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HomeMy WebLinkAbout2010-09-27 10-336 ORDINANCECOUNCIL ACTION Item No. Date: September 27, 2010 Item/Subject: Ordinance, Amending the Code of the City of Bangor by Adding Provisions for Nonprofit Marijuana Dispensaries and Cultivation Facilities Responsible Department: Legal Commentary: This is the latest version of a Land Development Code amendment regarding marijuana dispensaries and cultivation facilities. As with the last version, this amendment allows dispensaries in most commercial areas of the City, except the downtown and the airport. It would not allow dispensaries within 1000 feet of schools and parks and 200 feet of residences, churches, and daycares. Cultivation facilities would only be allowed in industrial zones. Only one dispensary and one cultivation facility would be allowed in the City. This amendment differs from the last version in two important respects: a conflict noted by the Planning Board between two zoning districts has been resolved; and dispensaries are no longer allowed in industrial zones. Dispensaries and cultivation facilities therefore may not be in the same location. Department Head Manager's Comments: This most recent version addresses concerns raised at the September 13th City Council Meeting. Interim City Manager Associated Information: Ord"44Z i Budget Approval: Legal Approval: Finance Director z2�K City Solicitor Introduced for Passage X First Reading Page _ of _ X Referral to Planning Board, 10/5/10 @ 7pm Assigned to Councilor - Hawes CITY OF BANGOR 10 :336 September 27, 2010 (TITLE.) ORDINANCE, Amending Chapter 165 of the Code of the City of Bangor by Adding Provisions Regarding Nonprofit Marijuana Dispensaries WHEREAS, on November 3, 2009, the People of the State of Maine enacted the Maine Medical Marijuana Act, 22 M.R.S.A. § 2421 et seq.; WHEREAS, said Act was amended by the State as of April 9, 2010; WHEREAS, Rules Governing the Maine Medical Use of Marijuana Program were adopted by the Maine Department of Health and Human Services effective May 5, 2010: WHEREAS, Section 2428 of that Act contemplates the creation of not -far -profit dispensaries for the provision of marijuana for medical use; WHEREAS, Section 2428(10) allows municipalities to enact reasonable regulations regarding dispensaries and to limit the number of dispensaries allowed; WHEREAS, marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking; and WHEREAS, for the safety, health, and welfare of the citizen of Bangor and others, the dispensing of marijuana requires careful attention and control; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows, applying retroactively to December 22, 2009: § 165-13. Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: REGISTERED CULTIVATION FACILITY -- A location at which mariivana is cultivated pursuant to 22 M.R.S.A. 4 2428 The location is considered to be, and must abide by all ordinance provisions regarding, a Registered Cultivation Facility whether it is at the same location as its associated Registered Dispensary or at a different location pursuant to 22 M.R.S.A. 4 2428(2)(A)(3). A Registered Cultivation Facility is not considered an accessory use within the meaning of this Chapter. REGISTERED DISPENSARY -- A registered dis ensa as defined by 22 M.R.S.A. § 2422. No Application for Certificate of Occupancy shall be approved for a nonprofit dispensary unless it has been IN CITY COUNCIL September 27, 2010 First Reading & Referral to Planning Board Meeting of 10/5/10 at 7pm 4AIX CITY CLE IN CITY COUNCIL October 13, 2010 Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, Gratwick, Hawes, Nealley, Palmer, Stone, Weston & Wheeler Councilors Vtoing No: None Passed CITY CLERK ORDINANCE (TiTLEJ Amending the Code of the City �fKum r b4 Adding Provisions for Non- -Profit Mariivana Dispensaries and Cul- tivation Facilities Asstgned•to Conoeflor 10, :336 issued a valid registration certificate by the State pursuant to 22 M.R.S.A. & 2428(2) and meets all other State and local laws and regulations. § 165-92. Urban Service District (USD). C. Permitted uses. The following uses are permitted in this district: (12) Clinic, medical or dental. 13 Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public park, and at least 200 feet from any church, chapel, parish house, other place of worship, daycare, or residential zoning district boundary, measured by straight line from propem line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. § 165-96. Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district: (7) Registered cultivation facility. No more than one registered cultivation facility may exist in the City of Bangor. (78) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. § 165-97. Government and Institutional Service District (G & ISD). C. Permitted uses. The following uses are permitted in this district: 11 Registered dispensary, provided it is located on a major arterial street and it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphans -q, playground or public park and at least 200 feet from any church chapel parish house other place of worship, daycare, or residential zoning district bounds measured by straight line from property line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. (14-2) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and to a use approved under Subsection D below. § 165-101. Shopping and Persona! Service District (S & PS). C. Permitted uses. The following uses are permitted in this district: 13 Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, iuvenile shelter, orphanage, playground, or public ark and at least 200 feet from any church chapel, arish house other place of worship, daycare, or residential zoning district boundary, measured by straight line from property line to pro eeM( line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. (143) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. § 165-103. Industry and Service District (I & S). C. Permitted uses. The following uses are permitted in this district: 15 Registered cultivation facility. No more than one registered cultivation facility may exist in the City of Bangor. (156) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. MEMORANDUM DATE: October 6, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code — Chapter 16S-13 Definitions and 16S-92 et al Registered Dispensaries and Cultivation Facilities. C.O. # 10-336 Please be advised that the Planning Board held a Public Hearing on the above - noted Land Development Code Amendment at its regularly scheduled meeting on October 5, 2010. Planning Officer Gould explained that a similar version of this amendment was previously before the Planning Board. At that time, the Board found a glitch in the proposed language in that Medical Marijuana facilities were allowed in the Shopping and Personal Service District as a permitted use but was proposed as a Conditional Use in the General Commercial and Service District thus creating a discrepancy as permitted uses in the Shopping and Personal Service District are also permitted uses in the General Commercial and Service District. This version eliminates the discrepancy between conditional and permitted uses in the General Commercial and Service District. The amendment also eliminates the industrial districts from the dispensary option thus ensuring a separation between cultivation facilities and dispensaries. Mr. Gould went on to explain that all districts share the same exclusion criteria that they must be 1000 feet from schools, library, playgrounds, and parks; and 200 feet from any church, daycare, or residential zoning district. These uses are limited to one single location within the City. Member Kenney indicated that from a planning perspective he had concerns about the proposed exclusions for one particular use and not for all similar uses. He requested clarification as to what basis the Planning Board recommendation should be from. Planning Officer Gould noted that the Land Development Code provides input by the Board on all amendments to the Zoning Code due to the Board's unique perspective in dealing with land use applications every few weeks and the Comprehensive Plan's intent to look at a land use in a much larger context. Member Damon asked if there had been a map created which shows where these uses could be located within the 200 foot and 1000 foot restrictions. Assistant City Solicitor Nicklas presented a map showing the various locations where such facilities could be located. Member Damon expressed his concern that the imposed locations could in fact push these uses to the edge of a neighborhood. Mr. Gould showed the Board commercial districts where the dispensaries would be allowed and commercial districts due to their limited size and proximity to residential districts where dispensaries would be excluded. No one spoke either in favor of or in opposition to the proposed zoning amendment. Member Sturgeon moved that the Board recommend to the City Council that the Land Development Code Amendment as contained in C.O. # 10-336 Amending Chapter 165-13 Definitions and 165-92 et al - Registered Dispensaries and Cultivation Facilities be approved. Alternate Member Williams seconded the motion. The Board voted 5 to 2 in favor of the motion.