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Home My WebLink About2018-03-26 18-151 ORDINANCETitle, Ordinance 18-151 03/26/2018 CITY COUNCIL ACTION Council Meeting Date: March 26, 2018 Item No: 18-151 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapters 165, Land Development Code, By Allowing Retail Marijuana Stores to Locate Near Other Retail Marijuana Stores and Adding Provisions Regarding Marijuana Processing Facilities Summary The Marijuana Legalization Act (MLA) passed in November 2016, setting the stage for legal recreational use of marijuana in Maine. The MLA gives municipalities wide latitude in regulating retail (as opposed to medical) marijuana. This Ordinance amendment would allow retail marijuana stores to locate near other retail marijuana stores. The current restriction on these stores locating near each other was inadvertently included in the final draft of the ordinance, despite lack of interest of the Council in such a restriction. The amendment would also define the zoning districts in which marijuana processing facilities are able to locate, applying the same standards and setbacks for these facilities as currently exist for retail marijuana products manufacturing facilities. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: April 17, 2018 For: Against: 1 r 1 City Manager Vity Solicitor Finance Director Introduced for: First Reading CITY COUNCIL ORDINANCE Date: 03/26/2018 Assigned to Councilor: Davitt 18-151 03/26/2018 ORDINANCE, Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, By Allowing Retail Marijuana Stores to Locate Near Other Retail Marijuana Stores and Adding Provisions Regarding Marijuana Processing Facilities WHEREAS, the Marijuana Legalization Act, an initiative legalizing the recreational use of marijuana, was passed by Maine voters in November 2016; WHEREAS, the initiative allows municipalities to regulate or prohibit the operation of retail marijuana establishments; WHEREAS, marijuana is a drug with significant potential effects on the health, safety, and welfare of the City and its citizens, both inherently and as a result of impaired driving; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-13. Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: RETAIL MARIJUANA ESTABLISHMENT A retail marijuana cultivation facility, retail marijuana processing facility, retail marijuana products manufacturing facility, retail marijuana store, or retail marijuana testing facility. RETAIL MARIJUANA PROCESSING FACILITY A facility at which, for a fee, cannabis is processed for use. For purposes of this definition, retail marijuana processing facilities do not include retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail marijuana stores, or retail marijuana testing facilities, all of which are separately defined in this section. Retail marijuana processing facilities also do not include facilities where marijuana is processed solely as allowed under the Maine Medical Use of Marijuana Act. § 165-92. Urban Service District (USD). 18-151 03/26/2018 C. Permitted uses. The following uses are permitted in this district. (15) Retail marijuana store, provided that: (a) The building in which the facility is located must be at least 1,000 feet from the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code. (b) The building in which facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or residential zoning district boundary, measured by straight line from building to building or residential zoning boundary. (d) No retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq. may be accessory to a retail marijuana store. (e) No drive-in windows are allowed. No curbside or other pick-up of marijuana by persons outside the store is allowed. (f) Signage designed to appeal to persons under 21 years of age is prohibited. § 165-96. Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district. (9) Retail marijuana cultivation facility, retail marijuana processing facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, provided that: § 165-101. Shopping and Personal Service District (S&PS). C. Permitted uses. The following uses are permitted in this district. 18-151 03/26/2018 (15) Retail marijuana store, provided that: (a) The building in which the facility is located must be at least 1,000 feet from the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public parkas defined in § 231-2 of this Code. (b) The building in which facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or residential zoning district boundary, measured by straight line from building to building or residential zoning boundary. (d) No retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq. may be accessory to a retail marijuana store. (e) No drive-in windows are allowed. No curbside or other pick-up of marijuana by persons outside the store is allowed. (f) Signage designed to appeal to persons under 21 years of age is prohibited. § 165-103. Industry and Service District (I&S). C. Permitted uses. The following uses are permitted in this district. (17) Retail marijuana cultivation facility, retail marijuana processing facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, provided that: Additions are underlined, deletions sly. IN CITY( COUNCIL MARCH 26, 2018 COr 18-151 MOTION MADE AND SECONDED FOR FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF APRIL 17, 2018 MOTION DOUBTED VOTE: 7-1 COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, PERRY, SUPICA, WESTON, TREMBLE COUNCILORS VOTING NO: GRAHAM PASSED :12:4 (,) era 04.4":4A) CITY dEERK IN CITY COUNCIL APRIL 9, 2018 COr 18-151 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-2 COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, PERRY, SUPICA, WESTON, SPRAGUE COUNCILORS VOTING NO: GRAHAM, TREMBLE PASSED CITY CLERK MEMORANDUM DATE: April 18, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Retail Sales of Marijuana; Chapter 165-13 — Definitions. 165-92 Urban Service District, USD - 165-101 Shopping and Personal Service District S&PS, Industry and Service District (I&S) Council Ordinance #018-151. Please be advised that the Planning Board at its meeting on April 17, 2018, held a Public Hearing on the above Zoning Amendment to provide for retail sales of Marijuana within commercial zoning districts in Bangor. Chair Boothby opened the Public Hearing and Planning Officer David Gould provided the Board with an overview of the proposed amendment, noting there was an error in the last Amendment such that it contained language which separate retailers from one another. As the language was drafted over several months the decision to eliminate the separation between retailers was intended. Retail Marijuana sales would be allowed in the Urban Service District, (USD) the Shopping and Personal Service (S&PS) District and the General Commercial and Service (GC&S) District. The other revision in this proposed change would be to allow for processing of Marijuana plants as a separate activity. There were no proponents or opponents. The Board discussed the various Zoning Districts where retail Marijuana could be sold and the likelihood that several would collocate. Planner Gould reviewed the history of the Board's recommendations on the various Marijuana amendments and the final disposition of the Amendments. Mr. Gould noted the way the State has proceeded every community must decide whether to allow such activities in their community or not. Bangor has attempted to have zoning details in place, should the market determine Bangor is the right market place. Member Huhn made a motion to recommend that C.O. #18-151 be adopted by the City Council. Member Brush seconded the motion and the Board voted six in favor and one opposed to send a positive recommendation to the City Council. IN CITYC"COUNCIL MARCH 26, 2018 COr 18-151 MOTION MADE AND SECONDED FOR FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF APRIL 17, 2018 MOTION DOUBTED VOTE: 7-1 COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, PERRY, SUPICA, WESTON, TREMBLE COUNCILORS VOTING NO: GRAHAM PASSED IN CITY COUNCIL APRIL 23, 2018 �Q/ ) COr 18-151 CITY (4LERK MOTION MADE AND SECONDED FOR PASSAGE VOTE: 6-2 COUNCILORS VOTING YES: DAVITT, NICHOLS, IN CITY COUNCIL PERRY, SUPICA, WESTON, SPRAGUE APRIL 9, 2018 COUNCILORS VOTING NO: GRAHAM, TREMBLE PA ED COr 18-151 MOTION MADE AND SECONDED FOR PASSAGE 110, / / ;Id VOTE: 7-2 Dr ' TY Cr CLERK COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, PERRY, SUPICA WESTON, SPRAGUE COUNCILORS VOTING NO: GRAHAM, TREMBLE PASSED CITY CLERK APRIL 12, 2018 THIS ACTION IS VOID AS ITEM NEEDS TO GO TO PLANNING BOARD PRIOR TO COUNCIL VOTE.