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Ordinance No. 20571
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2016 No. 20560 - 20571
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Ordinance No. 20571
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Last modified
12/15/2016 1:54:07 PM
Creation date
12/15/2016 1:54:06 PM
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Council Ordinances
CMO_Document_Number
20571
Document_Title
AN ORDINANCE ALLOWING A LICENSED RECREATIONAL MARIJUANA RETAIL FACILITY TO LOCATE LESS THAN 1000 FEET FROM LOOKING GLASS INTENSIVE TREATMENT RESIDENTIAL TREATMENT FACILITY; DECLARING AN EMERGENCY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
Adopted_Date
12/12/2016
Approved Date
12/13/2016
CMO_Effective_Date
12/13/2016
Signer
Piercy
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ORDINANCE NO. 20571 <br />AN ORDINANCE ALLOWING A LICENSED RECREATIONAL MARIJUANA <br />RETAIL FACILITY TO LOCATE LESS THAN 1000 FEET FROM LOOKING <br />GLASS INTENSIVE TREATMENT RESIDENTIAL TREATMENT FACILITY; <br />DECLARING AN EMERGENCY; AND PROVIDING FOR AN IMMEDIATE <br />EFFECTIVE DATE. <br />The City Council of the City of Eugene finds as follows: <br />A. <br />ORS 475B.450(3)(d) provides that a medical marijuanadispensary registered with <br />the Oregon Health Authority (OHA) pursuant to ORS475B.450 may not be located less than <br />1,000 feet of a public elementary orsecondary school for which attendance is compulsory under <br />ORS 339.020, or aprivate or parochial elementary or secondary school teaching children as <br />described in ORS 339.030(1)(a) <br />B. Terpene Station, a medical marijuana dispensary registered pursuant to ORS <br />475B.450, was licensed by OHA in the Spring of 2014, for its current location at 645 River <br />Road, Unit 3, Eugene, Oregon. <br />C. Looking Glass Intensive Treatment (Looking Glass) is a residential treatment <br />facility is located at 550 River Road, Eugene, Oregon. <br />D. The 2016 Legislature adopted SB 1511. Section 29b of that legislation <br />provides that a city or county may adopt an ordinance that allows a recreational marijuana <br />retailer to be located less than 1000 feet for a school provided that (1) the retailer has a <br />license from OLCC and is located more than 500 feet from the school, and (2) the city or <br />county determines that a physical or geographic barrier exists separating the retail store from <br />the school. <br />E. Terpene Station is located east of River Road and north of Razor Avenue. <br />Looking Glass is located west of River Road, south of Bauer Land and north of Hansen Lane. <br />The distance of pedestrian travel between the door of Looking Glass and the door of Terpene <br />Station is 960 feet. As the crow flies, the distance is 825 feet from door to door. The closest <br />corners of the properties are approximately 605 feet apart (per GEODart). The two facilities <br />are located on opposite sides of a five lane “major” arterial with average daily traffic of 20,000. <br />There is only one crosswalk protecting pedestrian access across River Road between the <br />two facilities, which is located in the portion of the road outside of the building that includes <br />Terpene Station. Geographically, there are six commercial businesses between Looking <br />Glass and Terpene Station. In addition, the two facilities are not within line of sight of each <br />other, in part due to trees and other vegetation blocking that view. In light of these facts, <br />especially the busy arterial road separating the Looking glass facility from Terpene Station, <br />there are geographical and topographical barriers that will prevent children from traversing <br />between the two establishments. <br />Ordinance - Page 1 of 2 <br />
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