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01/12/2015 - Packet n _. : IN "` City of Tigard TSD Planning Commission Agenda MEETING DATE: January 12, 2015; 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:05 p.m. 5. PUBLIC HEARING 7:06 p.m. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT Development Code Amendment (DCA)2014-00002 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) to establish reasonable time,place, and manner regulations for marijuana facilities. Proposed changes include new definitions to be placed within Chapter 18.120 (Definitions); text amendments to Chapter 18.210 (General Administrative Provisions) to remove a requirement that development be consistent with federal law; and creation of a new chapter to be titled 18.735 (Marijuana Facilities) that would limit hours of operation, establish minimum buffer distances from residential and park zones, require exterior design requirements to enhance security, establish off-site odor standards, and create an associated review procedure. The proposed text and map amendments for the Planning Commission's review are included in Attachment 1, and summarized in Section IV of the staff report:APPLICANT: City of Tigard ZONES: Citywide LOCATION: Citywide and properties identified in the staff report maps. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 6 (Air,Water, and Land Resources Quality), and 9 (Economic Development); ORS 475 (Oregon Medical Marijuana Act); Statewide Ballot Measure 91 (Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act); Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6,2.1.11, 2.1.21, 2.1.23, 2.1.24, 6.1.7, 9.1.3, 9.1.12, 10.2.1 and 10.2.8.; and TDC Chapters 18.380.020 and 18.390.060.G. 6. OTHER BUSINESS 8:36 p.m. 7. ADJOURNMENT 8:40 p.m. PLANNING COMMISSION AGENDA—JANUARY 12 2015 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 I www.tigard-or.gov I Page 1 of 1 Order Confirmation for Order # 0003668359 0003668359-01 AdSize-2x49 li Color- PO- Oregonian:Full Run Placement-C-NoticeAds-Classified Position-C008-PublicNotice Sort Text-PUBLICHEARINGITEMTHE Sched Inv Text-PUBLIC HEARING ITEM Run Dates-01/03/2015 WYSIWYG Content TIGARD a PUBLIC HEARING ITEM The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday January 12,2015 at 7:00 PM and by the Tigard City Council at a Public Hearing on Tuesday, March 10,2015 at 7:30 PM at the Tigard Civic Center- Town Hall,13125 SW Hall Blvd.,Tigard,Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard Planning Division (Staff contact: John Floyd)at 13125 SW Hall Blvd.,Tigard,Oregon 97223,by calling 503-718-2429 or by e-mail to johnfl@tigard-or.gov, or at the Parks Zone Project website at www.tigard-or.gov/pzp. DEVELOPMENT CODE AMENDMENT(DCA)2014-00002 -MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT- REOUEST: The City of Tigard proposes legislative amendments to the Tigard Devel- opment Code (TDC)to establish reasonable time, place,and manner regulations for marijuana facilities. Proposed changes include new definitions to be placed within Chapter 18.120(Definitions); text amendments to Chapter 18.210 (General Administrative Provisions) to remove a requirement that development be consis- tent with federal law;and creation of a new chapter to be titled 18.735(Marijuana Facilities)that would limit hours of operation, establish minimum buffer distances from residential and park zones, require exterior design requirements to enhance security,establish off-site odor standards, and create an associated review proce- dure. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1(Citizen Involvement), 2(Land Use Planning), 6(Air,Water, and Land Re- sources Quality), and 9 (Economic Development); Statewide Ballot Measure 91, Section 59; ORS 475 (Oregon Medical Marijuana Act); Comprehensive Plan Goals 1.1.2, 1.2.1, 1.2.2, 2.1.2, 2.1.3, 2.1.6,2.1.11, 2.1.23, 6.1.7,9.1.3, and 9.1.12.; and TDC Chapters 18.380.020 and 18.390.060.G Agenda Item: #5 Hearing Date: January 12,2014 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT CASE NO.: Development Code Amendment (DCA) DCA2014-00002 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (I'DC) to establish reasonable time, place, and manner regulations for marijuana facilities. Proposed changes include new definitions to be placed within Chapter 18.120 (Definitions); text amendments to Chapter 18.210 (General Administrative Provisions) to remove a requirement that development be consistent with federal law; and creation of a new chapter to be titled 18.735 (Marijuana Facilities) that would limit hours of operation, establish minimum buffer distances from residential and park zones, require exterior design requirements to enhance security, establish off-site odor standards, and create an associated review procedure. The proposed text and map amendments for the Planning Commission's review are included in Attachment 1, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONES: Citywide LOCATION: Citywide and properties identified in the Attached Maps. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 6 (Air, Water, and Land Resources Quality), and 9 (Economic Development); ORS 475 (Oregon Medical Marijuana Act); Statewide Ballot Measure 91 (Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act); Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11, 2.1.21, 2.1.23, 2.1.24, 6.1.7, 9.1.3, 9.1.12, 10.2.1 and 10.2.8.; and TDC Chapters 18.380.020 and 18.390.060.G. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1); with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 SECTION III. BACKGROUND INFORMATION & PROJECT SUMMARY The purpose of the Marijuana Facilities Project is to establish reasonable time, place, and manner restrictions on the full range of"medical" and "recreational" marijuana facilities soon to be allowed under State Law. A brief summary of legislative history is below, followed by a summary of the proposed changes and comparable regulations adopted by nearby jurisdictions. Legislative Background November 3, 1998 - Oregon voters approved Ballot Measure 67 allowing the medical use of marijuana. Known as the Oregon Medical Marijuana Act (OMMA), the law protects medical marijuana users who comply with its requirements from state criminal prosecution. August 14, 2013 - Governor signs HB3460, which requires the Oregon Health Authority to develop and implement a process to register medical marijuana dispensaries so that patients could legally purchase medical marijuana. Under this bill, dispensaries cannot be within 1,000 feet of a school, 1,000 feet of another dispensary, and must be located within an industrial, commercial, or mixed-use zone. February 11, 2014- City of Tigard adopts a temporary prohibition on medical marijuana dispensaries under Ordinance 14-04. March 19,2014— Governor signs SB1531 which authorizes local governments to adopt reasonable regulations regarding the hours of operation; location; and manner in which medical marijuana dispensaries are operated. SB1531 also states that a local jurisdiction may enact an ordinance declaring a one-year moratorium on dispensaries. April 22, 2014 Tigard City Council extends the temporary prohibition on marijuana dispensaries until May 1, 2014 under Ordinance 14-08. November 4, 2014 - Oregon voters approved Ballot Measure 91 to legalize the use and possession of recreational marijuana on July 1, 2015. The law also directs the Oregon Liquor Control Commission to tax, license, and regulate recreational marijuana through a licensing system to be established by January 2016. The measure did not make any changes to the existing medical marijuana system. May 1, 2015 - Automatic sunset date of Tigard's temporary prohibition on medical marijuana dispensaries. No further extensions allowed under state statute. Proposed Amendments At present the city is unable to issue any new permits or activities related to state-authorized marijuana use due a temporary prohibition, as discussed above, and a TDC requirement that all development be consistent with federal law. This places the Development Code at odds with recent legislative changes made by the Oregon State Legislature and Oregon Voters. The purpose of this project is to bring the City into compliance with state law while preventing or mitigating unwanted community impacts that could potentially result from marijuana facilities operating within the community. As proposed, the new code language would result in the following: ➢ Amend the Tigard Development Code as follows: o Text Amendments to Chapter 18.120 (Definitions) to establish new definitions for "Marijuana" and "Marijuana Facility" o Text Amendments to Chapter 18.210 (General Administrative Provisions) to remove the requirement for consistency with federal law MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10 o Creation of Chapter 18.735 (Marijuana Facilities) to establish development standards and a review process for marijuana facilities requiring a state license or registration. ➢ Proposed text changes to TDC 18.210 would reduce legal uncertainties and exposure to litigation presented to the City and applicants where state and federal law conflict on the matter of marijuana. o Tigard Development Code (TDC) Subsection 18.210.030.A presently requires all development applications to be consistent with federal law. o Continued federal classification of marijuana as a Schedule II drug may require the city to deny all land use applications for medical marijuana facilities as not being consistent with Federal law. o If the code remains unchanged, uncertainty will remain as some facilities may be able to open if no land use permits are required from the city (i.e. conversion of an existing retail space to a state licensed dispensary). o Measure 91 requires a petition and election of the voters for a jurisdiction to prohibit recreational marijuana licenses. ➢ Proposed text changes to create TDC 18.735 (Marijuana Facilities) would apply a uniform set of development standards to facilities requiring a state license or registration under ORS 475 (Oregon Medical Marijuana Act) and Statewide Ballot Measure 91 (Oregon Legalized Marijuana Initiative). ➢ Would supplement existing state rules regarding buffer and zone requirements for the siting of medical marijuana dispensaries, and any future state requirements for the siting of recreational marijuana facilities as the OLCC and State Legislature establish new regulations for their location and operation. o Would require a minimum 500' buffer between a site containing a marijuana facility and a property within a residential zone or park zone, or within 500' of a library o Would require a minimum 1,000' buffer between a site containing a marijuana facility and a property containing a public or private school, or a career school where minors are present. o Would limit hours of operation to between 10am and 8pm. o Would establish design requirements and odor standards to prevent off-site nuisances and enhance security. ➢ Would apply to the full range of activities associated with the production, processing, distribution, and sale of marijuana. ➢ Would not remove or replace existing code requirements for the underlying use. For example, a dispensary or an indoor grow facility would be required to meet all development code requirements applicable to "Sales-Oriented Retail" or"General Industrial" land uses in the underlying zone. Other Jurisdictional Responses To facilitate deliberation and establish a framework for what is considered "reasonable" by other jurisdictions, staff is including a summary of how other cities have chosen to regulate marijuana dispensaries within their borders. Note, the proposed text amendments included as Attachment 1 will apply to the full chain of production and distribution, in anticipation of future licensing authorized under Measure 91, and are not limited to dispensaries as is the case with each city or county below. Washington County ➢ Limited to hours between 8:00am and 10:00pm. ➢ Allowed in specified commercial and industrial districts, with square footage limited to 3,000 square feet within the Industrial (IND), General Commercial (GC), and Rural Commercial (R-COM) Land Use Districts. ➢ Minimum 2,000 feet between dispensaries. ➢ Minimum 1,500 feet from any light rail platform. ➢ Entrances and off-street parking areas must be well lit and not visually obscured from public view. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10 City of Salem ➢ Limited to hours between 10:00am and 8:00pm. ➢ Cannot be located within: o Central Business Zoning District. o Within a residence or mixed-use property that includes a residence. o Within 500 feet of a public park or public playground. o Within 100 feet of a residentially zoned property unless the location abuts a major arterial or parkway. o Within 100 feet of a certified child care facility. ➢ Drive-through windows prohibited. ➢ All odors must be contained to premises. City of Beaverton: ➢ Limited to hours between 7:00am and 10:00pm. ➢ Limited to three zones: GC (General Commercial), CS (Community Service), and CC (Corridor Commercial). City of Ashland ➢ Limited to hours between 9:00am and 7:00pm. ➢ Limited to properties adjacent to a boulevard, and prohibited within the Downtown Design Standards Zone. ➢ Design standards o Must be located within a permanent building. o Drive-through windows prohibited. o Security bars and grates prohibited. o Establishes off-site odor standards. City of McMinnville ➢ Limited to hours between 10am and 7pm. ➢ Minimum 1,000 foot buffer from a preschool,public library, aquatic center, and community center. City of Albany ➢ Minimum 300 foot distance buffer from any property zoned residential, mixed-use, Office Professional, or Neighborhood Commercial. ➢ Restrictions do not apply to property zoned Industrial Park,Light Industrial, or Heavy Industrial. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on December 16, 2015 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Oregonian newspaper and the City published newsletter (Cityscape) prior to the hearing. Project information and documents were published to the City web site prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This goal is satisfied. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 10 Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 6—Air,Water, and Land Resources Quality: This goal seeks to maintain and improve the quality of the air,water and land resources by the state. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendments create a land use control that will buffer land uses and prevent or mitigate off-site impacts that could lead to conflicting impacts upon air resources. Consistency with the City's air quality goal and policies are discussed later in this report under applicable policies of the Tigard Comprehensive Plan. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. APPLICABLE PROVISIONS OF THE OREGON MEDICAL MARIJUANA ACT Initially adopted by State ballot measure in 1998, the Oregon Medical Marijuana Act (ORS 475) governs the production, distribution, and use of medical marijuana within the State of Oregon. In March 2014, the Oregon Legislature amended ORS 475 under Senate Bill 1531 which authorizes local governments to impose reasonable regulations on the operation of medical marijuana facilities. SECTION 2. Notwithstanding ORS 633.738, the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of medical marijuana facilities registered, or applying for registration, under ORS 475.314 that are located in the area subject to the jurisdiction of the city or county. For purposes of this section, "reasonable regulations" includes reasonable limitations on the hours during which a medical marijuana facility may be operated, reasonable limitations on where a medical marijuana facility may be located within a zone described in ORS 475.314 (3)(a) and reasonable conditions on the manner in which a medical marijuana facility may dispense medical marijuana. FINDING: As detailed in Attachment 1, the proposed amendments establish reasonable restrictions on hours of operation, allowed locations, and design and operational requirements to prevent or mitigate potential off- site community impacts. Because SB1531 does not define the word "reasonable", the amendments are based in part on pre-existing develotment code restrictions already adopted and enforced within the city of Tigard, or elsewhere across the state anc Pacific Northwest. As detailed in Attached 2,preliminary mapping of the effects of the proposed location restrictions indicates that a significant portion of the City can comply with the buffer restriction, and would not create an undue burden on businesses trying to find a location to operate. This requirement is met. CONCLUSION: Based on the findings above, staff finds that the proposed code text amendment is consistent with the Oregon Medical Marijuana Act. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 APPLICABLE PROVISIONS OF THE CONTROL, REGULATION, AND TAXATION OF MARIJUANA AND INDUSTRIAL HEMP ACT (MEASURE 91) On November 4, 2014, Oregon voters approved Ballot Measure 91 (Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act) to legalize the use and possession of recreational marijuana on July 1, 2015. The law also directs the Oregon Liquor Control Commission to tax, license, and regulate recreational marijuana. Section 59 of the act specifically authorizes local governments seeking to impose reasonable time, place, and manner restrictions in order to address adverse community impacts. SECTION 59.Authority of cities and counties over establishments that serve marijuana. (1) Cities and counties may adopt reasonable time, place and manner regulations of the nuisance aspects of establishments that sell marijuana to consumers if the city or county makes specific findings that the establishment would cause adverse effects to occur. FINDING: As detailed in Attachment 1, the proposed amendments establish reasonable restrictions on hours of operation, allowed locations, and design and operational requirements to prevent or mitigate potential off- site community impacts. Because Measure 91 does not define the word "reasonable", the amendments are based in part on pre-existing development code restrictions already adopted and enforced within the city of Tigard, or elsewhere across the state and Pacific Northwest. As detailed in Attached 2, preliminary mapping of the effects of the proposed location restrictions indicates that a significant portion of the City can comply with the buffer restriction, and would not create an undue burden on businesses trying to find a location to operate. As detailed below and in the purpose statement of the proposed Marijuana Facilities chapter, the purpose of the proposed amendments is to prevent or mitigate possible adverse community impacts associated with marijuana facilities. These include,but are not limited to, the following: ➢ Diversion of marijuana to unauthorized cardholders,particularly minors; ➢ Unpleasant odors associated with the growing,processing, and consumption of marijuana; ➢ Unwanted noise generated by visiting customers during early or late hours, and/or the constant hum of electrical generators and fans; ➢ Crime such as theft, burglary, armed robbery, and kidnapping that can result due to the presence of large amounts of cash, a product that can be resold for significant amounts of money on the black market, and potentially vulnerable users visiting the facilities; ➢ Threats to health,life and property resulting from facilities not constructed to code; and/or ➢ Explosions resulting from the use of butane as a processing agent. These impacts are intended to be prevented or controlled by creating minimum distances between marijuana facilities and residential neighborhoods or other places where children are present, by limiting hours of operation, limiting off-site odors, and requiring minimum design standards to facilitate security and safety. This requirement is met. CONCLUSION: Based on the findings above, staff finds that the proposed code text amendment is consistent with the Oregon Medical Marijuana Act. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because the Development Code Amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 10 FINDING: This goal has been met by meeting and exceeding the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on December 16, 2015 to affected government agencies and the latest version of the City's interested parties list, and a copy of the same notice was emailed to a list of individuals who had previously expressed interest in the topic of marijuana regulations within Tigard. A notice was published in the Oregonian newspaper and the City published newsletter (Cityscape) prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section VII of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is met. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING: The proposed text amendments will enable a new type of taxable economic activity to occur within the city. This policy is satisfied. Policy 2.1.11: The City shall adopt regulations and standards to protect public safety and welfare from hazardous conditions related to land use activities. FINDING: The proposed text amendments are intended to protect the public welfare by providing for appropriate distance buffer from residential areas and parks, and minimum design requirements, in order to prevent or reduce hazards associated with a cash only business, a product with a strong black market value, and the exposure of a controlled product to minors. This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments will require all marijuana facilities requiring a state license or state registration to conform to site design and development regulations, even when there is no underlying change in land use classification. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments include use regulations and development standards to ensure compatibility between marijuana facilities subject to state licensing or registration, and adjacent development and public facilities. This policy is met. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. FINDING: The proposed amendments include design standards that will protect community livability by allowing the development of marijuana facilities within the City in a manner that is compatible with MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 10 surrounding land uses and public facilities. This policy is met. Comprehensive Plan Goal 6: Environmental Quality Policy 6.1.7: The City shall improve the Environmental Performance Standards to minimize impacts from noise and light pollution. FINDING: The proposed amendments establish an environmental performance standard for marijuana related odors. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Policy 9.1.3 The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. FINDING: The proposed text amendments are intended to be flexible and adaptive to the new marijuana economy in Oregon, as investors try new and unknown business models and the state adopts new regulatory requirements. This flexibility and adaptability is grounded in the regulation of the license or regulation requirement, not the underlying land use classification, and a focus on minimum compliance standards rather than proscribed locations. This policy is met. Policy 9.1.12 The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. FINDING: As detailed in Attachment 1, the proposed text amendments are intended to create minimum compliance standards to prevent or mitigate potential community impacts that could result from marijuana related business activity. This policy is met. Comprehensive Plan Goal 10: Housing Policy 10.2.1: The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. Policy 10.2.8: The city shall require measures to mitigate the adverse impacts from differing, or more intense, land uses on residential living environments, such as: A. Orderly transitions from one residential density to another; B. Protection of existing vegetation, natural resources and provision of open space areas; and C. Installation of landscaping and effective buffering and screening. FINDING: The proposed text amendments include use regulations and development standards to prevent or mitigate adverse impacts to adjacent uses, for the purpose of protecting the quality and livability of residential neighborhoods within the city. Development standards include minimum distance buffers, limits on hours of operation, and odor standards. All marijuana facilities approved under the proposed standards will also be subject to all other provisions of the Tigard Development Code,including landscaping and buffering standards (Chapter 18.745), Sensitive Lands (Chapter 18.775), and Urban Forestry (18.790). These policies are met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed text and map amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is met. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5) Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed code text and map amendments are consistent with the applicable Statewide Planning Goals; the Oregon Medical Marijuana Act; the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act (Measure 91); applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. No federal or Metro statutes or regulations were found to be applicable. SECTION V. STAFF ANALYSIS Staff analysis and commentary on the proposed text amendments are included as Attachment 1. Even- numbered pages contain commentary on the amendments, which are contained on the opposite (following) odd-numbered page. The commentary establishes,in part, the legislative intent in adopting these amendments. SECTION VI. OTHER ALTERNATIVES No Action — The code would remain unchanged. The Planning Commission could recommend no action be taken, and implement existing code when presented with a development application or land use compatibility statement for a medical marijuana facility. This course of action presents uncertainty due to conflicting local, state, and federal requirements. ➢ Existing Tigard Development Code (TDC) Subsection 18.210.030.A requires all development applications to be consistent with federal law. ➢ Continued federal classification of marijuana as a Schedule II drug may require the city to deny all land use applications for medical marijuana facilities as not being consistent with Federal law. ➢ Uncertainty will remain as some facilities may be able to open if no land use permits are required from the city (i.e. conversion of an existing retail space to a state licensed dispensary). ➢ The City could be at risk of legal action for imposing a possible moratorium, potentially in conflict with state requirements. SECTION VII. AGENCY COMMENTS City of Portland, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, METRO, ODOT, Oregon Department of Energy, DLCD, DEQ, ODFW, CWS, Beaverton School District, Tigard/Tualatin School District, Tri-Met, Tigard Water District, Tualatin Valley Water District, Tualatin Hills Parks and Rec District, Tualatin Valley Fire & Rescue, Tigard Public Works, and Tigard Building Division were notified of the proposed code text amendment but provided no comment. MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 10 The City of Beaverton was notified of the proposal and had no objections. The City of Tigard Police Department reviewed the proposal and suggested text changes to increase the distance buffer to 1,000 feet from schools for regulatory consistency, and inclusion of career schools as a point of buffering. Suggested changes have been incorporated into the proposed text amendments in Attachment 1. SECTION VIII. PUBLIC COMMENTS No written comments were received as of the date of this staff report. ATTACHMENTS: Attachments: 1. Draft Text Amendments. 2. Preliminary Location Maps 3. OLCC Liquor Stores by City (Last Updated 12/29/2014) January 5, 2015 PREPARED BY: John Floyd DATE Associate Planner January 5, 2015 APPROVED BY: Tom McGuire DATE Assistant Community Development Director MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 01/12/2015 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10 Attachment "1" CITY OF TIGARD MARIJUANA FACILITIES PROJECT PROPOSED DEVELOPMENT CODE AMENDMENTS DCA2014-00002 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd, Tigard, OR 97223 503-718-2429 / johnfl@tigard-or.gov Staff Commentary Introduction The Tigard Marijuana Facilities Development Code Project is a series of text amendments whose purpose is to bring the City of Tigard into compliance with State law. Proposed changes to the Tigard Development Code include new definitions to be placed within Chapter 18.120 (Definitions); text amendments to Chapter 18.210 (General Administrative Provisions) to remove a requirement that development be consistent with federal law; and creation of a new chapter to be titled 18.735 (Marijuana Facilities) that would establish time,place, and manner restrictions on marijuana facilities within the City of Tigard. How to read this report This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. Proposed changes are indicated by the use of strikcthroughs to indicate language to be removed, a double underline to indicate language to be inserted,and the use of red font to further identify the proposed changes. Commentary on Proposed Definitions Definitions to be inserted in Chapter 18.120 are based on language used in the recently enacted Marijuana Tax adopted by the Tigard City Council under Ordinance 14-02. Definitions have been crafted to try and address the full range of economic activity associated with the production, processing, distribution, transfer, and consumption of cannabis. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT-JANUARY 12, 2015 2 Proposed Text Amendments CHAPTER 18.120 DEFINITIONS 18.120 Definitions 18.120.030 Meaning of Specific Words and Terms "Marijuana" -All parts of the plant of the Cannabis family Moraceae,whether growing or not;the resin extracted from any part of the plant;and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound,manufacture, salt, derivative,mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Marijuana Facility"—A commercial or public use or structure where marijuana is produced, processed, distributed, transferred, sold, or consumed. TIGARD MARIJUANA FACILITIES PROJECT! PLANNING COMMISSION DRAFT —JANUARY 12, 2015 3 Staff Commentary Proposed changes to TDC 18.210.030 would remove consistency requirement with Federal law, and thus reduce legal uncertainties presented to the City and applicants where state and federal law conflict on the matter of marijuana. Under existing code and the continued federal classification of marijuana as a Schedule II drug, the city would be required to deny all land use applications for medical marijuana facilities. This could also create legal uncertainty in situations where a facility wants to open in a location and no land use or building permits are necessary (i.e. conversion of an existing retail space to a state licensed dispensary). Another point of uncertainty exists in that Measure 91 requires a petition and election of the voters for a jurisdiction to prohibit recreational marijuana licenses. The proposed changes would remove those conflicts from local land use regulations. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 4 Proposed Text Amendments CHAPTER 18.210 GENERAL ADMINISTRATIVE PROVISIONS 18.210.030 Consistency With Plan and Laws A. Consistency with comprehensive plan and other local and state laws. Each development and use application and other procedure initiated under this title shall be consistent with the adopted comprehensive plan of the City of Tigard as implemented by this title and with applicable state mid fcdcral laws and regulations. All provisions of this title shall be construed in conformity with the adopted comprehensive plan TIGARD MARIJUANA FACILITIES PROJECT PLANNING COMMISSION DRAF1 -JANUARY 12, 2015 5 Staff Commentary The proposed text amendments would result in a new chapter of the Tigard Development Code known as TDC 18.735 (Marijuana Facilities) that would establish specific development standards for marijuana related businesses. These standards are being developed as a standalone chapter due to the unique legal status and potential community impacts presented by this new land use. Section 18.735.010 establishes the purpose of the zone. In addition to the reasons listed, the specific community impacts this code is intended to prevent or mitigate includes the following: ➢ Diversion of marijuana to unauthorized cardholders, particularly minors, by avoiding the location of facilities near places where children live and congregate; ➢ Unpleasant odors associated with the growing,processing, and consumption of marijuana; ➢ Unwanted noise generated by visiting customers during early or late hours, and/or the constant hum of electrical generators and fans; ➢ Crime such as theft, burglary, armed robbery, and kidnapping that can result due to the presence of large amounts of cash, a product that can be resold for significant amounts of money on the black market, and potentially vulnerable users visiting the facilities; ➢ Threats to health,life and property resulting from facilities not constructed to code; ➢ Explosions resulting from the use of butane as a processing agent; and/or ➢ An undue burden placed on City and regional agencies who may be required to respond and address the community impacts listed above. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 6 Proposed Text Amendments CHAPTER 18.735 MARIJUANA FACILITIES Sections: 18.735.010 Purpose 18.735.020 Applicability 18.735.030 Approval and Enforcement 18.735.040 Development Standards 18.735.010 Purpose The purpose of this chapter is to: A. Protect the general health, safety,property, and welfare of the public; B. Balance the right of individuals to produce and access marijuana and marijuana derivatives consistent with state law,with the need to minimize adverse impacts to nearby properties that may result from the production, storage, distribution, sale, and/or use of marijuana and derivatives; C. Prevent or reduce criminal activity that my result in harm to persons or property; D. Prevent or reduce diversion of state-licensed marijuana and marijuana derivatives to minors; and E. Minimize impacts to the City's public safety services by reducing calls for service. TIGARD MARIJUANA FACILITIES PROJECT PLANNING COMMISSION DRAFT —JANUARY 12, 2015 7 Staff Commentary Section 18.735.020 establishes where the provisions of this chapter would apply. As set forth in this section, this chapter would apply to the whole chain of production and custody in both a medical and recreational context. The threshold for application would be the requirement for a state license or registration of the facility, and would not apply to personal exemptions. Section 18.735.030 establishes a Type I review process to determine minimum compliance with the development standards set forth elsewhere in this section. The purpose of this review process is to capture all new businesses entering or establishing themselves within the city, even in situations where no other land use or building permits are required. As a Type I process, no public notification will be provided to nearby property owners,with the assumption that the development standards set forth in 18.735.040 will prevent or sufficiently mitigate negative off-site impacts that could occur to sensitive land uses within proximity of the facility The documentation requirements set forth in 18.735.030.0 are similar to requirements set forth in the Durham Facility Plan District (see 18.650.070.G), and are intended to facilitate a meaningful and objective review of facilities that may create a significant and unpleasant odor impact upon the neighborhood. The standard is written broadly to allow flexibility in how the applicant responds to the standard, as well as flexibility to the city as new and unknown business models and building types and activities are presented as this sector of the economy develops. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 8 Proposed Text Amendments 18.735.020 Applicability A. Relationship to other standards. The regulations within this Chapter are in addition to base zone standards. Sites with overlay zones, plan districts,inventoried hazards, and/or sensitive lands are subject to additional regulations, Specific uses or development types may also be subject to regulations set forth elsewhere in this tide. B. When provisions apply. The provisions of this chapter shall apply to all marijuana facilities requiring a state license or registration. 18.735.030 Compliance and Enforcement A. Procedure: All marijuana facilities requiring a state license or registration, and public places of assembly where marijuana is consumed, shall demonstrate minimal compliance with these standards through a Type I procedure as set forth in 18.390.030 of this Title,using approval criteria set forth in Subsection B of this section. B. Approval Criteria: Development subject to the provisions of this chapter shall demonstrate compliance with all standards set forth in Section 18.735.040 of this Chapter. C. Documentation: The following provisions shall apply at the time of minimum compliance review or a request for enforcement: 1. When processing a minimum compliance review, the City may accept an evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed development will meet the off-site odor impact standard. The evaluation and explanation shall provide a description of the use or activity, equipment,processes and the mechanisms, or equipment used to avoid or mitigate off-site impacts. 2. If the City does not have the equipment or expertise to measure and evaluate a specific complaint regarding off-site impacts,it may request assistance from another agency or may contract with an independent expert to perform the necessary measurements. The City may accept measurements made by an independent expert hired by the controller or operator of the off-site impact source. TIGARD MARIJUANA FACILITIES PROJECT PLANNING COMMISSION DRAFT -JANUARY 12, 2015 9 Staff Commentary State statute authorizes local governments to establish reasonable time, place, and manner restrictions on both medical and recreational marijuana facilities when tied to specific community impacts. In determining what is "reasonable", staff recommends looking at existing precedents both within Tigard and across the region. The Tigard Development Code already includes use and design regulations comparable to those proposed in 18.735.050,including: o Restrictions on hours of operation; o Restriction on allowed zones; o Distance buffers; o Limits on size; o Design and Security requirements; and o Environmental performance standards for odor. Restrictions on hours of operation are proposed o According to data published by the OLCC, proposed hours of operation in TDC 18.735.050.0 are more expansive than those posted by the existing liquor stores in Tigard (11-9 Monday — Friday, 10-7 Saturday, closed on Sunday). Looking at surrounding communities, the proposed hours of operation are identical to (or slightly more expansive) than existing liquor store hours in King City,Beaverton, and Tualatin. o An exception to hours of operation for industrial uses has been included in the proposal for industrial uses where the general public is not present. Exterior lighting requirements are comparable to those required during normal Site Development Review (see TDC 18.360.090.I). There is existing precedent for the use of minimum distance buffers as a reasonable land use control for marijuana related businesses, such as those proposed in 18.735.040.H: o The states of Oregon has already set a precedent for the use of 1,000 foot distance buffers as a reasonable method to avoid diversion of marijuana and minimizing public nuisances that may affect minors attending a primary or secondary school. o Washington State ballot measure I-502, prohibits the issuance of a licenses for the sale of marijuana within 1,000 feet of playgrounds, public parks, recreational facilities, child care centers, elementary or secondary schools, transit centers,libraries, or game arcades not restricted to 21 and older. o The city of Tigard adult entertainment standards (18.330.050.B.1) require a 500 ft. separation between adult entertainment uses and specified land uses which may be negatively impacted by adult entertainments. o Other local governments within Oregon have adopted minimum distance requirements from specified land uses, including: Washington County (1,500 —2,000 feet), City of Salem (100-500 feet), City of McMinnville (1,000 feet), and City of Albany (300 feet). The City of Hillsboro is also considering 1,000 foot minimum distance buffers from residential areas, but the public hearing process has not yet concluded. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 10 Proposed Text Amendments 18.735.040 Development Standards Development subject to the provisions of this chapter shall demonstrate compliance with all of the following standards: A. The proposed development complies with all applicable State requirements. B. The proposed use is allowed in the underlying zone and complies with all applicable requirements of this title. C. Hours of commercial operation shall be limited to the hours between 10:00 am and 8:00 pm. General industrial uses with no on-site retail activity are exempt from this restriction. D. Primary entrances shall be located on street-facing facades and clearly visible from a public or private street. E. The proposed development shall be located inside a permanent building and may not be located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor storage of merchandise,plants, or other materials is not allowed. F. Parking lots,primary entrances, and exterior walkways shall be illuminated with downward facing security lighting to provide after-dark visibility to employees and patrons. Fixtures shall be located so that light patterns overlap at a height of seven feet. G. Drive-through marijuana facilities are prohibited. H. The proposed site is not be located within 500 feet of any parcel or tract of land within the City of Tigard and containing one or more of the following characteristics, as measured at the closest property lines: a. Residential Zone b. Parks and Recreation Zone c. Public Library I. 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STORE LOCATION PHONE ADDRESS REGULAR HOURS 1213 Agness 541-247-7233 04219 Agness Rd 97406 Summer: 8-7 M-Sun Winter: 10-6 M-Sun 1219 Albany Downtown 541-926-1166 104 4th Ave SE 97321 11-7 M-S; 12-5 SUN 1103 Albany East 541-926-2887 2530 Pacific Blvd SE 97321 11-7 M-S; 12-5 SUN 1191 Aloha Farmington 503-649-6155 17455 SW Farmington Rd Ste 30A 11-7 M-T;10-7 F-S; Closed Sunday 97007 1239 Aloha TV Hwy 503-591-9590 20285 SW Tualatin Valley Highway 11-7 M-Th; 10-8 FS; 11-4 Sun 97003 1039 Amity 503-835-0300 520 S.Trade St 97101 7-10 M-SUN 1064 Arlington 541-454-2633 200 Arlington Mall 97812 8-6 M-S; 10-2 Sun 1012 Ashland 541-482-4258 40 Lithia Way 97520 10-7 M-Th; 10-8 F-S; 11-6 Sun 1167 Astoria 503-325-4784 730 Bond Street, Suite A 97103 10-7 M-S; 11-4 Sun 1006 Athena 541-566-2396 313 E. Main St 97813 7-7 M-S; 7-6 Sun 1092 Baker City 541-523-5022 1250 Campbell St 97814 10-7 M-Th; 10-8 F; 10-7 S; Closed Sunday 1056 Bandon 541-347-2106 1125 Alabama Ave SE 97411 10-7 M-S; 10-5 Sun 1073 Banks 503-324-2171 12350 NW Main Street, Suite 100 7-10 M-S; 7-10 Sun 97106 1237 Beaverton Allen Blvd 503-644-2235 14334 SW Allen Blvd 97005 11-7 M-W; 11-8 Th-S; 11-6 Sun 1250 Beaverton Murray Scholls 503-521-9032 14700 SW Murray Scholls Dr.Ste104 11-8 M-S; 12-6 Sun 97007 1086 Beaverton Progress 503-646-2875 8616 SW Hall Blvd 97008 11-7 M-Th; 11-8 F-S;11-5 Sun 1230 Beaverton Town Square 503-644-7567 11423 SW Beaverton/Hillsdale Hwy_ 9-10 M-S; 11-9 Sun 97005 1150 Bend East 541-318-2977 2220 NE Highway 20, Ste. 1 97701 10-9 M-W; 9-9 Th-S; 10-7 Sun 1163 Bend North 541-382-7050 2040 NE 3rd Street#108 97701 10-8 M-Th, 10-9 FS, 11-6 Sun 1069 Bend South 541-388-0692 61153 S Highway 97 97702 10-7 M-S; Closed Sunday 1242 Bend West 541-312-2229 155 SW Century Dr., Suite 100 97702 10-8 M-T; 10-9 FS; 11-7 Sun 1165 Blue River 541-822-3531 51748 Cascade Street 97413 Win: 8-7M-F;9-75;10-5Sun. Sum: 8-8M-F;9-8S;10-7Sun 1044 Bly 541-353-2271 61278 Hwy 140 E 97622 Winter: 7-6 M-Sun; Summer: 7-7 M-Sun 1161 Boardman 541-481-7351 202 NW 1st 97818 9-7 M-S; 11-3 Sun 1111 Bonanza 541-545-6621 31919 Hwy 70 97623 7-9 M-S; 7-9 Sun 1129 Brookings 541-469-2502 896 Chetco Ave 97415 9-6 M-Th; 9-7 FS; 12-4 Sun 1009 Brownsville 541-466-9100 130 Spaulding Ave 97327 10-7 M-Th; 10-7:30 FS; Closed Sunday 1014 Burns 541-573-2511 767 Ponderosa Village 97720 10-7 M-TH, 10-8 F-SA, 11-4 SUN 1226 Butte Falls 541-865-3223 415 Broad St 97522 Winter: 8-8 M-Sun; Summer: 8-9 M-Sun 1208 Camas Valley 541-445-2313 18355 Highway 42 97416 Winter: 7-8 M-S; Summer: 7-8 M-S; Closed Sunday 1122 Canby 503-266-3562 426 NW 1st Avenue 97013 11-7 M-S; 12-4 Sun 1018 Cannon Beach 503-436-2558 171 Sunset Blvd 97110 11-7 M-Th;11-8 F,S; 12-6 Sun 1247 Cannon Beach Downtown 503-436-0677 239 N Hemlock 97110 Winter:T-Th 10-6,F-Sun 11-6;Closed Mon 1134 Canyonville 541-839-4105 425 N Main Street 97417 7-10 M-S; 7-10 Sun 1114 Cascade Locks 541-374-8425 450 Wanapa Street 97014 WIN 7-9 Sun-Th, 7-10 F,S; SUM 7-10 M-S; 7-9 Sun 1138 Cave Junction 541-592-3685 121 S. Redwood Hwy 97523 11-7 M-S; Closed Sunday 1085 Central Point 541-664-3910 1217 Plaza Blvd., Suite C 97502 11-8 M-Th; 11-9 FS; 12-5 Sun 1211 Charleston 541-888-4646 91133 Cape Arago Hwy 97420 9-9 M-S; 9-8 Sun For further information contact Retail Services 503-872-5020 OLCC.RetailServices@state.or.us O�4OON Uq, Liquor Stores by City s0 Last Updated On 12/29/2014 <(.00,5' (Please call ahead to verify store holiday hours.) STORE LOCATION PHONE ADDRESS REGULAR HOURS 1110 Chemult 541-365-4422 94511 Highway 97 N 97731 Sum: 9-8 MS; 10-6 Sun;Win: 10-7 MS; 10-6 Sun 1084 Chiloquin 541-783-2346 323 Chocktoot 97624 7:30-8 M-S; 9-8 Sun 1223 Christmas Valley 541-576-2500 87164 Christmas Valley Hwy 97641 Winter: 7-8 M-Sun; Summer: 7-9 M-Sun 1101 Clackamas 503-656-5186 16142 SE 82nd Dr 97015 10:30-7:30 M-Th,10:30-8 FS; 11-4 Sun 1238 Clackamas Sunnyside 503-698-5829 12046 SE Sunnyside Rd 97015 11-8 M-Th; 10-8 FS; 12-5 Sun 1027 Clatskanie 503-728-2892 235 W. Columbia River Hwy 97016 10-7 M-S; 10-4 Sun 1001 Condon 541-384-2801 225 S Main Street 97823 9-6 M-F; 10-6 S; Closed Sunday 1108 Coos Bay 541-267-6421 784 Central Ave. 97420 10-7 M-Th;10-8 F-S;11-6 Sun 1055 Coquille 541-396-4651 630 Hwy 42 E 97423 11-7 M-S; 11-3 Sun 1228 Corvallis Downtown 541-753-7998 575 SW Washington Avenue 97333 10-7:30 M-W, 10-8 Th-Sat; Closed Sunday 1194 Corvallis North 541-754-0769 935 NW Circle Blvd. 97330 10-8 M-S; 12-5 Sun 1137 Cottage Grove 541-942-3469 1785 E Main St#3 97424 10:30-7:30 M-S; 11-6 SUN 1081 Crescent 541-433-2530 136854 Highway 97 N 97733 9-6 M-S; 10-5 Sun 1153 Creswell 541-895-2559 159 E Oregon Ave 97426 10:30-8:30 Sun-Sat 1016 Dallas 503-623-9668 170 W. Ellendale, Suite 105 97338 11-7 M-W; 11-8 Th-S, 11-7 Sun 1135 Dayville 541-987-2133 207 W Franklin Ave 97825 Winter: 9-6 M-S; Summer: 8-6 M-S; 9-5 Sun 1020 Depoe Bay 541-765-2317 Hwy 101, Mall 101, Ste H 97341 11-7 M-S; Closed Sunday 1203 Detroit 503-854-3696 215 D Street 97342 Winter: 7-8 Sun-Th; 7-10 FS; Summer: 7-10 M-Sun 1206 Dexter 541-937-2616 38830 Dexter Rd 97431 Sum 7-8 M-S;8-6 Sun;Win 7-7 M-S;8-6 Sun 1088 Drain 541-836-2054 202 Second Street 97435 Win: 9-9 Sun-Th; 9-10 FS; Sum: 9-10 M-Sun 1026 Eagle Point 541-826-3255 11150 Highway 62 97524 9:30-8 M-S, 11-5 Sun 1079 Elgin 541-437-0188 1480 Division Street 97827 7:30-8 M-TH, 8-8 Fri-Sun 1005 Enterprise 541-426-4393 106 W Main Street 97828 10-6 M-S; Closed Sunday 1046 Estacada 503-630-6886 305 SW Wade St. 97023 10-7 M-S; Closed Sunday 1218 Eugene Downtown 541-343-4424 401 West 11th Ave 97401 10-8 MT; 10-9 WTh; 10-10 FS; 11-5 Sunday 1193 Eugene NE 541-485-3093 1530 Coburg Rd 97401 10-8 M-T; 10-9 F-S; 11-6 Sun 1169 Eugene NW 541-688-1400 74 Division Ave 97404 11-8 M-Th; 11-9 FS; 11-6 Sun 1154 Eugene South 541-343-3611 2866 Willamette St 97405 10-8 M-W; 10-9 Th-S; 10-7 Sun 1188 Eugene West 541-343-2757 2170 W 6th Avenue 97402 10-8 M-TH, 10-9 FS; Closed Sunday 1229 Eugene Westside 541-342-3881 4325 Commerce St, Suite 112 97402 10-8 M-Th; 10-9 FS; 11-6 Sun 1159 Fields 541-495-2275 22276 Fields Dr 97710 8-6 M-S; 9-5 Sun 1077 Florence 541-997-2084 1730 Highway 126 97439 10-7 M-S; Closed Sunday 1146 Forest Grove 503-359-5586 3130 Pacific Ave 97116 10-7 M-S; Closed Sunday 1066 Fossil 541-256-0694 690 Main Street 97830 10-6 Mon-Sat 1125 Garibaldi 503-322-3456 510 Garibaldi Ave 97118 9-6 M-F; 10-6 S; Closed Sunday 1160 Gearhart 503-738-8232 4206 Highway 101 N 97138 Winter:11-7M-S,12-4Sun; Summer:11-7M-S,12-6Sun 1065 Glendale 541-832-2561 432 Pacific Ave 97442 9-6 M-S; 10-6 Sun 1057 Gold Beach 541-247-7514 29830 Ellensburg Avenue 97444 Sum:10-6 M-Th;10-7 F;10-6 S; 1-5 Sun;Win M-S 10-6 1244 Government Camp 503-272-3107 30521 E Meldrum St 97028 7-8 M-Sun 1076 Grants Pass Downtown 541-479-3729 210 SE 8th Street 97526 9-7 M-Th; 9-8 FS;11-5 Sun 1214 Grants Pass East 541-476-1844 1638 Williams Hwy 97527 9-7 M-Th; 9-8 FS; 11-5 Sun For further information contact Retail Services 503-872-5020 OLCC.RetailServices@state.or.us O�4OON Uq, Liquor Stores by City s0 Last Updated On 12/29/2014 <coMM�S� (Please call ahead to verify store holiday hours.) STORE LOCATION PHONE ADDRESS REGULAR HOURS 1025 Gresham East 503-665-9327 2414 SE Burnside Road 97080 10-10 M-S; 10-6 Sun 1119 Gresham Rockwood 503-665-4479 7 NE 181st Avenue 97230 11-8 M-S; 11-6 Sun 1041 Gresham Troutdale 503-665-5227 3030 NE Hogan Dr,#A 97030 10-10 M-S; 11-6 Sun 1071 Halfway 541-742-2726 143 N Main St 97834 10-6 M-S; Closed Sunday 1098 Happy Valley Southgate 503-774-4201 10415 SE 82nd Ave 97086 10-8 M-S; 11-6 Sun 1109 Harrisburg 541-995-8203 103 S Third St. 97446 7-10 M-Sun 1002 Heppner 541-676-9158 217 N Main Street 97836 7:30-6 M-F; 9-6 S; Closed Sunday 1010 Hermiston 541-567-8885 1875 N First Street, Unit B 97838 10-7 M-Th; 10-8 FS; 11-5 Sun 1096 Hillsboro 503-648-4232 218 SE 6th Ave 97123 10-7 M-S; 11-5 Sunday 1181 Hillsboro Aloha 503-645-5813 1285 NW 185th Avenue 97006 10-7 M-S; Closed Sunday 1042 Hood River 541-386-1991 2149 Cascade Ave#107 97031 9-8 M-S; 11-6 Sun 1204 Huntington 541-869-2855 165 1st Street E 97907 10-6 M-S; Closed Sunday 1175 Idleyld Park 541-496-3404 23873 N Umpqua Hwy 97447 7-9 M-Sun 1054 Independence 503-838-1941 1353 Monmouth St 97351 11-7 M-TH, 11-8 F, 10-7 SAT; Closed SUN 1209 lone 541-422-7122 285 W Main Street 97843 7-6 M-F; 8-5 S; 9:30-1:30 Sun 1080 Jacksonville 541-899-1829 690 N Fifth 97530 Sum: 10-6 M-S; 11-5 Sun Win: 10-6 M-S Closed Sun 1051 John Day 541-575-1611 131 N Canyon Blvd. 97845 10-6 M-S; Closed Sunday 1136 Jordan Valley 541-586-2201 807 Main Street 97910 7-10 M-Sun 1082 Joseph 541-432-2690 6 S. Main St 97846 Winter: 8-6 M-S;10-4 Sun Summer: 7-6 M-S;10-4 Sun 1061 Junction City 541-998-6598 1650 Ivy St 97448 11-7 M-S; Closed Sunday 1220 Keizer 503-390-0322 3530 River Rd North 97303 10-8 M-TH,10-9 FS,10-6 SUN 1224 Keno 541-884-4944 15211 Hwy 66 97627 7-8 M-Sun 1189 King City 503-620-5115 15745 SW 116th Avenue 97224 10-8 M-S; Closed Sunday 1152 Klamath Falls Downtown 541-882-3684 825 Klamath Ave 97601 10-8 M-S; 10-9 F; 11-3 Sun 1030 Klamath Falls East 541-884-3313 4335 South Sixth St. 97603 10-7 M-Th; 10-9 FS; 12-5 Sunday 1248 Klamath Falls Running Y 541-273-0956 5416 Running Y Rd 97601 Sum:10-6 M-Th;10-7FS;12-SSun 1036 La Grande 541-963-4386 2212 Island Avenue, Space 102 97850 11-7 M-Th; 11-8 F; 11-7 S; 1-5 Sun 1034 La Pine 541-536-2825 51470 Highway 97#11 97739 9:30-7 M-S; Closed Sunday 1178 Lake Oswego Downtown 503-636-1112 644 N State Street 97034 11-7 M-Th;10-8 FS; 12-6 Sun 1158 Lake Oswego Lake Grove 503-636-0310 16364 Boones Ferry Rd 97035 10-8 M-S; 12-5 Sun 1049 Lakeside 541-759-3900 125 N Eighth 97449 11-7 M-S; Closed Sunday 1058 Lakeview 541-947-2236 305 N F Street 97630 Sum:7-10 M-S;7-9 Sun;Win:7-9 M-S;7-8 Sun 1013 Lebanon 541-258-6126 2780 S Santiam Hwy 97355 11-7 M-Th; 11-8 FS; 12-6 Sun 1091 Lincoln City North 541-994-2521 2409 NW Hwy 101 97367 11-7 M-W;10-8 Th-Sat; 11-6 Sun 1023 Lincoln City South 541-996-2056 4787 SW Highway 101 97367 10-7 M-W; 10-8 Th-S; 11-6 Sun 1032 Long Creek 541-421-3344 151 Hwy 395 N 97856 7-6 M-S 1148 Madras 541-475-2491 1555 SW Highway 97, Suite A 97741 10-7 M-S, 11-4 Sun 1127 Malin 541-723-2681 2115 Broadway St 97632 8-6 M-S; Closed Sunday 1176 Mapleton 541-268-4478 10792 Highway 126 97453 6-8 M-S; 7-8 Sun 1149 Maupin 541-395-2888 507 Deschutes Avenue 97037 8-7 M-Sun 1089 McMinnville 503-472-2841 1270 NE Baker St 97128 11-7 M-S; Closed Sunday 1217 Medford East 541-773-1505 535 Stevens Street, Ste K 97504 9-8 M-Th; 9-9 FS; 11-5 Sun 1131 Medford North 541-973-2240 1590 Delta Waters Rd, Suite 110 97504 10-8 M-TH; 10-9 F-S; 12-5 Sun 1174 Medford South 541-772-1155 51 E Stewart Ave, Suite 100 97501 9-8 M-S; 10-5 Sun 1210 Medford West 541-772-5611 2060 W Main St 97501 10-8 M-Th; 10-9 F-S; 12-5 Sun 1126 Merrill 541-798-5722 137 W Front St 97633 8-8 M-Sun 1007 Mill City 503-897-2881 250 NW 9TH Ave 97360 9-7 M-F; 8-7 Sat; 8-5 Sun 1063 Milton-Freewater 541-938-5711 1006 S Main Street 97862 11-7 M-S; Closed Sunday For further information contact Retail Services 503-872-5020 OLCC.RetailServices@state.or.us O�4OON Uq, Liquor Stores by City s0 Last Updated On 12/29/2014 <(.00,5' (Please call ahead to verify store holiday hours.) STORE LOCATION PHONE ADDRESS REGULAR HOURS 1094 Milwaukie 503-654-9020 10804 SE Oak St 97222 10-8 M-S; 11-6 Sun 1105 Milwaukie-Oak Grove 503-653-7375 14632 SE McLoughlin Blvd. 97267 11-7:30 M-Th; 11-8:30 FS; 11-5 Sun 1117 Molalla 503-829-2384 1585 W Main Street, Ste G 97038 11-7 Sun-TH;10-8 F,S 1233 Monument 541-934-2290 335 John Day St 97864 8-6 M-S 1130 Myrtle Creek 541-863-4596 217 NW 2nd Avenue 97457 11-7 M-S; Closed Sunday 1043 Myrtle Point 541-572-5093 309 Spruce St 97458 11-7 M-S; Sun 10-3 1162 Newberg 503-538-5180 2303-A Portland Rd 97132 11-7 M-Th; 10-7 FS; Closed Sunday 1022 Newport 541-265-5621 2019 N Coast Hwy 97365 11-7 M-S; 11-4 Sun 1097 North Bend 541-756-2616 2229 Newmark Ave 97459 10-7 M-Th; 10-8 FS; 11-6 Sunday 1038 North Powder 541-898-2111 845 2nd St 97867 8-7 M-S; 9-5 Sun 1015 Nyssa 541-372-2222 424 Main St. 97913 9-6 M-Th; 9-8 F; 12-8 S; Closed Sunday 1118 Oakridge 541-782-3405 47778 Highway 58 97463 8-8 M-Sun 1235 Odessa 541-356-2272 28200 Hwy 140W 97601 Win: 8-6 M-Sun; Sum 7-7 M-Sun 1011 Ontario 541-889-6129 1179 SW 4th Avenue 97914 11-7 M-S; 12-5 Sun 1172 Oregon City 503-655-9334 1678 Beavercreek Rd, Suite A 97045 11-7 M-F, 10:30-7 S; 11-5 Sunday 1123 Pacific City 503-965-6375 34585 Brooten Rd 97135 8-10 Sun-Sat 1037 Paisley 541-943-3110 329 Highway 31 97636 Winter: 8-6 M-S; Summer: 8-7 M-S; Closed Sunday 1100 Pendleton 541-276-1202 237 SW Emigrant Avenue 97801 10-7 M-S; Closed Sunday 1062 Philomath 541-929-3313 1805 Main Street 97370 11-7 M-S; Closed Sunday 1033 Pilot Rock 541-443-2251 168 NW Birch Street 97868 8:30-8 M-S; 8:30-7 Sun 1128 Port Orford 541-332-0990 1819 Oregon St 97465 Summer: 11-7 M-S;Winter: 10-6 M-S 1205 Portland 205 503-254-5454 10128A E Burnside Street 97216 10-9 M-Th; 10-10 FS; 11-8 Sun 1139 Portland Barbur 503-246-1760 9875 SW Barbur Blvd. 97219 10-10 M-S; 11-8 Sun 1236 Portland Barnes 503-203-5145 7365-D SW Barnes Rd 97225 11:30-7:30 M-Th; 11:30-8 FS; 12-5 Sun 1192 Portland Beaumont 503-282-0178 3334 NE Killingsworth Street 97211 11-7 M-Th; 11-8 F-S; Closed Sunday 1243 Portland Bethany Blvd 503-533-5584 4756 NW Bethany Blvd 97229 10-9 M-Th; 10-10 FS; 11-9Sun 1107 Portland Cedar Mill 503-626-2611 13528 NW Cornell Rd 97229 10-8 M-Th; 10-9 FS; 11-6 Sun 1199 Portland Center 503-241-9354 2075 SW First Ave, Suite 1B 97201 10-10 M-Sat;12-6 Sun 1145 Portland Division 503-762-0227 16353 SE Division St, Suite 100 97236 10-8 M-S; 11-7 Sun 1164 Portland Downtown 503-227-2791 550 SW Washington Street 97204 10-8 M-Th; 10-9 FS; Closed Sunday 1186 Portland Eastport 503-771-8535 4229 SE 82nd Ave Ste 1 97266 10-8 M-S; 11-5 Sun 1170 Portland Eleventh Ave 503-236-2076 1040 SE Hawthorne Blvd. 97214 10-7 M-TH, 10-8 Fri; 11-5 Sun 1241 Portland Garden Home 503-246-3263 7410 SW Oleson Rd 97223 10-7 M-Th; 10-9 FS; 12-5 Sun 1197 Portland Gateway 503-252-4561 10320 NE Halsey Street 97220 11-7 M-S; 12-5 Sun 1155 Portland Hawthorne 503-235-1573 4638 SE Hawthorne Blvd. 97215 11-7 M-Th; 11-8 FS; Closed Sunday 1035 Portland Heights 503-243-1064 2855 SW Patton Rd 97201 11-7 M-S; 12-6 Sun 1074 Portland Hillsdale 503-244-4812 6327-D SW Capitol Hwy, Suite D 97239 11-7 M-T; 10-8 W-S; 12-5 Sunday 1182 Portland Hollywood 503-284-0987 3028 NE Sandy Blvd 97232 9-9 M-Th; 9-10 FS; Sun 12-7 1201 Portland Jantzen Beach 503-283-2907 11980 N Jantzen Dr. 97217 9:30-7:30 M-Th; 9:30-8 FS; 10-7 Sun 1093 Portland Kenton 503-285-1776 8221 N Denver Ave 97217 11-7 M-S; Closed Sunday 1187 Portland King Blvd 503-493-3473 3532 NE MLK Jr. Blvd., Suite B 97212 11-8 M-Sa;11-6 Sun 1221 Portland Lloyd Center 503-288-0961 1621 NE 9th Ave 97212 11:00-8:00 M-S; 1-6:00 Sun 1112 Portland Macadam 503-246-1466 6141 SW Macadam Ave, Suite 103 11-7 M-Th; 11-8 FS; 12-6 Sun 97239 1113 Portland Menlo Park 503-252-3550 11936 NE Glisan Street 97220 9:30-8:30 M-Th, 9:30-9:30 FS; 10:30-7 Sun 1166 Portland Moreland 503-235-3635 7207 SE Milwaukie Ave 97202 10-8 M-S; 12-6 Sun 1120 Portland Parkrose 503-252-4409 4200 NE 122nd Ave 97230 11-7 M-S; Closed Sunday 1245 Portland Pearl District 503-477-8604 900 NW Lovejoy St, Suite 140 97209 9-10 M-S; 12-8 Sun For further information contact Retail Services 503-872-5020 OLCC.RetailServices@state.or.us O�4OON Uq, Liquor Stores by City s0 Last Updated On 12/29/2014 <(.00,9 (Please call ahead to verify store holiday hours.) STORE LOCATION PHONE ADDRESS REGULAR HOURS 1183 Portland Powell 503-771-8107 5120 SE Powell Blvd. 97206 10-8 M-TH;10-9 F-S; Closed Sunday 1202 Portland Raleigh Hills 503-292-1572 4967 SW 76th Avenue 97225 10-7 M-S; 11-5 Sun 1179 Portland Rose City 503-284-7591 7253 NE Sandy Blvd. 97213 9-9 M-S; 11-8 Sun 1142 Portland St Johns 503-286-3931 8915 N Lombard Street 97203 10-7 M-S; Closed Sunday 1200 Portland Tenth Ave 503-227-3391 925 SW 10th Ave 97205 11-8 M-Th; 11-9 FS; 12-5 Sunday 1185 Portland Uptown 503-227-0338 1 NW 23rd PI 97210 10-7 M-S; Closed Sunday 1216 Portland West Slope 503-297-5118 8765 SW Canyon Ln 97225 10-7 M-Th; 10-8 FS, 11-6 Sun 1215 Portland Woodstock 503-777-3058 4324 SE Woodstock Blvd. 97206 10-7 M-S; 12-5 Sun 1031 Powers 541-439-2321 409 2nd Avenue 97466 Win: 8-6 M-Th; 8-7 FS; 9-6 Sun Sum: 8-7M-S; 9-6Sun 1070 Prairie City 541-820-3588 222 NW Front Street 97869 8-7 M-S; Closed Sunday 1003 Prineville 541-447-5844 1350 NE 3rd Avenue 97754 10-7 M-S; 10-6 Sun 1168 Prospect 541-560-3655 500 Mill Creek Dr 97536 Winter: 8-8 M-Sun; Summer: 8-8 M-Sun 1052 Rainier 503-556-6321 75928 Rockcrest 97048 10-7 M-Th; 10-7:30 FS; 11-4 Sun 1246 Redmond North 541-526-1335 2757 NW 7th, Unit 197756 M-S 10-8; 10-6 Sun 1004 Redmond South 541-548-2722 1705 Odem Medo Rd. 97756 10-8 M-S, 10-5 Sun 1019 Reedsport 541-271-3412 1421 Highway 101 S 97467 Winter: 10-7 M-S; Summer: M-S 10-7; 12-4 Sun 1078 Richland 541-893-6167 209 Main Street 97870 9-6 M-S; Closed Sunday 1075 Riddle 541-874-2411 308 N Main Street 97469 11-7 M-Th; 11-8 FS; 12-7 Sun 1104 Rockaway 503-355-8330 422 Hwy 101 S 97136 11-7 M-S; Closed Sunday 1050 Rogue River 541-582-3260 502 E Main Street, Ste 4 97537 10-7 M-Th; 10-8 FS; 11-5 Sun 1095 Roseburg East 541-672-4322 1350-26 NE Stephens Street 97470 10-7 M-Th; 10-8 FS; 10-2 Sun 1225 Roseburg West 541-672-9947 780 NW Garden Valley Blvd.,#84 97471 9-7 M-Th; 9-8 F; 9-7 S;11-5 Sun. 1198 Salem Battlecreek 503-385-1725 5107 Commercial St SE 97306 9-9 M-S; 10-7 Sun 1231 Salem Downtown 503-364-8404 263 Commercial St SE 97301 11-7 M-S; Closed Sunday 1157 Salem East 503-581-5654 698A Lancaster Dr NE 97301 9-9 M-S;10-7 Sun 1141 Salem North 503-581-1910 2829 Lancaster Dr. NE, Suite 150 9-9 M-S; 10-6 Sun 97305 1017 Salem South 503-363-5242 3320 Commercial SE 97302 8-8 M-Th; 8-9 FS; 9-6 Sun 1177 Salem West 503-399-8554 1148 Wallace Rd NW 97304 10-8 M-Th; 10-9 FS; 11-7 Sun 1116 Sandy 503-668-4447 38755 Pioneer Blvd 97055 10-8 M-S; 11-6 Sun 1156 Scappoose 503-543-6515 52517 Columbia River Hwy 97056 10-7 M-F; 10-6 S; Closed Sunday 1151 Seaside 503-738-6641 740 Avenue H, Suite A 97138 11-7 M-S, 12-5 Sun 1047 Shady Cove 541-878-2121 22111 Highway 62 97539 7-10 M-Sun 1053 Sheridan 503-843-2422 103 E Main Street 97378 9-6 M-S; Closed Sunday 1124 Sherwood 503-925-0467 16350 SW Langer Dr 97140 10:30-7:30 M-Th; 10:30-8 FS; Closed Sunday 1133 Silver Lake 541-576-2131 65554 Hwy 31 97638 Winter: 8-7 M-S; Summer: 8-7 M-S; 10-3 Sun 1008 Silverton 503-873-5050 920 N First Street 97381 10-7 M-S 1090 Sisters 541-549-9841 111 W Cascade Avenue 97759 Win: 9:30-6M-S; 9:30-5Sun.Sum: 9:30-7M-S;9:30-5Sun 1196 Springfield East 541-726-9278 5511 Main St 97478 10-8 M-S; 11-6 Sunday 1143 Springfield Gateway 541-736-3959 812 Beltline Rd. 97477 11-8 M-S; 12-5 Sun 1195 Springfield West 541-746-4611 1408 Mohawk Blvd 97477 10-8 M-S; Closed Sunday 1028 ST Helens 503-397-1733 420 Columbia Blvd 97051 10-7 M-F; 10-6 S; Closed Sunday 1144 Stanfield 541-449-3244 225 Main St 97875 7-9 M-Sun 1132 Stayton 503-769-5758 2520 Martin Dr 97383 11-7 M-S; 11-5 Sunday 1099 Sumpter 541-894-2362 150 N Mill St 97877 Sum: 8-7 M-S, 8-6 Sun;Win:9-6 M-Sun For further information contact Retail Services 503-872-5020 OLCC.RetailServices@state.or.us C��GON L/QGO'A Liquor Stores by City s0 Last Updated On 12/29/2014 <coMM�S� (Please call ahead to verify store holiday hours.) STORE LOCATION PHONE ADDRESS REGULAR HOURS 1249 Sunriver North 541-593-8166 18160 Cottonwood Road,#222 97707 7-8 M-Sun 1173 Sunriver South 541-593-8113 57100 Beaver Dr. Bldg. 1 97707 7-9 M-Th; 7-10 FS; 7-9 Sun 1060 Sutherlin 541-459-4108 125 W Central Avenue 97479 9-7 M-S; 11-5 Sun 1106 Sweet Home 541-367-3350 1301 Main St. 97386 11-7 M-S; Closed Sunday 1232 Talent 541-535-2522 101 N Pacific Hwy 97540 7-8 M-S; 9-6 Sunday 1067 The Dalles 541-298-2040 430 Mt. Hood Street 97058 9-8 M-S; 11-6 Sun 1048 Tigard 503-639-1483 12490 SW Main Street 97223 11-7 M-F, 10-7 S; Closed Sunday 1102 Tillamook 503-842-4172 1905 1st St 97141 10-7 M-S; 11-4 Sun 1024 Toledo 541-336-2261 722 W Highway 20 97391 9-6 M-S; 11-5 SUN 1180 Tualatin 503-612-9833 19265 SW Martinazzi Ave 97062 10-8 M-S; 12-5 Sunday 1171 Ukiah 541-427-3271 202 E Main Street 97880 8-7 M-S; 10-7 Sun 1040 Umatilla 541-922-4730 1508 6th St 97882 10:00-7 M-S; 11-4 Sun 1021 Union 541-562-5472 206 S Main Street 97883 Win: 8-6 M-S; Sun 10-4; Sum: 8-7 M-S; 10-4 Sun 1207 Unity 541-446-3660 304 Main St 97884 7-6 M-S; 8-5 Sun 1190 Veneta 541-935-3224 24961 Hwy 126 97487 11-8 M-S; 11-4 Sun 1072 Vernonia 503-429-5651 1026 Bridge St 97064 9-6 M-Th; 9-7 FS; 12-5 Sun 1045 Waldport 541-563-3727 235 Hwy 101 97394 11-7 M-S; Closed Sunday 1083 Wallowa 541-886-2271 210 E First Street 97885 10-6 M-S; Closed Sunday 1234 Wamic 541-544-2333 57016 Wamic Market Rd 97063 8-6 M-Sun 1087 Warrenton 503-861-1103 1673 E Harbor Street 97146 10-7 M-S, 11-4 Sun 1140 Wasco 541-442-5220 1020 Clark St 97065 8-6 M-S; 10-2 Sun 1115 Welches 503-622-3408 68254 E Highway 26 97067 11-7 M-S; 12-4 Sun 1212 West Linn North 503-697-3504 19373 SW Willamette Drive 97068 10-8 M-S; 11-6 Sun 1240 West Linn South 503-723-7455 21130 S. Salamo Rd 97068 11-8 M-S; 12-6 Sun 1121 Wheeler 503-368-4906 327 Nehalem Blvd 97147 10-6 M-S; Closed Sunday 1147 Willamina 503-876-9052 131 NE Main St. 97396 10-6 M-S; 9-4 Sun 1184 Wilsonville 503-682-0323 29955 SW Boones Ferry Rd, Ste H2 11-7 M-S; Closed Sunday 97070 1029 Winston 541-679-7925 390 SW Douglas Blvd 97496 10-7 M-S; Closed Sunday 1068 Woodburn 503-981-1227 1519 N Pacific Hwy 97071 10-7 M-TH,10-8 F-S,10-6 Sun B03>Retail Services>WEB Reports>Agency List>AgencyAlphaWEBList For further information contact Retail Services 503-872-5020 OLCC.RetailServices@state.or.us John Floyd From: Gayle Allen <gayle.allen3©gmail.com> Sent: Wednesday, January 07, 2015 9:23 AM To: John Floyd Subject: Marijuana Dispensaries Issue My personal opinion is that I don't want marijuana dispensaries looking like the cheap hokua shop on Pacific Hwy. I would much prefer having the dispensaries in the liquor stores. I was driving down Pacific Hwy in Tigard recently and it's looking cheap,ugly and it reminded me of 82nd Street in Portland. Thanks. Gayle Allen To plant a garden is to believe in tomorrow. Audrey Hepburn i John Floyd From: Ramaekers, Connie <cramaekers@ttsd.k12.or.us> Sent: Sunday, January 11, 2015 9:40 PM To: John Floyd Cc: jarussell59@comcast.net; bvickery33@gmail.com; EWoodard@aarp.org; Vickie Scott Subject: Final Presentation for Monday Night Attachments: Final Tigard TTTC presentation (2).pptx Hello John, Here is the final presentation with notes for the Monday Night meeting. Should I bring color copies? How many?would you suggest? Thanks so much! Connie Connie Ramaekers Tigard Turns the Tide Coalition Director Tigard-Tualatin School District 6960 SW Sandburg St Tigard, OR 97223 cramaekers@ttsd.k12.or.us 503-431-4022(office) 503-310-0951 (cell) 1 U.S. vs Colorado Past-Month Marijuana Use, 2013 30 29.05 25 20 t 18.91 Greater 15 12.7 11.16 10.13 10 °0 7:4 7.15 n .9 5.45 5 c v t 0 Ages 12+ Ages 12-17 Ages 18-25 Ages 26+ Total U.S. •Colorado Colorado's monthly marijuana use is 72 percent greater than the U.S. total among people aged 12 and older Tigard Turns the Tide Community Coalition's Mission is to promote a safe and healthy community by reducing alcohol, tobacco and other drug related problems within the community. The approved vote for Prop 91 brings concerns to the coalition about marijuana legalization and the affect it will have in the Tigard and outside areas of our community especially given the reports from Colorado since inception of legalization in this state. 1 Some 30 percent of homeless people in one Denver shelter came to Colorado for pot - - 8 - • S Ka At tom? -..• ; ' , t1p • • i t It's having an impact on all of our social services across the state, "state Rep.Ted Harvey,"an unintended consequence I never thought of". It is vital for our community to implement restrictions on provisions to the comprehensive plan to protect and discourage under age consumption and availability to our youth. 2 Arrests for marijuana-related incidents spiked � nearly 4o percent at Denver Public Schools following the opening of recreational marijuana stores in January 2014 Tigard Proposed sites should not be within 1000 feet of any parcel or tract of land within the City of Tigard and containing one or more of the following 4 characteristics, as measured at the closest property lines: PUBL SCHOO • a. Residential Zone • b. Parks and Recreation Zone S • c. Public Library • d. Public or Private preschool/daycare, elementary or secondary school e. Any other marijuana dispensary 18.735.040 Development Standards, Sec H TTT proposes site is not be located within 500 1000 feet of any parcel or tract of land within the City of Tigard and containing one or more of the following characteristics, as measured at the closest property lines: a. Residential Zone b. Parks and Recreation Zone c. Public Library d. Public or Private preschool/daycare, elementary or secondary school 3 The City of Tigard Vision: "The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives Recommendation: 4 Tigard proposed sites Imo- , + • should be restricted to operation within the confines of the City of - Tigard industrial zones To allow marijuana dispensaries to operate in commercial zones would inhibit the city's ability to effectively implement its vision. Bainbridge Island, WA restricted marijuana facilities to operate within the confines of their industrial zone in 2014. Those in favor of restricted zoning said "it would change the family-friendly outlook of the area and be a negative influence on teens and children in the neighborhood." (http://www.bainbridgereview.com/news/262155291.html). 4 Since Colorado legalized recreational use of marijuana, there have been at least 31 explosions related to butane and hash oil 400 Explosions have already harmed many individuals locally in our community TTT strongly suggest proposing no hash oil production or storage within the city limits as it's dangerous and explosive. 5 Marijuana Infused Edibles Recommendation: " 44.1 a i No production or ' 1+ I, sale of marijuana ,, 441111 04infused edible : 1,14i, . products r� fi ,o, ci, , ' , Statistics for the High Intensity Drug-trafficking Area (HIDTA) 2014 legalization of marijuana impact report: • Dr. Chris Colwell reported that Denver Health Medical center sees "about five to ten people per week, complaining about how they're feeling after ingesting edibles. They can't end the effect of the marijuana." •Children's Hospital Colorado Emergency Room physician and toxicology expert Dr. Wang reports that his emergency room is treating one to two kids a month for accidental marijuana ingestion, mostly in the form of edibles such as brownies or candies. 6 Pot Perception Unacceptable Acceptable 1 C' 12314 •;P' ''�t = Wtcdn Street Marijuana I p6 Tigard storefronts should not attract children or glamorize merchandise. 18.735.040 Development Standards — Sections TTT proposes changes to sections to discourage curiosity of our youth and limit access to merchandise. C. Hours of operation shall be limited to the hours between 11:00 and 6:00 pm. Monday through Saturday and closed on Sunday(in line with Liquor store hours of operation) D. add language Signage at entrance to store...Must be 21 to enter and must show I.D. All storefront windows must be frosted or use non-see thru glass. No front store glamorization, display of pictures(words only) Reason: The Center on Alcohol Marketing and Youth (CAMY)from the John Hopkins Bloomberg School of Public Health reports"Parents and peers have a large impact on youth decisions to drink. However, research clearly indicates that alcohol advertising and marketing also have a significant effect by influencing youth and adult expectations and attitudes, and helping to create an environment that promotes underage drinking". 7 no Tigard Planning Commission TIGARD Agenda Item # S Page of Date of Hearing 1 - 12. -- ( 5— Case — ( Z — ( SCase Number(s) GFc ,20 4 - cr)OGrJ 2.. Case Name oxriSuo_rvk c<<<�-tes�ev�(o ,, k ��1 e Le"±- Location CiliT w tea. $ro€0.4%e.S i ckis , L 5k- cc Vb If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: s..e( ,.ej,..Z Name: BulAi) l2/, _ja Address: L{gcJ A)LJ c Address: [ J ( Ip, —44r1:1--15-1 c j�(J City, State, Zip: Pae' 1 1;229 City, State, Zip:7 n4 lid 06 Name: Et l '� } 1415 fr.\. Name: .6c/ O_ IA)p e7 01 rot Address: 11 S0.5 ied UP act 14(x)\/ Address: / 0 d`3 3 S w Vic) S vvte, 0r�c�0Y--Nq City, State, Zip: City, State, Zip:1 7'9 o..rz"/ 0 I i Name: (fitkiftv\ Gese Name: 61.0 Address: MI1110 5 J V t%ic.. PVk. Address:1,5 51,7 <'►��✓ \Jk S City, State, Zip: rOly j C lel City, State, Zip: d t' , Name: Name: S Address: 3 8 0 S` W /1 01-6- Address: 9(i S 5 SCA) nfluA'iGv_-St"- City, State, Zip: (?) j City, State, Zip:7-1()-1-4( t Name: /2013-0 rzir Name: 5 l` SC„', Address: 1.b(s ,W V1- , Address: 0.6 p 51k) b(---(3 ; City, State, Zip: City, State, Zip: �c 9 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 12, 2015 CALL TO ORDER President Rogers called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Rogers Vice President Fitzgerald Alt. Commissioner Enloe Commissioner Lieuallen Commissioner Middaugh Alt. Commissioner Mooney Commissioner Muldoon Commissioner Ouellette Commissioner Schmidt Commissioner Smith Absent: Commissioner Feeney Staff Present: Tom McGuire, Assistant Community Development Director;John Floyd, Associate Planner; Doreen Laughlin, Executive Assistant Also Present: City Attorney, Shelby Rihala COMMUNICATIONS - None CONSIDER MINUTES January 5th Meeting Minutes: President Rogers asked if there were any additions, deletions, or corrections to the January 5th minutes; there being none, Rogers declared the minutes approved as submitted. OPEN PUBLIC HEARING President Rogers opened the public hearing. PUBLIC HEARING SW 121st AVENUE PLANNED DEVELOPMENT PLANNED DEVELOPMENT REVIEW (PDR) 2014-00002; SUBDIVISION (SUB)2014-00005 MARIJUANA FACILITIES DEVELOPMENT CODE AMENDMENT DCA2014-00002 PROPOSAL:The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) to establish reasonable time, place, and manner regulations for marijuana facilities. Page 1 of 9 Proposed changes include new definitions to be placed within Chapter 18.120 (Definitions); text amendments to Chapter 18.210 (General Administrative Provisions) to remove a requirement that development be consistent with federal law; and creation of a new chapter to be titled 18.735 (Marijuana Facilities) that would limit hours of operation, establish minimum buffer distances from residential and park zones, require exterior design requirements to enhance security, establish off-site odor standards, and create an associated review procedure. The proposed text and map amendments for the Planning Commission's review are included in Attachment 1, and summarized in Section IV of the staff report: APPLICANT: City of Tigard ZONES: Citywide LOCATION: Citywide and properties identified in the staff report maps. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 6 (Air,Water, and Land Resources Quality), and 9 (Economic Development); ORS 475 (Oregon Medical Marijuana Act); Statewide Ballot Measure 91 (Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act); Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11, 2.1.21, 2.1.23, 2.1.24, 6.1.7, 9.1.3, 9.1.12, 10.2.1 and 10.2.8.; and TDC Chapters 18.380.020 and 18.390.060.G. STAFF REPORT Associate Planner John Floyd introduced himself and went over the staff report. (Staff reports are available in their entirety on-line on the City Website one week in advance of the hearing.) He summarized the project using a PowerPoint Presentation (Exhibit A) STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1 (Exhibit B);with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. QUESTIONS FROM THE COMMISSIONERS Commissioner Muldoon: "Can you speak about the overlap or how the city regulations mesh with county and the OLCC [Oregon Liquor Control Commission]?" In terms of the OLCC —those really haven't been developed yet. Typically what happens is City staff has to sign off a land use compatibility statement certifying that the proposed facility meets local regulations before the state will issue their own license. At this point, it's hard to say but there is coordination that that will happen. The OLCC regulations are meant to parallel liquor regulations. So right now there's a fair amount of coordination high level. It's typically multiple departments the city would have to sign off as well— the police department and the planning department. In terms of Washington County,in the staff report on page three, I address Washington County regulations. Our hours of operation are slightly more restrictive —they allow 8am to 10pm— as proposed—it's a little bit tighter. We are separate jurisdictions so their regulations only apply to unincorporated areas. They also limited it to specified zones and added a couple of buffer areas which we didn't include — one was a 1500 ft buffer from any light rail platforms and a comparable regulation would be a buffer from our downtown transit center. They also required a minimum of 2000 ft between dispensaries. Those are a little more expansive than what's proposed here. They also include requirements for exterior lighting and for visibility of the primary entry. So those are comparable as well. Our land use regulations are distinct and separate from their land use regulations. Commissioner Middaugh— "Could you clarify the definition of Marijuana Facility? I see that it includes the production but I also heard you say that growth sites are general Page 2 of 9 industrial..." Yes, there are a couple of different things here. In this case the marijuana facility is a place that requires a special state license or registration. For example, a growth facility, in terms of development would fall under a "general industrial use" classification. That would establish what zones it's applicable in—how large it can be —how much parking it requires, etc. It's also a Marijuana Facility in that it also has this sort of special status with the state and therefore we also want to account for special potential impacts that may be associated with this type of industrial facility. It's a layering sort of system. "Okay— so the growth site would be "General Industrial" as well as a Marijuana facility?" Correct. Commissioner Fitzgerald had a question about measuring the distance from a property line. "So if there was a dispensary that was at the corner of 72nd and Lower Boones Ferry, that regulation of a 500 or 1000 ft buffer would not apply?" It would apply but it would not hit a parks zone... "My question is if it's up against another jurisdiction— and I was using this as an example because we see Tualatin's name on it... pretend the zoning would allow it— and there was a facility in Tualatin at the corner of 72nd and Lower Boones Ferry—the limits of the 500' buffer don't start at that property line and go into our jurisdiction... I'm trying to understand the definition of the buffer zone when we're against another jurisdiction." I think when we're against another jurisdiction, state rules would come into play— so for example, medical marijuana dispensaries would have to be 1000' from each other regardless of what jurisdiction they're in. A facility in Tualatin, say 100' from our border - that would reach 900' into the City of Tigard— so in those cases, the buffers would reach in. The amendments proposed do not reach outside the City— or facilities that don't reach in. It's a self-contained sort of system. There are plusses and minuses to that. "What's the measuring guideline for the state rule? Is it by retail storefront — or is it by property line?" It's by property line. Commissioner Ouellette: "In reference to removing the term "federal law" from the requirement of 18.210.030 - I understand it was addressed in reference to this situation but blatantly removing that term as applications over any other possible developments... I guess —forward thinking... does removing that term have any other implications that that could affect?" Well, permits are still required from the state and from the Corp. of Engineers — so it doesn't remove some of those requirements. We also have things like Intergovernmental Agreements and developers are still responsible for complying with those requirements as well. But other jurisdictions have a go with this language and no major issues yet to my knowledge. The City Attorney can speak to that if you want. City Attorney Shelby Rihalla came up to address that question "No, the issue was specific to this that brought about removing that language. It was more of a policy - type guidance— more of a feel good statement in this case. So any requirement - like Federal Environmental, Federal Safety, is still going to be governed by other code provisions. It was more of a feel good kind of statement in this provision, as opposed to a guiding principle of law. Commissioner Lieuallen: "How are we accounting for apartment complexes?" There are a couple of things —many are located in residential zones — for example the R12 & R25 zone — but,if they're located in a mixed-use zone—we have single & multi-family properties inside the mixed-use zones. They would potentially be in the area not subject to the buffer requirements. The state presently allows medical marijuana dispensaries in mixed-use zone and if they're located in mixed-use zones more than 500' away from a residential zone or a park— that could Page 3 of 9 occur. For example the area between Washington Square and Metzger has a lot of apartment complexes. "I'm looking directly here in the middle of your Tigard Triangle —you've got an apartment complex located just about behind the Lowes facility, which would take a big swath out of the circle there... if we were trying to keep away from apartment complexes where people live... and there are children and..." Correct. So for example, if the code were crafted to be 500' away from a residential land use— that would create a buffer around that apartment complex —but for now it's crafted so that it's only around the zone. So that is a policy question. Is the Planning Commission comfortable having residential land uses near marijuana facilities inside of a mixed-use district?There are different expectations inside the zones than say in a residential zone - so it's a policy question. But in this example in the Triangle — that might occur switching to the Washington Square/Metzger area - it looks like that is unlikely. "The other one I noticed here was... Don't we have a park right across the street from the old Payless complex across from McDonalds next to the..." We actually had to revise the maps on that one. There is a park there at the end of Main Street where it hits 99W and just across — behind the slope on the north side of 99W- there's another small park. Those are both entirely in the ODOT right-of-way. Those are parks - but they're not really lots or parcels — they're just a part of the road right-of-way. It's a legal distinction, but we actually caught that recently so we had to revise the map. It opened up more of downtown than we expected initially. The City does not have adopted park boundaries necessarily— that's why we chose to go from the lot boundary as opposed to the park boundary. It makes it easier to measure. "And also—the comment we had earlier about not paying attention to —when we're deciding our own buffers —for example, right at the edge of the City of Tigard on Upper Boones Ferry Road - there's an apartment complex that's right up against our property line there."Yes, that's a question the Planning Commission can consider—Do we want to account for land uses outside the City? It would create some potential additional staff time in terms of that and also potentially... "I care about the children there as much as I care about the children three feet this side of the line." I understand that. It's a policy question and we can certainly go there. "You gave us a great run-down on all the hours run by every individual liquor store in the State of Oregon but my understanding is the OLCC does not set these liquor store hours. They have an opening hour set at 7:00am and a closing hour set at 10:00pm - and they require the liquor stores to be open a minimum of 8 hours a day—but they don't set these liquor stores hours. So when we're using these liquor stores —these are just the agents themselves that are deciding what hours to set. So if we're going with that we should be setting 7:00 — 10:00 and letting the individual agents set their own... I mean if we're just following OLCC — that's how they're running it." The goal there was to find out what was deemed reasonable by the business community and I think most of the stores appear to be opening mid-morning and closing about mid-evening..."Probably based on business —where they're making enough sales to stay open—if they're making sales in the morning versus the evening. I'm just not sure we should be getting involved too deeply in that. That's a business decision. I think the OLCC recognizes that." From my conversations with the Police Department— they were very interested in having hours of operation restrictions on this. They were concerned about opening too early in the morning and too late in the evening. I can have them return to you... There were some further questions about marijuana dispensaries and their link to an increase in crime; security, policing lots, denying consumption on the premises, fine structures, etc.John Floyd answered that this could all be looked into. Page 4 of 9 Commissioner Ouellette —wanted to know if portable structures are considered a permanent building. "For example — some elementary and middle schools have a "portable" - if someone were to put a building like that on an empty lot —would that be considered a permanent building?" That may be something we want to define. That's something the code does not have a definition for—that's something we could add. TESTIMONY IN FAVOR— Robert Graham—Attorney, 236 NW E St., Grants Pass, OR 97526 spoke for a group of more than 4 people who were present and was given 15 minutes to speak on their behalf. He said he represents clients throughout the state who are involved in the medical marijuana and recreational marijuana endeavors. He said he also represents the Oregon Candidate Business Council which has about 100 members throughout the state. He said medical marijuana patients generally work—and have lives — so the convenience of the hours is important. He would like the dispensaries track what the liquor store hours are. He stated that the regulations of the medical marijuana facilities are very rigorous. The only thing more rigorous about getting into a medical marijuana facility is going through TSA. You do not get in unless you have a card— or if you're under 21. Minors just do not have access. He spoke about the extensive security. He recommends reducing the buffer zone from 500 feet to 100 feet—but keeping it in the high traffic areas so they're more visible. He talked about good signage —he believes there should be regulations so these blend in. There are a number of facilities that are signed so you can hardly tell what they are — for instance there's one called a "Patient Resource Center" —unless you know it's a dispensary—you wouldn't know. In a high traffic area—if you have the right signage, there won't be the impression that this is just a "head shop" row. He said you owe it to your community to make sure it fits in from a signage perspective. He went on to speak about the OLCC & the OMMA (Oregon Medical Marijuana Act). He spoke about possible yearly licensing fees, things of that nature. He summed up saying "I want to leave you with this, the people involved in this business are making large commitments of capitol. I don't think there's a single dispensary in the state — even down in some rural areas that— at least a quarter of a million dollars is required to really get a dispensary off the ground—and much more. So the people who come in and apply—they are very serious. This is business. A lot of people's hard earned assets are being invested. They're not going to try to cut corners. They're going to do this the right way within the rules. It's a good community of people. Thank you for your time. QUESTIONS Commissioner Fitzgerald: "You made reference industry regulation. Can you speak more of how a dispensary actually operates and what they have to put in place?" There are extensive security requirements (of the state — the regulations of the Oregon Health Authority (OHA) of which the OLCC will draft its own rules and regulations which will probably track the dispensaries. They are enforceable). They need video cameras. There are panic buttons inside during normal hours —in multiple locations, there has to be a recording of the video of the people and the transactions — that has to be maintained for 30 days. Even if they get complaints about rules not being followed... the OHA can come in with their enforcement people and look at the video and see the transaction at issue. Commissioner Lieuallen: "You mentioned a fee that your industry would be okay with— what would be a fee you would feel comfortable with?" Given everything, I think a fee— a minimum of$1000 —and it has to be reasonable. There are some communities that are imposing Page 5 of 9 a sales tax. Gold Hill—they've imposed a sales tax. There's nothing to allow it into the statute — but nothing to prohibit it either. There's a number of alternatives for those fees —in ways that are reasonable. "Are there things like time-lock safes that could reduce the risk of cash on hand?" The cash is not maintained on-site. A minimal amount of cash is maintained at the facility. The banks are where the money is and they're in safe deposit boxes. "What's a ballpark figure of the amount of cash a building has on-hand at any one time?" If they are using the safe deposit boxes, which I advocate to all my clients, you may have $5000 cash on a given day at any one time. Usually what happens if they get a lot of cash on hand they make a run and put it in a safe deposit box. There are requirements for safes at the facilities as well. Any cash or product that's left over at the end of the day has to be put into safes so if somebody breaks in—they've got to be able to crack some pretty big safes. They're using big gun lock safes —bolted to the floor. Commissioner Muldoon "You mentioned about controlling signage —what was the basis for being able to do that?" By the cities? "Yes." Time, place and the manner of which that's done; I've heard there's some concern about regulating that and they would cross over into the area of free speech. This is "commercial speech" and the bar for commercial speech is far lower. I would submit to you that if you had a reasonable basis for your signage regulation it wouldn't be challenged— and the chance of being successful at challenging it is slim to none. He said the potential for litigation would come if they adopt a restrictive buffer that, in essence, creates areas where you just won't be able to operate. A 1000' buffer from residential or parks —I think you'd end up with a situation where you're zoning out the potential for anybody to open up a dispensary. In that case, you probably would be subjecting the community to litigation; if,in fact, it was a deliberate effort to zone out a dispensary. Commissioner Smith asked some clarifying questions about who Attorney Graham represents —is he talking about only medical marijuana— or also retail, recreational marijuana? Attorney Graham clarified that he also represents recreational marijuana and the 100 foot buffer zone that he advocates is also for recreational marijuana. TESTIMONY IN OPPOSITION Julie Russell, CPO 4-B Chair of 12662 SW Terra View Drive Tigard, OR 97224 — spoke on behalf of a group of four or more who were present. She said she is speaking as a personal citizen, as a business owner who also owns a building in Tigard, as well as her husband. She's a marriage and family therapist and works with a lot of people who have addictions and many of them started with Marijuana. She is also a board member of Tigard Against the Tide and went over the written testimony that was provided earlier (Exhibit C). She stated her case that the scientific evidence shows that in the developing brain Marijuana can cause damage and can cause increased mental health issues. She noted that there are some youth who have developed schizophrenia after using Marijuana just one time. She said many kids self medicate by using Marijuana. She said it's important to protect them and that, just like with alcohol, some of the teens have their brothers or older friends buy it and then give it to them. Ms. Russell concluded that what they've learned from underage drug and alcohol use is: Increased access Increased public opinion that "this is okay— and safe" increases the use in our youth— and that's what we're concerned about. We want to protect them as much as possible. Page 6 of 9 Morgan Chamberlain— 9360 SW Martha St., Tigard— a junior at Tigard High said she is the Secretary of"STUDD"—which stands for Stop Tigard Underage Drinking and Drug use. Our goal is to educate our peers so that they will choose to live a healthy lifestyle that is free from drugs and addiction. We also travel to elementary and middle schools educating them and encouraging them to live drug free. She said she sees first hand every day the effects that Marijuana has on her peers at Tigard High School. She supports the strict regulations on Marijuana facilities — especially the distribution of"edibles." Marijuana infused products that are targeted towards her age group should be prohibited. Even now, they are commonly seen in high schools and she strongly supports the position that edibles should be made as difficult to buy as possible. She said they are viewed as "normal, non-harmful" things to eat by her peers. She said she may not be a lawyer... but she's a teenager and from a high-schooler's perspective she feels the most important issue to address is how we're going to regulate the distribution of Marijuana so that underage people will have a harder time obtaining Marijuana than before. She passed out additional concerns they have about marijuana dispensaries. PUBLIC HEARING — CLOSED No further testimony or questions from the audience are allowed. DELIBERATION The commission deliberated at length with many commissioners weighing in: Commissioner Smith: "It's legal—it should be allowed in the City but it should be much more restricted than I believe the proposed amendments are. The multi-family residential is the one that just jumps out at me. There's a long list of... residential, parks, playgrounds, schools, libraries, daycares, light rail platforms, bus stops,YMCA's, youth centers, rec. centers, hospitals, medical office buildings, arcades, kids learning centers, youth books stores, churches —that's a great place for kids to be —I don't see any restrictions about it being near churches. Even McDonald's playgrounds —kids hang out by there all the time. There's just a number of places that this doesn't address. Even the Regal cinemas near Winco and Costco... I know as a kid I always went to the movies without my parents —they'd drop me off and we watched movies - even the mall." He wonders if it shouldn't just be a "this is where it's allowed period". Commissioner Fitzgerald: spoke about it being a fine edge and that when you're talking about limiting exactly where someone can locate—it might be a better conversation to talk about limiting the licenses within the City of Tigard, rather than limiting the location to be that restrictive. She noted this is a tough issue. She said she thinks back to prohibition and how restrictive it was and now Oregon is one of the last states with the OLCC that regulates the selling of alcohol. She said that in modern times now we should be able to find a balance so that it's not totally restrictive but that there is some regulation. Our concern is for youth and safety. She thinks the building code addresses a lot of those concerns about dealing with the hash oil or butane causing explosions. She asked Commissioner Mooney (who is with the Tualatin Valley Fire Department) to speak about any concerns the Fire Dept had about the explosion issue. Commissioner Mooney went on to explain about a number of explosions that the Fire Dept had been involved in due to people using. He said mostly what he's seen is in multi-family dwellings where they're doing it in private residences. He noted in the winter time they take the process inside to try to speed things up. He's concerned about people doing butane hash oil in back rooms to try to make money and no one knowing about it until there's an explosion that blows out a back wall that may back to a residential area. Page 7 of 9 Commissioner Muldoon's number one concern would be signage. He would like discreet signage. Commissioner Enloe's input on the spacing restrictions was to ask whether the main goal is to detour young individuals — saying this is not an acceptable thing to do. He knows there's an age restriction but thinks they may be doing too much regulation on something that may be a parent's responsibility or the individual's upbringing as to what is right and wrong. He agrees with the signing and maybe an architectural review of the building to match the neighboring properties. But to say we want certain spacing or 1000' —he thinks that's in the wrong arena. That's trying to make it harder for youth to get hold of it when in essence - they're getting hold of it through illegal interactions. He doesn't believe making it difficult for businesses to come into Tigard is the right way because it is going to be legal. It should be reasonable. He doesn't want them in some back lot behind some industrial yard because that happens to be the one area that allows 1000' distance from everything. He would rather have it be on a main street, lots of eyes,where it's well lit and well watched. Commissioner Middaugh said he pictures a growth site as a place where marijuana is grown outside. He appreciates Ms. Russell's comments on addiction and mental health. He's concerned that we might be encouraging addiction and in creating a place where people that have a marijuana addiction can turn to desperate measures. He thinks the proposed wording doesn't include daycares and would like a buffer zone with the daycares as well. Commissioner Schmidt thinks they shouldn't allow it to be in residential areas or even mixed-use areas —anything that has a residential occupancy in it. When it comes to personal use—that's your personal choice to do so —but to have a retail establishment near a residential area seems wrong and out of character with our community. He doesn't think they should be near schools, daycares, any types of facilities that cater to children. Commissioner Lieuallen noted that it's a legal product and that it's up to the parents to teach their kids their values when it comes to this product—just as we teach them about alcohol. We won't hide it from kids by burying it. He's less in favor of large buffer zones and more in favor of more reasonable buffer zones in the 300' range. He would like minimum signage that is as bland as possible—without affecting people's rights to free expression. He'd be in support of that. He would like additional security requirements for these businesses that we don't have for other businesses to minimize the crime potential. He thinks something must be done about the edibles but believes that should be at the state level. President Rogers said there is a lot to consider. Health and safety for children and the elderly; beautification of our city; baseline standard to protect the public; separation of these types of businesses that produce flammable and explosive things need to be fairly strict to protect the public. He's for the 500 and 1000' buffers. He's concerned about signage and so many other things. So far as he's concerned he doesn't have enough information to make a decision at this point. He wants to see some overlays, some sign language from staff... he asked if any of the other Commissioners had anything else they need or did they have enough information to make a motion. Commissioner Ouellette said he'd like an example of a permanent building definition to avoid unintended consequences. Page 8 of 9 The consensus of the commission was that they'd like a continuation. They went over the various things that they would like staff to come back with by way of"homework"- some of which were: • Request for 1000' buffer / 300' buffer in terms of overlay showing affected properties • Information about OLCC & OMMA rules for security • Mixed-use zones—potentially removing those where residential occupancies are • Signage • Language that addresses any zone that has a residential component—whether it's mixed- use or otherwise • Daycare buffers • Security requirements • Permanent building definition • Re signage -words but not pictures • Zones that would allow residential by conditional use... how would we address those pieces? • 300' buffer versus 1000' buffer... a visual of the two standards would be helpful • A straight zoning map so we can say these are outright residential The City Attorney gave an overview of the free speech law. You cannot regulate on the basis of content (Article 1 Section 8). Size and materials is really all you can regulate signs from a 100% safe legal position. If you're talking colors,words, pictures—those are all going to be seen as regulating the "content" of the sign because "you're treating me with my marijuana leaf on my sign different from me, as a baker, with a cake on my sign." That's the challenge. There was more conversation about various other problems that could arise. It was decided to end the meeting for now and to continue it to a later date. CONTINUED HEARING TO FEBRUARY 9, 2015 OTHER BUSINESS —None. ADJOURNMENT President Rogers adjourned the meeting at 9:40 p.m. (71 -�. Doreen Laughlin,Planning Comsion Secretary _ ATTEST: President Jaso r, Rog Page 9 of 9 2/3/2015 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done t'1 ;u MARIJUANA FACILITIES D CA2014-00002 Planning Commission I January 12,2015 CITY OF T I G A R D Project Summary / Text Amendments to Title 18 (Development Code) / Initiated at Council direction 1 Regulate full chain of production/sale Adaptable to evolving State rules Establish consistency between medical/recreational Deadline: May 1, 2015 / Applicable to any facility requiring state license or registration / Future amendments possible/probable 1 2/3/2015 CITY OF TIGARD Legislative History 1998- Medical marijuana legalized in Oregon 2013 - State authorizes marijuana dispensaries 2014- Tigard adopts temporary moratorium Tigard adopts local marijuana tax (TMC 3.70) Measure 91 legalizes recreational marijuana CITY OF TIGARD Future Action Dates May 1, 2015 End of temporary moratorium July 1, 2015 Possession/use of recreational marijuana becomes legal Jan 4, 2016 OLCC accepts applications for four types of commercial marijuana licenses 2 2/3/2015 CITY OF TIGARD State Regulations ➢ Medical Marijuana Dispensaries Minimum 1,000 feet from school site Minimum 1,000 feet between dispensaries Limited to Commercial,Industrial, Mixed-Use zones s Must be separate from grow-site ➢ Recreational Facilities r Unknown—OLCC to develop Measure 91 does not affect Medical Dispensaries State Legislature likely to adopt new regulations CITY OF TIGARD Community Outreach - Methods 1 Council town halls Website / Cityscape Articles / Online Citizen Forum / Survey of Business Owners / Interested Parties List— Email Outreach / Conversations with industry& real estate representatives 3 2/3/2015 CITY OF TIGARD Community Outreach - Response / Low response rate / Roughly split between support and opposition / Common response was "wait and see" / 300 Business owners polled / 34 responded / Marijuana investors/operators most interested in Highway 99W (Pacific Highway) 1 Portland market described as saturated CITY OF TIGARD Do you foresee the presence of recreational marijuana shops as having a positive or negative impact on your ability to do business in Tigard? Positive 5.9% Negative 20.6% Both Positive and Negative 8.8% No Impact 64.7% Unknown 0.0% 4 2/3/2015 CITY OF TIGARD Should the City of Tigard regulate the design and operation of marijuana facilities? Yes 60.6% No 24.2% Unsure/Unknown 15.2% CITY OF TIGARD If the City were to adopt local regulations, would you support regulations for one or more of the following? Support Neutral Oppose Odor Controls 19 9 2 Limits on Hours of Operatior 19 7 4 Minimum Buffers 22 6 3 Security Requirements 21 5 3 5 2/3/2015 CITY OF TIGARD Potential Community Impacts / Exposure/Diversion to minors / Unpleasant odors (particularly grow facilities) / Noise / Crime associated with cash /controlled substances / Noncompliance with codes / Explosions from processing agents / Increased calls for service (fire, police, code enf.) CITY OF TIGARD 18.120 - Definitions / New definitions: "Marijuana" "Marijuana Facility" / Mirrors language of Marijuana Tax (TMC 3.70) / Includes commercial and public uses 6 2/3/2015 CITY O F T I G A R D 18.210 — General Administrative Provisions / Existing code prohibits issuance of ANY permits for development associated with marijuana / Amendments remove federal consistency requirement / Reduces legal uncertainty / Distances Tigard from Federal/State conflict / Reduces risk of litigation / Increases certainty for investors/property owners 1 Removes incentive to avoid permits CITY OF TIGARD 18.735 — Marijuana Facilities / New chapter / Applies to any commercial or public facility 1 State permit or registration is trigger Establishes local uniformity for medical/recreational Not applicable to personal grow/use / Additive to underlying use/zone regulations 7 2/3/2015 CITY O F TIGARD 18.735 — Review Process / Type I Review ► Minimum compliance review ► Requires "clear and objective" criteria Not locally appealable / Ensures minimum compliance review—even when no change to underlying use or structure CITY OF TIGARD 18.735 — Hours of Operation / Commercial hours limited 10am—8pm / General Industrial uses exempted Growing ► Processing / Comparable to existing liquor stores in Tigard and adjacent towns / Comparable to adopted marijuana regulations for Salem, Ashland, and McMinnville 8 2/3/2015 CITY OF TIGARD 18.735 — Buffer Requirements / Minimum Buffers 1 500 feet from residential and park zones 1 1,000 feet from specified schools(recent change) / Measured from property lines, not structures / Maps (Attachment 2) / Compares state dispensary buffers to proposed / Biggest difference along Pacific Highway CITY OF TIGARD 18.735 — Design & Operations / Odor Limits / Entry Placement / Security Lighting / Permanent Structures Only / No Drive-Thrus 9 2/3/2015 CITY OF TIGARD Public Comments / Gayle Allen 1 No dispensaries on Pacific Highway / Tigard Turns the Tide ► Increase buffer to 1,000 feet / Include private libraries and preschools as buffered uses ► Prohibit dispensaries in industrial zones—incompatible with adopted Strategic Plan Prohibit Hash Oil/Production ► Prohibit production/sale of edibles CITY OF TIGARD Public Comments / Citizen Participation Organization 4B ► Limit number of license ► Limit number of dispensaries to one (1) Increase 500 foot buffer to 1,000 feet Confine dispensaries to Industrial Zones ► Prohibit Hash Oil Production in City Prohibit production/sale of edibles / Require frosted windows and prohibit photos on signs ► Prohibit Public Consumption 10 2/3/2015 CITY OF TIGARD Staff Recommendation Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1); with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. 11 Attachment "1" CITY OF TIGARD MARIJUANA FACILITIES PROJECT PROPOSED DEVELOPMENT CODE AMENDMENTS DCA2014-00002 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd, Tigard, OR 97223 503-718-2429 / johnfl@tigard-or.gov Staff Commentary Introduction The Tigard Marijuana Facilities Development Code Project is a series of text amendments whose purpose is to bring the City of Tigard into compliance with State law. Proposed changes to the Tigard Development Code include new definitions to be placed within Chapter 18.120 (Definitions); text amendments to Chapter 18.210 (General Administrative Provisions) to remove a requirement that development be consistent with federal law; and creation of a new chapter to be titled 18.735 (Marijuana Facilities) that would establish time,place, and manner restrictions on marijuana facilities within the City of Tigard. How to read this report This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. Proposed changes are indicated by the use of strikcthroughs to indicate language to be removed, a double underline to indicate language to be inserted,and the use of red font to further identify the proposed changes. Commentary on Proposed Definitions Definitions to be inserted in Chapter 18.120 are based on language used in the recently enacted Marijuana Tax adopted by the Tigard City Council under Ordinance 14-02. Definitions have been crafted to try and address the full range of economic activity associated with the production, processing, distribution, transfer, and consumption of cannabis. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT-JANUARY 12, 2015 2 Proposed Text Amendments CHAPTER 18.120 DEFINITIONS 18.120 Definitions 18.120.030 Meaning of Specific Words and Terms "Marijuana" -All parts of the plant of the Cannabis family Moraceae,whether growing or not;the resin extracted from any part of the plant;and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound,manufacture, salt, derivative,mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Marijuana Facility"—A commercial or public use or structure where marijuana is produced, processed, distributed, transferred, sold, or consumed. TIGARD MARIJUANA FACILITIES PROJECT! PLANNING COMMISSION DRAFT —JANUARY 12, 2015 3 Staff Commentary Proposed changes to TDC 18.210.030 would remove consistency requirement with Federal law, and thus reduce legal uncertainties presented to the City and applicants where state and federal law conflict on the matter of marijuana. Under existing code and the continued federal classification of marijuana as a Schedule II drug, the city would be required to deny all land use applications for medical marijuana facilities. This could also create legal uncertainty in situations where a facility wants to open in a location and no land use or building permits are necessary (i.e. conversion of an existing retail space to a state licensed dispensary). Another point of uncertainty exists in that Measure 91 requires a petition and election of the voters for a jurisdiction to prohibit recreational marijuana licenses. The proposed changes would remove those conflicts from local land use regulations. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 4 Proposed Text Amendments CHAPTER 18.210 GENERAL ADMINISTRATIVE PROVISIONS 18.210.030 Consistency With Plan and Laws A. Consistency with comprehensive plan and other local and state laws. Each development and use application and other procedure initiated under this title shall be consistent with the adopted comprehensive plan of the City of Tigard as implemented by this title and with applicable state mid fcdcral laws and regulations. All provisions of this title shall be construed in conformity with the adopted comprehensive plan TIGARD MARIJUANA FACILITIES PROJECT PLANNING COMMISSION DRAF1 -JANUARY 12, 2015 5 Staff Commentary The proposed text amendments would result in a new chapter of the Tigard Development Code known as TDC 18.735 (Marijuana Facilities) that would establish specific development standards for marijuana related businesses. These standards are being developed as a standalone chapter due to the unique legal status and potential community impacts presented by this new land use. Section 18.735.010 establishes the purpose of the zone. In addition to the reasons listed, the specific community impacts this code is intended to prevent or mitigate includes the following: ➢ Diversion of marijuana to unauthorized cardholders, particularly minors, by avoiding the location of facilities near places where children live and congregate; ➢ Unpleasant odors associated with the growing,processing, and consumption of marijuana; ➢ Unwanted noise generated by visiting customers during early or late hours, and/or the constant hum of electrical generators and fans; ➢ Crime such as theft, burglary, armed robbery, and kidnapping that can result due to the presence of large amounts of cash, a product that can be resold for significant amounts of money on the black market, and potentially vulnerable users visiting the facilities; ➢ Threats to health,life and property resulting from facilities not constructed to code; ➢ Explosions resulting from the use of butane as a processing agent; and/or ➢ An undue burden placed on City and regional agencies who may be required to respond and address the community impacts listed above. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 6 Proposed Text Amendments CHAPTER 18.735 MARIJUANA FACILITIES Sections: 18.735.010 Purpose 18.735.020 Applicability 18.735.030 Approval and Enforcement 18.735.040 Development Standards 18.735.010 Purpose The purpose of this chapter is to: A. Protect the general health, safety,property, and welfare of the public; B. Balance the right of individuals to produce and access marijuana and marijuana derivatives consistent with state law,with the need to minimize adverse impacts to nearby properties that may result from the production, storage, distribution, sale, and/or use of marijuana and derivatives; C. Prevent or reduce criminal activity that my result in harm to persons or property; D. Prevent or reduce diversion of state-licensed marijuana and marijuana derivatives to minors; and E. Minimize impacts to the City's public safety services by reducing calls for service. TIGARD MARIJUANA FACILITIES PROJECT PLANNING COMMISSION DRAFT —JANUARY 12, 2015 7 Staff Commentary Section 18.735.020 establishes where the provisions of this chapter would apply. As set forth in this section, this chapter would apply to the whole chain of production and custody in both a medical and recreational context. The threshold for application would be the requirement for a state license or registration of the facility, and would not apply to personal exemptions. Section 18.735.030 establishes a Type I review process to determine minimum compliance with the development standards set forth elsewhere in this section. The purpose of this review process is to capture all new businesses entering or establishing themselves within the city, even in situations where no other land use or building permits are required. As a Type I process, no public notification will be provided to nearby property owners,with the assumption that the development standards set forth in 18.735.040 will prevent or sufficiently mitigate negative off-site impacts that could occur to sensitive land uses within proximity of the facility The documentation requirements set forth in 18.735.030.0 are similar to requirements set forth in the Durham Facility Plan District (see 18.650.070.G), and are intended to facilitate a meaningful and objective review of facilities that may create a significant and unpleasant odor impact upon the neighborhood. The standard is written broadly to allow flexibility in how the applicant responds to the standard, as well as flexibility to the city as new and unknown business models and building types and activities are presented as this sector of the economy develops. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 8 Proposed Text Amendments 18.735.020 Applicability A. Relationship to other standards. The regulations within this Chapter are in addition to base zone standards. Sites with overlay zones, plan districts,inventoried hazards, and/or sensitive lands are subject to additional regulations, Specific uses or development types may also be subject to regulations set forth elsewhere in this tide. B. When provisions apply. The provisions of this chapter shall apply to all marijuana facilities requiring a state license or registration. 18.735.030 Compliance and Enforcement A. Procedure: All marijuana facilities requiring a state license or registration, and public places of assembly where marijuana is consumed, shall demonstrate minimal compliance with these standards through a Type I procedure as set forth in 18.390.030 of this Title,using approval criteria set forth in Subsection B of this section. B. Approval Criteria: Development subject to the provisions of this chapter shall demonstrate compliance with all standards set forth in Section 18.735.040 of this Chapter. C. Documentation: The following provisions shall apply at the time of minimum compliance review or a request for enforcement: 1. When processing a minimum compliance review, the City may accept an evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed development will meet the off-site odor impact standard. The evaluation and explanation shall provide a description of the use or activity, equipment,processes and the mechanisms, or equipment used to avoid or mitigate off-site impacts. 2. If the City does not have the equipment or expertise to measure and evaluate a specific complaint regarding off-site impacts,it may request assistance from another agency or may contract with an independent expert to perform the necessary measurements. The City may accept measurements made by an independent expert hired by the controller or operator of the off-site impact source. TIGARD MARIJUANA FACILITIES PROJECT PLANNING COMMISSION DRAFT -JANUARY 12, 2015 9 Staff Commentary State statute authorizes local governments to establish reasonable time, place, and manner restrictions on both medical and recreational marijuana facilities when tied to specific community impacts. In determining what is "reasonable", staff recommends looking at existing precedents both within Tigard and across the region. The Tigard Development Code already includes use and design regulations comparable to those proposed in 18.735.050,including: o Restrictions on hours of operation; o Restriction on allowed zones; o Distance buffers; o Limits on size; o Design and Security requirements; and o Environmental performance standards for odor. Restrictions on hours of operation are proposed o According to data published by the OLCC, proposed hours of operation in TDC 18.735.050.0 are more expansive than those posted by the existing liquor stores in Tigard (11-9 Monday — Friday, 10-7 Saturday, closed on Sunday). Looking at surrounding communities, the proposed hours of operation are identical to (or slightly more expansive) than existing liquor store hours in King City,Beaverton, and Tualatin. o An exception to hours of operation for industrial uses has been included in the proposal for industrial uses where the general public is not present. Exterior lighting requirements are comparable to those required during normal Site Development Review (see TDC 18.360.090.I). There is existing precedent for the use of minimum distance buffers as a reasonable land use control for marijuana related businesses, such as those proposed in 18.735.040.H: o The states of Oregon has already set a precedent for the use of 1,000 foot distance buffers as a reasonable method to avoid diversion of marijuana and minimizing public nuisances that may affect minors attending a primary or secondary school. o Washington State ballot measure I-502, prohibits the issuance of a licenses for the sale of marijuana within 1,000 feet of playgrounds, public parks, recreational facilities, child care centers, elementary or secondary schools, transit centers,libraries, or game arcades not restricted to 21 and older. o The city of Tigard adult entertainment standards (18.330.050.B.1) require a 500 ft. separation between adult entertainment uses and specified land uses which may be negatively impacted by adult entertainments. o Other local governments within Oregon have adopted minimum distance requirements from specified land uses, including: Washington County (1,500 —2,000 feet), City of Salem (100-500 feet), City of McMinnville (1,000 feet), and City of Albany (300 feet). The City of Hillsboro is also considering 1,000 foot minimum distance buffers from residential areas, but the public hearing process has not yet concluded. TIGARD MARIJUANA FACILITIES PROJECI PLANNING COMMISSION DRAFT—JANUARY 12, 2015 10 Proposed Text Amendments 18.735.040 Development Standards Development subject to the provisions of this chapter shall demonstrate compliance with all of the following standards: A. The proposed development complies with all applicable State requirements. B. The proposed use is allowed in the underlying zone and complies with all applicable requirements of this title. C. Hours of commercial operation shall be limited to the hours between 10:00 am and 8:00 pm. General industrial uses with no on-site retail activity are exempt from this restriction. D. Primary entrances shall be located on street-facing facades and clearly visible from a public or private street. E. The proposed development shall be located inside a permanent building and may not be located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor storage of merchandise,plants, or other materials is not allowed. F. Parking lots,primary entrances, and exterior walkways shall be illuminated with downward facing security lighting to provide after-dark visibility to employees and patrons. Fixtures shall be located so that light patterns overlap at a height of seven feet. G. Drive-through marijuana facilities are prohibited. H. The proposed site is not be located within 500 feet of any parcel or tract of land within the City of Tigard and containing one or more of the following characteristics, as measured at the closest property lines: a. Residential Zone b. Parks and Recreation Zone c. Public Library I. The proposed site is not located within 1,000 feet of any parcel or tract of land within the City of Tigard containing a public or private elementary school, or career school attended primarily by minors, as measured at the closest property lines. J. The proposed development shall confine all marijuana odors and other objectionable odors to levels undetectable at the property line. TIGARD MARIJUANA FACILITIES PROJECT PLANNING COMMISSION DRAFT —JANUARY 12, 2015 11 Citizen Participation Organization 4B AN AUTHORIZED WASHINGTON COUNTY CPO BULL MOUNTAIN/TIGARD BOUNDARY AREA RESOLUTION NO. 15-01 RESOLUTION TO SUPPORT AMENDMENTS TO THE TIGARD DEVELOPMENT CODE AMENDMENT(DCA)2014-00002,MARIJUANA FACILITES DEVELOPMENT CODE AMENDMENT. Corollary Policies and Implementation Mechanisms: The City of Tigard agrees to abide by and enforce all requirements that the OLCC creates. WHEREAS, CPO-4B,meeting at its scheduled time/date,has authority by a simple majority vote to adopt resolutions advising local governments of matters which affect persons and properties within the boundaries of CPO-4B; and WHEREAS, OAR 660-015-0000(1)Oregon's Statewide Planning Goals &Guidelines (Goal 1-Citizen Involvement)encourages the involvement of citizen groups in the planning process; and WHEREAS, CPO-4B is a recognized Citizen Participation Organization of Washington County and includes residents in the Bull Mountain and Tigard areas; and WHEREAS, CPO-4B has reviewed the Public Hearing Notice regarding the Development Code Amendments(DCA)2014-00002,Marijuana Facilities Development Code Amendment; and WHEREAS,the development code amendments will affect the family community,businesses,residents and visitors to Tigard; and WHEREAS, CPO-4B hopes to promote a safe and healthy community by reducing marijuana use among youth within the community. The approved vote for Prop 91 brings concerns to the CPO-4B about marijuana legalization and the impact it will have in Tigard and outside areas of our community especially given the reports from Colorado since inception of legalization in this state; and WHEREAS, CPO-4B proposes Tigard limit the number of licenses individual entities can hold, and limit the number of dispensaries in Tigard to one. These rules will fulfill the public expectation of creating a tightly-regulated and controlled system while providing reasonable access to participation in the market; and WHEREAS, some 30 percent of homeless people in one Denver shelter came to Colorado for pot. Marijuana facilities are having an impact on all of the social services across the state of Colorado, according to"state Rep. Ted Harvey, "an unintended consequence I never thought of'; and WHEREAS, CPO-4B proposes the following changes to the 18.735.040 Development Standards, Sec H proposes site is not be located within 1000 feet of any parcel or tract of land within the City of Tigard and containing one or more of the following characteristics, as measured at the closest property lines: a. Residential Zone b. Parks and Recreation Zone c. Public Library d. Public or Private preschool/daycare, elementary or secondary school; and Page 1 of 3 Resolution No. 09-01 WHEREAS,the proposed policy sets a dangerous precedent that may harm many residents,business owners and visitors. To allow marijuana dispensaries to operate in commercial zones would inhibit the city's ability to effectively implement its vision. "The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives." CPO-4B proposes the marijuana dispensaries be confined to industrial zones. Bainbridge Island,WA restricted marijuana facilities to operate within the confines of their industrial zone in 2014. Those in favor of restricted zoning said"it would change the family-friendly outlook of the area and be a negative influence on teens and children in the neighborhood."(http://www.bainbridgereview.com/news/262155291.html); and WHEREAS, since Colorado legalized recreational use of marijuana,there have been at least 31 explosions related to butane and hash oil. Explosions have already harmed many individuals locally in our community. CPO-4B proposes no hash oil production or storage within the city limits as it is dangerous and explosive; and WHEREAS, statistics for the High Intensity Drug-trafficking Area(HIDTA)2014 legalization of marijuana impact report: Dr. Chris Colwell reported that Denver Health Medical center sees"about five to ten people per week, complaining about how they're feeling after ingesting edibles. Children's Hospital Colorado Emergency Room physician and toxicology expert Dr. Wang reports that his emergency room is treating one to two children a month for accidental marijuana ingestion,mostly in the form of edibles such as brownies or candies. CPO-4B proposes no production or sale of marijuana infused edible products; and WHEREAS,the glamorization and push to normalize marijuana increases the illegal use in youth, CPO- 4B proposes the following changes to discourage curiosity and protect youth and limit access to merchandise. CPO-4B proposes the Development Standards 18.735.040,to include and require frosted windows,no photos and word only signs; and WHEREAS,youth and others may experience the dangers of second hand smoke, CPO-4B requests Tigard implement policies that do not allow public consummation or smoking in any public place or around children under 21 years of age; and WHEREAS, CPO-4B residents and youth may be irrevocably harmed by the implementation of such a policy; and NOW, THEREFORE,BE IT RESOLVED by CPO-4B that: SECTION 1: CPO-4B does hereby propose the above standards and requests the planning commission, and Tigard City Council to implement these proposals or requirements that are more restrictive. SECTION 2: This writing of and presentation of this resolution passed by a vote of CPO-4B Members on January 8,2015 at the CPO-4B General Meeting. SECTION 3: This resolution is effective immediately upon passage. PASSED: This 8th day of January 2015. FINALIZED: Jan. 12,2015 SIGNED: Jan. 12,2015 Julie Russell Lisa.-lamilton Julie Russell Lisa Hamilton CPO-4B Chairperson CPO-4B Vice-Chairperson Page 2 of 3 Resolution No. 09-01 Page 3 of 3 Resolution No. 09-01