03/15/17 City Council Agenda Packet

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Bend has 18 retail businesses with separation requirements of 1000 feet from each other. In addition, a 150 feet separation is required from developed parks and day care uses. The application process with $600 application fee and annual review requires compliance with local zoning, systems development charges estimate, water and sewer analysis and building code review. OLCC Exception The City has approved two exceptions to the OLCC standard of at least 1000 feet between a retail marijuana business and a school. Recently another request for an exception ordinance has been received. This work session provides an opportunity to clarify policy for exception requests. The State of Oregon allows a city to make an exception when the new medical or recreational marijuana business is at least 500 feet but less than 1000 feet from an elementary or secondary school and there is a physical barrier between the two uses (Senate Bill 1511). In both previous exceptions, the Oregon Liquor Control Commission (OLCC) identified a nearby school when the business either already had a license or was significantly invested in the application process to obtain a license. Also, in both cases, an arterial street with at least 20,000 average daily traffic was the primary factor in creating a physical barrier between the school and the business. Staff suggests using two criteria to be met before exception requests are discussed at the council level. Requests would only be considered if there is an arterial street with at least 20,000 average daily traffic between the school and the proposed business, and neither the applicant nor the OLCC was aware that a school was located within a 1000 feet of the proposed site at the time of application submittal. This policy would better reflect the intent of the SB 1511 exception process rather than allowing any exception request if the business was at least 500 feet from a school. RELATED CITY POLICIES Since Eugene's original zoning ordinance adoption in 1948, there has not been any minimum separation requirement in the land use code for any specific type of business, including adult related businesses. The only City land use code standard relating to minimum separation requirements is a need for at least 200 feet between freestanding signs in some commercial and industrial zones. COUNCIL OPTIONS No council options at this time. Work session is informational. CITY MANAGER'S RECOMMENDATION There is no City Manager recommendation.