CITY OF PENDLETON PLANNING COMMISSION
Staff report and recommendation
FILE NO.:
AMD15-01 (Ordinance No. 3860)
PREPARED:
March 25, 2015
HEARING DATE:
April 2, 2015
APPLICANT(S):
Evan MacKenzie, Planner
Representing the City of Pendleton
500 SW Dorion Avenue
Pendleton, OR 97801
PROPOSAL:
Adopt regulations concerning medical and recreational marijuana as an amendment to the
Unified Development Code (Ord. No. 3845)
REVIEWED BY:
Evan MacKenzie, City Planner
ATTACHMENTS:
Exhibit A - DRAFT ordinance 3860
Exhibit B - Medical Marijuana summary
Exhibit C – Recreational Marijuana summary
Exhibit D – February 4, 2015 staff report to City Council from Police Chief Stuart Roberts
Exhibit E - Map showing 1,000 foot radius from schools and parks
Exhibit F – LOC “Local Government Regulation of Medical Marijuana in Oregon”
SUMMARY:
The City currently has no regulations relating to medical and recreational marijuana. This leaves staff in a potential quandary
if/when we have a request to open a medical marijuana dispensary and/or a business for retail sale of recreational marijuana.
A city’s zoning ordinance cannot anticipate every single type of use that may come along, and state whether that use will be
allowed outright, allowed conditionally, or prohibited. Staff is constantly put in the position of determining what category an
unlisted use falls into. Under pressure to be seen as business-friendly, staff may take a more liberal approach when making
such determinations. If an unlisted use is similar in nature and impact to other permitted (or conditional) uses, then staff will
treat it as such and allow it. While the City does not explicitly permit or prohibit such uses, a reasonable person might
construe the City’s Unified Development Code to permit a medical marijuana dispensary because they are similar to other
permitted uses such as a pharmacy, while the retail sale of recreational marijuana could be treated simply as general retail.
The proposed regulations will give City staff and the general public clear direction regarding what may be permitted, and
where. Due to the complexity of Oregon’s land use system, staff recommends that the City adopt some form of regulation
sooner rather than later. If that regulation needs to be revisited (and relaxed) at a later date, due to legislative action, OLCC
rulemaking or court activity, staff will bring forward appropriate amendments.
The attached draft ordinance is based on a similar ordinance recently adopted by the City of LaGrande. The draft ordinance
combines (the sale of) medical and recreational marijuana under the same regulations, and prohibits the sale of marijuana
within 1,000 feet of schools and parks.
This matter is scheduled for consideration by the Planning Commission on April 2. Due to the pending expiration of local
moratoria on medical marijuana dispensaries on May 1, it has tentatively been scheduled for review by the City Council on
April 7. This report will therefore be provided to both the Planning Commission and City Council. It is possible that the
Planning Commission may recommend an amended version of the draft ordinance to Council for adoption. The City Council
is not bound by the recommendation of the Commission.
A press release was sent to local media on March 12, 2015. The East Oregonian covered the issue in the March 14/15
weekend edition. City staff conducted an Open House on March 19, 2015; notes from the open house are included with this
report. Because there was the potential for a quorum of the City Council and/or Planning Commission to be present, the
City provided public (legal) notice for the open house in the March 12 East Oregonian. Some members of the public who
attended the open house may also present testimony at the public hearing.
Planning Commission Staff Report (AMD15-01) – City of Pendleton medical/recreational marijuana regulations
1
1. APPLICABLE CRITERIA AND STANDARDS:
The criteria for approval of a text or map amendment to the Unified Development Code (Ordinance No. 3485) are
contained in Article XII. The proposal must comply with applicable provisions contained in Chapter 10 of the
General Ordinances of the City of Pendleton, and the City of Pendleton Comprehensive Plan. Generally, unless
otherwise noted, if a request is found to be consistent with the General Ordinances, it is considered consistent with
the Comprehensive Plan. The proposed action is a Legislative matter, and requires approval by both the Planning
Commission (in the form of a recommendation to Council) and City Council (by ordinance). Decision-making
bodies may accept testimony outside of a public hearing for legislative matters until the hearing is closed for
deliberation.
2. PROPOSED AMENDMENTS:
The City currently has no regulations relating to medical or recreational marijuana. Staff has proposed adding language to
the Unified Development Code (Ord. No. 3485), as detailed in the attached DRAFT ordinance, which is modeled on a
similar ordinance recently adopted in LaGrande.
3. UDC ARTICLE XII. AMENDMENTS TO THIS ORDINANCE
12.01
Purpose
This Article provides standards and procedures for legislative and quasi-judicial amendments to this Code and the Zoning map.
Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct
mistakes, or to address changes in the law.
12.02
Authorization to Initiate Amendments
An amendment to the text of this Ordinance or to a zoning map may be initiated by the City Council, the Planning Commission or
by application of the property owner for an amendment by filing an application with the City Manager using forms prescribed
pursuant to this Ordinance.
12.03
Compliance with Comprehensive Plan
An amendment to the text of this Ordinance or the Zoning map shall comply with the provisions of the City of Pendleton
Comprehensive Plan text and map. Any deviation shall be preceded by an amendment to the Comprehensive Plan Text or map.
12.04
Transportation Planning Rule Compliance
When a development application includes a proposed Comprehensive Plan amendment or land use district change, the proposal
shall be reviewed to determine whether it is consistent with the City of Pendleton Transportation System Plan (TSP) and if it
significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the
Transportation Planning Rule).
12.05
Procedure
Text and/or map amendment applications shall follow the procedure for a Type IV application contained in Article 13.
12.06
Record of Amendments
The City Recorder shall maintain records of amendments to the text and map(s) of this Ordinance in a form convenient for use by
the public.
12.07
Compliance with Statute and Rule
Certain Sections of this ordinance are pre-empted by Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). If
an amendment to either is adopted at the State level, the City shall observe those standards even if not formally incorporated into
this ordinance through the procedure for an amendment.
Findings: As previously noted, the City currently has no regulations relating to medical or recreational marijuana. The
attached DRAFT ordinance, which is modeled on a similar ordinance recently adopted in LaGrande, was prepared without
any input from members of the local community and may be amended pursuant to public testimony and deliberations.
The City is granted the authority to regulate the “time, place and manner” of marijuana sales. The proposed ordinance would
prohibit medical marijuana dispensaries and retail sale of recreational marijuana within 1,000 feet of schools, parks and the
City library.
Planning Commission Staff Report (AMD15-01) – City of Pendleton medical/recreational marijuana regulations
2
LaGrande restricts marijuana facilities from locating within 1,000 feet of a “licensed daycare center.” This restriction is
troublesome, and staff has serious concerns about restricting facilities based on a type of business that may be privately
controlled, and temporal in duration and location. Staff is generally not friendly to regulation that would be very difficult to
administer and enforce, as the list and location of such facilities would be in constant flux and could result in a legal business
being declared a non-conforming use. Staff does not recommend including licensed daycares in the final ordinance.
It will be critical to define exactly which sites will be used as the basis for vicinity restrictions. Confusion or
disagreement over what sites are and are not used as the basis for vicinity restrictions must be avoided at all costs. There
should be no discretion in determining what sites count and what do not at the staff level. Under the proposed regulations,
the City would prohibit the sale of marijuana within 1,000 feet of the following sites:
The City of Pendleton maintains the following parks and the City library:
Airport Park 4801 NW H Avenue
Rice-Blakey Park 2220 SW Quinney Avenue
Aldrich Park 1101 NW King
Riverfront Plaza 400 block of SW Court Avenue
Brownfield Park 12 S Main Street (at SW Byers)
Roy Raley Park & Ice Rink 1205 SW Court Avenue
Centennial Park 101 SE Dorion (at Main Street)
Sargent City Park 500 NW 14th Street
th
Community Park - East 1000 SW 37 Street
Sherwood Park 720 SW 29th Street
th
Community Park - West 1200 SW 44 Street
Stillman Park 413 SE Byers Avenue
Grecian Heights Park 1910 SW Athens Way
Til Taylor Park 700 SE Dorion Avenue
Kiwanis Park 1800 SE Byers
Trailhead Park 2101 Westgate Place
May Park 180 SE Isaac Avenue
Union Pacific Shelter 1811 SE Alexander Place
McKay Neighborhood Park 1531 SW 44th Street
Vincent Park 400 NW Ingram
Museum Park 108 SW Frazer
Pendleton Aquatic Center 1901 NW Carden
River Parkway (River Walk) 3 mile linear park
Pendleton Skate Park 101 Northgate
Pioneer Park 400 NW Despain Avenue
Pendleton Public Library 500 SW Dorion Avenue
Olney Cemetery is not listed as a park and is not attended primarily by minors, and therefore has not been included in this
list. If the Planning Commission and City Council want to expressly include this site in the list staff recommends a formal
motion to do so. The Pendleton Round Up Grounds are also not attended primarily by minors, and have not been included
in this list.
The Pendleton School District includes the following schools:
Hawthorne School 1207 SW Frazer Ave
Lincoln Primary School 107 NW 10th Street
Washington Elementary School 1205 SE Byers Ave.
McKay Creek Elementary 1539 SW 44th St.
Sherwood Heights Elementary 3111 SW Marshall
West Hills Intermediate School 1700 NW 15th Drive
Sunridge Middle School 700 SW Runnion Ave.
Pendleton High School 1800 NW Carden Avenue
Other schools include:
Blue Mountain Community College 2411 NW Carden Avenue
Harris Junior Academy 3121 SW Hailey Avenue
The LaGrande ordinance that served as a model for the proposed language includes a prohibition on MMJ facilities within
1,000 feet of a “community recreation facility attended primarily by minors” and also a “participant sports and recreation
facility attended primarily by minors.” Staff has concerns that these types of facilities may not be explicitly named and subject
to interpretation. Staff would like to have these facilities identified prior to adoption of any ordinance.
In order to minimize the potential for a concentration of marijuana businesses, the ordinance also restricts business from
locating within 1,000 feet of another MMJ facility.
The City conducted an open house on March 19, 2015 in City Council chambers. City staff provided a press release to
publicize the open house to KUMA radio and the East Oregonian on March 12, 2015. The notice was also placed on the
City’s Facebook page on March 13. The open house was attended by five Planning Commissioners, four City Councilors,
City Attorney Nancy Kerns, Police Chief Stuart Roberts, City Manager Robb Corbett and City Planner Evan MacKenzie.
Only one member of the public attended, who expressed interest in opening a medical marijuana dispensary. The East
Oregonian sent reporter Antonio Serra; coverage of the open house appeared in the March 21 (weekend) edition.
There was nobody in attendance at the open house expressing opposition to medical or recreational marijuana in Pendleton.
The only citizen in attendance provided some input on the nature of dispensaries, and where local medical marijuana card
holders are obtaining marijuana currently. Questions came only from members of the Planning Commission and City
Council. Questions centered on what local sites and facilities should be “sheltered” from marijuana sales, how large a buffer
Planning Commission Staff Report (AMD15-01) – City of Pendleton medical/recreational marijuana regulations
3
should be drawn around those facilities, and what local and State regulations exist regarding medical marijuana dispensaries
and retail operations. Although not included in the draft ordinance, there were also questions regarding marijuana grow
operations and where they should or should not be located. The draft ordinance now includes a requirement to obtain
conditional use approval for commercial grow facilities, which will only be permitted in the M-1 Light Industrial zone.
One question that came out of the open house was whether or not the City has any (zoning) regulations that restrict
restaurants, bars and stores that sell packaged alcohol from locating within a certain distance from parks, schools, and other
community facilities frequented by minors. The Unified Development Code allows these uses to locate anywhere in all three
Commercial zones, without regard to proximity of other uses. Restaurants and bars are not allowed in Residential zones,
although a small restaurant serving alcohol could potentially be located in a “Neighborhood Commercial” development and
convenience stores that sell packaged alcohol can be permitted. A bar or restaurant could be approved as part of a Master
Plan in a Residential zone that is within an Opportunity Area overlay. Staff notes that with restaurants and bars, alcohol is
served on site; there are no known provisions for on-site consumption of marijuana associated with either the medical
marijuana dispensaries or recreational marijuana sellers. There was also a question about limiting medical/recreational sales to
a certain maximum number, or even only one. OLCC regulations limit the number of (State) liquor stores within a certain
area, but there are no corresponding regulations from OLCC or the Oregon Health Authority regarding the sale of medical
or recreational marijuana.
Public Notice:
Under Oregon law, the City must provide notice to the Department of Land Conservation and Development (DLCD) 35
days prior to consideration of any amendment to a land use ordinance. The City must also provide notice of the decision to
DLCD after the hearing. A “green sheet” notice was emailed to DLCD on February 19, 2015.
The proposal will not (further) restrict any existing land use regulations within the Pendleton UGB beyond any marijuanarelated regulations currently in place; no “Measure 56” notices were mailed to individual property owners. The proposed
action was noticed in the East Oregonian on March 26 as an agenda item for the April 2, 2015 Planning Commission meeting.
At the time this report was prepared, City staff had received no written public testimony on the matter.
As a legislative amendment, the Commission must make findings that the proposed amendments are in the best interest of
the community, and consistent with the Comprehensive Plan. The lack of public participation thus far forces the Planning
Commission and City Council into the position of determining what is best for the community without any real community
input. The ordinance the Commission is considering is a draft; discussion is necessary to determine what language goes
before the City Council for consideration and adoption.
A finding that the proposed amendments are consistent with the language in the Comprehensive Plan should include a
statement containing the facts relied upon to make such findings.
CONCLUSION: The Commission must be able to make a conclusion, based on specific findings of fact, that the proposed
amendments to the Unified Development Code offer a legitimate benefit to the public health, safety and welfare and are
consistent with the Comprehensive Plan.
4. SUGGESTED MOTIONS
As a legislative matter, the Commission makes a recommendation to Council only. The Commission is not being asked to
approve or deny the proposal. Staff suggests three motions:
1) A motion to formally declare findings of fact;
2) A motion making a conclusion to demonstrate consistency with the Comprehensive Plan based on those findings;
3) A motion recommending the City Council adopt the draft amendment in its current form, or with changes as agreed
upon by the Commission.
Respectfully submitted,
Evan MacKenzie
Planner
Planning Commission Staff Report (AMD15-01) – City of Pendleton medical/recreational marijuana regulations
4