Planning Commission Agenda and Packet 2011 02 10

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Medical Marijuana Operations and Business Licensing Requirements (Continuation from January 13, 2011) PLANNER: Troy Russ, Planning and Building Safety Director APPLICANT: City of Louisville REQUEST: To consider amendments to the Louisville Municipal Code Title 17 to allow for medical marijuana operations ITEM: Planning Commission Staff Report February 10, 2011 PUBLIC HEARING CONTINUATION: SUPPLEMENTAL INFORMATION The Louisville Planning Commission continued the January 13 public hearing regarding Medical Marijuana Operations and Business Licensing Requirements to the February 10, 2011 public hearing. Staff has prepared modifications to the recommended Title 17 Amendments which further refine the location and compatibility criteria of potential medical marijuana businesses within the City of Louisville. In addition, the Louisville Licensing Authority met on January 24, 2011 to discuss Title 5 Amendments regarding business licensing requirements. The revised Title 5 Ordinance is attached for informational purposes only. Planning Commission is being asked to review Title 17 Amendments, not Title 5 amendments. Clarifications Staff is continuing to recommend against allowing cultivation facilities within the City of Louisville. It is the opinion of staff there is not enough data at this time regarding either the positive or negative impacts associated with cultivation facilities. Anecdotal evidence illustrates both sides of an argument that lacks data to for confirmation. One series of arguments state cultivation facilities provide a viable land use that promotes economic activity with little impact on neighbors and City services, while the counter arguments state cultivation facilities will increase crime and stagnate growth and redevelopment. Staff's recommendation is to prohibit cultivation at this time and proceed with caution until more statistically relevant data is available. Ordinance Modification In reviewing the public comments, inquiries, and discussion from the January 13 Planning Commission public hearing, planning staff has reevaluated the location and compatibility criteria and is recommending 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; be expanded to include "contracted continuing education program(s) offered by a public or private school, or school district ". It is staff's opinion the expanded definition properly incorporates potential auxiliary land uses associated with either public or private education.