HomeMy WebLinkAbout2014-04-22 Planning PACKET
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ASHLAND PLANNING COMMISSION
STUDY SESSION
APRIL 22, 2014
AGENDA
I. CALL TO ORDER:Siskiyou Room, 51 Winburn Way
7:00 PM, .
II. ANNOUNCEMENTS
III. PUBLIC FORUM
IV. DISCUSSION ITEMS
A. Review of Planning Commission’s recommendation to Council on the Normal Neighborhood
Plan.
B. Review elements of a draft ordinance related to Medical Marijuana Dispensaries.
C. Clarification of recommendation to Council on Short Term Rentals
(Time Permitting).
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D. Ideas for upcoming Planning Commission Retreat on May 10.
V. ADJOURNMENT
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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).
Normal Neighborhood Plan
_________________________________
Planning Commission Report
DATE: April 22, 2014
TO: Ashland City Council
FROM: Ashland Planning Commission
RE: PA#20130-1858 Normal Neighborhood Plan
Planning Commission Recommendations
Summary
The Ashland Planning Commission held a public hearing on March 11, 2014 related to the
Comprehensive Plan, Comprehensive Plan Map, Transportation System Plan, and Ashland Land Use
Ordinance amendments proposed to implement the Normal Neighborhood Plan (Planning Action 2013-
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01858). The Commission concluded their review on April 8 and following discussion and deliberation
unanimously recommended the City Council approve of the Normal Neighborhood Plan with a number
of specific recommendations as outlined in this report.
The Normal Neighborhood Plan area is one of the last sizeable tracts of largely undeveloped land
designated for residential purposes in Ashland’s Urban Growth Boundary (UGB). The future
development of this area is expected to contribute toward accommodating long range population growth
consistent with the City’s Comprehensive Plan, and Ashland’s position in the Greater Bear Creek Valley
Regional Problem Solving Plan (RPS). The Planning Commission recognizes in order to maintain a
compact urban form and to ensure the orderly and sequential development of land (Comprehensive Plan
Goal 12.09) that neighborhood planning is an appropriate tool for this area. The creation of a
neighborhood plan in this area is particularly valuable as over three decades of development has
occurred in the area, under county standards, since the original Comprehensive Plan land use
designations were assigned to the area. Consideration of the area’s existing pattern of development,
presence of water resource protection areas, existing and projected traffic volumes, and public testimony
has allowed the Planning Commission to better understand the development constraints within the plan
area, and carefully address the coordinated provision of open space, transportation, infrastructure, and
housing.
Recommendations
The Planning Commission identified two categories of recommended amendments, those changes that
are minor editorial corrections, and those changes that have broader policy implications. Amendments
that are editorial in nature and necessary to clarify terminology and provide inter-document consistency
are to be included in the final documents presented to the City Council. A list of these editorial changes
is attached to this report (Appendix A). The Commission’s recommendations pertaining to allowable
land use standards, the stated purpose of open space, and the extent and timing of transportation system
improvements are addressed in this report as specific recommendations for Council’s consideration.
Comprehensive Plan Change and Land Use Designations
The Planning Commission supports the proposed Comprehensive Plan amendments and Land Use
Designation Overlay Zones as proposed, and recommends the following:
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Approval of the proposed amendment to the Ashland Comprehensive Plan Map to create a
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designation for the Normal Neighborhood Plan District, including revised boundaries for
Conservation Areas within the plan area.
Adoption of the Normal Neighborhood Plan Land Use Designations Overlay Zone Map.
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Adoption of the Normal Neighborhood Plan Framework document as a supporting document
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to the City’s Comprehensive Plan, with recommended changes to the mobility and open
space chapters as described below.
Mobility (Transportation) Framework
The Planning Commission supports the Street Network, Pedestrian and Bicycle Network, Green Street
Network, Shared Street Standard, and Street Classifications as proposed, and recommends approval of
amendments to the the City Transportation System Plan (TSP) and City Street Standards to incorporate
these elements of the Normal Neighborhood Plan as follows:
Amend to the Street Dedication Map (TSP Figure 10-1) to incorporate the plan area’s
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proposed Street Network, and reclassification of Normal “Avenue” to be a Neighborhood
Collector.
Amend the Planned Intersection and Roadway Improvement Map (TSP Figure 10-3) to
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include East Main Street as a Planned Roadway Project.
Amend the Planned Bikeway Network Map (TSP Figure 8-1) to incorporate the planned
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multi-use trails within the Normal Neighborhood Plan.
Amend the Street Design Standards within the Street Standards Handbook to incorporate the
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Shared Street classification.
The Planning Commission has specific recommendations relating to the timing of transportation
improvements associated with the future development of the plan area. In order to address current and
future transportation along to East Main Street, the Commission recommends the mobility chapter of the
Normal Neighborhood Plan Framework Document be amended to reflect the following:
The south side of East Main Street, from Walker Avenue to Clay Street, should be fully
improved to City Street Standards prior to, or coinciding with any future annexation and
development within the plan area.
A future transit stop, in the immediate vicinity of the NN-03 Land Use Zone, should be
incorporated into the East Main Street roadway design and development.
That prior to annexation and development within the plan area the following items relating to
the future Railroad crossing at Normal Avenue be addressed:
A final determination that the proposed public Rail Road crossing can be installed
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without necessitating the closure of any existing public crossing within the City.
A financing plan be developed and approved by the City for the future improvement of
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the rail road crossing.
Open Space Framework
The Planning Commission supports the Comprehensive Plan map amendment to establish designated
Conservation Ares as proposed, which include the Cemetery Creek and Clay Creek 100 year
Floodplains, Wetlands identified in the 2007 Local Wetland Inventory, and wetland and riparian buffer
areas consistent with the Water Resource Protection Zones. The Planning Commission further supports
the Open Space Network map as presented and recommends approval of these plan elements.
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
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The Planning Commission has determined that the provision of open space within the plan area has
environmental, recreational, and aesthetic value to the neighborhood. The contiguous open space
corridors are a neighborhood defining characteristic and as such the Planning Commission recommends
the Normal Neighborhood Plan Framework Document’s Greenway and Open Space chapter be amended
to further emphasize the community value of open space retention with a concluding statement on page
14 as follows:
The Normal Neighborhood’s distinctive character is shaped by the presence of prominent open
spaces and natural areas. The preservation of these neighborhood defining features is central to
the success of the neighborhood plan as they ensure the protection of fragile ecosystems, provide
passive recreational opportunities where people can connect with nature, protect scenic views
considered important to the community, protect future development from flood hazards, and
preserve community character and quality of life by buffering areas of development from one
another. The permanent establishment of interconnected open spaces and contiguous
conservation areas as proposed in the Open Space Framework is essential to promote and
maintain high quality residential development which is appropriate to the distinct character of
the neighborhood.
Land Use Ordinance
The proposed Normal Neighborhood District Land Use Ordinance will be reviewed as part of a separate
legislative process as it is to be incorporated into the Unified Land Use Ordinance (ULUO) process
presently underway. However, given the interrelated nature of the Normal Neighborhood Plan elements
the Planning Commission took testimony regarding the draft Normal Neighborhood District Land Use
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Ordinance at March 11 public hearing in order to evaluate the draft ordinance and formulate
recommendations for the Council’s consideration. The Planning Commission supports the draft land use
ordinance’s mix of land uses, housing types and proposed densities, Site Development and Design
Standards, and flexibility afforded by the proposed major and minor amendment provisions, with
following recommended policy change:
The Commission recommends the dimensional regulations in the proposed land use ordinance
(18-3.13.050) and the review procedures be amended to include a Conditional Use Permit to
increase building height from the proposed 35ft and 2½ story maximum up to 40ft and 3-
stories exclusively within the NN-03 and NN-03C zones. The Commission finds that such a
change would provide applicants greater site and building design flexibility in achieving the
stated densities (15 units per acre) within the NN-03 and NN-03-C zones, while retaining a
publically noticed review process to evaluate the bulk and scale of proposed buildings to
ensure neighborhood compatibility is preserved.
Conclusion
Through the two year public neighborhood planning process the Planning Commission has evaluated the
impacts of future development in consideration the of goal to ensure a variety of dwelling types and
provide housing opportunities for the total cross section of Ashland’s population, consistent with
preserving the character and appearance of the City (Comprehensive Plan goal 6.10). The resulting
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
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neighborhood plan strives to preserve the character of the neighborhood, accommodate a variety of
housing types, connect a system of greenways, protect and integrate existing creek corridors and
wetlands, and enhance mobility for area residents through establishing safe and direct walking and
bicycle routes. The Planning Commission finds the Normal Neighborhood Plan, with the additional
recommendations included in this report, achieves these objectives and will be a valuable guide for
future annexation and development of properties within the 94 acre area.
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
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Appendix A
Editorial Changes incorporated into the final plan documents
The editorial changes recommended by the Planning Commission and Staff were needed to clarify
terminology and provide inter-document consistency. These changes have already been incorporated
into the draft documents presented to the City Council for consideration. The following lists the specific
changes that were made to the plan documents presented at the first public hearing on March 11, 2014:
Amend the framework document (page 7) under Double Dwellings to strike NN-01 as a zone
where they are permitted.
Amend the Framework Document to alter references to Pedestrian Oriented Cluster Housing
(e.g top of page 7) to be consistent with the description of the Housing Type as written on
page 8.
Amend the Framework Document to eliminate statements that stipulate that rear alleys “help
to eliminate pavement” as although true in some site configurations it is not universally true
in all circumstances (pg 16).
Amend the Framework Document’s “Use Table” on page 10 to include Pedestrian Oriented
Cluster Housing as permitted in NN-02 and NN-03 consistent with the draft Land Use
Ordinance.
Amend the draft Land Use Code 18-3.13.040 as follows:
A2: The use regulations and development standards are intended to create, maintain and
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promote single-dwelling neighborhood character. A variety of housing types are allowed
including multiple compact attached and/or detached dwellings. Dwellings may be
grouped around common open space promoting a scale and character compatible with
single family homes. Development standards that are largely the same as those for single
dwellings ensure that the overall image and character of the single-dwelling
neighborhood is maintained.
B5: Pedestrian Oriented Cluster residential Units are multiple dwellings grouped around
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common open space that promote a scale and character compatible with single family
homes. Units are typically arranged around a central common green under communal
ownership. Auto Parking is generally grouped in a shared surface area or areas.
B7: Add a place holder for a Cottage Housing description consistent with the Unified
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Land Use Ordinance.
Amend the draft Land Use Code 18-3.13.050 to read as follows:
B1(e). Accessory residential units shall be included for the purposes of meeting
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minimum density calculation requirements for residential annexations as described in 18-
5.7.050F.
B2(b): Cottage Housing. In the NN-01 zone, developments meeting the standards of
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section 18-2.3.090 Cottage housing shall receive a density bonus consistent with 18-
x.xx.xxx .(to reference the density bonus put forth in the ULUO)
Amend the draft Land Use Code 18-3-13.060 to read as follows:
A3(a): Automobile Access to development is intended to be provided by alleys where
possible consistent with the street connectivity approval standards.
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Medical Marijuana Dispensaries
_________________________________
Memo
DATE: April 22, 2014
TO: Ashland Planning Commission
FROM: Maria Harris, Planning Manager
RE: Draft Ordinance Amendments for Medical Marijuana Dispensaries
Summary
Draft land use ordinance amendments for medical marijuana dispensaries are included
below. The amendments are based on the Planning Commission’s discussions at the
March 25 and April 8 meetings. The code language is provided for the Commission’s
review and discussion. Staff will incorporate the Commission’s comments and concerns
into the draft prepared for the public hearing on May 13.
Ordinance Amendments
The draft ordinance amendments add dispensaries as a special permitted use in the C-1
and E-1 zones. In addition to any other planning approvals that might be required (e.g.,
site review for an addition or new building), a proposed dispensary would be required to
meet additional “special use” standards including:
Property location on a street classified as a boulevard.
Hours of operation between 7 a.m. and 7 p.m.
Enclosed in a permanent building, and no outside storage of materials.
Any modifications to the site or exterior of the building must be consistent with
the Site Design and Use Standards, and security bars or prohibited on windows
and doors.
Provide for secure disposal of any marijuana remnants.
Conforms to state requirements for medical marijuana dispensaries and is
registered with the State.
The ordinance currently allows the special permitted uses in the E-1 zone to be permitted
uses in the M-1 zone. This approach is carried forward in the draft, and the language is
edited for clarity.
The Commission also discussed prohibiting consumption of marijuana at the April 8
meeting. The state rules for dispensaries require that a registered facility not permit
“consumption, ingestion, inhalation or topical application of usable marijuana anywhere
on the premises of the registered facility…” (OAR 333-008-1200). As a result, the
reference to conformance with state requirements would address this item.
In regards to the Commission recommendation to limit dispensaries to properties located
on boulevards, staff’s understanding is that the concern is twofold – security and traffic
impacts. The general concern is the impacts to surrounding neighborhoods because
dispensaries are a new and the potential impacts are somewhat unknown. The public
testified and the Commission discussed the additional security and natural surveillance
provided by locating dispensaries on busy streets with continuous traffic.
The public and Commission also discussed the potential traffic generated by
dispensaries. Information regarding the number of vehicle trips generated by
dispensaries is not available because it is a relatively new use. For comparison, the
following trip generation numbers are provided for a variety of uses.
a single-family home generates ten trips per day
a general office building generates 1.5 to 2 trips per hour for every 1,000 square
feet of gross floor area
a medical office generates 3.5 to 4.5 trips per hour for every 1,000 square feet of
gross floor area
a pharmacy without a drive-through window generates 8 to 11 trips per hour for
every 1,000 square feet of gross floor area
In anticipation of preparing a report for the Commission to the City Council, it would be
helpful to staff if the Commission indicates whether staff’s understanding of the
boulevard location issue and related recommendation is accurate.
Background
At the March 18 meeting, the Council directed staff to draft ordinance amendments as
soon as possible to address the location and review process for dispensaries in Ashland
for the Commission consideration and recommendation. Specifically, the Council
outlined an ordinance amendment that would: 1) permit dispensaries in the C-1 and M-1
zones, 2) prohibit dispensaries in the C-1-D zone (downtown), and 3) require a
conditional use permit for dispensaries in the employment zone.
Subsequently, the Council approved an ordinance imposing a temporary moratorium on
dispensaries at the April 15 meeting. Specifically, the moratorium temporarily prohibits
medical marijuana dispensaries in the Downtown Design Standards and E-1 zones.
However, lots which are located in E-1 zones and front boulevards would not be subject
to the moratorium. The moratorium is effective from March 1, 2014 until May 1, 2015.
Medical Marijuana Dispensaries Discussion Draft Planning Commission
April 22, 2014Page 2 of 8
additions
Annotated to show to the code sections being modified. Additions are
bold underline
in.
AMC Chapter 18.08 \[Definitions\] is hereby amended to read as follows:
SECTION 18.08.486 Medical Marijuana Dispensaries.
Any facility registered by the Oregon Health Authority under ORS 475.300 to
475.346 that dispenses marijuana pursuant to ORS 475.314 or any other
provision of Oregon law.
AMC section 18.32.025 \[C-1 Retail Commercial District –Special Permitted
Uses\] is hereby amended to read as follows:
SECTION 18.32.025 Special Permitted Uses.
The following uses and their accessory uses are permitted outright subject to the
requirements of this section and the requirements of Chapter 18.72, Site Design
and Use Standards.
A.Commercial laundry, cleaning and dyeing establishments.
1. All objectionable odors associated with the use shall be confined to the lot
upon which the use is located, to the greatest extent feasible. For the
purposes of this provision, the standard for judging "objectionable odors"
shall be that of an average, reasonable person with ordinary sensibilities
after taking into consideration the character of the neighborhood in which
the odor is made and the odor is detected.
2. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
B.Bowling alleys, auditoriums, skating rinks, and miniature golf courses.
If
parking areas are located within 200' of a residential district, they shall be
shielded from residences by a fence or solid vegetative screen a minimum of 4'
in height.
C.Automobile fuel sales, and automobile and truck repair facilities.
These
uses may only be located in the Freeway Overlay District as shown on the
official zoning map.
D.Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least 50%
of the total lot area if there are multiple buildings shall be designated for
permitted or special permitted uses, excluding residential.
2. Residential densities shall not exceed 30 dwelling units per acre in the C-1
District, and 60 dwelling units per acre in the C-1-D District. For the
purpose of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
3. Residential uses shall be subject to the same setback, landscaping, and
design standards as for permitted uses in the underlying C-1 or C-1-D
District.
4. Off-street parking shall not be required for residential uses in the C-1-D
District.
5. If the number of residential units exceeds 10, then at least 10% of the
residential units shall be affordable for moderate income persons in accord
with the standards established by resolution of the Ashland City Council
Medical Marijuana Dispensaries Discussion Draft Planning Commission
April 22, 2014Page 3 of 8
through procedures contained in the resolution. The number of units
required to be affordable shall be rounded down to the nearest whole unit.
E.Drive-up uses as defined and regulated as follows:
1. Drive-up uses are defined as any establishment which by design, physical
facilities, service or by packaging procedures encourages or permits
customers to receive services, obtain goods other than automobile fuel, or
be entertained while remaining in their motor vehicles. The components of a
drive-up use include kiosks, canopies or other structures; windows; stalls;
queuing lanes and associated driveways. Drive-up uses may be approved
in the C-1 District only, and only in the area east of a line drawn
perpendicular to Ashland Street at the intersection of Ashland Street and
Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined
in the Comprehensive Plan. The four existing non-conforming financial
institution drive-up use in operation in the Historic Interest Area as of
August 7, 2012 may redevelop or relocate within the C-1 and C-1-D zoned
portions of Ashland Historic Interest Area subject to the following
requirements:
a. Relocation or redevelopment of a drive-up use within the C-1 or C-1-D
zoned portions of the Historic Interest Area shall be subject to a Type II
Site Review procedure as a Special Permitted Use.
b. Relocated or redeveloped drive-up uses may only be placed on a
secondary building elevation, and only accessed from an alley or
driveway. A secondary building elevation is defined as a building’s side
or rear elevation which does not face a street, other than an alley.
c. Driveways serving relocated or redeveloped drive-up uses shall not
enter from or exit to a higher order street frontage or through a primary
elevation of the building, and driveways or queuing lanes shall be not
placed between a building and the right-of-way other than an alley.
d. No demolition of or exterior change to a building considered to be a
historic resource shall be permitted to accommodate the relocation or
redevelopment of a drive-up use.
e. Regardless of the number of drive-up windows/lanes in use in the
current location, with a relocation or remodel the number of
windows/lanes shall be reduced to one (1).
3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds
for revocation of the approval.
b. All facilities providing drive-up service shall provide at least two
designated parking spaces immediately beyond the service window or
provide other satisfactory methods to allow customers requiring
excessive waiting time to receive service while parked.
c. A means of egress for vehicular customers who wish to leave the
waiting line shall be provided.
d. The grade of the stacking area to the drive-up shall either be flat or
downhill to eliminate excessive fuel consumption and exhaust during the
wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
Medical Marijuana Dispensaries Discussion Draft Planning Commission
April 22, 2014Page 4 of 8
f. Sufficient stacking area shall be provided to ensure that public rights-of-
way are not obstructed.
g. The sound level of communications systems shall not exceed 55
decibels at the property line and shall otherwise comply with the
Ashland Municipal Code regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on
July 1, 1984. Drive-up uses may be transferred to another location in
accord with all requirements of this section. The number of drive-up
window stalls shall not exceed 1 per location, even if the transferred use
had greater than one stall.
i. A separate ministerial “Drive-Up Transfer” permit shall be obtained for
the transfer of any drive-up use when such transfer is not associated
with a Site Review or Conditional Use permit application in order to
formally document transfer of the use.
j. Drive-up uses which are discontinued without a properly permitted
transfer shall be deemed to have expired after unused for six (6)
months. Discontinuation of a drive-up use is considered to have
occurred when the drive-up use is documented as having ceased on
site through a ministerial, Site Review or Conditional Use permit review,
or upon on-site verification by the Staff Advisor.
k. All components of a drive-up use shall be removed within sixty (60)
days of discontinuation of the use through abandonment, transfer,
relocation or redevelopment.
F. Kennel and veterinary clinics
where animals are housed outside, provided
the use is not located within 200' of a residential district.
G. Medical marijuana dispensaries meeting the following requirements:
1. The dispensary is located on a property with a boundary line adjacent
to a boulevard, except that such use shall not be permitted in the C-1-D
zone; and
Option:Rather than using the C-1-D zone, another option is to
prohibit dispensaries in the Downtown Design Standards Zone (see
map included with March 11 Planning Commission packet). The
difference between the two zones is:
C-1-D – does not include commercial properties north of
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Lithia Way. A dispensary therefore could be located on the
north side of Lithia Way on a commercially zoned property,
but not located on the south side of Lithia Way in the C-1-
D zone.
Downtown Design Standard Zone – includes commercial
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properties north of Lithia Way, and therefore would extend
the area where dispensaries are prohibited.
2. Operating hours shall be no earlier than 7:00 a.m. or later than 7:00
p.m. of the same day.; and
3. The dispensary shall be located in a permanent building and may not
locate in a trailer, cargo container, or motor vehicle. Outdoor storage of
Medical Marijuana Dispensaries Discussion Draft Planning Commission
April 22, 2014Page 5 of 8
merchandise, raw materials, or other material associated with the
business is prohibited.; and
4. Any modifications to the subject site or exterior of a building housing a
dispensary shall be consistent with the Site Design Use Standards, and
obtain Site Review approval if required in section 18.72.030. Security
bars or grates on windows and doors are prohibited.; and
5. The dispensary shall provide for secure disposal of marijuana remnants
or by-products, and such remnants or by-products shall not be placed
within the facility’s’ exterior refuse containers.; and
6. The dispensary is registered with the Oregon Health Authority under
the State of Oregon’s medical marijuana facility registration system
under ORS 475.300 – ORS 475.346, and meets the requirements of OAR
Chapter 333 Division 8 Medical Marijuana Facilities.
AMC section 18.40.030 \[E-1 Employment District – Special Permitted Uses\] is
hereby amended to read as follows:
SECTION 18.40.030 Special Permitted Uses.
The following uses and their accessory uses are permitted outright subject to the
requirements of this section, including all requirements of 18.72, Site Design and
Use Standards.
A. Bottling plants, cleaning and dyeing establishments, laundries and creameries.
1. All objectionable odors associated with the use shall be confined to the lot
upon which the use is located to the greatest extend feasible. For the
purposes of this provision, the standard for judging "objectionable odors"
shall be that of an average, reasonable person with ordinary sensibilities
after taking into consideration the character of the neighborhood in which the
odor is made and the odor is detected.
2. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
B. Wholesale storage and distribution establishments. Provided, however, that for
the uses specified in subsection A and B above, no deliveries or shipments shall
be made from 9pm to 7am where the property on which the use is located is
within 200 feet of any residential district.
C. Recycling depots, provided the use is not located within 200’ of a residential
district.
D. Kennels and veterinary clinics where animals are housed outside, provided the
use is not located within 200’ of a residential district.
E. Residential uses. As indicated as R-Overlay on the official zoning map, and in
conformance with the Overlay Zones chapter 18.56.
F. Cabinet, carpentry, machine, and heating shops, if such uses are located
greater than 200’ from the nearest residential district.
G. Manufacture of food products, but not including the rendering of fats or oils. For
any manufacture of food products with 200’ of a residential district:
1. All objectionable odors associated with the use shall be confined to the lot
upon which the use is located, to the greatest extent feasible. For the
purposes of this provision, the standard for judging “objectionable odors”
shall be that of an average, reasonable person with ordinary sensibilities
after taking into consideration the character of the neighborhood in which the
Medical Marijuana Dispensaries Discussion Draft Planning Commission
April 22, 2014Page 6 of 8
odor is made and the odor is detected. Odors which are in violation of this
section include but are not limited to the following:
a. Odors from solvents, chemicals or toxic substances.
b. Odors from fermenting food products.
c. Odors from decaying organic substances or human or animal waste.
2. Mechanical equipment shall be located on the roof or the side of a building
with the least exposure to residential districts. Provided, however, that it may
be located at any other location on or within the structure or lot where the
noise emanating from the equipment is no louder, as measured from the
nearest residential district, than if located on the side of the building with
least exposure to residential districts. Mechanical equipment shall be fully
screened and buffered.
H. Cold Storage Plants, if such uses are located greater than 200’ from the
nearest residential district.
I. Automobile and truck repair facilities, excluding auto body repair and paint
shops. All cars and trucks associated with the use must be screened from view
from the public right-of-way by a total sight obscuring fence. Facilities of 3 bays
or larger shall not be located within 200’ of a residential district.
J. Medical marijuana dispensaries meeting the following requirements:
1. The dispensary is located on a property with a boundary line adjacent
to a boulevard.; and
2. Operating hours shall be no earlier than 7:00 a.m. or later than 7:00
p.m. of the same day.; and
3. The dispensary shall 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.; and
4. Any modifications to the subject site or exterior of a building housing a
dispensary shall be consistent with the Site Design Use Standards, and
obtain Site Review approval if required in section 18.72.030. Security
bars or grates on windows and doors are prohibited.; and
5. The dispensary shall provide for secure disposal of marijuana remnants
or by-products; such remnants or by-products shall not be placed
within the facility’s’ exterior refuse containers.; and
6. The dispensary is registered with the Oregon Health Authority under
the state of Oregon’s medical marijuana facility registration system
under ORS 475.300 – ORS 475.346, and meets the requirements of OAR
Chapter 333 Division 8 Medical Marijuana Facilities.
AMC section 18.52.020 \[M-1 Industrial District –Permitted Uses\] is hereby
amended to read as follows:
SECTION 18.52.020 Permitted Uses.
The following uses and their accessory uses are permitted outright:
A. Any manufacturing, processing, assembling, research, wholesale or
storage use.
B. Railroad yards and freight stations, trucking and motor freight stations
and facilities.
Medical Marijuana Dispensaries Discussion Draft Planning Commission
April 22, 2014Page 7 of 8
C. Public and public utility service buildings, structures and uses.
Permitted, special permitted andCc
D.onditional uses in the Employment
18.40.020,
District listed in Section 18.40.030 and 18.40.040 of this
Chapter, except residential uses.
E. Building materials sales yards.
F.Permitted uses in the Employment District listed in Section
18.40/020 of this Chapter.
Medical Marijuana Dispensaries Discussion Draft Planning Commission
April 22, 2014Page 8 of 8
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Short Term Rentals
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Public Input