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
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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.
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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
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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
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