Following the passage of Amendment 2 in November 2016, the State legislature passed a bill that allows local jurisdictions to either ban medical marijuana treatment center dispensing facilities (“dispensing facilities”) or allow them and regulate them with no more restrictions than are applied to pharmacies. At its August meeting, the City Council approved Ordinance #2017-2116, which allows dispensing facilities as a permitted use in the C-1, C-2, Highway Commercial, Office and Light Industrial Districts; the ordinance also prohibits pharmacies in the Downtown District. Council directed Staff to draft development standards for dispensing facilities and pharmacies.
This ordinance provides those development standards, which address building setbacks, minimum lot area, minimum lot width, maximum building heights, off-street parking requirements and design criteria. It also addresses the minimum separation distances medical marijuana treatment center dispensing facilities must maintain from schools as required per the State bill. The State bill allows the local jurisdictions to find, via the public hearing process, that a reduced separation distance is acceptable.
The list of prohibited uses in the Downtown District has been amended to specifically prohibit “medical marijuana treatment center dispensing facilities,” “restricted personal service uses” and “pharmacies.” Uses that are classified as “restricted personal service uses” have been deleted to avoid duplication ("restricted personal service uses" are defined in the Code as "commercial retail and service uses, including, blood plasma centers, body piercing establishments, check cashing stores, day labor establishments, pawn shops, and tattoo parlors"). The “convenience stores” use has been renumbered to maintain the list’s alphabetical order. The changes to the list of prohibited uses in the Downtown District prompted the need for an amendment to the definition for “convenience store” and the establishment of definitions for “grocery store” and “pharmacy.”
The proposed new language is shown with underlining and deleted language is shown with strikethrough.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan objectives and policies:
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Future Land Use Element Policy 1.1.2 - To implement this Comprehensive Plan, the City shall continue to implement land development regulations that contain specific and detailed provisions…
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Future Land Use Element Objective 1.3 - Design commercial development that is compatible with environmental and economic resources, enhances access and circulation, results in a positive and attractive built environment and will be in keeping with the needs and character of the community.
- Future Land Use Element Policy 1.3.2 - The City shall promote commercial development that serves to maintain or enhance the economic health of the City, and to increase job opportunities, per capita income and convenience for residents.