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HomeMy WebLinkAbout03-11-10 City Commission Packet Materials.pdf1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Interim Planning Director Chris Kukulski, City Manager SUBJECT: Interim ordinance re location of commercial medical marijuana MEETING DATE: March 11, 2010 AGENDA ITEM TYPE: Action. RECOMMENDATION: Adopt interim ordinance . BACKGROUND: On November 2, 2004, 62% of Montana voters acted to approve initiative 148 allowing for the use of medical marijuana. This initiative enacted a state law (Title 50, Chpt. 76, MCA) with certain requirements for state review and issuance of possession permits. It did not give specific direction or guidance on how local governments could or should address areas of local concern such as zoning, business licensing, local clean air regulations, or enforcement of already existing laws as they pertain to the use, consumption and distribution of medical marijuana. The City of Bozeman has regulated medical marijuana within the existing land use ordinance definitions, procedures, and allowed locations. A distinction is made between the personal use by an individual as allowed in state law and a commercial endeavor conducted on behalf of others. The commercial activities have a more intensive set of impacts which justifies the distinction in regulation. Interim Ordinance Process – A) The City Commission, on March 1, 2010, directed staff to prepare a draft interim ordinance for consideration of temporary restrictions on the location of commercial medical marijuana establishments. The process for an interim zoning ordinance is established in Section 76-2-306, MCA. The section allows the adoption of a zoning ordinance through an expedited process but the ordinance has a limited duration. The purpose is to create a short-term ‘hold’ while a community researches an issue and prepares a thoughtful and appropriate response to an unexpected land use issue. The City has used interim zoning multiple times in the past. Reasons have ranged from changes in federal law to site development applications with exceptional community impact. The staff has prepared the draft ordinance for Commission consideration. The ordinance restricts location of 2 any commercial operation for medical marijuana which is within 1,000 feet of defined uses, including schools. The term “school” as defined in Section 18.80.2700, BMC is worded quite broadly. There is some question of whether the term “school” as intended by the Commission for the purpose of this interim ordinance included daycares (which may also have kindergarten services), K-12 public and private schools, vocational schools, and Montana State University. The existing definition would exclude most daycares but include MSU and vocational schools. Staff has prepared maps which show locations, with 1,000 foot buffers, of the items currently included in the interim ordinance. Maps have been prepared which show the areas of town which would be subject to the proposed area limitation. In collecting the data for preparation of the maps, Staff noted that the locations of daycares and schools are quite distributed in the community. The separation requirement is applied broadly may eliminate the great majority of the commercially zoned portions community as a possible location for medical marijuana commercial activities. The following items were mapped and served as the basis for the exclusion areas. All exclusion areas were measured from the outer property boundary related to the use. Data source is also cited. Daycares – Addresses were obtained from the state Department of Public Health and Human Services (DPHHS). Daycares which provide services to three or more children besides their own must register with the DPHHS. Daycare services range from a family daycare with a single person watching a few children to daycare centers which may have over 100 children enrolled. Ages range from new born through early teen. Additional non-licensed daycares may exist but we do not have a reasonable basis to identify them. The data for daycares was not available as of Monday, March 8 th , so the map does not show them at this time. We expect to have that data available and mapped by the Commission hearing on March 11 th . K-12 schools – These include the public schools operated by District 7. It does not include non-instructional facilities like the bus barn on N. 27 th Avenue. These also include private schools registered with the Gallatin County Superintendent of Schools. Some of these private schools are limited to the Kindergarten class level and are integrated with daycare centers. Montana State University – The MSU instructional and residential core area bounded by S 19 th Avenue, Kagy Blvd, College Street and S. 7 th Avenue was used. The interim ordinance as presented shows each of these as a specific line item. If the Commission does not wish to include MSU for example, they may simply strike that line from the ordinance before final action. Alternatively, if there are additional locations, such as vocational schools, they could be added. If the Commission so choose, they could also include a separation requirement between medical marijuana providers within the area where they would be allowed to continue to seek approval during the duration of the interim ordinance. The 1,000 foot distance in the interim ordinance is derived from a criminal sentencing enhancement guideline affecting schools. A different distance could be used for other purposes. 3 B) An interim ordinance may not be adopted for more than 6 months initially. There are provisions to extend the interim if needed but extensions are also limited in duration. The formal zoning process is time consumptive to ensure opportunity for public participation and discussion of possible legislative action. Minimum steps required include: • Formal public notice not less than 15 days before a public hearing; • Public hearing by the Zoning Commission and recommendation to the City Commission • Public hearing by the City Commission; • First Reading of a draft ordinance; • Second Reading of a draft ordinance not less than 12 days after the 1 st reading; • Effective date not sooner than 30 days after the 2 nd reading. If the Commission concludes at any point during the process that long term ordinance changes are not necessary they may terminate the interim ordinance. Commission directed the Staff to carry forward the project as expeditiously as possible. A formal notice was published in the Bozeman Daily Chronicle to give the minimum of 7 days public notice required for an interim zoning ordinance. The City Commission is conducting a special public meeting on March 11 th at Noon to consider adoption of the interim ordinance. C) As presently worded, the interim ordinance applies to any application for City approval currently pending as well as to application which may be submitted during the term of the interim ordinance. FISCAL EFFECTS: None anticipated at this time beyond the commitment of staff resources to research and draft the ordinance. ALTERNATIVES: 1) Decline to adopt the interim ordinance and leave all regulations in place as they currently exist. 2) Adopt the interim ordinance as presented. 3) Adopt the interim ordinance with additions or deletions to the list of uses subject to the separation requirement, with a modified distance for the separation requirement or other adjustment. 4) Other actions s as suggested by the City Commission. Attachments: Ordinance Report compiled on: March 8, 2010 Page 1 of 5 ORDINANCE NO. 1782 AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18, UNIFIED DEVELOPMENT ORDINANCE, OF THE MUNICIPAL CODE TO CREATE SECTION 18.40.220 FOR A PERIOD OF SIX MONTHS. Preamble This ordinance is to protect the public peace, property, health and safety through the adoption, as an urgency measure, of amendments to the allowed uses within the Residential Manufactured Home Community District. WHEREAS, there has been a rapid and unexpected increase in interest In the growing, production, processing, and dispensing of medical marijuana in the City of Bozeman; and WHEREAS, the City Commission has previously adopted land use and zoning definitions and procedures; and WHEREAS, the adopted ordinances allow the creation of and location of businesses related to medical marijuana in areas not deliberately considered for such use; and WHEREAS, the development and review of changes to Title 18 of the Bozeman Municipal Code, Unified Development Ordinance, to address medical marijuana will require numerous formal steps to inform and involve the public prior to any proposed changes taking place; and WHEREAS, the process to involve the public and to create permanent zoning or general ordinances will take at least four months – a period of time that could allow additional medical marijuana facilities to surface in areas adjacent to schools; and WHEREAS, the City Commission believes medical marijuana facilities located within 1000 feet of a school facility could have a detrimental effect on school-aged children; and Page 2 of 5 WHEREAS, the City Commission wishes to carefully consider options regarding correct locations for growth, processing, distribution, and other related land uses of medical marijuana and how they relate to other activities in the community prior to permanently adopting changed regulations; and WHEREAS, the City Commission is concerned with the potential effects of such changes on individuals and on the community as a whole; and WHEREAS, Section 76-2-306, Montana Code Annotated, provides for adoption of an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the legislative body is considering or studying, or intends to study; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 The uses of Agriculture, Retail, Manufacturing, and Office as defined in Chapter 18.80 and assigned to geographic locations through the adopted zoning map and Chapters 18.16, 18.18, 18.19, 18.20, 18.22, and 18.24 BMC are to include, as limited by Section 2 of this Ordinance, a separation requirement in certain circumstances by creating Section 18.40.220. The separation requirements are as follows: 18.40.220 MEDICAL MARIJUANA “Any activity meeting the definitions of Agriculture, Manufacturing, Office or Retail which is for the purpose of growing, processing, distribution, and/or any other commercial activity related to medical marijuana, which medical marijuana is in compliance with the standards of Title 50, Chapter 76, MCA, and all other provisions of the Bozeman Municipal Code, shall not be located within 1,000 feet of: A. Any school operated by School District 7 within the City of Bozeman offering any classes in the range from Kindergarten to 12 th grade; B. Any private school within the City of Bozeman offering any classes in the range from Kindergarten to 12 th grade; C. Any youth daycare center, youth group daycare, or youth family daycare within the City of Bozeman which is registered with the State of Montana, Department of Public Health and Human Services as of March 1, 2010; and D. Montana State University’s instructional and residential core area bounded by S 19 th Avenue, Kagy Blvd, College Street and S. 6 th and S. 7 th Avenues.” Page 3 of 5 The above requirements do not apply to a qualifying patient who possesses not more than six (6) marijuana plants and/or one (1) ounce of usable marijuana solely for that patient’s own use, nor shall it apply to a caregiver who currently has a City of Bozeman business license and is in compliance with all other City of Bozeman regulations and who possesses no more than six marijuana plants and one ounce of usable marijuana solely for each of his or her qualifying patients. This ordinance specifically prohibits any lawfully existing caregiver within the areas described in Section 1, above, from expanding the number of qualifying patients as of the effective date of this ordinance. Section 2 Effective Date and Period. This ordinance shall be effective immediately upon passage and for a period of not more than six (6) months from the date of adoption hereof, unless otherwise extended in accordance with Montana law. Section 3 Supercedence. All City ordinances and parts thereof in conflict herewith are hereby temporarily superseded by this ordinance for the time period as described in Section 2 above, insofar as said ordinances or parts thereof may apply to the corporate boundaries of the City of Bozeman. Section 4 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are Page 4 of 5 declared to be severable. Section 5 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, or proceedings that began before the effective date of this ordinance. Section 6 Codification Instruction. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a list in numerical order with all other ordinances of the City and also shall be organized in a category entitled “Interim Zoning Ordinances.” Section 7 Violation a Misdemeanor. Violation of this Ordinance shall be considered a misdemeanor offense and shall be subject to prosecution as one who violates any other ordinance of the City of Bozeman and shall further be subject to such civil action to restrain or abate as the City deems appropriate. Section 8 Retroactivity. This Ordinance is made expressly retroactive and shall apply to all applications for city business licenses, building permits, zoning, or any other application that could establish an entitlement for a use prohibited by this Ordinance, which have been received by the City of Bozeman but not yet granted as of the effective date of this Ordinance. PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a special session thereof held on the 11th day of March 2010. Page 5 of 5 __________________________________________ SEAN BECKER Deputy Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: __________________________________________ GREG SULLIVAN City Attorney ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ I N T E R S T A T E 9 0 H W Y DURSTON RD S 19TH AVE STUCKY RD GOOCH HILL RD W MAIN ST COTTONWOOD RD HUFFINE LN S 3 RD A V E N 7TH AVE BLACKWOOD RD FORT ELLIS RD E M A I N S T M AN L E Y R D ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ I N T E R S T A T E 9 0 H W Y DURSTON RD S 19TH AVE STUCKY RD GOOCH HILL RD W MAIN ST COTTONWOOD RD HUFFINE LN S 3 RD A V E N 7TH AVE BLACKWOOD RD FORT ELLIS RD E M A I N S T M AN L E Y R D I N T E R S T A T E 9 0 H W Y DURSTON RD S 19TH AVE STUCKY RD GOOCH HILL RD W MAIN ST COTTONWOOD RD HUFFINE LN S 3 RD A V E N 7TH AVE BLACKWOOD RD FORT ELLIS RD E M A I N S T M AN L E Y R D FRONTAGE RD BRI D G E R C A N Y O N R D S O U R # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # I N T E R S T A T E 9 0 H W Y DURSTON RD S 19TH AVE STUCKY RD GOOCH HILL RD W MAIN ST COTTONWOOD RD HUFFINE LN S # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ I N T E R S T A T E 9 0 H W Y DURSTON RD S 19TH AVE STUCKY RD GOOCH HILL RD W MAIN ST COTTONWOOD RD HUFFINE LN S 3 RD A V E N 7TH AVE BLACKWOOD RD FORT ELLIS RD E M A I N S T M AN L E Y R D FRONTAGE RD BRI D G E R C A N Y O N R D S O U R D O UG H R D BRIDGER DR H A RPER PU C K ET T R D MC I L H A T T A N RD N 1 9 T H A V E K E LLY C A N Y ON R D ARNOLD ST RO C K Y C R E E K R D N ROUSE AVE S 3RD AVE N 7TH AVE INTERSTATE 90 HWY School & Day Care Locations Revised: 3/9/10 This map Citythe was of Bozeman created by andPlanning Department Community of Development ¯ 1 inch = 3,000 feet some Intended layers for may Planning not line purposes up properly. only Legend Road Alley City Limit ^ Public School ^ Private School # Day Care Center # Family Day Care # Group Day Care School & Day Care Buffer (1000') R-4/R-O RS B-1/B-2/B-3/BP/M-1/M-2 3 RD A V E N 7TH AVE BLACKWOOD RD FORT ELLIS RD E M A I N S T M AN L E Y R D FRONTAGE RD BRI D G E R C A N Y O N R D S O U R D O UG H R D BRIDGER DR H A RPER PU C K ET T R D MC I L H A T T A N RD N 1 9 T H A V E K E LLY C A N Y ON R D ARNOLD ST RO C K Y C R E E K R D N ROUSE AVE S 3RD AVE N 7TH AVE INTERSTATE 90 HWY Day Care Locations Revised: 3/9/10 This map Citythe was of Bozeman created by andPlanning Department Community of Development ¯ 1 inch = 3,000 feet some Intended layers for may Planning not line purposes up properly. only Legend Road Alley City Limit # Day Care Center # Family Day Care # Group Day Care Day Care Buffer (1000') R-4/R-O RS B-1/B-2/B-3/BP/M-1/M-2 D O UG H R D BRIDGER DR H A RPER PU C K ET T R D MC I L H A T T A N RD N 1 9 T H A V E K E LLY C A N Y ON R D ARNOLD ST RO C K Y C R E E K R D N ROUSE AVE S 3RD AVE N 7TH AVE INTERSTATE 90 HWY MSU Property Revised: 3/9/10 This map Citythe was of Bozeman created by andPlanning Department Community of Development ¯ 1 inch = 3,000 feet some Intended layers for may Planning not line purposes up properly. only Legend Road Alley City Limit MSU Property MSU Property Buffer (1000') R-4/R-O RS B-1/B-2/B-3/BP/M-1/M-2 FRONTAGE RD BRI D G E R C A N Y O N R D S O U R D O UG H R D BRIDGER DR H A RPER PU C K ET T R D MC I L H A T T A N RD N 1 9 T H A V E K E LLY C A N Y ON R D ARNOLD ST RO C K Y C R E E K R D N ROUSE AVE S 3RD AVE N 7TH AVE INTERSTATE 90 HWY Public & Private School Locations Revised: 3/8/10 This map Citythe was of Bozeman created by andPlanning Department Community of Development ¯ 1 inch = 3,000 feet some Intended layers for may Planning not line purposes up properly. only Legend Road Alley City Limit ^ Public School Public School Buffer (1000') ^ Private School Private School Buffer (1000') R-4/R-O RS B-1/B-2/B-3/BP/M-1/M-2 FRONTAGE RD BRI D G E R C A N Y O N R D S O U R D O UG H R D BRIDGER DR H A RPER PU C K ET T R D MC I L H A T T A N RD N 1 9 T H A V E K E LLY C A N Y ON R D ARNOLD ST RO C K Y C R E E K R D N ROUSE AVE S 3RD AVE N 7TH AVE INTERSTATE 90 HWY Public & Private School Locations Revised: 3/8/10 This map Citythe was of Bozeman created by andPlanning Department Community of Development ¯ 1 inch = 3,000 feet some Intended layers for may Planning not line purposes up properly. only Legend Road Alley City Limit ^ Public School Public School Buffer (1000') ^ Private School Private School Buffer (1000') R-4/R-O RS B-1/B-2/B-3/BP/M-1/M-2