Planning Commission Minutes 2013 08 08

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Planning Commission Meeting Minutes August 8, 2013 Page 3 of 7 Sales of paraphernalia  Distance (Buffer) Requirements: Robinson summarized the existing medical marijuana requirements regarding the buffer from schools, playgrounds, pools, alcohol and drug treatment facilities and daycares (1,320 feet). Staff recommends a 1,000 foot buffer from schools and public playgrounds. The recommendation is based on the recommended federal buffer. Other topics included in the discussion were: How the 1,320 foot buffer was established.  Recommendations from City Council include a 500 foot buffer, similar to the  liquor licenses buffer. Consideration of foot traffic  Difference between Old Town Overlay Zone District and Old Town.  Location of new schools, etc within the recommended buffer – how they would be  informed. Current tenant leave or business changes ownership – depends on how the  transfer of business is handled. For discussion purposed only the transfer of a liquor license from one owner to another was detailed. Other municipalities – most are in a state of flux – no city has adopted or passed  regulations but several are working on them. Separation Requirements: Staff reported the retail marijuana business has no minimum separation requirements. Staff believes the market will prevent excessive clustering of retail establishments. Also, there are no separation requirements between retail and medical businesses. This will allow the current retail business to operate with a dual license. Store Size: Staff stated a maximum size of 5,000 SF would allow stores to be successful and serve the residents of Louisville without being a regional draw. As a comparison the medical marijuana businesses can be 1,800 SF. Once the retail marijuana ordinance is adopted then staff will bring forward an ordinance to align the medical and retail requirements. Performance Criteria: Staff reviewed the draft ordinances and the performance criteria for the retail marijuana establishments would include the following: offsets from schools and playgrounds, maximum retail store size, not allowed on city property, not allowed in a dwelling unit or any residentially zone district, not allowed in a zone district where the use is not permitted. Signage: Staff is not recommending any specific restrictions; the store must comply with the already established design standards for guidelines for their location. Robinson concluded by stating staff recommends approval of Resolution No. 17, Series 2013 recommending approval of the amendments to Title 17. Public Comment: Michael Menaker, 1827 W. Chokecherry Dr stated one concern regarding the ability of the two (2) established medical marijuana to operate and convert to retail. He stated his support of similar regulations of the Liquor License Authority. Additional Discussion between the Commission Members and Staff: Brauneis stated he is not convinced that 500’ or 1,000’ is the right distance. Tengler stated he had no concerns with a shop on Front or Main Streets.