Planning Commission Agenda and Packet 2011 02 10

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Planning Commission Staff Report February 10, 2011 The purpose of these performance standards is threefold. First, the quarter mile (1,320 - foot) school buffer requirement is generated from model ordinances from other communities. Separation requirements from such uses as schools, and residential child care facilities are advisable because of the concern that exposure of youth to medical marijuana businesses could decrease their perception of harm related to the use of marijuana, or other drugs. 1,320 -feet represent a five minute walk at three miles per hour. It is also a distance referenced throughout the country as the maximum distance the majority of Americans are willing to walk. Second, a maximum of two medical marijuana businesses within a quarter mile (1,320) foot radius is intended to avoid "clusters" of businesses so as to minimize their cumulative impact on any particular area of the community. And finally, the maximum leasable square foot allowance of eighteen hundred (1,800) square feet is intended to prevent over -sized facilities and to minimize cumulative impact on any particular area. 1,800 square feet is the typical size (30' by 60') provided to retail tenants within a strip center, or Main Street environment. The combination of Title 17 Amendments relegating medical marijuana operations to only the C -B District, along with the spatial requirements recommended with the new licensing requirements, staff estimates that there is a possibility for six (6) medical marijuana centers within the City of Louisville. FISCAL IMPACT Two medical marijuana businesses currently operate in the City of Louisville. Because there are only two, staff cannot disclose the revenue generated by these operations without violating laws concerning the confidentiality of that information. However, we can say if the two medical marijuana businesses continue to generate sales tax at the current rate, both operations will be among the City's top 50 sales tax generating vendors for 2011. Accordingly, sales tax generated from medical marijuana is a significant source of revenue for the City. However, zoning, enforcement, licensing and supervision of medical marijuana businesses will be the responsibility of the City and will necessarily require additional staff time and resources. RECOMMENDATIONS Staff recommends that the Planning Commission approve a Resolution No. 3, Series 2011 recommending to City Council approval of Ordinance No. , Series 2011, amendments to Title 17 related to Medical Marijuana. ATTACHMENTS: 1. Resolution No. 3, Series 2011 2. Medical Marijuana Setback Map 3. Ordinance No. 1557, Series 2009 4. Ordinance No. 1561, Series 20009 5. Ordinance No. 1574, Series 2010 6. HP 1284 7. Ordinance No. , Series 2011 — (Title 17 Amendments) 9