-1 zones and allow processing, production, testing, and wholesale as special permitted uses in the E-1 and M-1 zones. The previous standards for medical marijuana dispensaries are carried forward and some of those previous requirements are applied to all of the marijuana- related businesses. Marijuana-related businesses must meet the following requirements. • The business must be located in a permanent building. Outdoor storage and cultivation is prohibited. • Any modifications of the site or building must obtain Site Design Review if required. Security bars and grates on windows and doors are prohibited. • Marijuana remnant or byproducts shall have secure disposal. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 5 of 10 10 • The business must obtain an approved license or registration from the State of Oregon and meet all applicable state laws and administrative rules. • Lighting systems associated with indoor cultivation must be shielded and windows covered to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited. • Any structure, electric service, plumbing, or mechanical equipments must satisfy Building Code requirements and obtain require building permits prior to installation. • The property owner must record a declaration which waives the right to hold the City liable for damages from state or federal enforcement actions for activities the City permits under the new code. Marijuana retail sales continue to be prohibited in the Downtown Design Standards Overlay. There are two approval routes for retail sales depending on the proposed location. If the establishment will be located on a boulevard, marijuana retail sales continue to be a special use that must meet the special use standards in 18.2.190.13. If the establishment will not be located on a boulevard but is 200 feet or more from a residential zone, marijuana retail sales continue to require a conditional use permit. The attached dispensary map shows the locations of the approved medical marijuana dispensaries in Ashland. Marijuana retail sales must meet the standards required for marijuana-related businesses (described above on page 4) and the following standards. • Retail sales must be not be located within 1,000 feet of another marijuana retail sales outlet. • The retail sales outlet may not include a drive-up use. Marijuana laboratories, processing, and production must meet the standards require for marijuana-related business and the following standards. • Production facilities are limited to 10,000 square feet of gross leasable floor area per lot. • Laboratories, processing, and production facilities must be located 200 feet or more from residential zones. Discussion of Marijuana-Related Businesses The proposed amendments limit marijuana production facilities to 10,000 square feet of gross leasable floor area per lot. Outdoor cultivation associated with marijuana production is prohibited. OLCC recently released draft rules covering general requirements applicable to all marijuana licenses for the marijuana-related businesses. The draft rules limit canopy sizes to 5,000 to 10,000 feet for indoor production. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 6 of 10 11 States such as Colorado have allowed commercial grow operations in warehouse structures. Reported problems include high square footage needs with relatively few employees, continuous lighting, and inflated light industrial or warehouse rents, While none of the information is definitive, it may be prudent to initially limit the indoor grow operations so that employment lands are preserved for a variety of uses and employment intensities. According to the City's 2007 Economic Opportunity Analysis (EOA), approximately 15% of Ashland's employment is in the industrial or manufacturing sector, The average employment density forthe City's commercial, health care, employment, industrial zones is 17.2 employees per acre with more specifically an average of 9,2 employees per acre in the E-1 zone and 12.1 in the M-1 zone. Based on the average of 17.2 employees per acre, the employment land supply is projected to be sufficient through 2027, but begin to experience some deficits in the 2028-2057 time period. The existing code limits retail establishments in the E-1 zone to 20,000 square feet in size. The intent of this code provision is to retain a sufficient amount of E-t land for light industrial uses. The limitation on the size of production operations would be similar. The square footage limitation would allow indoor marijuana production of a reasonable size while preserving employment lands for different uses and potentially uses with higher employee per acre ratios- Currently, medical marijuana dispensaries must be located at feast 200 feet from residential zones. The draft is written so that the processing, production, retail, and testing operations would also have to meet this requirement. Because the legal marijuana industrpr is new. there is limited information available 3 about the impacts from marijuana laboratories, processing, and production and whether the uses create different or additional impacts (e.g., noise, odor, energy use, water use) compared to other general manufacturing uses. Typically, uses are required to be setback from residential zones if there are impacts such as odor from auto body painting or noise such as heavy machinery operation. The existing code requires automobile and truck repair, auto body repair or painting, and kennels with animals housed outside to be at least 200 feet from residential zones. Cabinet, carpentry and machines shops can be located within 200 feet of a residential zone but are a conditional use. Wholesale distribution is allowed as a special permitted use within 200 feet of residential as long as the hours of deliveries and shipments occur between 9:00 a.m. and 7:00 p.m. Chances to Draft Changes or additions to the draft made since the August 25, 2015 Planning Commission study session are highlighted. Several changes are not highlighted Planing A-,Imn PA 2015-01677 Ashland PIar n ng DMsion Claff Report Applicant; City d Ashlanjtl PNe ~ Of to 12 because previous wording was removed from the proposed amendments. A summary of the changes with references to the page numbers in the ordinance is below. • Laboratory (page 10) - Laboratory was added as an eligible use in the E- 1 and M-1 zones. The State recently added laboratories to the type of eligible licenses for marijuana-related businesses. Laboratories are for testing marijuana and marijuana-related products. • Home Occupation (page 13) - Marijuana-related business was added to the list of prohibited uses for a home occupation. Previously, medical marijuana dispensary was a prohibited home occupation. • Total Number of Plants - The limitation of the total number of plants on a property including both indoor and outdoor locations was deleted. In discussions with other departments, it appears that this provision would be difficult to enforce. Instead, emphasis is place on the correct installation of electric, plumbing, and other mechanical equipment and maintaining the residential use of the property. • Sliding Scale - The allowance to increase the number of plants on residential properties for every 2,500 square feet of additional lot area was deleted based on the Planning Commission discussion. • Primary Residence (page 14) - For homegrown marijuana in section 18.2.3.190.A, the wording regarding primary residence was edited to make it clear that the resident grower must live on the property and the property must be the resident grower's primary residence. • Homemade Marijuana Extracts -The prohibition of homemade marijuana extracts was deleted. The recent legislation allows personal making, processing, or storing of up to 16 ounces of homemade marijuana concentrates. • Access (page 14) - Language was added requiring outdoor cultivation areas to be secured at all times to prevent unauthorized access. Also, previous language regarding greenhouses was deleted. • Cultivation Area Location (page 14) - Language added requiring an outdoor cultivation area to be located closer to the resident grower's residence than to a neighboring dwelling. Also, language added allowing outdoor cultivation area to be in separate cultivation areas. • Plant Height (page 15) - Language added requiring plants to not exceed ten feet in height. • Plumbing (page 15 and 16) - Plumbing added to the list of items for indoor grows that must meet Building Code and obtain any necessary building permits. • Vacant Dwellings (page 16) - Language added prohibiting vacant or uninhabited dwelling units from being used for marijuana cultivation. • Federal Law (page 16) - 18.2.3.190.B.f reworded for clarity. • State Law and Rule References - Specific ORS and OAR citations were removed. The state laws and rules are rapidly evolving and it is difficult to Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 8 of 10 13 continually update the references in the local code. Staff consulted with the Legal Department on this issue. • Retail Sales Separation (page 18) - Language was added requiring 1,000 feet between retail sales outlets. • Health Care Services District (page 20) - Language added allowing residences in the Health Care Services District to have homegrown marijuana. For example, much of the area round the hospital is residential and has the right to residential uses subject to the requirement of the R-2 zone. • North Mountain Neighborhood Zone (page 22) - Language added allowing residences in the North Mountain Neighborhood zone to have homegrown marijuana as well as other agricultural uses allowed in the residential zones. • Definitions (page 23) - A variety of definitions were edited for clarity and several definitions were added. For example, the licensed marijuana- related businesses were edited and consolidated in one grouping. II. Procedural 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information); and urban growth boundary amendments. The following planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. III. Conclusions and Recommendations If the Commission recommends approval of the attached ordinance, staff will prepare a formal recommendation to the Council for the Commission's review. The public hearing is scheduled at the Council on November 17, 2015. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 9 of 10 14 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND MARIJUANA-RELATED BUSINESSES INCLUDING PRODUCTION, PROCESSING, RETAIL SALES, TESTING, AND WHOLESALE. Annotated to show d€Iaian-s-and additions to the code sections being modified. Deletions are bold fined thro gl and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, ]mown as the Control, Regulation, and 'T'axation of Marijuana and Industrial I lemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and WHEREAS, the Legislature passed four laws relating to medical and marijuana in the 2015 legislative session including I louse Bill 2400 amending the Oregon Medical Marijuana Act (OMMA) and Measure 91; and WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Cif The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Ci of Beaverton v. International Ass'n of Firefighters, Local 1660, eavertonSh_ op 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHERE, AS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted Ordinance No. Page I of 25 16 to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and WHEREAS, House Bill 3400 provides that cities may impose reasonable regulations including hours of operation, manner of operation, public's access to, and location on all four types of recreational licenses and medical marijuana grow sites, processing sites, and dispensaries; and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and WHEREAS, the City Council determined there has been an increase in marijuana cultivation, specifically in residential neighborhoods, because of an increase in medical marijuana grows allowed by state law; and WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an increase in code compliance complaints regarding odor related to outdoor marijuana cultivation as well as adverse impacts related to noise from mechanical equipment and lighting related to indoor marijuana cultivation in accessory structures such as greenhouses; and WHEREAS, the City Council determined it is necessary to establish rules and regulations for marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and general welfare of residential neighborhoods and neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on October 27, 2015; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on November 17, 2015; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are frilly supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: Ordinance No. Page 2 of 25 17 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. Ordinance No. Page 3 of 25 18 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. 1. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. 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(7 Q (D N U z c Y N E _ CL _ W L Z V) - - D bO z a m o U U `D y o 'a t C Z Z iV U c II m r ~ U Z Z N m ~ - c ~ z z ro c ~ y - y cn a Z Z Q j a> U X (a z z a r> U t ~ Z Z 3 d ~ C N !r n E CD P a 3 N m II o r cn Q C C aj 01 m ~ cn T a lJl O C E C N a' C) W ° CIO E 0 N E rc ~ d Z N D II N N ~ co a a s U a (D (D to a) cl~ C ~ t>>ll ~ ~ ~ Y h LL U > ~ H H r O 26 SE(J'10N 2. Clr,rl tear 18.23 1Speci:tf Usc Standards-] Ionic. Occupr_16011) ofthe Ashland La rid Use 0-dinance is l rcl trrite~ttlcd to read w, li llc ws: 18.2.3.150 Horne Occupation A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be. operated within a residence. Home occupations are recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that dome occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their hornes. B. Conduct of Home Occupation -Standards. I-lorne occupations are permitted pursuant to the following standards. Where a home occupation use does rot comply with one or more of the following requirements, the Staff Advisor rrray find the subject use is no longer permitted. 1. appearance of Residence. j a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area not visible from the public right-of-way and be conducted in such a manner as not to give an outward appearance of a business, b. The home occupation shall not result in any structural alterations or addition$ to the dwelling or accessory structure that will change its primary use. c. No display of products and or equipment produced or used by the home occupation may be displayed so as to be visibly; from outside the dwelling or accessory structure, 2. Stora e. a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited. b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited, r.. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in the dwelling or accessory structure. 3, Em to ees. a. Other than family members residing within the dwelling located on the home occupation site., there shall be no more than one full time equivalent employee, and no more than one employee at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted. b. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work at the home. c. The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other Locations. 4. Advertising and Sicinage. No signs shall be permitted on a home occupation site.. Ordinance No. Nige 12 of25 i 27 5. Automobiles, Parkinn and Traffi . a. One commercial automobile associated with tree home occupation is allowed at the home occupation site. Such autntnobile shall be of a size that lydorrld not overhang into the public night-of-way when parked in the driveway or other location on the, home occupation site. h There shall be no excessive commercial vehicle deliveries from or to the home occupation site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p,ni. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to a.►7I. c. There shall be no more than one client or custorner's automobile at any one time and no more than eight per day at the home occupation site. 5, Clients or customers are permitted at the horne occupation from 7 a,rn, to 7 p,m. only, C. Prohibited Uses, The following uses ar prohibited as horrte occupations, 1. Any activity that produces radio or television interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards. 2, Any activity ins+olving on-site retail sales, except as allowed in the Historic District Overlay or items that are incidental to the occupational use, such as the sale of beauty products from salons, lesson gooks or sheet music for music teachers, or computer so%vare for computer consultants. 3. Any of the following uses, and uses with similar obje :tionable impacts because of automobile traffic, noise, glare, odor, dust, smoke, or vibration. a. Ambulance service. b, Ammunition or firearm sales, c. Ammunition reloading business, d. Animal hospital, veterinary services, kennels, or animal boarding. e. Aut© and other vehicle repair, including auto painting. f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, or large equipment on-site. g. M cfisat naari + na lisps say Marijuana-related business. d_ Permit Required -Application 1. No person shall conduct a home occupation without first obtaining a home occupation permit from the Planning Department and a valid business license as required under AMC title G. 2. The home occupation permit shall include such information as is necessary to determine the location and type of business; and the manner in which it will be conducted, If the Staff Advisor finds that the proposed home occupation complies with the requirements of this chapter, the Staff Adviser shall issue a permit. 3. The home occupation permit is valid only to the person named on the permit and for the Ordinance No. Page 13 of"25 28 k I business to be conducted at the location stated on the permit. The permit is not transferable to another location or to another applicant. 4. Issuance of a hcme occupation permit under this chapter shall not relieve the applicant from the duty and responsibility to comply *ith all other rules, regulations, ordinances, or other laws governing the use of the premises and structures thereon, including, but not limited to, the specialty codes defined in AMC 115.04, the fire code standards defined in AMC 15.28, or any private restrictions relative to the property. 5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter periodically to insure compliance with all regulations and conditions to which the pert-nit is subject, during normal business hours, and with reasonable notice. SECTION 3. Chapte 18.2.3 [Special [J t- Standards-Mcclical' Mari,jtinn i DispL.nsaryj of the rlslrl,rnd Land Use Ordinance is llcreby amended to read as f~llotii~ti: 18.2.3.190 Medical Marquana Dispensary Mariluana-Related Uses. A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, i# shall meet all of the followi_ngreguirements. See definition of homegrown marijuana cultivation in part 18-6. 1. Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that samproperty must be the primary residence of the resident grower. 2. Related Activities. An drying, kee in storage, or rocessin of homegrown marijuana shall be located within the dwelling unit or an accessory, structure and shall not be located outdoors. 3. Outdoor Cultivation. Up to four marijuana plants per lot are allowed to be grown j outdoors Outdoor homegrown marijuana cultivation shall meet all of the following requirements. a. Locate marijuana plants so the plants are not visible from a public place, public street or any area that the general public has access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails Marijuana plants shall not be located in a front yard. b. Screen marijuana plants to limit view and access from adjacent residential properties with a solid wood fence or masonry wall. Any access points to the cultivation area must be secured at all times to prevent unauthorized access. For fence and wall design requirements see section 18-4.4.060- c, Dimensional Standards. Marijuana plants grown in outdoor cultivation areas shall meet all of the following dimensional standards Including Table 18.2.3.190.c. i. Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellincts in the same multifamily Y development. Ordinance No. Page 14 of 25 29 ti. Marijuana plants may be located in one cultivation area or in separate cultivation areas throughout a yard. Table 18.2.3.19p.3.t fJutdot3r Cultivatiatt Dimensional Standards for Homegrown Marijuana Number of Maximum Maximum Minimum Setback from Minimum Setback from Marijuana Plants Cultivation. Area Mar igana I ut Any Property Litre Dwellings on Adioinintt Allowed Hectht' Prupcrties d or fewer plant s 50 stluare feet 10 Feet 10 feet 20 feet --All a visible above the ground level shall be contained with the perimeter of the ~sarts of a marnuana planks tha# ar cultivation area. Where plants are located separately, the combined total of the Individual cultivation shall not exceed the maximum cultivation area. 2Mariiuana plants shall not exceed ten feet in height from the top of the average surroundingrade. a Mariiuana plants must also be located utie setback distance from an wultifamily dwelling unit within a multifamily development. j d. Multi-Family Development. Homegrown marijuana may be cultivated outdoors on a lot a containing multi-family dwellings in conformance with the requirements of subsection 18.2.3.190.A and provided all of the following requirements are met. L The property owner provides written notification to all residents of the development and to the City that verifies the cultivation of marijuana Plants will comply with the requirements of 18,2.3.190.A. The written notification shall include the following information. 1, Property owner, property manager, or home owner association representative contact information including the name address, and phone nurnber(sy. 2. Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the marijuana Ip ants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3. The City requirements for the outdoor cultivation of marijuana incltldinct the maximum number of plants per lot and the re uirements of subsection 18.2.3.190.A. 4. Indoor Cultivation. a, Building Cade. Any structure, accessory structure„ electrical service, pfumbinq, ar mechanical equipment (e.g.. lighting, fans, heating and cooling systems associated l with marijuana cultivation shall satisfy, the Building Code requirements and obtain all required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. b. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. C7rdinancc No, - P,a-ve. 15 of 25 30 c. No dwelling unit shall be used primarily as a lace to cultivate marijuana. Vacant or uninhabited dwelling units shall riot be used for marijuana cultivation. B. Marijuana-Related Businesses.. 1. Marliuana-related businesses may require Site Design Review under chapter 98.5-2 or a Conditional Use Permit under Chapter 18.5.4. See Table 18.2.2.030 _ Uses Allowed by Zane for zones where marijuana-related businesses are allowed. See definition of marliuana-related businesses in part 18.5, Marliuana-related businesses shall meet all of the following requirements. a. The business must be located in a permanent building and may not locate in a trailer cargo container, or motor vehicle. Outdoor marijuana cultivation and storage of merchandise raw materials or other material associated with the business is prohibited. b. Any modifications to the subject site or exterior of a building housing the business inust be consistent with the Site Design Use Standards and obtain Site Desi n Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. c. The business must provide for secure disposal of marijuana remnants or b~L- products; such remnants or by-products shall not be placed within the business' exterior refuse containers, d. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine light j and ctlare to the interior of the structure. Grow light systems within a greenhouse are prohibited. e. Building Code. Any structure, accessory structure, electrical service, plumbing, _or mechanical equipment (e.g_, lighting, fares, heating and cooling systems) associated with a business shall satisfy the Building Code requirements and obtain all required building parmIts, prior to Installation, f The property owner shall recofd a declaration which waives any claim or right to hold the City liable for damages the or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the proposed use or development once such approval is granted Furthermore the owner and tenant agrees not to unreasonably disobey the City's order to halt or suspend business if state or federal authorities order or otherwise subject the Git to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under section 18.2.3.190. q. A marijuana-related business must obtain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 2. Marliuana Laboratories Processing, and Production. In addition to the standards described above in subsection 18.2.3.190.B.1, marliuana laboratories, _processing, and Ordinancv No. Pane 16 of 25 31 production shall meet the following requirements. See definition of marijuana processing and production in part 18.6. a. Mariiuana laboratories, processing, and production shall be located 200 feet or more from residential zones. b. Marijuana production shall be limited to 10,000 square feet of gross leasable floor area per lot. 3. Marijuana Retail Sales. In addition to the standards described above in subsection 18.2.3.190.B.1 marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. - ~ot~levard 6ACatien:-Medieal +~aarijua ►a dispensaries-are-nor~ ,,,i ted subject tA--al-I-ef the followiin~g, ` esign standards 1. The-di&pe-nsa-ry T ust b -lo wit+l-a-boundary line adja en4 to a-i town Design bAO4evof4,-ex( ept4hat-da-sp^cn a :es-are-not-per,mftlte414L' Standards zone The dispensary must be 10rated in a permanent building and may not lerate a trailer, GarqO f or motor vehiGle. Outdoor storage of merGhand materialsf ' or other material asso&iated-witkthe- prohibited. dispensary is 3 Any mndff4C-atiens to the subject site or exterior of a building housing the ' disperissa j must be-G.gnsic4ent w4h the Site Design Use-Standards, and 0 in Site-Review approval if requi ed-by-sec4 eGw 8.6:2028Security-bars or grate „n windews and doors eprohibited. 4--T-he dispensary establishment must not have a drive-up use. 5ides pensa rmust provide for seGure disposal of :nnants or by prod stsf • such re „Tanta or-by-preduGtsshaia nod be-plaeed-vvitiain-the disp nsayfs exterior refuse c;.Antai - _Th r!' registered with the Oregon I lealth nAthArlt'rTz';nrAEi the sta~__ vof Oregon's merliral mar4juana a~-egi&t*a~n s s+em under 0- S 476.300 ORS 4 meets the requirements ~ • .346, and Marijuana F-aGNities eXGept as allowed On secti dispensaries, B. Other LoGatioRs. MediGal marijuana 13.2.3.190.A, entt tional Use Permit undo h R C. A and shall r-ar~saf~rihi~ccc meet-a I! ofthe-fvliA:".ring r nrriroments. t.. The ispensar7-iTfu~rbe low 200 feet or more from residential zone, exeept that dispensaries are not permit al in-the-Downtown Design Standar-ds--zone-. i The dispensary must be lo to permanent building and may not locate in a traiier,-cargo-container-or-motG ehio rave-ef me Ghan di :;aa+_ _-_+I_, or other material assOGiated w+th-_the-dispensary is prohibited 3. Any medifiGations to the subject site or exterior of a building housing t1le Ordinance No. Page 17 of 25 32 di&pellarl r~ -St be oon J ~ 5.~11s f+~Ti9t'IrYY Q.°S.a-0__i'.. -standards, .~+te Review,approval-if-~e~u+~'"ft+~r1-'1t3,b~4~4-.Securtt~_bar~.a~-mates-ors ~in~at+lRs-ar~~-~1t~~r~-are and obtain b The eliss"ensary i~st pkre+de sure disasa{ erarijuana rereats ery~- produot,_s; such -rernriants®or by-pr-Gdu-rts-shall-note-pia rfitN-n4he -fin&a43f'-s exterior-refuse-r, Ont- arte : T-tie-"pensar-y-is-refitstered-with-thn"re♦po,.i5~, rtkh-Autf~-it -under-tthe--sytate-of 0",Gn's '~ediG'l n lfua•~r~ ~-'re'~'jstr'rdtl[ n-- `yst-` Cf-'4-✓RS-4,76430 - Q ~~~.346;-at~~l-meets-tl~e-re~trirealer'>~°~-~~.° l~afate+-3~visicaw-$=Meclicel Marlp ana Faritities: a. Location. i. Marijuana retail sales are allowed if located on a property with a boundary line adiacent to a boulevard. li. Mariiuana retail sales, except as allowed above in subsection 18,2.3,990.13,3.a. , must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following i requirements. Hi. Mariiuana retail sales are not permitted in the Downtown Desitln Standards Zones. iv. Mariluana retail sales must not be located within 1,000 feet of another mariiuana retail sales establishment. For the purposes of determining the distance between a retail sales establishment and another retail sales establishment "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closes point anywhere on the premises of an approvers retail sales establishment to the closest point anywhere oil the premises Of a proposed retail sales establishment. If any p©rtlon of the premises of a proposed retail sales establishment is within 1,000 feet of an approved retail sales establishment it may not be approved. b. Drive-up Use The marijuana retail sales outlet must not include a drive up use. SECIJON 4. Chapter 18.2.5 [Standards For Residential Zones] ol'thc Ashland Land lase Ordinance is hereby amended to read as follows: 18,2.5.040 Accessory Bulldings and Structures Accessory buildings and structures shall comply with all requirements for the prin:ipal use, except where specifically modified by this ordinance, and shall comply with the following limitations:., A. Setback Yard Exceptions. See subsection 18.2.5,060.8.2. B. Guesthouse. A guesthouse may be maintained accessory to c single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. Ordinancc No. Page 18 of 25 33 C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and production requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. . IZ:ZZ CJ ~14 p p a~ 7p, 110 Figure 18.2.5.040.E.2 Micro-Livestock Encrosure/MininIUM Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and Ordinance No. Page 19 of 25 34 maintained between the barrel and property line. 3 Fain barrels shall he secured and installed on a sturdy and IOVel foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SEC110N 5 Chapter 18.3,3 111, rltli Servicc Districti ul'tlic A~,hl nd kind Usc Ordinance i; licreby arrcrtdr d to r-pact as tbllo 18.3.3.030 Permitted Uses The fallowing uses and their accessory uses are permitted outright. A. Residential and agricultural uses, subject to the requirements of the R-2 zone, B. Horace occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational therapists, substance abuse counselors, chiropractors, and weliness centers, including nutritional counseling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories. F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned proper"Ly, that is specifically allowed by the Ashland Community Hospital Master Fadiity Plan adopted by the City by ordinance. SECTION 6 Cbaptor 183.5 [North Mountain Neighborhood District] of the Ashland land Use- Ordimance i~ hereby nmended to read as fbliowr;: 18.3.5.450 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include these that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where, Table 18,3,5.050 noes not list a specific use and part 18.8 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited, All uses are subject to the development standards of zone in whi h they are located, any applicable overlay zone(s), and the review procedures of part 18.5, See section 18.5.1.020 Determination of Review Procedure. C. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter '18.2.2 Base Zones, additional land use standards or use restrictions apply witnirt overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 183. Ordinance No. Page 20 of'25 35 C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 21 of 25 36 Table 18.3.6.050 - North Mountain Neighborhood Uses Allowed 64 Zone North Mountain Neighborhood Zcn€' LNM.R.1.7.5 NM-R-1-5 NM MF- tdM C NM[vic ~ A. Residential m Residential Uses, sutject td density P P P P N requirements in Table 18,3.5.050 Accasswy Residential Units S S N P N Agr-tcultcaral-l.Ises ~ ~ ~ ~ S Horne Occupations P P P N Agricultural tlsas I? P P P S 1{eepinn Qf Livestock and fees S S S S S Marijuana Gulkivation, lignnegrown S 5 S S hl B. Public and Institutional Uses Community Services N S N S i' Parks and open Spaces P P P P u hlic Panting Lats N N N 1 ELI N Religious Institution, Hcuses of Worship N - N - N S N - Utility and Service Building, Public and Quasi-Public, excluding oLildcorstorage N N N S ( N and electrical substations I B. Commercial Neighborhood Clinics N N N P N Nekchborhaad Oriented Retfall Sales and N N N P N ~A Oltices, Professional N N ~N P ~ N Restaurants N N N P N Temporary uses Temporary uses N N CU N N C. Industrial Manufacturing, Light N N N 5 N r Key: P = PorrnWed Uses,S = Permitted with Snoclvl Use Standards; (;U = C orid;tionai Use Permit Required: N = Not Alltmaed Zones; NC= Neighborhood Commercial, MU = Mixed Usa; OE = QFllce Employment; Cl = Cornpalible Industial:OS = Open Space, 17. Special Permitted Uses. The following uses and their accessary uses are special permitted' uses as listed in the Land Use Table and are subject to the requirements of this section and the requirements of chapter 18,5.2 Site Design Review. 1, Accessory Residential Units, a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. b. One accessory residential unit is allowed per lot, and the maximum number of duelling units must not exceed two per lot, Kay. P = Permuted Uscs; S = Permitted with Sped-al Uso Standards: OU = Conditfortal Use Permit Required; N - Not Allowed. 3 Zones: hJO= Neighborhood Cwunic[cial; 1`69':I = fulixed Use, QE - Office Emplayment; Cl - compatible Industrial; OS = Open space. Ordinance No, Page 22 oF25 37 c. The proposal must comply with the lot coverage and setback requirements of the underlying zone, d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. -a-ln the W-Civic zone, agriculture may include community garden space. 3. Keeping of Livestock and Bees. Subiect to standards in section 98.2.3.10. 4. Marijuana Cultivation, Homegrown. Subject to standards in section 18.2.190. 3. Community Services.. a. In the NM-R-1-5 zone, each building may be up to a rmaximurn of 2,500 square feet of gross floor area. b. In the NM-0 zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 4. Manufacturing, Liclht. a. The light manufacturing use shall occupy 000 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 5. Neicfhborhood Clinics- Each building may be up to a maximum of 3,500 square feet of grass floor area. 6. Neighborhood Oriented Retail Sales and Services. Each building may be up to a maximum of 3,500 square feet of gross floor area. f 7. Offices, Professional. Each building may be up to a maximum of 3,500 square feet of a grass floor area 8. Religious Institution, Houses of Vlorship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 0. Utility and Seance Building. Public and Quasi-Public. Each building may be up to a maximum of 3,5010 square feet of grass floor area SECTION 7 Chaptcr 15.6,1 [Dermitions] ot`the Ashk9nd land Use Ordinance is here-by suncn ied to mend a5 Follows: Greenhouse. A building or structure whose roof and sides are made largely of glass or Ordinance No. to a'-e 23 oF25 ii c 38 other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plans for personal enioyment or for subsequent sale, Homegrown Marina. Marijuana plants planted, cultivated, grown, and harvested by a person 21 years of age or olderfor personal consumption, whether for medical or non-medical purposes, or for another medical marijuana card holder. Medical marhuana row sites located in residential zones shall be considered homegrown marijuana for the purpose of this ordinance. Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing, keeping, or storage of homegrown marijuana. - Cultivation Area. The area within which marijuana plants are drown, - Resident Grower. An individual en a ed in the cultivation of homegrown mariiuana for personal consumption, whether for medical or non-medical purposes, or for another medical marijuana card holder. Marijuana. The plant Cannabis, family Cannabaceae, or any part or seed of the plant. It does not included industrial hemp. Medical Marijuana, Marjiuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Marijuana Act (ORS 475.300 QRS 475.346 Grown and sold b registered persons and facilities with the Oregon Health Authority (OHA). Recreational Marii'uana. Marijuana used for personal consumption by a person 21 years of ape or older. Marijuana Plant. immature and mature ,plants of the plant Cannabis family Moracpe. Marijuana-Related Businesses, Mari i uana -related businesses licensed by the Oregon Liquor Control Commission {OLCC► or registered_by the Oregon Health Authority (OHA). Mariiuana-related businesses are organized into, the following categories. - Laboratory. A laboratory that tests mariiuana and mariiuana items. Processing, Prvicessinc1, compounding, or conversion of marijuana into cannabinoid products, concentrates, or extracts- - Production. Planting, cultivating, growing, harvesting, or drying marijuana. Medical marijuana carow sites located in non-residential zones that do not meet the definition of Homegrown Marijuana shall be considered production for the purpose of this ordinance. Ordin,mce No. Nige 24 J25 39 Retail. A business that sells marijuana and marijuana products to the consumer. Wholesale. An operation that handles and distributes marijuana and marijuana products for the purpose of resale. R ~ Bch ` _.-..AIaL[-~i~'4f 4Ae°!f}c'~-S~}~}n#sc-J:-l~tfi f--~G#~F~~{--r~~,15~•@r43d-13~}F-t~F~9Fi- Health -n,~t,~~ -cmdeucr ORO IPM,v00 to ~~4 -tllcat +S?etiSGi{ }ditftliiiFh l #YStI&t t RS 476-314: SECTION S. Savingrs. Notwithstanding this arnendnienttrepeal, the. City ordinances in existence at the tine any criminal or civil cnforceincnt actions were conlmci1ccd, shall remain valid and in full force and effect for purposes ofall cases filed or commenced daring the times said oi-dinatnces(s) or portions thcre,ol7were. operative. This section simply clarifies the existing situation that nothing in this Ordinance affects thc- validity ofhroscoutions commenced and continued under the laws in effect at the tinge the matters were originally Clcd: SECTION 9. Severahilii!y. The sections, subsections, paragraphs and clauses ofthis ordinance sire severable. The invalidi}of one section, suhscction; paragraph, or claease shall not afte+;t the validity of (lie retnatining se:ctioras, subsections, paragraphs rand clauses. SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City Cade, and the word "ordinance" may be changed to "code" "article". *'section", "tchapter" or fanoth4a word, and the sections ofthis Ordinance may, be renurnbercd, ar re-lettored, previded hOWe:ver that any Whereas clauses and boilerplate previsions (i,e. Sections 6-7) need not be codified and the City recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C:) of the City Charter on the clay of 2015, and duly ,.PASSEL and AI)MI Ell this day of - 2015. , •istensen, City Recorder Barbaaa M. C hi E SICiNFD and APIIROVGI) this day of .2015. John Strornburg, Mayor Reviewed as to Form: David Id. Lohman, City Attorney t ( Ordinance Nu Page 25 of 25 40 N E °a'- c i T o ~ m o `•t~ o°o C E o.~ > °o _ N N O~) p O C N Vl U w O ~ ~ 'U ° OL ~1& - C O 'O N ~-6 N N.a Oo w '6 C O C E 1C LLJ 4:2 _ O r') cl M _o o Q - - ° a 2-6 o m u ao (g ON .n N m o N Tolman Cr,- Rc m 00 -0 ° O is US o c N m ° -o - 75 W s oUa~ ~m fl m m m E N 1 x~o p y W _ If 7 = I I . JI, ~I a y . I _ ~ .mot` I F s I I l I_ I j', - - ti S40Z/LZ/04 :dew jo a;ea April Lucas From: Bill Molnar[molnarb@ashland.or.us] Sent: Tuesday, September 15, 20'15 9:23 AM5 To: April Lucas Cc: Maria Harris Subject: Fwd: Sent to all City Council Members SIT II)1..1 Please include a copy in the file for the recreational marijuana code amendments From: "Kevin Flynn" <flynnk( k(a)ash land. or.us> To: "Maria Harris" <Maria.harris(a),ashland. or,us> Cc: "Bill Molnar" <molnarb(a~ashland.or.us> Sent: Tuesday, September 15, 2015 9:13:12 AM Subject: FW: Sent to all City Council Members Negative impacts of MJ I Kevin Flynn f Code Compliance Specialist € City of Ashland, Planning Division 51 Winburn Way, Ashland, OR 97520 Phone: (541) 552-2424 TTY (800) 735-2900 This emoil transmission is official business of the City of Ashland and it is subject to Oregon Public Records Low for disclosure and retention. If you hove received this message in error, please contact me of (-S41)552-2424. Thank you. K From, englund meads [mailte:encrlundmeads@hotmail.com] Sent: Tuesday, September 15, 2015 9:08 AM f To: flynnKnashland.or.us; keetonK@ashland.or.us Subject: Sent to all City Council Members C Ashland City Council Members, E C We are writing this letter to address the noxious odor and health risks of a legal cannabis crop on the other r side of our property line on Willow Street. The grow is mere feet from our 16 year old daughter's window, and c the odor fills her bedroom, waking her at night. The issue beyond the noxious odor is that our daughter is epileptic, and her seizures are triggered by fatigue. At minimum, she has experienced migraine headaches from waking and from the odor. In an effort to reduce the occurrence of seizures, we have had to keep her window and blinds closed, and keep on the air conditioner even during cool days. Thus, this legal grow has affected our daughter's health and quality of life, and our family's economics and environmental compromise f P by running the air conditioner all day and night. F F G Last week, C50 Kip Keeton responded professionally to our need for investigation and resolution regarding the noxious smell and effects on our daughter, who implored us to "do something" about the smell, the interruption of her sleep, and her headaches. CSO Keeton located and identified the grow, and contacted the owners, a real estate attorney and an active Ashland 56roptomist, The owners apologetically contacted us, admitting they "didn't know what they were doing," that the "project was a 'lark," and that they would not be E growing again after this harvest season. 4 s s L ' ti 3 z 42 Though we are grateful to officer Keeton and Code Compliance Specialist Kevin Hynn for helping us resolve this issue, this is is a poor use of our city's public safety resources. If Ashland had imposed earlier and tighter (or any) regulations on grows, residents such as our immediate neighbors would have had guidelines by which to grow. And our daughter would be healthier and happier. For 18 years, our family has worked to keep our kids away from the dangers of marijuana. Now here it is, three steps from our daughter's bed. We ask that the City of Ashland hear the effects of legal grows on our community's children on their sleep, their health, their quality of life. The legalization of marijuana grows has negatively impacted our family, and we're disappointed in our city's supporting it. Sincerely, Jennifer Englund Ashland i i i i I i E F t I'2 V. Y t G E C i r. 43 April Lucas From: Diana Shiplet [shipletd@ashland.or,us] Sent: Wednesday, March 25, 2015 1:52 PM To: 'Carol Voisin'; 'Dave Kanner'; 'Greg Lemhouse 'John Stromberg'; 'Michael Morris'; 'Pam Marsh'; 'Rich Rosenthal; stefani seffinger Cc: 'Bill Molnar'; 'April Lucas'; Khiller@nwlink.com Subject: FW: Let Us Know Submitted Council, I am forwarding this message to you, which was received via our website. -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-552-2100 or 541-488-6002, TTY 800-735-2900 This email transmission /s okra/ busine s of the City ofAsh/and, and is subject to Oregon Public Records laiv for disclusure and retention. k you ha ve received this message in error, please contact me. Thank you_~ From: City of Ashland, Oregon fmarlto:ann@ashland or us] Sent: Wednesday, March 25, 2015 1:28 PM i To. administration a ashland.or,us Subject: Let Us Know Submitted j j FORM FIELD DATA **k email: Iailler(a,nwli nlc. com Name: Karen Hiller Report a Problem: We are owners of 980 Ivy Lane and would life to say, in the strongest terms, that there must be very strict laws on where marijuana is allowed to be grown in Ashland. One cannot use this outdoor areas nor sell their home if marijuana is grown in the vicinity. I believe the 4 plants for personal use must be grown indoors and no outdoor growth should be allowed, Karen Hiller 425-891-6434 * * * USER INFORMATION SubscriberlD: -1 SubscriberUserName: SubscriberEmail: SessionID: 361.574038 RemoteAddress: 66.55.92.75 k i RcmotcHost: 66.55.92.75 RemoteUser: k k s E l 1 r 4 1 I 44 April Lucas From: Diana Shiplet [shipletd@ashland,or.us] Sent: Tuesday, March 24, 2015 9:55 AM To: AdrienneSiPDX@gmail.com Cc: 'Bill Molnar'; 'April Lucas; 'Ann Seltzer; 'Carol Voisin; 'Dave Kanner'; 'Greg Lemhouse'; 'John SEromberg'; 'Michael Morris'; Pam Marsh; 'Rich Rosenthal; stefani seffinger Subject: FW: Let Us Know Submitted Adrienne, Thank you for your comments. I am forwarding them to the city council, as well as our community development department -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-5522100 or 541-488-6002, TTY 800-735-2900 This email transmission is ofl.val business of the City of Ashland, and is subject to Oregon Puhlic Records law for disclosure and retention. If you ira ve recelved this message in error, please contact me. Thank you. From: City of Ashland, Oregon [mailto:ann@ashland or.usj Sent. Tuesday, March 24, 2015 9:34 AM To: administrationnashland.or.us Subject:: Let Us Know Submitted :FORM FfF.J,D DATA*** i email: AdrienneSiPDX a,gmail.com 1 Narne: Adrienne Simmons i, Report a Problem: I know this isn't the right place to provide this input, but I ant to express my support for restrictions on growing marijuana outside. I wouldn't have had an opinion on this if I hadn't lived in i a house that backed up to someone who had medical mariinana. When the plants were near time for harvest, the skunk smell was so unpleasant we couldn't sit outside on the patio (and that's when the weather is good,and you want to be able to sit outside). The terrible smell also makes it very difficult to sell a house if you have someone in close proximity to outdoor marijuana. If it didn't have a terrible smell I wouldn't care. But it does. 'We have ordinances about barking dogs, loud parties, and other nuisances. VV` The smell is also a nuisance. Thanks for asking for public input. F * * USER 1NFORMATI ON SubscriberID: -1 S11bsc7 i berUUserName: SubscriberF_ mail: SessionlD: 184616247 RemoteAddress: 66.241.73.187 RemotelJost: 66.241.73.187 RemoteUser: r > 4 45 4 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM As with any public comment process, participation in Open City Hall is voluntary. The responses in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. All On Forum Responses sorted chronologically As of October 9, 2015. 9:07 AM hup /A"vw.peakdemocracy.com/2995 46 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? As of October 9, 2015, 9:07 AM, this forum had: Attendees: 148 On Forum Responses: 15 All Responses: 27 Hours of Public Comment: 1.4 This topic started on August 24, 2015, 10:30 AM. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM hltp /Avvnv.peakdemocracy,corrt/2995 Page 2 of 19 47 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Responses Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Answered 15 Skipped 0 ooo 1o allowed average doesfour grow growing house household like limit lotiotsmedical r much r one other outdoor oz people per plant plantS reasonable recreational residential S sgft state t than they two use users what Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? Answered 14 Skipped 1 3o all around chemicals dwelling from growing line lot outdoor plants property reasonable requirement restrictions seems Setback setbacks several size small smell so suggest they through What How do you feel about the limitation on allowable growing area? Answered 13 Skipped 2 -all area Ashland average forcing grow growing indoor limiting limits needs neighbors off ordinance outdoor plants residents S small space sufficient unfair what your All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM hllp:/A""Y peakdemocracy.com/2995 Page 3 of 19 48 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Are there other elements of the ordinance you would like to see added, amended or removed? Answered 13 Skipped 2 - 4 1 become complain l do enforcement evil from garden g0 growers rowing hoa j USt keep law like marijuana measure neighbor neighbors ordnance plant plants problem reasonable seeSmell something think use wr weed t why within your All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http://vA"Y.peakdemocracy. com/2995 Page 4 of 19 49 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Gabe Roland inside Ashland September 30, 2015, 6:38 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? That seem reasonable, but recent State laws have addressed this, limiting grows within city limits to 12 plants. Perhaps that's a bit much for the average residential lot, I can understand that SOU is probably weary about their perceived college atmosphere... But then again, it's a relatively safe plant that statistically shows a decrease in alcohol and pharmaceutical dependence among users... If the City of Ashland is absolutely set on additional ordinances above and beyond state statute, I'd suggest a maximum of 10 outdoor. One medical card and 4 recreational is a fair compromise. What if a legitimate patient lives in a house of recreational users? That patient deserves cheap access to medicine and the opportunity to grow his/her 6 plants! Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? A 10-20ft setback requirement seems reasonable at first glance. But after some thought, this requirement effectively prohibits residents from growing their 4 - which is a prominent reason why our community voted for measure 91. I'd hate to see "prohibition through regulation:" What about apartment complexes? Trailer parks? Even small lots? Every residence, regardless of lot size, deserves the opportunity to plant a seed. Surely Portland isn't purposing such strict alterations. How do you feel about the limitation on allowable growing area? This is what bothers me most about the purposed ordinance. Dave Canner and other involved city officials - step off your high horse and stop pretending that you represent the needs of Ashland residents! Our community voted 78% in favor of measure 91 and a sole city administrator has no right to drastically alter our voice! Fifty square feet is not sufficient to meet the needs of the average recreational household - or more importantly medical! Remember that fear mongering article about indoor growers forcing up the price of electricity for all Ashland residents? Your ordinance is effectively forcing Ashland residents to do exactly that. Indoor growing is incredibly energy intensive and your outdoor growing restriction is not congruent with the environmental stewardship of Ashland residents. Are there other elements of the ordinance you would like to see added, amended or removed? Just please be reasonable. All the restriction, oversight and enforcement sounds like a great way for the city to waste resources - another reason why we, the community, voted for measure 91. We've already wasted $100,000 of taxpayer money on a purposed local tax that was clearly against measure 91 guidelines. Why don't we focus on more important issues, until this actually becomes an issue? All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 A61 http://,vww.peakdemocracy.com/2995 Page 5 of 19 50 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Ryan Marks inside Ashland September 14, 2015, 10:19 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? No. State has given everyone 4, that is sufficient for recreational. Medical should be left alone since its MEDICAL. I feel this way because you will be taking away from patients who need it. Many patients rely on growers to grow theirs for a number of reasons; they don't have the means, time, knowledge. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No the setbacks are absurd. I would suggest not looking at what you have for livestock seeing that we are talking about plants, not animals or bees. Also 20' from a property line and 30' from a dwelling is eliminating alot of homes in Ashland. What is the average lot size? 30' wide? Lose the property line set back and revise the spacing from a dwelling. 10' from dwellings... How do you feel about the limitation on allowable growing area? Limiting the grow area is too hard-you have not given sufficient space for each plant. When this is combined with the set back you have become unfair and unreasonable. 50sq' and 100sq' should be looked at again, what was your previous numbers in the first draft? Why were they increased? Limiting the grow area will not diminish any odor the plants put off. Are there other elements of the ordinance you would like to see added, amended or removed? If you, the mayor, decides to sign off on this you should most certainly remove any smell ordinance related to the growing of marijuana. Revise the use of grow lights within a greenhouse. That should be allowed. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM httolAvww.peakdemocracy.com/2995 Page 6 of 19 51 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Andrew Kubik inside Ashland September 12, 2015, 12:39 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? No outdoor growing Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No outdoor growing How do you feel about the limitation on allowable growing area? No outdoor growing Are there other elements of the ordinance you would like to see added, amended or removed? No outdoor growing All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM hllp:IMA,AV.peakdemocracy.com/299.5 Page 7 of 19 52 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Russ Silbiger inside Ashland September 3, 2015, 9:18 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? 4 plants, per voter approved state law. Not sure about medical. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? The proposed setbacks are far to exclusionary, and will unfairly limit planting. How do you feel about the limitation on allowable growing area? Not sure what the point of that is at all Are there other elements of the ordinance you would like to see added, amended or removed? Keep it simple, allow 4 plants. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http 1AA-Av.peakdernocracy.com12995 Page 8 of 19 53 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Doug MacDonell inside Ashland September 3, 2015, 8:35 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Four plants should be enough. I think even a mediocre grower should be able to get a pound per plant. Four plants X 16 Oz per plant = 64 oz of bud, which works out to 64/52 = 1.23 oz. per week. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? I recognize the need for setbacks, and while I have nothing against pot and its cultivation, the smell can be obnoxious. I would suggest patches be planted to maximize setback in the lot, whatever that distance may be. How do you feel about the limitation on allowable growing area? 1\I r> Re ,i)of Are there other elements of the ordinance you would like to see added, amended or removed? This is probably crazy but how about a community pot garden? It could be card locked and video monitored, and the location could be such that the maximum distance to residences is maximized. People could be charged a few bucks a month to cover costs. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/A-A"Y peakdemocracy.ccm/2995 Page 9 of 19 54 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Diana Trygg inside Ashland August 31, 2015, 12:57 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Current plant limitation is fine. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? Seem fair. How do you feel about the limitation on allowable growing area? No opinion. Are there other elements of the ordinance you would like to see added, amended or removed? ki ; i }7p11'?i All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http /hvww.peakdemocracy.coM29g5 Page 10 of 19 55 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Joan Drager inside Ashland August 26, 2015, 2:41 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? The number of plants should be limited to what the state has legally determined. Each property in a residential area should only be allowed to grow per household the legal amount, not a multiple by the number of residents in household. In other words no more than 4 or 6 plants per residence. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No Response How do you feel about the limitation on allowable growing area? Are there other elements of the ordinance you would like to see added, amended or removed? If there is a stink how long? or should a neighbor have to endure it? if their neighbor is growing their plants outdoors. No one should have to live or breathe in a stench. What recourse does a person have? All On Forum Responses sorted chronologically As of October 9, 2015, 9.07 AM http'/hnrv.peakdemocracy.com/2995 Page 11 of 19 56 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Mary Curtis inside Ashland August 26, 2015, 11:57 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Outdoor growing, both for medical or personal use, in a residential zone should definitely have a limit on the number of plants. 4 seems like a reasonable number per household, but I would prefer it to be zero. We used to have a medical grow house in our neighborhood that grew for 13 licenses. Their plants were in a garage with no air filter and the smell in the late summer and fall still blew up the street with the prevailing afternoon winds right into my front door. It was sickening, pervasive, and constant for three months. There's a house down the street that has a huge grow lot in their backyard and I can hardly walk by it during the summer and fall without gagging. My dog doesn't even like walking past their house! I'm not against people using weed recreationally or medically, but it should not infringe on other people's quality of life. No other garden plant puts out the stink that cannabis does. No one's backyard barbeque affects other people's ability to enjoy their outdoor space for the length of time that maturing cannabis does. Even when people smoke a joint, the smell is temporary. I think 4 plants is generous. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? If you have to build a structure (like a dome?) around it to contain the smell, there are setback restrictions that are reasonable. If these setback restrictions accomodate potential structures around the growing area, then they are reasonable. How do you feel about the limitation on allowable growing area? In residential areas, there should be strict limits on growing controlled substances. There are limits on the number of chickens and beehives, and area for those activities in neighborhoods. Same should be true for pot gardens. Are there other elements of the ordinance you would like to see added, amended or removed? I would like to see something about enforcement added to the ordinance. There is an ordinance regarding nuisance barking - neighbors complain to neighbors first, and if the offender doesn't do something to alleviate the problem, there are consequences. The same type of enforcement element should be included in this ordinance. For example, if your neighbor ignores your request to move their plants or modify their garden situation because the smell is repulsive in your yard, you should be able to complain to the City. Multiple complaints should render progressive fines that become a deterrent. There should also be a way to enforce the "4 plant" and "allowable growing area" rules. What's the point of the rule if you don't have a way to enforce it? All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/MAwi.peakdemacracy.coair2g95 Page 12 of 19 57 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Ellen Campbell inside Ashland August 26, 2015, 10:01 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? The limit should be no plants outdoors. The odor of the plants Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? I would suggest no plants outdoors How do you feel about the limitation on allowable growing area? I feel it would be asking the neighbors to tolerate smell and it's unfair. Growing marijuana is a business and should not bother the neighbors Are there other elements of the ordinance you would like to see added, amended or removed? All On Forum Responses sorted chronologically As of October 9, 2015, 9:01 AM http' Iftm.peakdemocracy.com/2995 Page 13 of 19 58 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown inside Ashland August 25, 2015, 9:17 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? I don't want marijuana growing anywhere near my house. But I cannot control that now. It does not seem fair to limit how many plants someone can grow on their land based on how much house and land they can afford. But there should be a reasonable limit to person usage. Unless the Brady Bunch are all blazing up together, someone does not need 12 plants in one household. 1-2 plants per person or 3-4 plants per household seems reasonable, Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? This is again going to favor Ashlanders that have more wealth than not. But the proposal seems appropriate. Should at least reduce the harm of all the chemicals they spray all over their plants. I doubt many people grow organic non-gmo weed. Rather they inhale chemicals that they would never consume if it were coated on their food from the Co-op. How do you feel about the limitation on allowable growing area? It is a larger space than the average raised bed for home gardening. Would prefer something smaller that would allow the cultivation of few plants. Are there other elements of the ordinance you would like to see added, amended or removed? What about HOA rights? I assume that would violate state law but be within federal law. What happens when an HOA challenges the law? Not that home owners could afford that battle. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/Ivnvdcpeakdentacracy.com/2995 Page 14 of 19 59 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown inside Ashland August 25, 2015, 6:02 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Yes, limit the number of plants. In the urban growth boundary, the number of allowed plants should be limited to: 0 plants for lots less than 8,000 sqft 2 plants for lots 8,001 to 10,000 sqft additional plants allowed 1 plant/ 1000 sqft for lots 10,000 sqft to 15,000 sgft. Outdoor cultivation is extremely odorous. It is unlike almost every other plant grown. It is extremely strong, much like a skunk spray. This odor can last for up t eight weeks as the plant matures. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No. increase the setbacks. No plants should be grown within 150 of neighbors home. How do you feel about the limitation on allowable growing area? limit the growth. Are there other elements of the ordinance you would like to see added, amended or removed? provide a means for neighbors of plants to protect themselves from invasive weed growers stinking up the neighborhood and surrounding homes. Do not let ashland become overrun by weed growers. it will be a detriment to the town. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/Nnnv.peakdemocracy.com/2995 Page 15 of 19 60 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Ronald Little inside Ashland August 25, 2015, 10:44 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Four outdoor plants in a residential neighborhood seems reasonable. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? They are sufficient. How do you feel about the limitation on allowable growing area? It's OK Are there other elements of the ordinance you would like to see added, amended or removed? I think your proposal seems reasonable. In reality, once retail cannabis is made available to adults (21+), there will be very little marijuana being grown by individuals. It will be much easier to just go purchase it rather than go to the hassle and expense of "growing your own." I applaud the city council for not over reacting to a problem that, at least for now, is only theoretical. All On Forum Responses sorted chronologically As of October 9, 2015, 9 AM http:Uwnv.peakdemocr2cy.coml2995 Page 16 of 19 61 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown outside Ashland August 25, 2015, 9:43 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? I live within City limits and have read the draft ordinance. I see no information regarding weights... Marijuana is normally talked about in oz or lbs. Google search shows average plant can produce 17 oz. That is more than one lb. Google search shows average use of one joint per day = 1 lb. per year. Heavy users (serious medical needs) show use of 3-5 joints per day = 3.25 lbs. pr year. Therefore 2 plants for a household of two recreational adult users and 3-4 plants for a household of two adult heavy use medical card holders seem like the more appropriate quantities. Any more than that is excessive and unnecessary. What is happening now is that people are growing more than they can use personally and there is an abundance. Because many folks don't want to risk selling it and getting caught, they are giving it away and many teens have access to free pot. Larger lots should not be allowed MORE growing capability, it is still just a single household and only two adult users should be contemplated unless, of course, the City wants to allow commercial sales in residential zones (not desirable). So why should a 10k sf lot owner be allowed to grow more than the what average users can consume? Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? The smell travels for long distances so any setback seems too small. We had a neighbor down the hill from us and several several blocks away and we could smell it through the fall harvest season so 10-20 ft is meaningless separation. This is a tough one if you are allowing outdoor growing at all. How do you feel about the limitation on allowable growing area? Small patch for small crop makes sense. Are there other elements of the ordinance you would like to see added, amended or removed? A plant is a plant, new or mature, I think counting this way makes sense if you have to use plants as your measure. All On Forum Responses sorted chronologically As of October 9, 2015. 9:0/ AM http~/NAnv.peakdemocracy.com/2995 Page 17 of 19 62 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown inside Ashland August 25, 2015, 8:38 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Limit the number of outdoor plants to 4 no matter what size the lot because a strong smell travels and can ruin my ability to enjoy my own yard. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? yes How do you feel about the limitation on allowable growing area? It should match the growing room needed for 4 plants. Are there other elements of the ordinance you would like to see added, amended or removed? Limit the total number of plants to 4 no matter what size the lot is. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/Mnvape2kdemocracycom/2995 Page 18 of 19 63 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Phyllis Brown inside Ashland August 25, 2015, 5:55 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? four. Enough is enough. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? Yes. How do you feel about the limitation on allowable growing area? Good enough. Are there other elements of the ordinance you would like to see added, amended or removed? See no evil, smell no evil, count no evil. That should do it to keep the 8th graders from hopping your fence. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:lly v y.peakdemecracy.conV2995 Page 19 of 19 64 CITY Of ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES August 25, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Debbie Miller Bill Molnar, Community Development Director Troy J. Brown, Jr. Maria Harris, Planning Manager Michael Dawkins April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar reminded the group of the commissioner appreciation event August 30 at Oak Knoll Golf Course. He also announced the city council's public hearing on the Normal Neighborhood Plan is Tuesday, September 1. Commissioner Mindlin announced Toby Hemenway will be speaking on permaculture Wednesday, September 16 at Southern Oregon University. Commissioner Dawkins provided an update on the Downtown Beautification Committee and stated they are working with a consultant designing three new welcome signs. Dawkins stated the drawings will be presented at the October Public Arts Commission meeting for review. PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Recreational Marijuana. Planning Manager Maria Harris explained the objectives of the ordinance are to: 1) balance the allowances for recreational and medical marijuana under the new state laws and mitigate the nuisance and safety impacts, and 2) streamline the code so it is easy to understand and enforceable. Ms. Harris stated the draft presented tonight is a starting point for discussion purposes and explained one of the main questions before the commission is how many plants can you grow outdoors before it creates a nuisance? The draft ordinance proposes a sliding scale with the maximum number of outdoor plants set at 8, and a total allowance of 12 (indoor and outdoor). Ms. Harris displayed several examples depicting the allowable grow areas on different sized lots and asked the commission to consider whether larger lots should be allowed to grow more, whether the proposed setbacks are sufficient, and whether 12 total plants is appropriate. Ms. Harris noted the state has adopted separate provisions for medical marijuana and recreational marijuana, but this ordinance is intended to cover both. Ms. Harris commented on commercial operations, which will be licensed by the Oregon Liquor Control Commission. She explained the OLCC is accepting applications now; however they will not be issued until spring 2016, Regarding the draft Ashland Planning Commission August 25, 2015 Page 1 of 3 65 ordinance, the following three questions were posed for the commission to consider: 1) Should processing and production be at least 200 ft. from residential zones, 2) Should marijuana production buildings be limited in size, and 3) Should the separation requirement for retail sites be included in the local ordinance? Commission Discussion The commissioners shared their comments on the draft ordinance, including: Number of permitted plants: • Four plants is a lot of marijuana, both in terms of usage and smell. The city could keep the numbers low and still allow for this change to occur. • The point of the law is to allow this for personal use and four plants should be ample. If they allow more than that they are recognizing the grow is going beyond the use of the homeowner. • A limit of four plants will keep the odor nuisance down. • The draft ordinance is overly lenient. The city should be stricter at the beginning since it would be difficult to make it more restrictive later on. • To keep it simple, the 4 plant limit should be regardless of size and should include starters and cuttings. Indoor vs. Outdoor Growing: • If they drive this activity indoors, water and electrical use will be an issue. • The city should not allow indoor commercial growing since this could bump the city up to the next power usage tier. • Indoor plants should be allowed but only up to a certain size. • Growers can only harvest once a year. If residents want a continuous supply they will be more likely to grow their plants indoors. Ms. Harris commented that there are a number of lots in the multifamily residential zone that are smaller than the examples shown. She added this may be one reason to allow some level of indoor growing. Setbacks: • Residents should have to comply with the more aggressive setback requirements. • Grow sites should be located closer to the grower's residence than the neighbor's. • The ordinance should say the grow location cannot be closer to the neighbor's house than it is your own. • They should mitigate the effects on neighbors by requiring a minimum setback but recommending they locate the plants as far away from the neighbors as possible. • If using an outdoor structure or greenhouse, the setbacks should be the same as an outdoor grow. Commercial Growing: • Why would the city want this here? • If we are not allowing other agriculture uses in the city, commercial marijuana grows should not be allowed either. • Ms. Harris clarified if the city prohibits any of the uses they won't get to keep the tax money that is collected. She also clarified before the state will issue a commercial license they are requiring paperwork that verifies the city's approval and establishes parameters. • It would be best to start out stricter and loosen up over time if necessary. • 20,000 sq.ft is too large of a building. • The ordinance should indicate 10,000 sq.ft. as the maximum. Other Comments: • The ordinance should be clearer that the grower needs to live there, not just that the house's primary use is residential. • The ordinance language regarding retail sites should incorporate the same restrictions as medical marijuana dispensaries (distance from schools, distance from each other, and elimination from the downtown overlay). • The ordinance should refer to the house bill number. • "Ensure" should be removed from item F on page 16 of the ordinance. Ashland Planning Commission August 25, 2015 Page 2 of 3 66 • Ms. Harris clarified there is the potential for a rate structure change that would charge a higher rate to customers who consume large amounts of power. She added this is still being discussed at the staff level. Staff was directed to bring the ordinance back for a public hearing; no additional study session discussions are necessary. ADJOURNMENT Meeting adjourned at 8:50 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission August 25, 2015 Page 3 of 3 67 Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION STUDY SESSION AUGUST 25, 2015 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street it. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana. VI. ADJOURNMENT CITY OF ASHLAND In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 68 CITY OF ASHLAND Memo DATE: August 25, 2015 TO: Ashland Planning C omrnissiort FROM, Maria Harris, Planning Manager Rr-;; Discu-,sign of" Draf(Oidinarnue for RecrQabonal and Mcciical Marijuana SUMMARY The Planning, C`.omriri,; iLon revievW acid discussed draft ordirtancc language addressing graving marijuana in residential neighborhoods at the Jane 23, 2015 Planning C'oninnission rnecting ii 1tp: nr.w 'SIB!fii1cs`20l PC' P,~11 1--, The rlttacltcd draft is updatcd and ir►chr~I~s aclditiOnal dcvel0prncnt standards for cortrrncrci=,l operations that are permitted under- the 01-::gm] Conti ol, Rrgula(ion, and Taxation of Marijuana and Industrial Hernp Act (Measure 9 t)- Sig: is-srre5 are indendfied for discussion of "homegrown" maii,juana cultivation (i.e., in conjunction with a dwcliitig unit) irrclt►ding: t) cotintirig ►nature acrd iinrnature plants, 2) limiting the total rut►tiber of plants for a property, 3) altowing more marijuana plants to be grown outside on larger lots, 4) basing. the number of hornegrowrn marijuana plants oa lots or households and addicsses, 5) outdoor plants sizes and grow times, and 0) setback and area redttiremonts. Three issues are indentified for discussion of comrnc;r•eial marijuana businesses including: t ) requiring processing (manufacturing) and production (c;rrnnncrcial groxving) ws€:s to be setback from residential zones, 2) limiting marijuana prOduction Size, and 3) adding separation requiromctat to the local code. Questions for the Planning Commission and staff's comments are inserted in the draft ordinance and highlighted in red text. B.AC'KGR0UND 1, Summary of Amendments Medical marijuana dispensaries were added to the land use ordinance as a special and conditional use in the commercial (C-1) and E'inployrnem (E-1) zones in.fuly 2014, Currently, section 18.2.3.190 irrclrrcley the special use standards for dispensaries, The attached draft ordinance amendments update and reformat the dispcusary standards to include provisions fOr l oinegrown marijuana and cornntercial operations, 'fire amendments are concentrated on pages 4-19 in the draft ordinance language,, A summary of the arnentdrricnits is below. `liable 1 8.12.030 - Uses Allowed by Zone o J- omegr-own marijuana cultivation is added under agricultural uses as a special use its all zonetis. In order to be considered homegrown marijuana, ttre crrltirratic:rn has to occur ors a lot 69 Page 2 of 3 occupied solely by one or more dwelling units (see definition of homegrown marijuana on page 20 of attached draft). o Medical marijuana dispensary is changed to medical marijuana retail sales and now includes both medical marijuana and adult recreational marijuana retail sales outlets. o Marijuana processing and production is added to general manufacturing use as a special use in the employment (E-1) and industrial (M-1) zones. o Marijuana wholesale added to existing wholesale storage and distribution use as a special use in the E-1 and M-I zones. • 18.2.3.190.A Homegrown Marijuana. The draft language is similar to the previous version discussed at the June Planning Commission meeting. The changes areas follows. o The total number of plants per lot is increased from four to 12. o A sliding scale is added that allows larger lots to grow more plants outside. o Greenhouses are added as an option to limit view and access to outdoor plants. o The area limitation for four outdoor plants is reduced to 50 feet, more than four plants are limited to 100 square feet, and additional setbacks were added to outdoor grow sites with more than four plants. o A requirement is added to shield lighting systems and windows to prevent glare from grow light systems. • 18.2.3.190.B Marijuana Businesses. The previous language for medical marijuana dispensaries was reformatted to cover the range of marijuana businesses allowed under state law. 0 18.2.3.190.B.I Subsections a, b, c, and g currently are applicable to medical marijuana dispensaries. Staff recommends these standards be applied to all marijuana businesses. These include locating in a building, not allowing outdoor- cultivation or storage, reiterating the requirement for Site Design Review for building modifications, not allowing security bars or grates, securing disposal of marijuana remnants, and having any required license from the state. ■ Subsections d and e are added to address shielding lights for commercial operations, specifically continuous use of grow lights, and meeting applicable building code requirements. ■ Subsection f is added to address potential changes in future federal enforcement of federal law pertaining to marijuana. o Marijuana processing and production (I 8.2.3.190.B.2) are required to be located 200 feet or more from residential zones and marijuana production facilities are limited to 20,000 of gross leasable floor space per lot. o Marijuana retail sales (18.2.3.190.13.3) applies the current dispensary regulations to all retail sales including medical and adult recreational marijuana. 2. History In November 2014, voters passed the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act (Measure 91) into law. The law provides for personal growing, possession, and use of limited amounts of non-medical marijuana, and directs the Oregon Liquor Control Commission (OLCC) to administer a licensing system for the processing, production, wholesale, and retail sale of adult recreational marijuana. DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 w mashland.orms 70 Page 3 of 3 The homegrown personal possession provisions of Measure 91 began on July 1, 2015, and persons 21 years or age or older may grow up to four marijuana plants per household. In addition, the households may process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. The commercial components of Measure 91 begin when the Oregon Liquor Control Commission (OLCC) begins accepting license applications for processing, production, wholesale, and retail marijuana operations. OLCC is working on a licensing regimen for the four types of permitted operations, but that structure is not expected to be in place until the latter half of 2016. Medical marijuana grow sites are administered by the Oregon Health Authority (OHA) and are currently in operation. In 2015, the state Legislature made reforms to the medical and recreational marijuana regulations and adopted four bills. SB 460 allows the sales of recreational marijuana by medical marijuana dispensaries on October 1, 2015. The bill also allows a city or county to prohibit the sale of recreational marijuana at medical marijuana dispensaries by adopting an ordinance to that effect. The City Council discussed the option of preparing an ordinance to prohibit the early sale of recreational marijuana at the July 21, 2015 meeting and decided not to move forward with a prohibition. ATTACHMENTS 1. Draft Amendments to Land Use Ordinance I DEPT. OF COMMUNITY DEVELOPMENT Tel: 541488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 71 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND RELATED ACTIVITIES, AND COMMERCIAL MARIJUANA PRODUCTION, PROCESSING, WHOLESALE, AND RETAIL. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thi-oug and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. in addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Assn of Firefighters, Local 1660, Beaverton Shoop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, wider Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or, county under it charter and the statues and Constitution of the state;" and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and Ordinance No. Page 1 of 23 72 WHEREAS, the City Council deternlincd there has been an increase in tnarijuana cultiVaticfrt, spccifically in residentivI neighbor-hootls, [IMIuSc Of all increase itt medical marijuana grows allowed her state law; and WHEREAS, the City= Council finds that the increase in marijuana cultivation ivsulted in an increase in code cjmpliarnct~ eornplaints regarding odor related to outdoor marijuana cultivation as *vc)l as adverse impacts related to noise from mechanical equipment and continuous lighting related to indoor rnarijuaMt cultiv.ttion in accessary structures such as greenhouses, find WHEIZEAS, the'. City Council dete.rinined it is necessary to establish miles and regulations fior marijuana Cultivation a[lcl CciinrnerGi jl ntari_jtran:t €acililies, while preserving the ponce, safety and general we:lt'are ofresidcntial neiglihorhoods and neighboring properties; and WHEREAS, thc f'lftnning Commission of the City of Ashland conducted a duly advertised Public hearing Oil the anacndtnents to the Ashland Municipal Gode and I,and Usv Ordinances on and WHEREAS, lhe. C itv Council ofthe City of Ashland, following the close ol'elie public hearing and record, deliherated and conducted first and second readings approving adop6rin, of the Ordinance in accordance with Article I ti of the Ashlfrnd City Charter; and WHEREAS, the City Council of the City of Ashland has detcrtnined that in order to protect and benefit the health, safety and wcifEam of existing and future residents of the City, it is necessary to amend the Ashland Municipal Gods and I,nnd Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the arriendaicnts arc consistent with the comprehensive flan and that st!ch arnendnients are fully Supported by the record orthis proceeding. 7f fl PEOPLE O THJ', C.['LY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. C'haliter 19.2.2 [Base 7nnes and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follmvs: 16.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allovred uses include those that are permitted, permitted subject to special use standards, anc allowed subject to approval of a conditional use permit Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed. or is not allowed, following the procedures of section 18,1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an alloyed use are prohibited. For uses allowed in special districts CM, HC', WA, and SCU, and for regulations applying to the City's overlays zones, refer to part 18.3_ i B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as :Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" t are allowed, provided they conform to chapter 1€3.2.3 Special Use Standards. All uses are Ordinance No, Page 2 of?3 73 subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. 1. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Ordinance No. Page 3 of 23 74 Table 18.2.2.030 - Uses Allowed by Zone - R-1 3 5 R-2 R-3 RR WR G 9 p E-1 M-1 Special Use Standards A. Agricultural Uses' Agriculture and Farm Use, except Keeping Animal sales, feed yards, keeping of of Bees, Livestock and Micro-Livestock, P P P P P P N N N swine, commercial compost, or similar and Marijuana Cultivation and Production uses not allowed Keeping of Bees S S S S S S S N N See-Keeping ofLivestesk-nd-Bees standards-in .Sec. 18.2.3.160 Keeping of Livestock S N N N S S N N N Keeping of Micro-Livestock S S S S S S N N N Sec. 18.2.3.190 Marijuana Cultivation, Homegrown S S S S S S S S S gee also General Industrial Marijuana Production B. Residential Uses See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C-1 zone and E-1 Single-Family Dwelling P P P P P P S S N zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 _ Accessory Residential Unit S S S S S N N N N Sec. 18.2.3.040 Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling Manufactured Home on Individual Lot S S S S N N N N N Sec. 18.2.3.170 and not allowed in _ Historic District Overlay _ Manufactured Housing Development N S CS+ N N N N N N Sec. 18.2.3.180 Sec. 18.2.3.130 for C-1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic District Overlay, see Sec. 18,2.3.120 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 4 of 23 75 Table 18.2.2.030 - Uses Allowed by Zone R-1 3.5 R-2 R-3 RR WR C-1 D E-1 M-1 Special Use Standards and 18,2.5.070 B. Residential Uses continued Rental Dwelling Unit Conversion to For- N N S S N N N N N Sec. 18.2.3.200 Purchase Housing__ Home Occupation S S S S S S S S N Sec. 18.2.3.150 C. Group Living Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N See chapter 18.3.3 Health Care Services Residential Care Home P P P P P P N N N Subject to State licensing requirements Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements Room and Boarding Facility N P P P N N N N N D. Public and Institutional Uses Airport See chapter 18.3.7 Airport Overlay Cemetery, Mausoleum, Columbarium N N N N CU N N N N Family Child Care Home exempt from planning application procedure pursuant Child Care Facility CU CU CU CU CU CU P P P to ORS 329A.440, see part 18.6 for definition _ Subject to State licensing requirements Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU Community Service, includes Governmental Offices and Emergency Services (e.g., CU CU N N CU CU P P P Police, Fire ; excluding Outdoor Storage Electrical Substation N N N N N N CU CU P Hospitals CU CU CU Cu CU N N N N See chapter 18.3.3 Health Care Services KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 5 of 23 76 Table 18.2.2.030 - Uses Allowed by Zone R-1 3.6 R-2 R-3 RR WR &D E-1 M-1 Special Use Standards D. Public and Institutional Uses continued)' _ Governmental Offices and Emergency Services (e.g., Police, Fire), excluding CU CU N N CU CU P P P Outdoor Storage Mortuary, Crematorium N N N N CU N P P P Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature P P P P P P N N N preserves, athletic fields, courts, swim pools, similar uses Public Parking Facility N N N N N N P N N Public Works/Utilities Storage Yard; includes N N N N N N N P P vehicle and equipment, maintenance, repair Recycling Depot N N N N N N N P P Not allowed within 200 ft of a residential zone Religious Institution, Houses of Worship CU CU CU CU CU CU CU Cu CU School, Private (Kindergarten and up) CU CU CU CU CU CU N N N School, Public (Kindergarten and up) P P P P P CU N N N School, Private CollegerTrade/Fechnical N N N N N N N CU P School Utility and Service Building, Yard and Structure, Public and Quasi-Public, CU CU N N CU CU P P P Yards not allowed in the C-1 zone excluding underground utilities and electrical substations Wireless Communication Facility CU CU CU CU CU CU Poor P!-or P!-or CU CU CU Sec.18.4.10 E. Commercial Uses Amusement/Entertainment, includes theater, concert hall, bowling alley, miniature golf, N N N N N N P CU P arcade; excluding drive-up uses Automotive and Truck Repair, or Service; Sec. 18.2.3-050 includes fueling station, car wash, tire sales N N N N N N CUr CUr P and repair/replacement, painting, and other In C-1 zone, fuel sales and service - ' KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 6 of 23 77 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-11- R2 R-3 RR i WR C-1 D E-1 M-1 Special Use Standards repair for automobiles, motorcycles, aircraft, limited to Freeway Overlay, see chapter boats, RVs, trucks, etc. 18.3.8 In E-1 zone, fuel sales requires CU per it E. Commercial Uses (continued)4 _ Automotive Sales and Rental, except within Except not allowed within Historic the Historic Interest Area; includes N N N N N N CU CU P District Overlay _ motorcycles, boats, RVs, and trucks Bakery, except as classified as Food N N N N N N P P P Processing _ Commercial Laundry, Cleaning, and Dyeing N N N N N N S S P Sec. 18.2.3.080 Establishment Commercial Recreation, includes country club, golf course, swimming club, and tennis CU CU N N CU CU N N N club, excluding intensive uses such as driving range, race track, or amusement ark In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District Commercial Retail Sales and Services, N N CU+ N N N P S S in E-1 zone, Retail limited to 20,000 sq except Outdoor Sales and Services S ft of gross leasable floor space per lot. In M-1 zone, uses limited to serving persons working in zone See Marijuana Retail Sales Per Sec. 18.2.3.100, Drive-Up uses are Drive-Up Use N N N N N N S N limited to area east of Ashland St at intersection of Ashland SUSiskiyou Blvd 'In C-1 zone, requires annual Type I review for at least the first three years, Hostel N N Cu CU N N Cu* N N after which time the Planning Commission may approve a permanent facility through the Type II procedure KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 7 of 23 78 Table 18.2.2.030 - Uses Allowed by Zone R-1 1 R.5 R-2 R-3 RR WR C_1 p E-1 M-1 Special Use Standards E. Commercial Uses (confinued)5 Hotel (See also Hostel and Traveler's N N N N N N Cu Cu P Accommodation Kennel (See also Veterinary Clinic) N N N N N N S S Cu ee animals kept outside within 200 feet of a residential zone Limited Retail Uses in Railroad Historic Sec. 18.2.2.210 for Retail Uses Allowed District N Cu CU Cu N N N N N in Railroad Historic District _ Lumber Yard and Similar Sales of Building or Contracting Supplies, or Heavy N N N N N N N CU P Equipment Medical Marijuana Dispeneary~Retail Sales includes sale of medical and N N N N N N Cu Cor S Sec. 18.2.3.190 recreational marijuana Nightclub, Bar N N N N N N S Cu P Not allowed within the Historic District Oveda unless located in C-1-D Office (See also Commercial Services) N N Cu CU N N P P P Outdoor Storage of Commodities or N N N N N N Cu Cu P E ui ment associated with an allowed use Plant Nursery, Wholesale, except N N CU Cu N N N N N Marijuana Cultivation and Production Self-service Storage, Commercial (Mini- N N N N N N N CU P Warehouse) Travelers Accommodation (See also N N CU+ CU+ N N N N N Sec. 18.2.3.220 Hostels and Hotels S S Veterinary Clinic N N N N N N P P P F. Industrial and Employment Uses Cabinet, Carpentry, and Machine Shop, and S1 or In the E-1 zone, uses within 200 feet related Sales, Services, and Repairs N N N N N N N CU P of a residential zone require CU permit Commercial Excavation and Removal of Sand, Gravel, Stone, Loam, Dirty or Other N N N N C&+ N N N N Sec. 18.2.3.070 Earth Products s KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 8 of 23 79 Table 18.2.2.030 - Uses Allowed by Zone R-1 R.6 R-2 R-3 RR WR p E-1 M-1 Special Use Standards F. Industrial and Employment Uses continued e Concrete or Asphalt Batch Plant N N N N N N N N Cu Dwelling for a caretaker or watchman N N N N N N N CU Cu - In the C-1 zone, manufacture or assembly of items sold is a permitted Food Products use, provided such manufacturing or Manufacture/Processing/Preserving, N N N N N N S S P assembly occupies 600 square feet including canning, bottling, freezing, drying, or less, and is contiguous to the and similar processing and preserving. permitted retail outlet In the E-1 zone, See Sec. 18.2.3.140 - - Sec. 18.2.3.190 Manufacture, General includes Marijuana N N N N N N N P or P or Processing and Production S S See also Marijuana Cultivation, Homegrown Requires assembly, fabricating, or packaging of products from previously prepared materials such as cloth, plastic, paper, cotton, or wood Manufacture, Light; excluding saw, planning N N N N N N S P P or lumber mills, or molding plants. In the zone, manufacture assembly ly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the ermitted retail outlet Outdoor Storage of Commodities or N N N N N N CU CU P E ui ment associated with an allowed use Television and Radio Broadcasting Studio N N N N N N N P P - - - - - De - -live--riesand and ~istubution-uses Wholesale Storage and Distribution, IJ N N N N N N NS R9 shipments limited to 7AM-9PM includes Marijuana Wholesale within 200 feet of an residential zone limited-to-9PM-7AM e KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 9 of 23 80 Table 18.2.2.030 --Uses Allowed by Zone R-1 3.5 R-2 R-3 RR WR C-1-D E-1 M-1 Special Use Standards Sec. 18.2.3.190 F. Industrial and Employment Uses cantinue~_ _ Wrecking, Demolition, and Junk Yards N N N N N N N N CU G. Other Uses' Temporary Tree Sales N N N N N N P N N Allowed from November 1 to January 1 LTemporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H 7 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 10 of 23 81 4 SECTION 2. Chapter 18.2.3 [Special Use Standards] of the Ashland Land Use Ordinance is here by an-,ended to read as follows: r 18.2.3.190 MedlGal Marijuana Dispensary Marijuana-Related lases. tl Homearown Marijuana Cultivation- Where homegrown mariiuana cultivation is allowed it shall meet all of the following requirements. See definition of homegrown mariiuana cultivation in part 18-6. 1. Total Number of Plants. State law fair rr?';reational rarijuana aliaws up tea four marijuana plants per hOusehalci and for rrredical 1119 ijuana alla:^ _ up c, 12 ruatwe plants per address in residential zones and up to 48 plants per rddress n al` ,:her zor rs. Recreational marijuana is pen-Pitted at houschol i , wit persons 21 years of age and elder _ Ord medical marijuntle is permitted for medical nrrarijt aria cardholders. State law does not distinguish betv.,een outdoor and indoor MltiVatiDrl. Question: Should mature and immature marijuana plants be included in the limits for homegrown marijuana in residential situations? The di: ft is wrilten so that the maxima- rr.,!nber of pants includes both imnnature nd rrzifr.rre plants, State I.A,v at tunes but not consistently dish quisiies between immature and mature pfr-rts. F?eer ins. ~1 marijuana is rimillad to fe r plants per hmisPhold while medical mar€ju.9'7a limits spec ically+ reference mature plants, a Up to 12 marijuana plants maV be grown per lot through a combination of indoor and outdoor cultivation. Question: Should the total number of plants that can be grown on a property be limited? Staffrecommerr+ c:~,nsidering a lirnit to the total nurnber of plants that carri be grovin on a lot. This total would ir',~autlr: b~s;tt indoor and outdoor cultivation. The draft includes 12 as the total for consistency "M11-11 the recent state Iegislat on that limits the number of rnedical marjuana plants ;c 12 mature plants per address in residential zones- I; of marl wina cultivation on a residential The total nurliber is intended to limit the s alp 11 1n' properly and wilhin a residential structure. Li pit ng th,. s. -:II- ar., nth. r,sity ' iairtains the residential LISP- of a dwelling unit and the associated yarn .y ea as the primary use of residential properties and could help limit the use of electricity and waterespecialty for indoor cultivation. A, s ° iscussed 1.r `)ruvious meeting, the cullivation of rnarijraara in the city lirTr's a pears `n have inr-epFed over the post fewyears because of an ,increase in med:cgl rarijuana aro%'q a :'ti,te1 t un :-'r State IM. ~s a resul-,, the City began receiving nrrisar r .y,rc complaints relFt d to t're r~dor pf-~_luced by marijrsana plants grown outdoors. In addition, corrif:_rints have involved irtrrac(s from light, glare, and noise from mechn rical equiprnen`, (e.g., lights systems, fags) rela'ed to A= cu livation and odor from proses,i:-,l (e.g., drying) plants in garages and accessory structures. Ordinance No. Page I l oi'23 82 Thotlpt, not nun,r•rouv, the more= extreme cases have involved using garages and oT portions o` the home for inrdoorcul6vaticn. Larger scale indoor cultivation in residential situat,unsion consurrle l?c i ity n:-wring cornmercial levels and potentially can be a safety issue. b. Outdoor Cultivation. 0 i. Up to four marijuana plants maybe grown outdoors on lots that are 5,00 square feet or less is size. See definition of marijuana plant in part 18.6. ii Lots greater than 6,000 square feet in size are allowed one additional marijuana plant for each 2,500 sc#uare feet of tot are in excess of 6,000 square feet and up to a maximum of eight marijuana plants, e McSti0n; Should larger lots be allowed to grow more marijuana plants outside? draft iS vfritten to allow up to four rtr n _ plants cultivates: ou, c:,-s for lots 5,000 square feet or less In size and in conjunction with a dwelling units, l r I nts larder than 5,00E t square feet in size, nne plant can be added for each additional 2,500 sgtiara feet in lot size up to inaximurri of e it plants cultivated outdoors, The slidirig scale WOUI'd allow 1015 10,000 square feet zjrI icc, - to have eight plants grown outdoors. The methodology is bayed on 18.2.3164 the k- ~,7ireg of livestock and bees ordinance, The sl ding scale for larger tots was discussed at the ,e meeting. Goestion; Should the number of plants allowed as "homegrown" marijuana cultivation (.e., in conjunction with a dwelling unit) be fused on lots or householdsfaddresses? The draft language is more restrictive than state la+11 b=cause it ties the maximum number of ju Ia plants to lots and lot size while state law e'di;;,Ys p=ants based on a household or r--ldress. If the trot lar,guage is used, iots with mu tll e~ ings on the same property would be li ; Ire=d to four plan-,s oLitdocrs and 12 total, and would r ~t he allowed to increase the number of plant: based am dvyelling units. See below for ez:drnple s. Number of -Stat,, Law= Total Number of Plants Draft Ordinance- , "C" Size _ Allowed Number o{ Plants kr ~.F~+~t,ranal Medical Allowed 4 per C 12 per address household 1 Uril . 4 12 4 uUL ? t_:al 2 vijts S 24 8 o !sideil2 total 1 a,C~r)1 , ft.+ Units nulsida'12 to,lA' 10, l - If the allowed cumber of plants is based on number n= hcuseholds+`addresses, the n rnber of allowed marljualna plants generally on a property generally increases. In reality, the setback, and area requirements will rkrely be rnofi~ ;li ilt o tneet, especially on smaller Ordinance No, f'a~c 12 of'23 83 rf~es a i+1.1! prbparties gait r>~i! iple d~ell r,r5 on the lot. Thecode comphance iiplaints> ~,i <c~~J by the City'; ..r Ilan,( I l~ iugle-fFt)T,' dwelling situations '-Inp dwellinc u~iitor<one lot. old is defined in Measure 91 ci, " mo. i a housing unit. and indildes any place in na kle hOUSi-In Alit 11 1al ,-`i lhl-! ti;>'--'~ 1~;5'of the housing unit are prCdvp lg. u. kee _iana or honieniade marijuana products." I Ir.u unit is +l~-'ir ad in M. egsi i'! `means a house: an apartment, a k, ;iOme, )[Ip ,,I a single mam tl i. i,: occupiad is a separate I virg quarters, 1-1 which t t.' 'iS IivL and e~;t s ,:p ,riy :team any other persons in INa building and whici h{vt, rfiw+ ? fron-, l~k~ talk: id{ , of the buiAriic oi` through c cort mon hall.' 2. Primary Residence. Marijuana plants grown outdoors or in an accessary structure must be located on the site of the primary residence of the person or household that cultivates and owns the plants. 3. Related Activities. Any drying keeping, storage, or processing of homegrown mariliuana shall be within the dwelling unit or accessory structure and shall not be located outdoors. 4. Homemade Marijuana Extracts. No person may produce, process, keep, or store homemade mariiuana extracts pursuant to section 57 of the Oregon Control, Regulation and Taxation of Marijuana and Industrial Hemp Act. 5. All medical mari'uana row sites must be registered with and have all a liicable licenses from the State of Oregon, and meet the requirements of the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346). 5. Outdoor Cultivation. a. Locate mariiuana plants so the plants are not visible from a public street or anV area that the general public can access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. b, Screen marijuana Iants to limit view and access from adjacent residential properties with a solid wood fence, masonry wall, or greenhouse. For fence and wall design requirements, see section 98.4.4.060 and for greenhouse requirements, see section 18.2.5.040, Question: Should greenhouses be allowed to limit view and access to outdoor marijuana plants instead of a fence or wall? Greenhouses were added to the list of options for screeniing options for cutdoor marijuana t ants. This issue was raised at the June meeting. In addition, Ihjs draft requires screening Io llr t ;r nrd access-` Bolh issues were discussed at the June meeting, but the preVious %,2:3ion said °to limit Ordinance No. Page 13 cif 23 84 Outdoor Plant Sizes and Grow Time The iss.les o-' potentially lirTtitinq Me allowed height of marijuana plants rl'at are grown outdoors time period the plants are allovved to be grovm outside were disrossed at the June :.nr the rneeting. TI-e information about grow[ng marij rasa ou`doors appears tc, va~y The general consensus seerns to he that W7? plants are highly arl, nt, l:l a41 the plant S;7e can be controlled by the grower. The height was described ~i w-5 feet for plants in poor soil artJ an average of 7-8 feet for plants crown in reasonable so! The growing seasOn Wtdoors is in lhr three to slx-llmorth range. c. Dimensional Standards. Marijuana plants grown outdoors shall meet the dimensional standards in `fable 18,2.3.190.c. Tahlc 1fi ~.3.1917.3_r. ~utdnnr Cultivation Dimpnsinnal standards for Hemp raven Marijuana -Number of Mariluana Maximum Yard Area Setback from Any Setback from Plants Allowed Property Line Dwellings on Adjioining Properties 4 or fewer plants 5tl square feet 10 feet 20 feet 5 to 8 plants3 100 square feet 20 feet 30 feet -'-The area that may be used for outdoor cultivation of marijuana plants is limited to the maximum V2rd area Related activities including drying keeping storage, or processing of homegrown mariiuana shall not be located outdoors. 2_Mariluana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily development. eh re more than four man uana plants are allowed plants, may, be located separately in groups 0 four or less See subsection 18.2.3.190.A.1.b for number of plants allowed to be grown outdoors. Question: Should the homegrown madjuana plants be required to be setback from neighboring properties and limited to an area size? Since the previous draft, a setback vas aided for grow areas of five plants or more including 20 feel to properly lines a„.A 30 from dwe lings on adjacent residerices. The allowed grDw area was reduced to 50 sgruafe f e-2, fcr for! plants on 1-t.s less than 5,000 square fct'.t in size and a grow area of 100 sq;lare feet is includeL! for five or more plants. Tri setbacks ~ -e t : -d on 18.2.3.160 Keeping of vestock and gee-: ~ ie informaticn about growinq nrarijuar 1 r~~;tr!:~-ors appears to vary greatly, The general consenst , - ns .:)tie that the plum- n A ~I l F'vdeen nip `d 16 square fee' per plan;. The purpose of a setback and yard area limitr,t on for outdoor marijuana cultivation is to limit the locatio-'~, sire, and scale of the grow area and tt.:~ efo~ F,, reduce adverse impacts to n6ghhoring priope-'ies. However, based on staffs experience past code compliance cases the suggested set' a.h. nn.-:y mitigate but vAil not prevent odDr frog- reaching neighboring propcities, d. Multi-family Develo ment, Mar uarta cants may be grown on lots containin multi-family dwellings in conforrnance Nrith the requirements of section 18,2.3.190 and provided all of thefollowin requirements are met. Ordinance No. Page 14 of 23 85 i The property owner provides written notification to all residents of the multi-family complex and to the City that verifies the cultivation of mariiuana plants will comply with the requirements of park 18.2 Zoning Regulations The written notification shall include the following information. 1. Property owner, property manager, or home owner association representative contact information including) the name, address, and phone number(sl. 2 Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3 The City requirements for the cultivation of mariiuana including the maximum number of plants per lot and the requirements of section 18.2.3,196, r 7. Indoor Cultivation. a Building Code Any structure, accessory structure, electrical services or mechanical egui rrtentje A , iighting fans heating and cooling systems) associated with mariiuana cultivation shall satisfy the Building Code requirements and obtain all required building~ermlts prior to installation. See section 18.2.5.440 Accessory Buildings and Structures. b Light and Glare Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. c. No dwelling unit shall be used rirnaril as a lace to cultivate marijuana, The i+ ! f this- pry visinn is v-, 1, F--'1 . c :fe 7 indoor ctiIti% tii-ri in a residerntial sidling 11 e Ianguzy~, f iy not tae necessary if a lotril rit nbw of marijujiper lol is inc uded- B. Marijuana Businesses. 1 Marijuana businesses may require Site Design Review under chapter 18.5.2 or a Conditional Use Permit under Chapter 18.5.4 See Table 18.2.2.030 - Uses Allowed by Zane for zones where marijuana businesses are allowed. Marijuana businesses shall meet all of the following _requirements. See definition of rnariluana businesses in part 18.6. a The marijuana business must be located in a permanent building and may not i locate in a trailer, cargo container, or motor vehicle. Outdoor cultivation and storage of merchandise raw materials, or other material associated with the marijuana business is rohibited. b Any modifications to the subject site or exterior of a buildinq housing the mariiuana business must be consistent with the Site Design Use Standards, Ordinariue No, Page 15 01, 2 86 i and obtain Site Review approval if required by section 18 2.1720. Security bars or grates on windows and doers are prohibited. c. The mariiuana business must provide for secure disposal of mariiuana remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers. d bight and Glare Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine Ilght and glare to the interior of the structure. Grow Ilght systems within a greenhouse are prohibited, e Building Code Any structure accessory structure electrical service, or mechanical equipment (e.g., lighting, ans, heating and cooling systems) associated with marijuana businesses shall satisfy the Building Code requirements and obtain all required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. f The property owner shall record a declaration which acknowledges that it or the tenant is responsible to ensure that business oterations are jn compliance with state and federal law where applicable and that they waive any claim or right to hold the City liable for damages they, may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the owner's proposed use or development once such approval is granted. Furthermore the owner or tenant agrees not to unreasonably disobey the City's order to halt or suspend business of state or federal authorities order or otherwise subject the City to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under this section. g All mariiuana businesses must be registered with and have all applicable licenses from the State of Oregon and meet the requirements of the Oregon Control, Regulation, and Taxation of Mariluana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475,300 - ORS 475.3461 2 Mariluana Processing and Production in addition to the standards described above in section 18 2 3 130 B 7 marijuana processing and production shall meet the following requirements See definition of marijuana processing and production in_part 18.6. a Mariluana processing and production shall be located 200 feet or more from residential zones. Question. Should the marijuana processing (manUfactUring) and production (commercial growing) be regrjired to be located at least 200 feet from residential zones? Current, , iT7r ra; °narijuana dispensaries must he , C.:I'-J at Fast 200 feet from residential zones. The draft is',vritten so that the commerCial Proc.,C`zsirIa a idl F ,C, Juct;en open-(inners v ould also, have to meet this requirement, The exit *.i l7 r dp r ri'i' d_~i. try A track r-pair, auto holy rep lr or painting, and kennels with animals hcus06 0Ltl.:iC J to Ce Ut t~ ~JCt feel fr~.im resident .,I Ordinance No. Pagc 16 ot'23 87 Cabe carpentry and machines sl`~ops can be located within 290 feel of a residential zone but are a cn i r`on,al use. Wholesale distribution is allowed a special peg i -1 use 4,vlthin 200 feet of residn.n'ial as Iong as the hours of deliveries and sh t occur beh),,aen 9:00 a.rn. and 7.00 psn Because the lr,_Fai rwmj'u n a lik-ustry is nelrj, there is limited information aval abal - commercial -i i,r.HjI ;ii j and production creatas 01lent or additional itr~e.g:, noise, racfcr, tir .`r 1 r' Gi : 'J' -C) coo pared to other ~u n_ manufacturing a { ypically, uses are required r rye sett r from residential zones if there are ,))vious irnpai ti :rri odor from auto body painting or dogs barking outside a' a kerne' roductign shall be limited to 26 000 square feet of gross leasable b. Marfjuan" e...e.....,.e._µ j...,...._.,.- floor space per lot. Cluesti_on: Should marijuana production (commercial growing) operations be limited in size? States such as Colorado have had commercin'l gran operatiVons in warehouse structures. Reported problems in:lude high square footage r~eS with relaf velyfewemployees, continuous lighting, and inflated light industrial or warehouser nts. While none of the information is definitive, it rnay be prodent to initially limit the indoor grow operations so that ernploynient lands are preserved for a variety of uses and employment intensities.. According to the C ty's 2007 Economic Opportunity Analysis (EOA), approxin°ately 15% of Ashland's emplo;r~nt is in the industrial or manufacturing sector. The average employment density for the City s commercial, h-;alth care, employment, industrial zones is 97,2 employees per acre with more sl: "rc: an a^ r.-, ,,e of 9,2 employees per a~-.re in the E- 1 zone and 12.1 in the M-1 zone, Based on W--, average of '7.2 employees per acre, the employment lard supply is projected to Le sufficient through 2027, but begin to experience some deficits in the 2428-2057 tirne period. The existing code limits retail e5 t; ishrnents in the E-1 zone to 20,040 square feet in size. The intent of this c~ le provision is to ret.arn a sufficier? arnour~t of E-1 land for light industrial uses. The ?i r'it<l ~r, c,.-~rnnicrclal groves operations %VOU'1' b(^`m la% The square foot (imitation per lot vvou. I 1 I 3t _ pears to be a lard intense .c u~,--- with low employee numbers. At the same fime, Fz-,u ire fi-.!age Iimitatinn v,ould preserve employment lands for dJerent uses and potentially uses .,,tit's higher erployee per acre ratites Examples of bran i r; I~) this size range are the Moderri are bu'dings at 705 end 709 Washington Street which are cr-:ch approximately 18,000 square feet in size. 3, Mari"uana Retail Safes. In addition to the standards described above in section 18.2.3.990.13.1 marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. A:-- Rsule trijua dis{nensar~es are {~e~rie~l ~`snbjeGt to all of +ng design Stan s. 1 'Thn rlSc..n.kSnr.. meat h-Gated on a propeky With - 1,-.,-,4 Drdinance No. Page 17 of 23 88 rl' t to a boulevard, evre t that die nensaries arcs not Permitted ire -the on-mintomm Design St~adard.s zone- 7 TTho_dispensary t h 1 "t d in a permanent building and may not a 9# aoC-atc-in-u +railer~ 6arg6 oAHta++~@r; e- Outdoor storag rchandise, raw materials, or other material assoGiated with the ddi . r~ensarI is prohibited 3 Any d'firations to the s+rhiert site n extermor of a building housing the dispensa + must b t t with the C"t Design Use Standards nd e a obtai-n Site view approval if required by r rtion i8.6.2.020. Ser++rity bars or grates on windows and doors are prohibited. 4 The d' nsa r establishment must not have a drive up use r J + 6. The dispensary must provide for seGure disposal of mar~ ts GIF by PredUGtS; SUGh remnants or by products shall not be plaGed within the ~~nainer-rr.rv_+s dispensary's exterior refuse rnnt _____-_a_ r_r____ _ GThe dispensary is registered with the Oregon Health Authority under the J J S state of Oregcm's medical marijuana faGility registration system under 476.300 QRS 475.346, and meets th ts of OAR Chapter 333 B. Other LC)GatieRs. Med"Gal marijuana dispensaries, eXGept as allowed in seGfiGR hall meet all of the following requirements 1 Trnh dispensary ~ t he 1 ated 900 feet or more from residential zAne- + vrent°c1 ~ that dispensaries r not permitted On the Downtown Desigp e'c Standards zone. 7 The dispensary must he lerated in a peFmanent building and may not e mer h di a er materials, or ethter material associated with the dispensary is .,1-.'hited- ~ the_stbye -tsite-o-rexterior-o€ a--building-housing-the 3. A. -modiftat+ons t dispensary must be Gonsistent wRh the Site Design Use Standards, and rtin 18.6.2.020. Sen++rity bars obtain Site- Review approval if required by or gFates on mAndows and doors are prohibited. 4. The use. 6. The dispensary must provide for seGure disposal of nnants c) dispensary's exterior refuse rontainer~ 6 The dispensary registered vtiththe Oregon Health A+~thority-under--the SWIL- of /lren~n's m d' I i' f il't r tr t" Fstem under 47S-.3-0-0 - 0- RS 476.346, and meets tt_hieTeL1. require.m.pents of OAR Chapter a. Location. Ordinance No. Page 18 of 23 89 1. Marijuana retail sates are allowed if located on a property with a boundary line adiacent to a boulevard. ii. Mariiuana retail sales, except as allowed above in subsection 18.2.3.190.B.3.a.i must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. iii Marijuana retail sales are not permitted in the Downtown Design Standards Zones. Medical Nlariiwr a Dlsoensaric Seprltion Reguirernents l he IT] r r 1,` to c+ ding ;epamtion requirements in the City's code. S#atr: i:i~ c!rrreir'_ r l l,ClQCi fuss s r ~titar bet~,veen rrredical marijuana dispensar nu and schools and ilie c- srinq cork requires ail dispensaries is r stat4 law. The Oregon Liquor Cc n' ornmission (Qi CC) is VrJrkir=g Oil a liCel 5incd regimen for the fair types of permitted rap i. but that structure is not expected to be in place until the latter half of 2016, As a result t is uikrrown at this pol-t In-i ther m,-njuar{a retail sales outlets w">ll be required by state Ir w to have Pie sarrre seParatic;#n recu`r~ rits rrs Medical PlanjPuana dispensaries. b Drive-up Use The marijuana retail sales outlet must not include a drive-up use. SECTION 3. Chapter 18.2.5 [Standur-ds for Residentia' Zones] of the Ashland L.zind Use Grdiriancc is bereby amended to read as fbllows; 18,2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations. A. Setback Yard Exceptions. See subsection %2.5.060.B.2. B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be nlainta;ned accessory to a dwelling in a residential zone- See section 18.2.3.190 for homegrown marijuana cultivation and marijuana production requirements, D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings can adjoining properties- Ordinance No. Page 19 of 23 90 E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. ff a a~ 1 10 Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECTION 4 Chapter 18.6.1.030 [Definitions] of the Ashland Land Use Ordinance is hereby amended to read as follows: Ordinance No. Page 20 of 23 91 Homegrown Marijuana Recreational or medical marijuana plants planted, cultivated, grown and harvested by a household on any lot occupied solely by one on more dwelling units as permitted by the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475 300 - ORS 475 346). Medical marijuana grow sites located in residential zones and registered with the Oregon Health Authority shall be considered homegrown marijuana for the purpose of this ordinance. Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing keeping or storage of homegrown marijuana. Mariiuana Businesses. Persons with an approved license for marijuana processing, production wholesale or retail by the Oregon Liquor Control Commission (OLCC) under the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act or person with an approved license for a medical marijuana facility or registered grow site by the Oregon Health Authority (OHA) under the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346). Marijuana Plant Immature and mature plants of the plant Cannabis family Moracae. Marijuana Processing. Marijuana processing is defined by the Oregon Control, Regulation and Taxation of Marijuana and Industrial Hemp Act and includes activities such as packaging marijuana items labeling or relabeling ay package or container of marijuana items and processing or converting marijuana into marijuana a products. Marijuana processors are licensed bV the Oregon Liquor Control Commission (OLCC) under the Oregon Control Regulation, and Taxation of Marijuana and Industrial Hemp Act. Marijuana Production. Marijuana production is defined by the Oregon Control, Regulation and Taxation of Marijuana and Industrial Hemp Act and includes activities such as the planting cultivation growing or harvesting of marijuana for commercial purposes Marijuana producers are licensed by the Oregon Liquor Control Commission (OLCC) under the Oregon Control Regulation, and Taxation of Marijuana and Industrial Hemp Act. Medical marijuana grow sites located in non- residential zones and registered with the Oregon Health Authority shall be considered mariiuana production for the purpose of this ordinance. Mariiuana Retail Sales. Marijuana retail sales is defined by the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and includes selling marijuana items to a consumer. Marijuana retailers are licensed by the Oregon Liquor Ordinance No. Page 21 of 23 92 Control Commission (OLCC) under the Oregon Control Regulation, and Taxation of Mariiuana and Industrial Hemp Act and by the Oregon Health Authority (OHA) for medical marijuana sales under the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346). Marijuana Wholesale Marijuana wholesale is defined by the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and includes activities such as purchasing marijuana items in Oregon for resale to a person other than a consumer in Oregon Marijuana producers are licensed by the Oregon Liquor Control Commission MCC) under the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act. Medical Madiu ana. Marijuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Mariiuana Act (ORS 475.300 - ORS 475 346) Grown and sold bV registered persons with the Oregon Health AuthoritV O( HA). AAediGalAltariju-ap,a ~ ORS 475.300 to 475,346 that dispeRse FR@FajUaRa PUrq---,-;;At te QRS 47-5.344. SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 6. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION7. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of 2015. Ordinance No. Page 22 of 23 93 Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 23 of 23 94 Questions of Staff Staff was asked to clarify which area will be a community park: Mr, kRolnar identified the area acquired by the Parks Department but noted the Parks Commission has not made a determination on how the park land will be used. It is their land to plan and it could be a dog park, active fields, etc. Staff was asked if the affordable housing element is a criteria in this application, Mr. Molnar stated supporting affordable housing is a broader policy decision of the city. He added a key consideration is criteria #4 that states "nothing in this section chaff roquire. that the residential density be reduced below the peonitted densiT olloved by the zone. 'He stated the commission needs to determine hovel to apply this, and whether permitted density means the minimum, base, or maximum density permitted. He added this is a difficult decision and stated "permitter) density" is not defined in the axle. Applicant's Rebuttal Dave KanneriEmphasized thatthe Parks Department has already stated that they are not interested in this property as park land or a community garden, Additionally, they are not interested in swapping their parcel with the city. tvlr. Kanner stated this property was acquired in 2008 and there have been six and a half years to find an alternative. He stated the degree to what level people lave the tree is not a criteria and stated this application meets the criteria in the code, He stated its removal would not have a negative impact on erosion, soil stability, etc.; the removal would not significantly impact tree densities within 2D10 ft., and though this tree is unique to our area it is not a unique tree, The issue is whether or not they can meet the minimum, base, or maximum density of the zone and this is what the commission needs to determine. Mr. Kanner stated the city is not trying to make money off this [and and stated the city would make far more money if it sold the parcel at market value. He staters the amount of affordable housing would have to be reduced in order save the tree, and stated he does not agree with this approach when all of the criteria have been met Deliberations & Decislon Commissioners DawkinstMiller mts to deny PA•2015-00934. DISCUSSION: Cawkins stated while he supports restricting the urban growth boundary he has repeatedly questioned the city's infill policy and believes they should be gromrq from the center out. He added he does not support any more development on Clay Street until there is a safe way to cross Ashland Street. Miller agreed with Dawkins on the issue of traffic on Clay Street. She added she does not believe criteria 43 and #4 have been met and would like to see other altematives explored. Brown disagreed and stated the application meets the criteria in the node, He stated any potential traffic concerns would be addressed when a development proposal comes forward, and this application is about the tree and affordable housing. Brawn stated personal preferences are not Dart of this decision and stated the application clearly meets the requirements in the code. Norton stated he does not support the motion to deny, He stated if the tree stays it will need room to continue to grow, and if you shoehorn in the development it v►ill impact the health of the residents. He added he cannot support keeping the tree if it means the housing will not be adequately resigned. Miller cited criteria #3 and stated a reasonable alternative does exist and if they define permitted density as minimum ar base density this development could move forward with the tree staying. Brown noted the tree will continue to be preserved until an adequate plan is presented and at that time they can discuss traffic, number of units, etc. I'Andlin stated affordable housing and its value it not an approval criteria and stated she does not believe the application satisfies the criteria in the code. Mindlin stated criteria #3 has not been met and regarding critera #4 she does not believe this means they have to allow someone to build the maximum density without considering the other factors. She added she does not support pre-approving the tree removal before seeing alternate plans. Roll Call Vote: Commissioners Dawkins, Miller and Mindlin, YES. Commissioners Brown and Norton, NO, Motion passed 3.2. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana. Planning Manager Maria Harris presented language that could be used as a starting point for regulations on recreational nmarijuana. She explained starting July 1, 2015 people are allowed to have up to four marijuana plants and explained the city has had some cede compliance issues with marijuana grows, mostly on odor, lights and fans. Vs. Harris reviewed the draft language that would place limitations on outdoor grows and stated the intent itte minimize adverse impacts to neighbors. one requested the commission provide input on the nurnber of plants that should be allowed, whether this should be per lot or per household, and whether requiring setbacks is the right direction to go. She noted the state will begin accepting licenses for commercial sale sites in January 2016, and clarified tonicdhVs discussion is only abou` residences. fifi11!~7r;C! ~fc)1itN11(( i'_~U;1MdfSSfp17 P,_1CIL, 5C..r6 95 Commission Discussion Commissioner Brown asked if state law allows the city to restrict the number of plants and Ms. Harris replied that staff believes so, however they are not allowed to increase the number. It was asked how tall the plants can grow and Ms. Harris explained they can get up to 8-10 ft. tall. Brown suggested they consider limiting the height of the plants, since at this height they would be clearly visible over a fence. Ms. Harris stated there are two moving parts and explained medicinal marijuana is loosely regulated by the state and allows six plants per card holder, however people have started growing for other card holders. She explained this ordinance would limit outdoor growing regardless of whether it is for medicinal or recreational use. Commissioner Dawkins expressed concern with rental units being taken out of the housing stock and used as grow houses, and questioned if they should use electric bills to detect where indoor grows are happening. Commissioner Mindlin asked if greenhouses would meet the screening requirements and staff indicated they could address this in the ordinance as a possible screening alternative. City Administrator Dave Kanner addressed the commission and stated his recommendation is to place a limitation on the number of plants grown outdoors, and stated they may run into problems with legislation if they try to limit the number grown indoors. Regarding the height concern, he stated as long as it Is not visible from any public place he is not concerned if the plants are visible over the top of a backyard fence. Mr. Kanner stated his main concern is regarding large grow sites consisting of 20 or more plants and explained the odor of a grow this size impacts entire neighborhoods. He explained he has spoken with the city's code compliance officer and his opinion was that four plants would create an odor, but it would not be so obnoxious that neighbors can't enjoy their outdoor spaces. He stated he is not concerned with whether they are growing for recreational of medicinal uses, but if they want to grow more than four plants they need to do it inside. He stated the electrical use component is interesting and stated while they cannot single out one type of business for higher rates, the city can establish excess of peak use charges and apply it to all commercial businesses. Regarding Dawkins concern, Mr. Kanner stated it is very expensive to rent a house in Ashland and there is a shortage of available rental properties, and he does not believe it will be worth someone's while to establish a grow operation in Ashland when there are far less expensive options elsewhere. Commissioners Brown/Dawkins m/s to direct staff to initiate the amendments and prepare an ordinance. Roll Call Vote: all AYES. Motion passed unanimously. i ADJOURNMENT Meeting adjourned at 9:30 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission June 23, 2015 Page 6 of 6 96 Planning Commission Speaker Request Forma 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about, 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. ,t) Limit your c orti rents to the amount of time given to you by the Chair, Usually 5 minutes. 5) If you prekent written materials, please give a copy to the Smrelary for the record, o) Yoti 111ay give: written comments to the Sev tart' for the record if you do not wish to speak. 7) Speakers ate stalely responsible for the ~ ~ tits nt of their public statcnlUnt, t Name ii)1-je a tse print? r: { 'tddress (no P.O. Box)-----4-,, r Plron Email j Tonight's Meeting Date ^ { Regular Meeting Agenda item number OR Topic for public forum (non agenda item) ,r Land Use Public Hearing 1,4 Fur: Against: Challenge for Conflict of Interest or Bias If you challenging a member (planning commissioner) with a conflict of interest or I)ia ' pic~use write your nflc,rAinri complete with supporting facts on tWs forth rI nd dclivcr it to the clerk iniaiwdiaiely. The Chair ,A-ill address the written challenge with the nwinbc , 11Ictasc I)e respectful of the pracctcding and do not interrupt. You ntay also provide testinionyaboat the mh:alieu~~ when you testify during flue lionnml order of proceedings. - Writtcn Corunents/ChaIlen ~j rlla~ 1 Lj- _ fem. ,f ~ 1 t_11 1 3 t' 77rr Public f'~IcrliNf,~, ~,GFW re-41141'C) : t111 1 At t17gb't~G UpC^n folhe public. (Xeg-)n jC713F~0~'S'-hnt ul"y'vs ra gnir e (licit the public be pernihied to s )ecjJ,. Thy ashlrttr '1'l tttritr t.'crar,aa~i.csrnlr rrt?r all zrt~~i~<<s tlrn,~zrblie. (c~ slr~~rk crrr regc~rt~a lt~rtr~ a~ttc~~lur~i~t~rpaxhlrc~.Jr~rtrttt nn rrcrtr ~l;~ratltr l(G'r3a.~t~rrla+sRt(irrte crrrtstritrtrts lr'ttrr`(larrbltc ~eslrrtrnrrtf, NoIvison ha an absolute right to sIveth or j)ar&;,%vc° rrt t,ivtyphase of aprocxecling. Please rffliect the order ra}Irtftc~e~lltt~s frr,~~b/r<laa~rrrrrrgs czta€Islt i~tl)°-fr-,Ift,}tip the tlit°eu:rlrtlrsrll'17rtahr~siclr'r.,gt~c~t•. ~trTrcri~icrr~.~t^~~(l~rts't~'!?t~~lrcrl~rrrliE°rr.rt>>r~rhly,l~t(;d'~t'afisr'tt~~`t1~~r~t°e CljfEa,rk~1.~ it i11, f>P 1'e[i1rc,C(?df(7 leave ihtr rotittr, ~~i. t'e] 1e'e7(1N, and rrtal, rrrnsfidtrte 1Avor (Icrhy conduct. A> ~ J 0~ n>truclns and stati•mcnrs by spc~&[s do not represent the opinion u4 he he City council; j tit officers or employees or the City of Ashland, ,r r c c 97/ Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING JUNE 23, 2015 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street if. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-00928 SUBJECT PROPERTY: 380 Clay Street OWNER/APPLICANT: City of Ashland DESCRIPTION: A request for a Tree Removal Permit to remove a 72-inch diameter at breast height (d.b.h.) Fremont Cottonwood tree from the property located at 380 Clay Street. (This tree was previously identified to be preserved and protected as part of Planning Action #2009-00043.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 11C; TAX LOT: 2500. VI. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana. VII. ADJOURNMENT CITY of ASHLAND In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 98 CITY OF ASHLAND Memo 1)ATIJ u n c 23, 20115 T01- Ashland Planning C onrrraissiorn 1, ROM: .10aria Harris, Planning Managci RL DiSCUSsiol7 ol`Ncw State Rules oil Recreational Marijuana SUNINIARY The homegrown personal potisession ji-ovisions of the C)regon Control, Regulation, and "Taxation of Marijuana and Industrial Hemp Act (Measure 91) begin on July 1, 2015, and persons 21 years or age or older nasty grow tip to four marijuana plants pcr household. In addition, the households may process, keep, anti store limited arnotults of homegrown marijuana and ',no ncnaade rnarijuanat products, Staff has been asked to duvet rp ordinance l;rnl uaag4 to address growirtf; marijuana, 9pecifically in residential neighborhoods. The cultivation of tlrari.juarta in the city limits appears to have increased ove tr the past few years because cif an increase in medical marijuana grOWS allowed under state law. As as result, the Oty began receiving nuisance-type complaints related to the odor produced by marijuana plants gown outdoors, In addition, complaints have involved impacts from lighting and noise from mechanical equipment (c.g,., fans) related to V_r0 ing plants in grcenlrnuses and rather accessory structures. The attached draft ordinance, language. is intended as a starting paint for the discussion, Tiber primary issuer arc indenti[led for discussion including„ the nunrbe.r of plants that should be allowed in conjunction with a dwelling unit, whether the n1111ber of I?lanis a1101ve.d for outdoor cultivation should be calculated base on a lent or dwelling units, and what type cif setback and area allowances are appropriate in residential seitinrs. Staffs comments are inserted ire ttae draft ordinance and highlighted in red text, BACKGROUND The potential code ame.ndnients are concentrated in Suction 2 oil pages I I - t 5 in the attached draft ordinance larngUagc, Section 18:2.3.190 Medical Nf arijuanza Dispensaries in the c,xisting land use ordinanc-u is amended to include draft standards fear 110111e;g;rown marijuana. Section A is new and addresscs hemricgrown marijuana. Sectian R is a placeholdor I'm- Conarractcial Marijuana Production- this ~c~c~-ion Could include rc_uircments for the commercial cultivation ofmariju<an3 within the city limits. Finally., section C' is the existing special use standards for medical niRrijuarnat dispensaries. `l'ho standards for cultivating homegrown marijuanai outdoors are modeled after the requirements for keehiag of animals in 13.2.3.1 COI and preliminary resc-urch on r•eduirenaents in otherjurisdictions. The 99 Page 2 of 3 attached draft ordinance language is limited to addressing homegrown marijuana plants and includes three primary components. • Outdoor Cultivation. The draft language creates setbacks from plants grown outdoors to property lines and residences on adjoining properties, and limits the size of the area that can be used for growing marijuana plants and any associated outdoor activities. Plants cannot be visible from a street or area with general public access (this provision is included in state law) and must be screened from view with a fence or wall. • Indoor Cultivation. The draft language requires individuals to obtain the appropriate building permits for the installation of any electric service and mechanical equipment (e.g., fans, heating and cooling systems). This typically would be to install lights and other mechanical equipment necessary to grow plants in an accessory structure such as a garage, greenhouse, or shed. In discussion with the Building Official, an ongoing problem reported throughout the state is the installation of electric serviced and other mechanical equipment to grow plants indoors without the sizing and safety provisions required by the building code. • Nuisances. The main complaint the City receives is the odor produced by marijuana plants grown outdoors in the back yards of residential properties. The odor produced by the plants is particularly strong in late summer. Neighbor complaints include not being able to enjoy their backyard and not being able to open their windows because of the strong odor produced by the marijuana grow on the adjacent property. In addition, complaints have involved impacts from lighting and noise from mechanical equipment related to growing plants in greenhouses and other accessory structures in side or rear yards of residential homes. These complaints primarily focus on the duration of lighting and noise from mechanical equipment because the systems operate 24 hours a day and every day of the week. The draft language on nuisances is preliminary and staff is working with the Legal Department on this portion of code. This section will likely be located in Ashland Municipal Code (AMC) 9.08 Nuisances. Other ordinance amendments included in the attached draft are adding Marijuana Cultivation, Homegrown (page 4) and Marijuana Production, Commercial (page 9) to the "Uses Allowed by Lone" table. A cross reference to the marijuana cultivation requirements is added in the accessory structures section for greenhouses (page 16). Finally, definitions of homegrown and commercial marijuana cultivation are included to distinguish between residential and state licensed growing operations. In November 2014, voters passed Measure 91 into law. The law provides for personal growing, possession, and use of limited amounts of non-medical marijuana, and directs the Oregon Liquor Control Commission (OLCC) to administer a licensing system for the production, processing, wholesale, and retail sale of non-medical marijuana (see attached FAQs Recreational Marijuana). The commercial components of Measure 91 begin in January 2016 when the Oregon Liquor Control Commission begins accepting license applications for commercially growing, processing, and operating wholesale or retail marijuana operations. The ability to buy marijuana at a retail outlet is not expected to start until the fall of 2016. The information in this memo and attached draft ordinance language is limited to addressing homegrown marijuana plants. The Commission may want to consider beginning initial discussions on DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 NAM www.ashland.or.us 100 Page 3 of 3 whether to regulate the commercial activities. Staff will be prepared with further research on the commercial uses at a future meeting. ATTACHMENTS 1. Marijuana Cultivation, Draft Amendments to Land Use Ordinance 2. I'AQs Recreational Marijuana, OLCC DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms 101 ORDINANCE NO. AN ORDINANCE. AMENDING CHAPTERS 18.2.2118.2.3, 18.2.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND RELATED ACTIVITIES, AND COMMERCIAL MARIJUANA PRODUCTION, PROCESSING, WHOLESALE, AND RETAIL. Annotated to show de-le ;ons and additions to the code sections being modified. Deletions are bold liners t vrongh and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control.. Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including production, processing, wholesale, and retail; and WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. _City of Beaverton v. International Ass'n o__f_Firefighters. Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and Ordinance No. Page 1 of 18 102 WHEREAS, the City Council determined their[: 110s been ttn ulcrca5c in Marijul111a cultiWitiotl, sllccifically in residenti it neighhorhood5 txcausc of an increase in medical mori,jualla grows allc Need by state law; and WDEREAS, the City Council finds th l( t114 111GrC:lSC M 111,1iJI f [na UlltlV tttull r4'SUltud ill all increase in code cowpllance complaints regarding odor Felated to oul<otv mori' to nnl cultivation as well as adverse inept cts related to noise from mechanical equipment and continuous lighting related to indoor nl►lrijuana cultivatinrl ill acCCSSOry strttcklres such as greenhntlses; and 'r'4r11EMEA4, the City Council determined it is neccssrlry to establish rules 311d regulations I-Or rnat'Juaria cultivation and conl;llerclal I►111"ljllan3 frrcilltics, while pre~ervjllg file pmce-, safety (Ind general wehare ofresiceniial riviglih-orhoods anal neighboring properties; and WHEREAS, the Nanning C ommissinn of the City ol'Ashland conducted in duly tidvortised public hearing on the r►rnndmerit:s to the Ashland Municipal Cade and Land Use Ordinances oil ; and WHERI± A5. the City Council of'the City of A-;hlnnd, follovAng the c lose. of the public, hearing and recurd, deliberated and couducle.d first and second readings approving adoption of thy: Ordinarwo in accorclance with Article 10 of the Ashland City Charter; and WHl±sHEAS, the City Council of th , Cily ofAslrland has dctermined that ill order to protect and benefit the health, safety and welfare: of existing and future nwsiclents of the City, it is necessary to arnend the Ashland 1vlunicipal C odc and Land Use Ordinance in the manner proposed, that In adequate factl►al lease exists For the ameridnienis, the arne.ndme.nts are consistent with the comprehensive plan and that SLteh amendments arc ful-), ,upported by the record of this f~roeeudiatg. 'I'll 1'L+OPLE O T11r, CfTV OF ASHLAND DO ORDAIN AS FOLLOWS, SECTION 1. Chapter 18.2.2 [Base Zones and Allovxd Usc:sj of (lie Ashland band Use Ordinance is hereby amended a-s follows: 18.2.2.030 Allowed Uses A. Uses Allowed in Lase Zones, AllDwed uses include thcse that are permtted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit, Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does nut define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.046, Uses not listed in `7able 18.2.2.030 and not tound to be similar to an allowed use are prohibited. For uses allowed in special districts Clip, NC, KM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18,3, B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)' are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are Ordinance No. Page 2 of 18 103 subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. 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[ LL (u C) W F' ru G> 110 T N a3 = O O C) N v N O Q ~ Q 1 o (D o U) z z d E o II O Z C~ a a) t7 o > a L U) Q cr N Z C w 00 O U a W Z Z fl Gq d1 ~ a~ R Q, '7 7 Z d a c U U 2 o LE r c O ~ I I (6 En U Z Z (D m ~ IC F- cc LL Z Z ~ C (D N Z Z 0 Q y U 0 u M Z Z Q U ~ .G r Y_ 2 Z Z 3 c O N E Lo U) a CL U) cu If 30 > C Q m 7 d N O C -p U) E (6 c a o w ° ~ M o o U) p ° N E nN N d~. N ~a 00 EL ~ m L ns (n S C: 0) 7j c c O W E E U - o > Y 111 SECTION 2. Chapter 13.2.' [Specitrl Clse Slandardsj of th Ashland Land Use Ordinance is hereby amended ti) read its follows: 18.2.3.19(} Mel+ l Juana-I ispe a Marijuana-Related Uses A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed. it shall meet all of the following requirements. See definition of homegrown madiuann cultivation in section 18.8.1.030. 1. Total Number. Up to four marijuana plants are allowed per lot. Issue # Number of Plants: ante law for rer_re.7tienal marljucrrra 41110'&S up to fe7ur rraarijucrrfn plurrts per household and for ro(Aical mcrriluana aliovrs tap to siX restore plants per pardholder, Some outer cede options eavoJable or the= local head use ordinance rare to reduce tlae number of plants that are ollowed (e.g., three, two, or one plants) or to prohibit outdoor culovatiora eovr6y. Issue 2 Limit by Lot or Household; The dro ft looguoge is more restrictive than state loran because it ties flap maximum number v f roo(ijtrano prints to a lot while state Dour allows plants dosed on a household. If the lot )aaguage is used, lot. with rnuNpte dwe&rius on the scrrie property (e.g., a single-family residence and an accessory residential unit, an apartment building t with four traits) would be limited to four plants and would not be allowed to have four plants per dwelling, Far example, r, lot containing a single-fancily residence and an accessory residential omit would be allowed up to four plants under the draft language because both dw=ellings are located on the sauce lot, whereas state law allows up tc eight plcn's or four plants per household. 0-Tr thing to mote is that any setback or area requirements (see 3. Outdoor Cu?tivo6on below) v,r'll likely be more difficult to meet on smaller properties and/or properties with multiple u'ri iiirr -s on the Brame lot. The code compliance complaints received by the City thus far have been single-farn Py ;'welling ~~*uatia~as with one dwelling unit on one lot. f-lousehold is defined in Measure °J as " meccas c housing (writ, and includes carry, place in or around the housing unit at which the occupants of the hau-,; ng unit are producing, processing, keeping, or storing hon-regrown rrtranluana or homemade marijuana products Housing tinit is de f ned in pleasure 91 as "means a house, on apartment, a mobile home, a group of rooms, or a single roorn that is occupied as a separate living quarters, in which the occupants live and eat separately forme an y rather persons in the building and which have direct access from the outside of the building or through to common hall." 2. Marijuana plants grown outdoors or in an accessory structure must be located on the site of the primary residence of the person or household that cultivates and owns the plants. 3. Outdoor Cultivation. Ordinaric.eNo. Fags I i of IR 112 a Locate marijuana plants so the plants are not visible from a public street or anV area that the general public can access (e g., schools Playgrounds, parks, commonly-owned open space pedestrian and bicycle paths and traits). Marijuana plants shall not be located in a front yard. Limiting the visibility of rnariiuaro (,ior,rs'corn any area with generof public access is a requirement of Measure 9l. b. Screen mariuana plants to limit view from adjacent residential properties with a solid wood fence or masonry wall. For fence and wall design recluirements, see section 18.4.4.0GO, c. Locate marijuana plants at least ten feet from any property line. d. Locate marijuana plants at least 20 feet from dwellings on adjoining properties. Plants must also be located at least 20 feet from any multifamily dwelling within a multifamily development. e. A maximum of 100 square feet of yard area may be used for growing marijuana plants and any processing keeping or storage of homegrown marijuana that occurs outside of a dwelling or accessory structure. Issue 3 Setbacks and Area: As a starting point for discussion, staff used the setbacks that ore required for enclos:jres for housing rnicno-iivestock in o residentiai district in 18.2.5.0401, In addition, staff ,ndaded a square footage requirement for the maximum yard area )poured for oi,, ir cult;'vaticrrr, processing, keeping, or storage of bornegro4vn mor7juana. The purpose of a setback and yard area firaaitatior for outdoor roars uano cultivation is to limit the location, sire, and stole ofund access to the grow area and therefore, reduce adverse impacts to neighboring properties. However, the suggested setback will not prevert odor from reaching neighboring properties based on staffs experience wvth post code compliance cases. Examples of required setbacks to rnarquona plonts it) lam} use ordinances appear to primarily be in county situations. In general the ml:nirnum lot sizes in cvunoces arc.' substontidlly larger than in cities. A sample of some of the setback requirewents is included in the table below. Local Jurisdiction Lot Size _ total Setback frorn Setback Cultivation Property Lines from OR Area Adjacent Allowed Residences of Plants Central Point, OR Outdoor cultivation prohibited and marijuana cultivation, - production, processing, or possession must be conducted in a fully enclosed area (adopted May 28, 2015) Jacksonville, OR Outdoor cr.rltivation prohibited and marijuana cultivation, production, processing, or possession must be conducted in a Ordinance No. face 12 of IS 113 Local Jurisdiction Lot Size Total Setback from Setback Culeivaidon Property tines from OR Area Adjacent Allowed Residences of Plants fully enclosed area (ordinance going ens : rty Council for vote at One of Writing) SbLsta County. CA less than 1 64 squi3r e 15 30 acre feet tc rmdcr 2 100 square Sit 75 acres feet _ 2 to under 5- 154 square 10075 acres feet 5iskipou County, 3 or pcvrer~~ NA~ NA CA plat , 4 r; rrlarn~ hfA NA 7 Ev 9 pianLs NA 4U NA 10- 12 plants NA so NA More than NA I54 + iA 12 plants 4 Indoor Cultivation Any structure accessory structure, electrical service, or fans beating and cooling systems) associated with mechanical equipment (e .c marrit►ana cultivation shall satisfy the Building Code requirements and obtain all required building permits prior to installation See section 18.2.5.040 Accessary F Buildings and Structures 5 Multi-family Development Marijuana plants may be drown on lots containing multi-family dwellings in conformance with the requirements of section 18.2.3.190 and provided all of the following requirements are met. a The property owner or designated property manager provides written notification to all residents of the multi-family complex and to the City that verifies the cultivation of marijuana plants will comply with the requirements Qf part 13.2 Zoning Regulations The written notification shall include the following information. j JiProperty owner property manager, or home owner association representative contact information including the name. address, and phone number(s). F, Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance Contact information shall include the name, address, and phone number of the responsible Party. Ordinance No. Page 13 of 1$ 1 114 iii. The City requirements for the cultivation of marijuana including the maximum number of plants per lot and the requirements of section 18.2.3.190. b.: The area in which marijuana plants are grown shall be continuously maintained regardless of any change of building tenancy or 12roperty ownership. 6 Homemade Marijuana Extracts, No person may produce process keep or store homemade marijuana extracts pursuant to section 57 of the Oregon Control, Regulation, and Taxation of Mariiuana and Industrial Hernp Act, 7. Marijuana cultivation must meet the requirements of the Oreclon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475.300-ORS 475.346). 8. Nuisances. J-his sectroo would likely i'" located io Ashland Mt,n of Code (AMC) 9A 1' uisow'~ , Srafj is i,-ca"king with the Legal Department to coo dinote this portion of any uptopuij cr r roc ornendments. a_ Homegrown marijuana cultivation shall not cause or create any odor, light, or noise which Is so harsh, prolonged, or unusual in time or place as to cause unreasonable discomfort to any persons or their quests in any adjacent dwelling unit or property. b, Standard. The standard for judging odor, light, and noise nuisances resulting from growing marijuana shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the following factors. L The character of the neighborhood in which the nuisance occurs. ii, The proximity of the odor, light, or noise to s(eepingJacilities. iii. The time of day or night the odor, light, or noise occurs. iv. The duration of the odor, light, or noise. y. Whether the odor, light, or noise is recurrent intermittent or constant. vi. The land use, nature, and zoning of the area from which the nuisance emanates and the where it is received or perceived. B. Commercial Marijuana Production. [Placeholder] f C. Medical Marijuana Dispensary, A1.Roulevard Location. Medical marijuana dispensaries are permitted sugiect to all of the fallowing design standards. 4a The dispensary must be located on a property with a boundary line adjacent to a boulevard, except that dispensaries are not permitted in the Downtown Design Standards zone. 2b, The dispensary must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other Material associated with the dispensary is prohibited. Orcliirmmc o No. Page 14 of 19 115 3c. Any modifications to the subject site or exterior of a building housing the dispensary must be consistent with the Site Design Use Standards, and obtain Site Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. 4c. The dispensary must not have a drive-up use. ad. The dispensary must provide for secure disposal of rarijuana remnants or by- products; such remnants or by-products shall not be placed within the dispensary's exterior refuse containers. Se. The dispensary is registered with the Oregon Health Authority under thc~,r~ state of Oregon-s rnedical-mariluana4as+litf-regast;atl;- ry~t°r.~n~~'^r nP.S T75 389- ORS-47_9-.346 the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346 , and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. 92. Other Locations. Medical marijuana dispensaries, except as allowed in section 18.2.3.190.A, are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. 4a. The dispensary must be located 200 feet or more from a residential zone, except that dispensaries are not permitted in the Downtown Design Standards zone. 2b. The dispensary must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material associated with the dispensary is prohibited. 3c. Any modifications to the subject site or exterior of a building housing the dispensary must be consistent with the Site Design Use Standards, and obtain Site Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. 4d. The dispensary must not have a drive-up use. 5e. The dispensary must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not be placed within the dispensary's exterior refuse containers. Sd. The dispensary is registered with the Oregon Health Authority under the state n Ore9en's--ffed1Gal4r,artjuana facility registration system undeF ORS 476.309 ORS 475.345 the Oregon Medical Mariiuana Act (ORS 475.300 - ORS 475.346), and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. SECTION 3. Chapter 18.2.5 [Standards for Residential Zones] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations:. Ordinance No. Page 15 of 18 116 A. Setback Yard Exceptions. See subsection 18.2.5.060.13.2 B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for marijuana cultivation requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. I p, D 10 1 Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: Ordinance No. Page 16 of 18 117 1, Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear vrldth of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foindation, or platform, designed to support the rain barrel's full weight 4. Every attempt shall he made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECrj,jON 4 Chapter 18,6,1.0 30 1 Delinitionsl o rthc Ashland Land Ul-w Ordinance is hereby aniended to read us l'ollows: Commercial Marijuana Cultivation. An activity related to the planting, cultivation growing or harvesting of mariiuana for commercial purposes and licensed as a marijuana producer under the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act or permitted as a medical marijuana grower under the ,Oregon Medical Marijuana Act [ORS 475.30D- ORS 475.3461. Homegrown Marijuana. Recreational or medical madiuana plants planted, cultivated, grown, and harvested by a household on anV lot occupied solely by one on more dwelling units as permitted by the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act or the Oregon Medical Marijuana Act (ORS 475.300 - ORS 476.346) Homegrown Mari"tuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing keeping, or storage of homegrown marijuana. The d1 ' r u wns :r ?ove are based tin the Afiniti&ll W14 100) tJOg,- ire lvlCMure 9i. SECTION S. SayinLs. Nom-itlistanding this amendmcnt/repeal, the City ordinances in existenac at the time nmy criminal or civil cnforcen2r:nr actions vvere coinrnene;ed, shall remain valid and in full foFCC 911d effer-t foi' pui-POStS of till eases hied «r comnicituc l during the times said (M-dinntices(s) or portions thereof' were opcrativc. This section simply clarifies the exi5tiug situation that nothing in this Ordinanec affects the validity o f prr)5ocutions e:onirncnced and emntinucd under the laws in effect at the tune the matters were originally tiled, SECTION 6. Sevei-ability. The sections, subsections, paragraphs and clauses of this ord nancc are scvcrable. Fhc invalidity (if ono section, subsection, paragraph, or clause shall not affect the validity of the remaining seetjOns, SUbsections, paragraphs and clauses. SECTIO 7. Codification. Provisions of this Ordinanco shall be ineorpot-Mcd in the City Code and the word "ordinance" may by changed to "axle.", "article", "section", "chaplee' or anothor word, Ond thU- sa ctipns of this Ordinance navy be rGnunibered, or re-lettered, provided however Ordinance No. Pagc 17 of 19 118 that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 12015, and duly PASSED and ADOPTED this _ day of 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 18 of 18 119 IRMA FAQs Recreational Marijuana Recreational Marl)uana in General Q: What is the purpose of legalizing recreational marijuana? A: As stated in Measure 01, the purpose of the Act is to: • Elinlinate the problems caused by the, prohibition and uncontrolled manufacture, delivery, and possession of marijuana within this state; Protect the safety, welfare, health, and peace of the peop=e of this state by prioritizing the state's limited law enforcement resources in the most cffective, consistent, and rational way; • Permit persons liconsed, controlled, regulated, and taxed by this state to legally manufacture and sell marijuana to persons 21 years of age and alder, subject to the provisions of this Art; • Ensure chat the State Department of Agriculture issues industrial hemp licenses and agricultural hemp seed production permits in accordance with existing state laud; • Establish a comprehensive regulatory framework concerning marijuana under existing state law, Q; What does Measure 91 do? k Measure 01 allays Q{egonians to grow limited amounts of marijuana on their property and to possess limited amounts of recreational rarijuana for personal use beginning July 1, 2015 under Qregan lam The measure also gives OLCC authority to tax, license and regulate recreational marijuana grown, sold, or processed for commercial purposes. The CLCC doEs nut regulate the home grow/personal possession provisions of the lard, The QLCC wil begin accepting applications for growers, wholesalers, processors and retail outlets on January 4, 2016 Q. When will Measure 91 go into effect? A The home grow/personal possession provisions of the measure start on July 1, 2015. However, the OLCC Won't begin accepting license applications from those who want to commercially grow, process, wholesale ar operate retail marijuana outlets until January 4, 2016. The ability to buy marijuana at a retail outlet is not expected to start until the fall of 2016. Q. Who will implement the initiative? A. The initiative designates the Oregon Liquor Control Commission as the state agency that will regulate the commercial growing and selling of recreational marijuana. It also gives the QLCC authority to tax, license and regulate commercial recreational marijuana operations. The OLCC has no authority to regulate or enforce the home grow/personal possession provisions of the law. Q: How can i get a job with QiLCC in the new marijuana prograro? A: OLCC posts job opportunities on the Qreppr 'nbs-or website. Interested applicants can fill out a Job Interest Card to receive email alerts about job openings at OLCC. You can also sign up for email alerts about OLCCjob opportunities through our website. FAQs: Recreational Marijuana (05/2015) 120 Q: Can Measure 91 be changed? A: Yes. Since the rneasr,re is a statutory one instead of constitutional, any of its provisions can be changed by the Oregon Legislature, which is currently in session and will be until Jule" 11, 2015. The measure cannot be charged by the OLCC's rule making process. Q: Where can Iget more information? A: As updates occur arid information is available, we will share that information with you on this website. To keep up to ciate, click here Q: What if I have additional questions? A: P=lease send acldi;ional questions to rnariiuanaforegon.t cy Medical Marijuana Q. What impact does Measure 91 have on the current Medical Marijuana Program? A. None. Measure 91 states that the "Act may not be construed to amend or affect in any way the Oregon Medical Marijuana Act." Q. Should I get a new OMMP card or renew my existing Card? A. Gnly you as an individual can answer that question. The OLCC cannot advise you an this matter, Q: What is the difference between recreational marijuana and medical marijuana? A: Medical marijuana is for patients with qualifying medical conflicns. Recreational marijuana, whether grown at a residence or obtained from a licensed retail outlet, is for personal use for adults 21 years of age or older. For more information on medical marijuana see wvvw.rnmi.orep0n.R0%I Personal Use Q: When can I srnoke/use recreational marijuana? A: Starting July 1, 2015, Measure 91 allows Oregonians to grove up to four plants on their property, possess Lip to eight ounces of usable marijuana in their homes and up to one ounce on their person. Recreational marijuana cannot be sold or smoked in public. Until then, current marijuana laws in Oregon rerTlain in place. Measure 91 requires OLCC to begin accepting license applications by January 4, 2016 for commercial growers, processors, wholesalers and retailers. Q: Where and when can I buy marijuana? k Marijuana will be available for purchase through retail stores licensed by the OLCC sometime in the third quarter of 2016. Q: Where and when can I buy edibles and extracts? A: The OLCC has made the decision to take extra time to make sure that it gets the availability of edibles and extracts right. They will eventually be available at retail outlets licensed by the OLCC, but probably not at the same time that the stores are expected to open in the third quarter of 2016. I FAQ.s: Recreational Marijuana (05/2015) 121 Q: How much marijuana can I have? A: Beginning July 1, 2015, recreational marijuana users can possess up to eight ounces of useable marijuana and four plants per residence in Oregon. An individual can carry up to one ounce in public, but using marijuana in public is prohibited. Q: What is meant by "useable" marijuana? A: Useable marijuana refers to dried marijuana flowers or leaves. In other words, marijuana that is ready to smoke. Q: Can I grow marijuana at home and when? A: Yes, with limits. The act allows home grow of up to four plants per residence beginning July 1, 2015, regardless of how many people live in the residence. Four adults in one residence does not mean 16 plants. The limit is four per residence. Q: Where can I obtain marijuana seeds or starts after July 1, 2015? A: The OLCC can provide no guidance on that issue. Q. Can a landlord tell tenants not to grow recreational marijuana or smoke it rental units? A. Measure 91 does not affect existing landlord/tenant laws. Q: What if an employer requires drug testing? A: Measure 91 does not affect existing employment law. Employers who require drug testing can continue to do so. Q: Can I smoke marijuana in a bar/restaurant? A: No. Marijuana cannot be smoked or used in a public place. Q: What is the definition of a public place? A: Measure 91 defines a public place as "a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation." Q: Who can smoke recreational marijuana? What is the minimum age? A: As of July 1, 2015, anyone 21 years of age and old and consume recreational marijuana in Oregon. Marijuana use or possession of recreational marijuana by anyone under 21 years of age is illegal. That includes home consumption. Q: Who will enforce recreational marijuana laws? A: Enforcement of the home grow/personal possession provisions of Measure 91 will be at the discretion of local jurisdictions, the state police and possibly other law enforcement agencies. The OLCC is responsible for enforcement actions against businesses that the OLCC licenses to grow, process, wholesale and sell recreational marijuana and related products. Q: How much will recreational marijuana cost? A: The retail price of recreational marijuana will be determined through a competitive marketplace. FAQs: Recreational Marijuana (05/2015) 122 Q: Can Oregon recreational marijuana be taken to the state of Washington where it is also legal? A: No. Taking marijuana across state lines is a federal offense, Q: How will children be protected from recreational marijuana and marijuana products? A: Measurp 91 prohibits the sate of recreational marijuana to miyone under the age of 21. The act also gives ULCC authority to regulate or prohibit advertising. In writing the rules necessary to implement the new laud, the OLCC may also regulate packages trnd labels to ensure public safety and prevent appeal to minors. Q: Can I get a VUll while under the influence of rrrarijuana? A: Yes. Current lauds for [7UIl have not changers. Driving under the influence of intoxicants (DUli) refers to operating a motor vehicle while intoxicate(] or drugged, including; impairment from the use of marijuana, in addition, Measure 91 requires OLCC to examine, research and present a report to the Legislature on driving under the influence of marijuana. The 01-CC will do this in conjunction with the Department of Justice Criminal Investigation Division and Oregon State Police, Q: Can I lose my job for using marijuana? A: Passage of measure 91 does not change existing employrnpnt law in Oregon. Ct: Where will marijuana stores be located? A: IV]easure 91 doses not address siting requirements Location of commercial recreational marijuana businesses will be determined by legislative action, local action orthrough the OLCC rule-making process. To keep up to date, click here Q: Who collects the tax on recreational marijuana? A: Under the provisions of Measure 91, the OLCC is required to collect the tax on recreational marijuana at the grower level, Q: Haut is Washington state's recreational marijuana law different than Oregon's? A. See fire onll"trdshin ton Cotorado Comparison Licensing Q: What licenses will be available? A: The measure lists four types of recreational marijuana licenses: Producer, Processor, Wholesaler, and Retail. A producer is also known as the grower. A processor is a business that will transform the raw marijuana into another product or extract, Processors are also responsible for packaging and labeling of recreational marijuana, A wholesaler is a business that buys in bulk and sells to resellers rather than to consumers. A retailer is a bt15i¢leSS that sells directly to consumers. Q: When will the t)LCC begin accepting license applications? A: The measure requires OLCCto be-in accepting license applications for recreational marijuana by January 4, 2016. Q. How will OLCC decide to grant or deny license applications? A. Undetermined at this point, The OLCC is in the process of writing the rules necessary to implement Measure 91, The agency has appointed an advisory committee that will write the rules and send its recommendations to the Commission sometime this fall for approval. FAQs: Recreational Marijuana (05/2015) 123 Q. If I want to apply for a recreational marijuana license, what should I do now? A. Be patient. The CLCC won't be accept?ng applications until January 4, 2016, In the meantime, to keep up to date on process, click here Q: Now much are the licensing tees? A: Measure 91 establishes an annual license fee of 51,000 plus a non-refundable application fee of $2S O per license applications. Q: How many licenses can i have? A. A licensee may held multiple licenses and multiple license types. Q. Can an out-of-state resident hold an Oregon recreational marijuana license? A: (Measure 91 does not specifically address this question, i-lowever, the issue of residency rimy be addressed by either the Oregon Legislature or by the OLCC through the role-making prccess. Q: Who will be eligible for a marijuana license? A: anyone over 21 years of age and Oder will be eligible for a recreational marijuana license if they meet certain conditions outlined in section 29 of Measure 91. Ll-tder those conditions, the OLCC may refuse a license if it believes the applicant: Is in the habit of using alcoholic beverages, habit-farming drugs, marijuana, or controlled substances to excess. Has made false statements to the commission. • Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed. • Has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantiafiy related to the fitness and ability of the applicant to lawfully carry out activities under the license. • Has maintained an insanitary establishment. • Is not of good repute and moral character. • Did not have a good record of compliance with sections 3 to 70 of this Act or any rule of the commission adopted pursuant th a reto, Is not the legitimate owner of the lousiness proposed to be licensed, or other persons have ownership interests in the business which have noc been disclosed. is not possessed of or has not demonstrated financial responsibility sufficient to adegkWtely meet the requirements of the business proposed to be licensed. • Is unable to understand the laws of Oregon relating to marijuana or the rules of the commission. Q: What if my city/county wants to go "dry?" A: Measure 91 states that local governr?rents ruay not prohibit licenses in their jurisdiction except with a vote at a general election. Measure 91 allows local governments to adopt reasonable time, place and manner restric(ions to regulate public nuisance. Q: What kinds of testing will OLCC require? A: Undetermined at this point. Under Measure 91, the OLC': has the authority to set testing requirements, but this is a policy question that will be determined during the rule-making process, Including legislative and public input. I-AQs: Recreational Marijuana (05/2015) 124 Retail Stores Q: When will marijuana stores be open? A: Undetermined at this point, but the most likely time is during the third quarter of 2016. Q: Will the OLCC distribute marijuana out of a central warehouse? A: No. Measure 91 clearly states that the OLCC "has no authority to purchase, own, sell or possess any marijuana items." The OLCC's primary responsibility is to collect taxes and to license and regulate producers, processors, wholesalers, and retailers. Q: Will there be a quota for how many retail outlets will be allowed? A: The measure does not specifically address the number of retail outlets allowed. Specifics for licensing retail outlets will be part of the rule-making process that is currently underway. Q: What will OLCC be doing to get ready for marijuana-related businesses? A: The OLCC has held listening sessions throughout the state to gain a better understanding of what Oregonians expect in the implementation of Measure 91. In addition to getting legislative approval of the marijuana budget for 2015-17 and preparing to hire staff for the program, the OLCC has also selected a vendor to build the online application process and finding a second vendor for the traceability (seed-to-sale) system to track recreational marijuana. The OLCC has appointed an advisory committee to help write the rules necessary to implement Measure 91 and several subgroups to address specific issues. The goal is have the rules adopted by October or November of this year, after which the agency will hold seminars around the state to familiarize people with the application process in advance of accepting applications on January 4, 2016. Taxes Q: How much are the taxes? A: Measure 91 provides for an excise tax that is paid by the producer (grower) of $35 per ounce for flowers, $10 per ounce for leaves, $5 per immature plant. Q: How much money will marijuana bring in taxes? A: In its 2015-17 requested budget for the marijuana program, the OLCC estimated revenue for the two- year period to $18.4 million. That revenue would come from application and licensing fees and the sale of recreational marijuana. Q: Where will the tax money go? A: Measure 91 provides distribution of revenue after costs to the following: • 40 percent to Common School Fund • 20 percent to Mental Health Alcoholism and Drug Services • 15 percent to State Police • 10 percent to Cities for enforcement of the measure • 10 percent to Counties for enforcement of the measure • 5 percent to Oregon Health Authority for alcohol and drug abuse prevention FAQs: Recreational Marijuana (05/2015) 125 April Lucas From: Diana Shiplet [shipletd@ashland. or.us] Sent: Wednesday, March 25, 2015 1:52 PM To: 'Carol Voisin', 'Dave Kanner'; 'Greg Lemhouse'; 'John Stromberg'; 'Michael Morris'; 'Pam Marsh'; 'Rich Rosenthal'; stefani seffinger Cc: 'Bill Molnar'; 'April Lucas'; Khiller@nwlink.com Subject: FW: Let Us Know Submitted Council, I am forwarding this message to you, which was received via our website. -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-552-2100 or 541-488-6002, TTY 800-735-2900 This email transmission is official business of the City of Ashland, and is subject to Oregon Public Records law for disclosure and retention. If you ha ve received this message in error, please contact me. Thank you. From: City of Ashland, Oregon [mailto:ann ashland.or.us] Sent: Wednesday, March 25, 2015 1:28 PM To: adrninistrationCa)ashland.or.us Subject: Let Us Know Submitted * * * FORM FIELD DATA*** email: Khillerknwlink.com Name: Karen Hiller Report a Problem: We are owners of 980 Ivy Lane and would like to say, in the strongest terms, that there must be very strict laws on where marijuana is allowed to be grown in Ashland. One cannot use this outdoor areas nor sell their home if marijuana is grown in the vicinity. I believe the 4 plants for personal use must be grown indoors and no outdoor growth should be allowed. Karen Hiller 425-891-6434 USER INFORMA'T'ION SubscriberID: -1 SubscriberUserName: SubscriberEmail: SessionlD: 361574038 RemoteAddress: 66.55.92.75 RemoteHost: 66.55.92.75 RemoteUser: t 126 April Lucas From: Diana Shiplet [shipletd@ashland.or.us] Sent: Tuesday, March 24, 2015 9:55 AM To: AdrienneSiPDX@gmail.com Cc: 'Bill Molnar'; 'April Lucas'; 'Ann Seltzer'; 'Carol Voisin'; 'Dave Kanner'; 'Greg Lemhouse'; 'John Stromberg'; 'Michael Morris'; 'Pam Marsh'; 'Rich Rosenthal'; stefani seffinger Subject: FW: Let Us Know Submitted Adrienne, Thank you for your comments. I am forwarding them to the city council, as well as our community development department. -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-552-2100 or 541-488-6002, TTY 800-735-2900 This email transmission is official business of the City of Ashland, and is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me. Thank you. From: City of Ashland, Oregon [mailto:ann@ashland.mus] Sent: Tuesday, March 24, 2015 9:34 AM To: administration(cbashland.or.us Subject: Let Us Know Submitted * * * FORM FIELD DATA* * * email: AdrienneSiPDXCa)amail.com Name: Adrienne Simmons Report a Problem: I know this isn't the right place to provide this input, but I want to express my support for restrictions on growing marijuana outside. I wouldn't have had an opinion on this if I hadn't lived in a house that backed up to someone who had medical marijuana. When the plants were near time for harvest, the skunk smell was so unpleasant we couldn't sit outside on the patio (and that's when the weather is good,and you want to be able to sit outside). The terrible smell also makes it very difficult to sell a house if you have someone in close proximity to outdoor marijuana. If it didn't have a terrible smell I wouldn't care. But it does. 'We have ordinances about barking dogs, loud parties, and other nuisances. The smell is also a nuisance. Thanks for asking for public input. * * * USER INFORMATION SubscriberlD: -1 SubscriberUserName: SubscriberEmail: SessionID: 184616247 RemoteAddress: 66.241.73.187 RemoteI to st: 66.241.73.187 RemoteUser: 1 127