HomeMy WebLinkAboutOrdinance No. 20571COUNCIL ORDINANCE NO. 20571
COUNCIL BILL 5161
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: December 12, 2016
SIGNED: December 13, 2016
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: Immediately upon Mayor’s signature.
ORDINANCE NO. 20571
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.
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 as
described in ORS 339.030(1)(a)
B. Terpene Station, a medical 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
facility is 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 approximately 605 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.
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