Planning Commission Agenda and Packet 2018 12 13

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Planning Commission Staff Report December 13, 2018 • Allows retail medical marijuana manufacturing (including infused products) in the I and C-B zone districts. Currently, retail marijuana manufacturing is not allowed. This matches the current proposal for a medical marijuana businesses. • Requires verification from an industrial hygienist that infused products manufacturing meets minimum standards. • Allows medical marijuana stores and testing in the Planning Community Zone District (PCZD) commercial and office areas, as long as mixed residential is not included on the same lot as the proposed marijuana business. Allowing medical sales matches the current allowance for retail marijuana businesses. • Allows medical and retail marijuana cultivation in the I zone district. Currently, both medical and retail marijuana cultivation are prohibited. • Requires that a ventilation system be installed for all marijuana businesses, including cultivation, with a standard that no odor leave the premises. The premises is defined as the building where the operations are taking place. BACKGROUND: The City adopted its original medical marijuana regulations in 2011 by Ordinance 1590- 2011 and Ordinance 1591-2011 (see Attachment 3 for City Council Packet and Minutes) and retail marijuana regulations in 2013 by Ordinance 1649-2013 and Ordinance 1650- 2013 (see Attachment 4 for City Council Packet and Minutes). The ordinances allowed certain marijuana businesses consistent with State Amendments 20 and 64, which legalized medical and retail marijuana businesses under State Law. In 2014, the code was updated to prohibit marijuana clubs by Ordinance 1667-2014 (see Attachment 5 for City Council Packet and Minutes). The City's regulations limit size and location of each business type and allows medical sales, testing and production and retail sales in C-B zone district and medical and retail testing as a special review use in several other office and business zone districts. Currently, the City has issued licenses for one retail business and one combined medical and retail business, both located at Colony Square shopping center, located southwest of McCaslin Blvd. and Dillon Rd. A third retail license application was recently submitted and is currently under review for 972 Dillon Road. No licenses for testing facilities have been issued. The following is a summary of the main regulations contained in the current code: • A marijuana business may not be locate within 1,320 feet of: a public or private preschool, elementary, middle, junior high, or high school; a public playground or outdoor pool; an outdoor education facility serving children; an alcohol or drug treatment facility; the principal campus of a college, university, or seminary; or a residential child care facility. • Medical stores most be located at least 1,320 feet from any other medical store. • Medical and retail businesses are not allowed in Downtown. • A medical store is limited to 1,800 square feet. Marijuana Code Amendments Page 2 of 12 PC — December 13, 2018 21