Business Retention and Development Committee Agenda and Packet 2019 02 04

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SUBJECT: ORDINANCE 1769, SERIES 2019 — MARIJUANA ORDINANCE UPDATES DATE: JANUARY 8, 2019 PAGE 3 OF 15 The following is a summary of the main regulations contained in the current code: • Requires a 1,320-foot buffer between a marijuana store and 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 childcare facility. • Requires 1,320-foot spacing between medical stores (there is no spacing requirement for retail stores). • Prohibits medical and retail businesses in Downtown. • Limits size of medical stores to 1,800 square feet, retail stores to 2,000 square feet, and shared retail/medical stores to 3,800 square feet. • Limits hours of operation of medical and retail stores to 8 am — 10 pm. • Limits the language and design of signage. • Limits the number of retail stores allowed in the City to four. City Council Discussions 2018 The City Council included a review of the City's current marijuana regulations on its 2018 work plan. Council held discussions on February 27, 2018, April 17, 2018 and November 5, 2018 (see Attachments 5-7) and provided the following direction to staff for drafting an ordinance for review by Planning Commission and City Council: • Align the medical and retail marijuana requirement with liquor store requirements. • Align the rules for medical and retail marijuana. • Continue the ban on sales downtown. • Maintain the sales hours of 8 am — 10 pm. • Allow stores (medical, retail, and combined) to be up to 5,000 square feet. • Allow production and testing for both medical and retail products. • Align the zoning for production and testing to include industrial areas. • Remove the four -store limit. • Reduce the distance from schools to 500 feet from 1,320 feet and only require that setback from primary schools and higher. This removes the distance requirement from daycares, parks, playgrounds, outdoor pools, outdoor education facilities serving children, alcohol and drug treatment centers, and residential childcare facilities. • Require a distance of 1,500 feet between stores. • Allow for manufacturing in industrial areas. • Allow for cultivation in industrial areas. Planning Commission December 13, 2018 Public Hearing The Planning Commission held a public hearing on December 13, 2018 to review Ordinance 1769, Series 2019 (see Attachment 8 for draft minutes). The Commission voted six to one to recommend approval with the following conditions: 1. Limit the number of stores to eight. 2. Remove the requirement for 1,500-foot spacing between stores. CITY COUNCIL COMMUNICATION