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HomeMy WebLinkAbout2018-09-10 18-355 ORDINANCETitle, Ordinance 18-355 09/10/2018 CITY COUNCIL ACTION Council Meeting Date: September 10, 2018 Item No: 18-355 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, by Changing the Residential Setbacks for Retail Marijuana Businesses Summary At present, the Land Development Code requires marijuana businesses to be set back 1000 feet from schools and certain other uses, and 300 feet from still other uses, including residential properties. All of these setbacks are measured from building to building, except for residential properties, which are measured from the building of the marijuana business to the residential property line. This ordinance amendment would bring the residential property setback into line with the other setbacks, measuring it from building to building. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: September 18, 2018 For: Against: This change was recommended at the Business and Economic Development Committee meeting on August 20, 2018 City Manager City Solicitor Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: September 10, 2018 Assigned to Councilor: Perry 18-355 09/10/2018 ORDINANCE, Amending Chapter 165, Land Development Code, by Changing the Setbacks for Retail Marijuana Businesses to be from Building to Building for Residential Properties WHEREAS, at present, the Land Development Code requires marijuana businesses to be set back 1000 feet from schools and certain other uses, and 300 feet from still other uses, including residential properties; WHEREAS, all of these setbacks are measured from building to building, except for residential properties, which are measured from the building of the marijuana business to the residential property line; 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 is amended as follows: § 165-92 Urban Service District. C. Permitted uses. The following uses are permitted in this district: (15) Marijuana store, provided that: (b) The building in which the facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or residential zening distriet beundary dwelling on a residential parcel, measured by straight line from building to building boundar . § 165-96 Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district: 18-355 09/10/2018 (9) Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided that: (b) The building in which the facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or Fesidential zening distriet beul9daFy dwelling on a residential parcel, measured by straight line from building to building gyp. § 165-101 Shopping and Personal Service District (S & PS). C. Permitted uses. The following uses are permitted in this district: (15) Marijuana store, provided that: (b) The building in which the facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or Fesidential zening distriEt beundaFy dwelling on a residential parcel, measured by straight line from building to building gyp. § 165-103 Industry and Service District (I & S). C. Permitted uses. The following uses are permitted in this district: (17) Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided that: 18-355 09/10/2018 (b) The building in which the facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or Fesidential zening distriet beHi9dary dwelling on a residential parcel, measured by straight line from building to building er residential Zoning may. § 165-103.1 Technology and Service District (T & S). C. Permitted uses. The following uses are permitted in this district: (6) Marijuana testing facility, provided that: (b) The building in which the facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or Fesidential zening distriet bebindary dwelling on a residential parcel, measured by straight line from building to building beHRdaF • Additions are underlined, deletions strue� h. MEMORANDUM DATE: September 19, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Ordinance Change - Amending Chapter 165, Marijuana Business Setbacks. Council Order 18-355 Please be advised that the Planning Board at its meeting on September 18, 2018, held a Public Hearing on the above land use ordinance amendment to modify the setbacks associated with Marijuana stores and neighboring uses. Chair Boothby opened the Public Hearing and Mr. Tyler Collins of the Economic Development Office provided the Board with an overview of the proposed amendment, noting that the proposed change will align the setbacks for dwellings consistent with that of churches, daycare and others. The existing language measures the setback for a marijuana retailer at 300 feet from a residential zoning district. The change would measure it from the actual dwelling. Member Brush asked if the change would impact the construction of a house on the property if a retailer was located within 300 feet. Planning Officer Gould noted it would not, the setback only applies to the location of a retail marijuana store. There were no proponents or opponents to the proposed ordinance changes. Planning Officer Gould provided an overview on the history of marijuana regulations in the City and described the intent was to align medical marijuana with retail marijuana regulations. The change would provide less protection for undeveloped lots, like in a subdivision. Member Huhn made a motion to recommend that C.O. #18-355 be adopted by the City Council. Member Durgin seconded the motion and the Board voted unanimously to send a positive recommendation to the City Council. IN CITY COUNCIL SEPTEMBER 10, 2018 CO 18-355 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF SEPTEMBER 18, 2018 C TY' CLERK IN CITY COUNCIL SEPTEMBER 24, 2018 COr 18-355 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED A 1-J0-7/„..s.„) CITY CLERK