12-12-16 Council Agenda Packet - Laserfiche WebLink

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ATTACHMENT A ORDINANCE NO. _____ AN ORDINANCE ALLOWING A LICENSED RECREATIONAL MARIJUANA RETAIL FACILITY TO LOCATE LESS THAN 1000 FEET FROMLOOKING GLASS INTENSIVE TREATMENT RESIDENTIAL TREATMENT FACILITY; DECLARING AN EMERGENCY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. The City Council of the City of Eugene finds as follows: A. ORS 475B.450(3)(d) provides that a medical marijuanadispensary registered with the Oregon Health Authority(OHA)pursuant to ORS475B.450 may not be located less than 1,000 feet of a public elementary orsecondary school for which attendance is compulsory under ORS 339.020, or aprivate or parochial elementary or secondary school teaching children asdescribed in ORS 339.030(1)(a) B.Terpene Station, amedical marijuana dispensary registered pursuant to ORS 475B.450, was licensed by OHA in the Spring of 2014, for its current location at 645 River Road,Unit 3, Eugene, Oregon. C.Looking Glass Intensive Treatment (Looking Glass)is a residential treatment facilityis located at 550 River Road, Eugene, Oregon. D.The 2016 Legislature adopted SB 1511. Section 29b of that legislation provides that a city or county may adopt an ordinance that allows a recreational marijuana retailer to be located less than 1000 feet for a school provided that (1) the retailer has a license from OLCC and is located more than 500 feet from the school, and (2) the city or county determines that a physical or geographic barrier exists separating the retail store from the school. E.Terpene Station is located east of River Road and north of Razor Avenue. Looking Glass is located west of River Road, south of Bauer Land and north of Hansen Lane.The distance of pedestrian travel between the door of Looking Glass and the door of Terpene Station is 960 feet. As the crow flies, the distance is 825 feet from door to door. The closest corners of the properties are approximately605 feet apart (per GEODart). The two facilities are located on opposite sides of a five lane “major” arterial with average daily traffic of 20,000. There is only one crosswalk protecting pedestrian access across River Road between the two facilities, which is located in the portion of the road outside of the building that includes Terpene Station. Geographically, there are six commercial businesses between Looking Glass and Terpene Station. In addition, the two facilities are not within line of sight of each other, in part due to trees and other vegetation blocking that view. In light of these facts, especially the busy arterial road separating the Looking glass facility from Terpene Station, there are geographical and topographical barriers that will prevent children from traversing between the two establishments. Ordinance - Page 1 of 2