HomeMy WebLinkAboutOrd. 20602 with Scrivener Error MemoMlklh
WCity Attorney's Office
Date: December 11, 2019
To: Beth Forrest, City Recorder
From: Lauren A. Sommers, Assistant City Attorney
Memorandum
Subject: Scrivener Error Correction to Ordinance No. 20602
EC 9.2161, 9.2451, 9.3116, 9.3146, 9.3211, 9.3515, 9.3811, 9.3911 and Section 15
of Ordinance No. 20602
It has come to our attention that reference errors exist in EC 9.2161, 9.2451, 9.3116,
9.3146, 9.3211, 9.3515, 9.3811, 9.3911 and Section 15 of Ordinance No. 20602.
Ordinance No. 20602, adopted on July 24, 2019 contains several references to ORS
47813.105. That statute does not currently exist and as far as our office is aware, has never
existed. The references to ORS 478B.105 should have been references to ORS 475B.105, the
statute regulating the licensing of recreational marijuana retailers by the Oregon Liquor Control
Commission.
Please effect scrivener error corrections to EC 9.2161, 9.2451, 9.3116, 9.3146, 9.321 1,
9.3515, 9.3811, 9.3911 and Section 15 of Ordinance No. 20602.as shown in legislative format
below, so that they read as follows:
9.2161 Special Use Limitations for Table 9.2160.
(10) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS ^'R�a 47513.1'05.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
47�9�5 475B.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
9.2451 Special Use Limitations for Table 9.2450.
(7) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
City of Eugene • 125 E. 8th Ave. • Eugene, OR 97401 • 541-682-8447 • 541-682-5414 Fax
www.eugene-or.gov
Ordinance 20602 Scrivener Error Memo
December 11, 2019
Page 2 of 4
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 47-86.405 475B.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
495 475B.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
9.3116 Special Use Limitations for Table 9.3115.
(10) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 47813.06 475B.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
47913.195 4756.905.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
9.3146 S -DR Downtown Riverfront Special Area Zone Prohibited Uses. The following
uses are not permitted in the S -DR Zone.
(1) The following "Retail Sales and Service Uses" are not permitted.
(a) Agricultural Machinery Rental;
(b) Casinos;
(c) Drive-through facilities, except as permitted at EC 9.3145(4)(e);
(d) Indoor firing ranges;
(e) Heavy Equipment Sales;
(f) Kennels;
(g) Mortuaries;
(h) Outdoor sales or leasing of consumer vehicles, including passenger
vehicles, motorcycles, light and medium trucks, boat and watercraft, and
other recreational vehicles;
(i) Recreational vehicle parks;
Recycling or transfer stations (with the exception of small recycling
center as defined at EC 9.0500);
(k) Taxidermists;
(1) Vehicle service such as motor vehicle repair, tires sales and service,
gas station, or car wash.
(m) A retail marijuana use that is located within 1,000 feet of another retail
marijuana use.
City of Eugene • 125 E. 8th Ave. • Eugene, OR 97401 • 541-682-8447 • 541-682-5414 Fax
www.eugene-or.gov
Ordinance 20602 Scrivener Error Memo
December 11, 2019
Page 3 of 4
1. "Premises" means the location of a retail marijuana use described
in a license issued by the Oregon Liquor Control Commission
pursuant to ORS 47-88-106 475B.105.
2. "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to
ORS 47-66:185 475B.105.
3. "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest
point anywhere on the premises of a retail marijuana use to the
closest point anywhere on the premises of another retail marijuana
use.
9.3211 Special Use Limitations for Table .9.3210.
(5) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 47RR 105 4756.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
476 1 Q5 475B.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
9.3515 S -HB Blair Boulevard Historic Commercial Saecial Area Zone Development
Standards.
(9) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) . "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 478105 475B.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
47.86-185 475B.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
City of Eugene • 125 E. 8th Ave. • Eugene, OR 97401 • 541-682-8447 • 541-682-5414 Fax
www.eugene-or.gov
Ordinance 20602 Scrivener Error Memo
December 11, 2019
Page 4 of 4
9.3811 Special Use Limitations for Table 9.3810.
(11) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail. marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 47813.106 475B.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
47913.106 475B.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
9.3911 Special Use Limitations for Table 9.3910.
(5) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 478B.105 475B.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
47813.105 4756.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Section 15. Notwithstanding any other provision of this ordinance, a retail marijuana use
located within 1000 feet of the premises of another retail marijuana use shall be considered a
legal non -conforming use pursuant to EC 9.1220, provided that the City issued a Land Use
Compatibility Statement for the retail marijuana use before June 15, 2018. For purposes of this
section, "retail marijuana use" means a recreational marijuana retail facility licensed by the
Oregon Liquor Control Commission pursuant to ORS 4786:106 475B.105.
These corrections are authorized by Section 17 of Ordinance No. 20602. Please attach a
copy of this memo to Ordinance No. 20602.
City of Eugene • 125 E. 8th Ave. * Eugene, OR 97401 • 541-682-8447 • 541-682-5414 Fax
www.eugene-or.gov
COUNCIL ORDINANCE NO. 20602
COUNCIL BILL 5195
AN ORDINANCE CONCERNING THE LOCATION OF
RECREATIONAL RETAIL MARIJUANA USES AND AMENDING
SECTIONS 9.2160, 9.2161, 9.2450, 9.2451, 9.3115, 9.3116,
9.3146, 9.3210, 9.3211, 9.3515, 9.3810, 9.3811, 9.3910 AND
9.3911 OF THE EUGENE CODE, 1971.
ADOPTED: July 23, 2018
SIGNED: July 24, 2018
PASSED: 5:3
REJECTED:
OPPOSED: Syrett, Taylor, Zelenka
ABSENT:
EFFECTIVE: August 24, 2018
ORDINANCE NO. 20602
AN ORDINANCE CONCERNING THE LOCATION OF RECREATIONAL RETAIL
MARIJUANA USES AND AMENDING SECTIONS 9.2160, 9.2161, 9.2450,
9.2451, 9.3115, 9.3116, 9.3146, 9.3210, 9.3211, 9.3515, 9.3810, 9.3811, 9.3910
AND 9.3911 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The "Specialty Store" entry under the "Trade (Retail and Wholesale")" section
in Table 9.2160 of Section 9.2160 of the Eugene Code, 1971, is amended to provide as follows:
9.2160 Commercial Zone Land Use and Permit Requirements. The following Table
9.2160 Commercial Zone Land Uses and Permit Requirements identifies those uses
in Commercial Zones that are:
(P) Permitted.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to a conditional use permit or an approved final planned unit
development.
(S) Permitted, subject to the Special Development Standards for Certain
Uses beginning at EC 9.5000.
M The numbers in ( ) in the table are uses that have special use limitations
described in EC 9.2161.
Examples shown in Table 9.2160 are for informational purposes, and are not exclusive. Table
9.2160 does not indicate uses subject to Standards Review. Applicability of Standards Review
procedures is set out at EC 9.8465.
Table 9.2160 Commercial Zone Land Uses and Permit Requirements
C-1 C-2 I C-3 GO
Trade (Retail and Wholesale)
Specialty Store (an example includes a gift store) P(1)(10) P(10) I P(10) P(2)(10)
Section 2. A new subsection (10) is added to Section 9.2161 of the Eugene Code, 1971,
to provide as follows:
9.2161 Special Use Limitations for Table 9.2160.
(10) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 4786.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
4786.105.
Ordinance - Page 1 of 8
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Section 3. The "Specialty Store" entry under the "Trade (Retail and Wholesale")" section
in Table 9.2450 of Section 9.2450 of the Eugene Code, 1971, is amended to provide as follows:
9.2450 Emplovment and Industrial Zone Land Use and Permit Reauirements. The
following Table 9.2450 Employment and Industrial Zone Land Use and Permit
Requirements identifies those uses in the Employment and Industrial Zones that
are:
(P) Permitted.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to a conditional use permit or an approved final planned unit
development.
(S) Permitted, subject to the Special Development Standards for Certain Uses
beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations that
are described in EC 9.2451.
The examples listed in Table 9.2450 are for informational purposes and are not exclusive. Table
9.2450 does not indicate uses subject to Standards Review. Applicability of Standards Review
procedures is set out at EC 9.8465.
Table 9.2450 Employment and Industrial Zone Land Use and Permit Requirements
E-1 E-2 1-2 1-3
Trade (Retail and Wholesale)
Specialty Store (an example includes a gift store) P(4)(7) P(2)(7)
Section 4. A new subsection (7) is added to Section 9.2451 of the Eugene Code, 1971, to
provide as follows:
9.2451 Special Use Limitations for Table 9.2450.
(7) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 4786.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
4786.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Ordinance - Page 2 of 8
Section 5. The "Specialty Store" entry under the "Trade (Retail and Wholesale")" section
in Table 9.3115 of Section 9.3115 of the Eugene Code, 1971, is amended to provide as follows:
9.3115 S -CN Chase Node Special Area Zone Land Use and Permit Reauirements. The
following Table 9.3115 S -CN Chase Node Special Area Zone Land Uses and Permit
Requirements identifies those uses in the S -CN zone that are:
(P) Permitted, subject to zone verification.
(C) Subject to an approved conditional use permit.
(S) Permitted subject to zone verification and the Special Development Standards
for Certain Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations
described in EC 9.3116.
Examples of uses in Table 9.3115 are for informational purposes and not exclusive.
Table 9.3115 does not include uses subject to Standards Review. Applicability of
Standards Review procedures is set out at EC 9.8465.
Table 9.3115 S -CN Chase Node Special Area Zone
Land Uses and Permit Requirements
Land Use Type
C
HDR/MU
HDR
Trade (Retail and Wholesale)
Specialty Store (an example includes a gift store) P(6)(10) P(1)(10)
Section 6. A new subsection (10) is added to Section 9.3116 of the Eugene Code, 1971,
to provide as follows:
9.3116 Special Use Limitations for Table 9.3115.
(10) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 4786.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
4786.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Section 7. Subsection (1) of Section 9.3146 of the Eugene Code, 1971, is amended to
provide as follows:
Ordinance - Page 3 of 8
9.3146 S -DR Downtown Riverfront Special Area Zone Prohibited Uses. The following
uses are not permitted in the S -DR Zone.
(1) The following "Retail Sales and Service Uses" are not permitted.
(a) Agricultural Machinery Rental;
(b) Casinos;
(c) Drive-through facilities, except as permitted at EC 9.3145(4)(e);
(d) Indoor firing ranges;
(e) Heavy Equipment Sales;
(f) Kennels;
(g) Mortuaries;
(h) Outdoor sales or leasing of consumer vehicles, including passenger
vehicles, motorcycles, light and medium trucks, boat and watercraft, and
other recreational vehicles;
(i) Recreational vehicle parks;
(j) Recycling or transfer stations (with the exception of small recycling
center as defined at EC 9.0500);
(k) Taxidermists;
(1) Vehicle service such as motor vehicle repair, tires sales and service,
gas station, or car wash.
(m) A retail marijuana use that is located within 1,000 feet of another retail
marijuana use.
1. "Premises" means the location of a retail marijuana use described
in a license issued by the Oregon Liquor Control Commission
pursuant to ORS 4786.105.
2. "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to
ORS 4786.105.
3. "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest
point anywhere on the premises of a retail marijuana use to the
closest point anywhere on the premises of another retail marijuana
use.
Section 8. The "Specialty Store" entry under the "Trade (Retail and Wholesale")" section
in Table 9.3210 of Section 9.3210 of the Eugene Code, 1971, is amended to provide as follows:
Table 9.3210 S -DW Downtown Westside Special Area Zone
Uses and Permit Requirements
S -DW
Trade (Retail and Wholesale)
Specialty Store (An example includes a gift store.) P(3)(5)
Section 9. A new subsection (5) is added to Section 9.3211 of the Eugene Code, 1971, to
provide as follows:
Ordinance - Page 4 of 8
9.3211 Special Use Limitations for Table 9.3210.
(5) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 478B.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
478B.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Section 10. A new subsection (9) is added to Section 9.3515 of the Eugene Code, 1971,
to provide as follows:
9.3515 S -HB Blair Boulevard Historic Commercial Special Area Zone Development
Standards.
The design standards set forth in this section apply to all property within the S -HB
zone. In the event any of the development standards of this section conflict with the
general development standards of this land use code, the standards in this section
control. Property within this zone is also subject to the historic property alteration
Type II review and historic property moving and demolition procedures and criteria in
this land use code. Alterations shall be in character with the structure's original
stylistic integrity as described in the city landmark nomination.
(9) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 478B.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
478B.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Section 11. The "Specialty Store" entry under the "Trade (Retail and Wholesale")" section
in Table 9.3810 of Section 9.3810 of the Eugene Code, 1971, is amended to provide as follows:
9.3810 S -RN Royal Node Special Area Zone Land Use and Permit Requirements. The
following Table 9.3810 S -RN Royal Node Special Area Zone Uses and Permit
Requirements identifies those uses in the S -RN zone that are:
(P) Permitted, subject to zone verification.
Ordinance - Page 5 of 8
(C) Subject to an approved conditional use permit.
(S) Permitted subject to zone verification and the Special Development Standards
for Certain Uses beginning at EC 9.5000.
(SR) Permitted, subject to an approved site review plan or approved final planned
unit development.
(#) The numbers in ( ) in the table are uses that have special use limitations
described in EC 9.3811 Special Use Limitations for Table 9.3810.
Examples listed in Table 9.3810 are for informational purposes and are not exclusive.
Table 9.3810 does not indicate uses subject to Standards Review. Applicability of
Standards Review procedures is set out at EC 9.8465.
Table 9.3810 S -RN Royal Node Special Area Zone
Land Uses and Permit Requirements
LDR I MDR I RMU I CMU I MSC
Trade (Retail and Wholesale)
Specialty Store (examples include gift, computer
P(6)
P(7)
P(8)
or video store)
(3)
(3)
(3)
(11)
(11)
(11)
Section 12. A new subsection (11) is added to Section 9.3811 of the Eugene Code, 1971,
to provide as follows:
9.3811 Special Use Limitations for Table 9.3810.
(11) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 4786.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
4786.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Section 13. The "Specialty Store" entry under the "Trade (Retail and Wholesale")" section
in Table 9.3910 of Section 9.3910 of the Eugene Code, 1971, is amended to provide as follows:
9.3910 S -W Whiteaker Special Area Zone Land Use and Permit Reauirements. The
following Table 9.3910 S -W Whiteaker Special Area Zone Uses and Permit
Requirements identifies those uses in the S -W zone that are:
(P) Permitted, subject to zone verification.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
Ordinance - Page 6 of 8
(C) Subject to conditional use permit or an approved final planned unit
development.
(PUD) Permitted, subject to an approved final planned unit development.
(S) Permitted subject to zone verification and the Special Development
Standards for Certain Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations
that are described in EC 9.3911.
Examples of uses in Table 9.3910 are for informational purposes and not exclusive.
Table 9.3910 does not include uses subject to Standards Review. Applicability of
Standards Review procedures is set out at EC 9.8465.
Table 9.3910 S -W Whiteaker Special Area Zone Uses and Permit Requirements
S -W
Trade (Retail and Wholesale)
Specialty Store (examples include a gift, computer, candy, or video store) P(1)(5)
Section 14. A new subsection (5) is added to Section 9.3911 of the Eugene Code, 1971,
to provide as follows:
9.3911 Special Use Limitations for Table 9.3910.
(5) Separation between Retail Marijuana Uses. No portion of the premises of a
retail marijuana use may be located within 1,000 feet from the premises of
another retail marijuana use.
(a) "Premises" means the location of a retail marijuana use described in a
license issued by the Oregon Liquor Control Commission pursuant to
ORS 4786.105.
(b) "Retail Marijuana Use" means a recreational marijuana retail facility
licensed by the Oregon Liquor Control Commission pursuant to ORS
4786.105.
(c) "Within 1,000 Feet" means a straight line measurement in a radius
extending for 1,000 feet or less in every direction from the closest point
anywhere on the premises of a retail marijuana use to the closest point
anywhere on the premises of another retail marijuana use.
Section 15. Notwithstanding any other provision of this ordinance, a retail marijuana use
located within 1000 feet of the premises of another retail marijuana use shall be considered a
legal non -conforming use pursuant to EC 9.1220, provided that the City issued a Land Use
Compatibility Statement for the retail marijuana use before June 15, 2018. For purposes of this
section, "retail marijuana use" means a recreational marijuana retail facility licensed by the
Oregon Liquor Control Commission pursuant to ORS 4786.105.
Ordinance - Page 7 of 8
Section 16. The findings set forth in Exhibit A attached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 17. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Section 18. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Passed by the City Council this
23 Id day of July, 2018
all
City Recorder
Ordinance - Page 8 of 8
Approved by the Mayor this
9 ," day of July, 2018
Mayor
Exhibit A
Preliminary Findings
Separation Between Recreational Retail Marijuana Uses
(City File CA 18-4)
Overview
The goal of this proposed land use code amendment is to create a minimum 1,000 foot separation
between existing licensed recreational retail marijuana stores and any new recreational retail marijuana
stores.
As a result of the land use code amendment, new recreational retail marijuana stores must be
located at least 1,000 feet from the premises of existing licensed recreational retail marijuana stores
in the following 14 zones:
o C-1 Neighborhood Commercial
o C-2 Community Commercial
o C-3 Major Commercial
o GO General Office
o E-1 Campus Employment
o E-2 Mixed Use Employment
o S -C Chambers Special Area Zone - Community Commercial sub area
o S -CN - Chase Node Special Area Zone - Commercial (S-CN/C) and High Density Residential
Mixed Use (S-CN/HDR/MU) sub areas
o S -DW — Downtown Westside Special Area Zone
o S -F — Fifth Street Special Area Zone
o S -HB — Blair Boulevard Historic Commercial Special Area Zone
o S -RN — Royal Node Special Area Zone - Residential Mixed Use (RMU), Commercial Mixed Use
(CMU) and Main Street Commercial (MSC) sub areas
o S -SW — Walnut Station Special Area Zone
o S -W — Whiteaker Special Area Zone
Findings
Eugene Code Section 9.8065 requires that the following approval criteria (in bold italics) be applied to
a code amendment:
(1) The amendment is consistent with applicable statewide planning goals adopted by the Land
Conservation and Development Commission.
Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity
for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for community involvement which insure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The proposed land use code amendments do not amend the citizen involvement
program. The process for adopting these amendments complied with Goal 1 because it is consistent
with the City's acknowledged citizen involvement provisions.
A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and
Development on May 1, 2018. A public hearing is scheduled before the Planning Commission on June
6, 2018. A tentative public hearing is scheduled before the City Council for July 16, 2018. Consistent
with land use code requirements, the Planning Commission public hearing on the proposal was duly
noticed to all neighborhood organizations in Eugene, community groups and individuals who
requested notice. In addition, notice of the public hearing was also published in the Register Guard.
Information concerning the amendments, including the dates of the public hearings were posted on
the City of Eugene website.
These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore,
the ordinance is consistent with Statewide Planning Goal 1.
Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis
for all decisions and actions related to use of land and to assure an adequate factual basis for such
decisions and actions.
Eugene's land use code specifies the procedure and criteria that were used in considering these
amendments. The record shows that there is an adequate factual basis for the amendments. The
Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an
exchange, between the City and any affected governmental unit and when the City uses the
information obtained in the exchange to balance the needs of the citizens.
To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the
subject of these amendments with all of the affected governmental units. Specifically, the City
provided notice of the proposed action and opportunity to comment to the Oregon Department of
Land Conservation and Development, as well as to Lane County and the City of Springfield. There are
no exceptions to Statewide Planning Goal 2 required for these amendments. Therefore, the
amendments are consistent with Statewide Planning Goal 2.
Goal 3 - Agricultural Lands. To preserve agricultural lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply.
Goal 4 -Forest Lands. To conserve forest lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for forest use. Therefore, Statewide Planning Goal 4 does not apply.
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and
protect natural and scenic resources.
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OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration
of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect
a Goal 5 resource only if:
(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use
regulation adopted in order to protect a significant Goal 5 resource or to address specific
requirements of Goal 5,
(b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5
resource site on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating
that a resource site, or the impact areas of such a site, is included in the amended UGB area.
These amendments do not create or amend the City's list of Goal 5 resources, do not amend a code
provision adopted in order to protect a significant Goal 5 resource or to address specific
requirements of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5
resource site and do not amend the acknowledged urban growth boundary. Therefore, Statewide
Planning Goal 5 does not apply.
Goal 6 - Air Water and land Resource Quality. To maintain and improve the quality of the air, water
and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. The amendments to not affect the City's ability
to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not
apply.
Goal 7 - Areas Subiect to Natural Disasters and Hazards. To protect life and property from natural
disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and
property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis
and wildfires. The Goal prohibits a development in natural hazard areas without appropriate
safeguards. The amendments do not affect the City's restrictions on development in areas subject to
natural disasters and hazards. Further, the amendments do not allow for new development that
could result in a natural hazard. Therefore, Statewide Planning Goal 7 does not apply.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors,
and where appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non -urban areas of the state. The amendments do not affect
the City's provisions for or access to recreation areas, facilities or recreational opportunities.
Therefore, Statewide Planning Goal 8 does not apply.
Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety
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of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community
economic objectives. The amendments do not impact the supply of industrial or commercial lands.
Therefore, the amendments are consistent with Statewide Planning Goal 9.
Goal 10 - Housing. To provide for the housing needs of citizens of the state.
Goal 10 requires communities to provide an adequate supply of residential buildable land to
accommodate estimated housing needs for a 20 -year planning period. The Residential Lands Supply
Study (2017) was adopted by the City of Eugene as a refinement of the Envision Eugene
Comprehensive Plan, and complies with the requirements of Goal 10 and the corresponding
Administrative Rule. According to the Residential Lands Supply Study, there is sufficient buildable
residential land to meet the identified land need.
The amendments do not impact the supply of residential buildable land. Therefore, the amendments
are consistent with Statewide Planning Goal 10.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement
of public facilities and services to serve as a framework for urban and rural development.
The amendments do not affect the City's provision of public facilities and services. Therefore,
Statewide Planning Goal 11 does not apply.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation
system.
The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement:
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided in
section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this
rule. A plan or land use regulation amendment significantly affects a transportation facility if it
would:
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based
on projected conditions measured at the end of the planning period identified in the
adopted TSP. As part of evaluating projected conditions, the amount of traffic
projected to be generated within the area of the amendment may be reduced if the
amendment includes an enforceable, ongoing requirement that would demonstrably
limit traffic generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the significant
effect of the amendment.
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(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility such
that it would not meet the performance standards identified in the TSP or
comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility that is
otherwise projected to not meet the performance standards identified in the TSP
or comprehensive plan.
The amendments do not change the functional classification of a transportation facility, change the
standards implementing a functional classification system, or degrade the performance of a facility
otherwise projected not to meet performance standards. Therefore, Statewide Planning Goal 12 does
not apply.
Goal 13 - Energy Conservation. To conserve energy.
The amendments do not impact energy conservation. Therefore, Statewide Planning Goal 13 does
not apply.
Goal 14 -Urbanization. To provide for an orderly and efficient transition from rural to urban land use.
The amendments do not affect the City's provisions regarding the transition of land from rural to
urban uses. Therefore, Statewide Planning Goal 14 does not apply.
Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic,
historical, agricultural, economic and recreational qualities of lands along the Willamette River as the
Willamette River Greenway.
The amendments do not contain any changes that affect the Willamette River Greenway regulations,
therefore, Statewide Planning Goal 15 does not apply.
Goal 16 through 19 - Estuarine Resources Coastal Shorelands, Beaches and Dunes, and Ocean
Resources.
There are no coastal, ocean, estuarine, or beach and dune resources related to the property effected
by these amendments. Therefore, these goals are not relevant and the amendments will not affect
compliance with Statewide Planning Goals 16 through 19.
(2) The amendment is consistent with applicable provisions of the comprehensive plan and
applicable adopted refinement plans.
Applicable Metro Plan Policies
The Metro Plan does not contain any policies relevant to this amendment.
Envision Eugene Comprehensive Plan
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The Envision Eugene Comprehensive Plan does not contain any policies relevant to this amendment.
Applicable Refinement Plans
No relevant policies were found in the following adopted refinement plans:
o Bethel-Danebo Refinement Plan (1982)
o Bethel-Danebo Refinement Plan Phase II (1977)
o Eugene Downtown Plan (2004)
o Eugene (EWEB) Downtown Riverfront Specific Area Plan (2013)
o Fairmount/U of O Special Area Study (1982)
o Laurel Hill Neighborhood Plan (1982)
o 19th and Agate Special Area Study (1988)
o South Hills Study (1974)
o South Willamette Subarea Study (1987)
o Walnut Station Specific Area Plan (2010)
o Westside Neighborhood Plan (1987)
o West University Refinement Plan (1982)
o Whiteaker Plan (1994)
o Willow Creek Special Area Study (1982)
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area
Zone, in the case of establishment of a special area zone.
The amendments do not establish a special area zone. Therefore, this criterion does not apply.
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