Planning Commission Minutes 2011 02 10

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Planning Commission Meeting Minutes January 13, 2011 Page 2 of 8 1) Jefferson Place Subdivision possible Historic District and the inclusion property in the district 2) “Savor the Favor” benefit for the local seniors to help pay utility bills. Regular Business – Public Hearing Items: Resolution No. 03, Series 2011 – Medical Marijuana Ordinance – A  resolution recommending to City Council to consider amendments to the Louisville Municipal Code Title 5 and 17 to allow for marijuana operations and establish business licensing requirements. Continued from the January 13, 2011 Planning Commission public hearing.  Case Manager: Troy Russ, Planning and Building Safety Director Public Notice Certification: This was a continued item from the January 13, 2011 therefore new notice was not required. Conflict of Interest and Disclosure: None heard. Staff Report of Facts and Issues: Russ noted the revised Section 5 and requested a motion to enter it into public record. Loo moved and Pritchard seconded a motion to enter the document into public record. Motion passed by voice vote. Russ continued with a brief review of discussion at the previous Planning Commission hearing regarding the Medical Marijuana Ordinances. He stated staff has addressed the three topics identified by the Planning Commission: 1) Why the scheduling/timing of the ordinance adoptions seems to be urgent. 2) Is the vulnerable population being adequately protected. 3) Why cultivation is not being included. Russ provided the following comments regarding cultivation. It is felt by staff there is not enough data at this time regarding either the positive or negative impacts associated with cultivation facilities. It remains staff recommendation to prohibit cultivation at this time and proceed with caution until more statistically relevant date is available. Russ reviewed the ordinance modification as follows: 1) Expanded definition properly incorporates potential auxiliary land uses associated with either public or private education: a. Staff continues to recommend the one thousand three hundred twenty (1,320) foot buffer around: a public or private preschool, elementary, middle, junior high or high school; an alcohol or drug treatment facility; the principal campus of a college, university or seminary; or a residential child care facility. b. Staff recommends the inclusion of “contracted continuing education program (s) offered by public or private school, or school district”.