HomeMy WebLinkAboutItem 10 Amend the SDC to Regulate Land and Buildings may be used to Produce, Process, Sell Recreational Marijuana & ProductsAGENDA ITEM SUMMARY Meeting Date: 3/21/2016
Meeting Type: Regular Meeting
Staff Contact/Dept.: Greg Mott, DPW Jim Donovan, DPW
Staff Phone No: 541-726-3774
Estimated Time: 30 Minutes S P R I N G F I E L D
CITY COUNCIL
Council Goals: Provide Financially
Responsible and Innovative Government Services ITEM TITLE: AMEND THE SPRINGFIELD DEVELOPMENT CODE TO REGULATE THE
TIME, PLACE AND MANNER BY WHICH LAND AND BUILDINGS MAY BE
USED TO PRODUCE, PROCESS, SELL WHOLESALE AND SELL RETAIL RECREATIONAL MARIJUANA AND RECREATIONAL MARIJUANA
PRODUCTS.
ACTION REQUESTED:
Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTION 3.2-310 AND 3.2-410 ADDING VARIOUS RECREATONAL
MARIJUANA BUSINESSES TO SPECIFIC COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; SECTION 4.7-177 ADDING DEVELOPMENT
STANDARDS APPLICABLE TO RECREATIONAL MARIJUANA BUSINESSES
AND SECTIONS 3.2-210, 3.2-415, 3.2-610, AND 3.4-255 PROHIBITING RECREATIONAL MARIJUANA BUSINESSES; ADOPTING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
ISSUE STATEMENT: The proposed amendments to the Springfield Development Code found in Attachment 2 are the result of 3 work sessions and a single public hearing of the Planning Commission. These proposals regulate the time; place; and manner by
which land and buildings may be used and occupied for purposes of producing, processing, selling wholesale and selling retail recreational marijuana and recreational marijuana products. These regulations include relevant statutory
requirements for setbacks from schools and other licensed marijuana businesses; identify specific zoning districts where these various uses are permitted; and identify specific zoning districts or locations where these various uses are
prohibited.
ATTACHMENTS: Attachment #1: Planning Commission Briefing Memorandum Attachment #2: Staff Report, Code Amendments, Maps and Criteria of Approval
Attachment #3: Planning Commission Recommendation Memo
Attachment #4: Public Comments Submitted Prior to Council Hearing Attachment #5: Ordinance
DISCUSSION:
The Springfield City Council conducted a work session on 11/9/15 to begin
consideration of new land use regulations for state licensed medical and
recreational marijuana business activities. Council directed staff to work with the Planning Commission to research the zoning issues and recommend a package of
code revisions for Council review and adoption. The attached code proposal was
developed with Planning Commission, industry and public input prior to the Planning Commission recommendation of approval to City Council. The City
Council may approve, amend or extend review of the recommended code
amendments prior to adoption scheduled for April 4, 2016.
Attachment 1, Page 1 of 2
Attachment 1, Page 2 of 2
STAFF REPORT AND PROPOSED SPRINGFIELD DEVELOPMENT CODE (SDC) AMENDMENTS
TO ALLOW MEDICAL AND RECREATIONAL MARIJUANA FACILITIES
IN CERTAIN ZONING DISTRICTS (3/1/16 PC & 3/21/16 CC)
This proposed action amends the following Sections of the Springfield Development Code:
1) Subsection 3.2-200 Residential Zoning Districts; Subsection 3.2-210 Schedule of Use Categories;
Subsection 3.2-300. Commercial Zoning Districts; Subsection 3.2-310 Schedule of Uses Categories;
Subsection 3.2-400 Industrial Zoning Districts; 3.2-410 Schedule of Use Categories; Subsection 3.2-415
Schedule of Campus Industrial Use Categories; Subsection 3.2-600 Mixed Use Zoning Districts;
Subsection 3.2-610 Schedule of Use Categories; Subsection 3.4-200 Glenwood Riverfront Mixed Use Plan
District; Subsection 3.4-255 Prohibited Uses; Subsection 4.7-177 Marijuana Uses; Subsection 6.1-110
Meaning of Specific Words and Terms. These amendments will allow medical and recreational
marijuana retail sales in the Community Commercial and Major Retail Commercial Zoning Districts; will
allow marijuana production, processing and wholesale sales in the Light Medium, Heavy and Special
Heavy Industrial Zoning Districts; will establish Subsection 4.7-177 describing specific development
standards for each licensed use in each affected zoning district; and will add definitions consistent with
state statutes.
I. The use tables of the Springfield Development Code are proposed to be amended as follows:
3.2-300 Commercial Zoning Districts
Commentary. Marijuana retail sales are proposed to be permitted in the Community Commercial (CC)
and Major Retail Commercial (MRC) Zoning Districts under Special Use standards as noted below and
detailed under Special Use Standards section.
Marijuana retail sales are proposed to be prohibited in the Neighborhood Commercial (NC) and General
Office Zoning Districts for the following reasons:
1) The NC (Neighborhood Commercial) Zoning District, while listed under “Commercial Districts”, is
discussed under the Metro Plan Residential Designation where “neighborhood commercial services” are
allowed as auxiliary uses. The SDC limits the NC Zoning District to not more than 3 acres in size
consisting of a neighborhood market, hair salon, etc. serving the neighborhood and it is typically
surrounded by residential zoning districts. The proposed separation and buffer restrictions proposed in
Subsection 4.7-177 below either would be difficult to, or cannot be met.
2) The GO (General Office) Zoning District, which is considered a buffer between more intense
commercial uses and residential uses does allow retail uses as a secondary use. However, retail uses are
limited to no more than 10 percent of the gross floor area of the office building in which they are sited
and are typically serving the primary office uses. If retail sales are to be buffered from residential
districts, any separation standards would be virtually impossible to meet. For these reasons, staff
proposes that marijuana retail outlets should not be permitted in the GO Zoning District.
3) After PC discussion of zoning principles and the lack of crime statistics to support safety concerns,
state licensed commercial daycare businesses are not buffered in this proposal.
Proposed text is underlined and highlighted in yellow.
Attachment 2, Page 1 of 22
3.2-310 Schedule of Use Categories
Commercial Districts
Categories/Uses NC CC MRC GO
Marijuana Business (Section 4.7-177)
Marijuana Retail Outlet (Recreational or Medical) N S* S* N
Note: S* refers to a use that is permitted subject to Special Use Standards, an asterisk denotes site plan
review.
*******************
Section 3.2-400 Industrial Zoning Districts
Commentary. This section addresses several issues identified with production of marijuana, processing
of marijuana products or wholesaling of marijuana. Staff research of other jurisdictions, state statutes
and code structure leads to the proposal not to permit marijuana dispensaries or retail outlets within
industrial zoning districts as a primary or secondary use. The LMI (Light Medium Industrial) and HI
(Heavy Industrial Zoning) Districts do not permit retail uses as a primary use, which includes, but is not
limited to: manufacturing; warehousing; and research, development and testing laboratories. While
these zoning districts do allow secondary uses serving or related to the primary industrial uses, they are
limited to those serving the employees of the primary industrial use. There are no secondary retail uses
in these zoning districts. In addition, the SHI (Special Heavy Industrial) Zoning District is located outside
of the Springfield city limits and is therefore not eligible for marijuana dispensaries, which are required
to be located only within Springfield’s city limits due to the operational requirements contained in the
Springfield Municipal Code Chapter 7. The Springfield Municipal Code does not apply outside of the city
limits.
3.2-410 Schedule of Use Categories
Industrial Districts
Use Categories/Uses LMI HI SHI
Marijuana Business (Special Use Standards Section 4.7-177)
Production Facilities
Indoor/Outdoor, Tier I-II Canopy Regulations-
N S* S*
Processing Facilities
S* S* N
Wholesale Facilities
S* S* N
Marijuana Retail Outlets or Sales, as a primary or secondary use. N N N
Note: S* refers to a use that is permitted subject to Special Use Standards, an asterisk denotes site plan
review.
Attachment 2, Page 2 of 22
3.2-415 Schedule of Campus Industrial Use Categories
Commentary. While the CI (Campus Industrial) Zoning District does allow certain retail uses, these uses
are also intended to be secondary to the permitted primary Campus Industrial uses. The purpose of
these permitted secondary retail uses is to serve the employees of the CI Zoning District. A retail use
will serve customers from all over the metropolitan area and, therefore, is not considered secondary to
permitted primary uses specified in SDC Subsection 3.2-415. All other marijuana uses will not meet
operational or other standards of the district.
Staff proposes adding marijuana dispensaries to the CI prohibited use list:
Prohibited Uses
Marijuana Business N
******************
3.4-200 Glenwood Riverfront Mixed-Use Plan District
Commentary. Springfield has two sets of mixed-use zoning district. One applies to Glenwood Phase 1
only; the other to the rest of the City. This section addresses the Glenwood Riverfront Mixed-Use Plan
Districts.
All the zoning in Glenwood Riverfront Mixed-Use Plan District is either Employment Mixed-Use,
Commercial Mixed-Use, Office Mixed-Use or Employment Mixed-Use. Any permitted primary uses in
these zoning districts were limited to prevent conflicts with retail uses in downtown Springfield or other
commercial areas and purposefully create a distinct business environment. Additionally, the purpose of
permitted secondary retail uses in Glenwood is to serve either the residents or employees of a building,
not the general public. Therefore, marijuana uses would not be allowed as a primary or secondary use in
these zoning districts.
3.4-255 Prohibited Uses
The following uses are similar in nature to other prohibited retail and industrial uses and shall be added
to the list of prohibited uses within the Glenwood Riverfront Mixed-Use Plan District:
Marijuana Business.
Section 3.2-600 Mixed Use Zoning Districts
Commentary. These mixed use zoning districts are distinct from Glenwood districts, and differ in
permitted uses, notably residential uses are allowed under all three districts. Therefore it would be very
difficult to regulate any separation between retail or any other marijuana uses and the desired
residential uses. For these reasons staff recommends no marijuana uses be permitted in any mixed use
district having a residential district.
Attachment 2, Page 3 of 22
3.2-610 Schedule of Use Categories
Districts
Categories/Uses MUC MUE MUR
Marijuana Business
Production, Processing, Wholesaling, Retail N N N
*************
Section 3.2-200 Residential Zoning Districts
Commentary. Marijuana businesses are prohibited in all standard residential districts by state statute,
and verified for local compliance prior to the issuance of a license. This code section is intended to be
consistent with those statutes.
3.2-210 Schedule of Use Categories
Districts
Categories/Uses LDR SLR MDR HDR
Marijuana Business (4.7-177)
Production, Processing, Wholesaling, Retail N N N N
II. The following new Special Use Standards are proposed to be added to Code Section 4.7 as
indicated by asterisk in the permitted use tables above:
Section 4.7-177 Marijuana Uses
Commentary. SDC 4.7-100 currently contains “special use” standards for a number of permitted uses in
various zoning districts. These “special use” standards typically involve specific standards designed to
control location or mitigate impacts of a use on surrounding properties. The following proposed
Subsection provides specific standards for permitting marijuana uses consistent with statutory
regulations, Springfield Municipal Code and as recommended or requested for consideration by City
Council or the Planning Commission.
Attachment 2, Page 4 of 22
A. Marijuana Retail Outlets shall be:
1. Licensed or registered and operated in accordance with Oregon Revised Statutes and
applicable Oregon Administrative Rules.
2. Licensed and regulated as specified in Chapter 7 of the Springfield Municipal Code;
3. Located on and take access from an arterial or collector street; and[jpd1]
4. Fully contained in a permanent building in the Community Commercial or Major Retail
Commercial Zoning Districts.
5. Prohibited in any district except CC and MRC.
B. Where permitted by this Code, Marijuana Retail Outlets shall not be located:
Commentary. The following section is designed to be consistent with state statutes and
recommendations or requests for consideration by the Planning Commission or City Council.
1. At the same address as another licensed or registered marijuana business;
2. Within 1,000 feet of the real property comprising a public or private elementary,
secondary or career school attended primarily by minors (“within 1,000 feet” means a
straight line measurement in a radius extending for 1,000 feet or less in every direction
from any point on the boundary line of the real property comprising an existing public or
private elementary, secondary or career school primarily attended by minors);
3. Within 1,000 feet of another l Marijuana Retail Outlet (“within 1,000 feet” means a
straight line measurement in a radius extending for 1,000 feet or less in every direction
from any point on the boundary line of the real property compromising a retail outlet);
Commentary. The following proposed standards are not listed in statute; the intent was to provide
additional protection of children. See the Cole Memorandum1. Staff reviewed adopted or proposed
medical marijuana dispensary zoning regulations from Ashland, Beaverton and Salem and found that
1 In a memorandum to all United States Attorneys dated August 29, 2013, James M. Cole, Deputy Attorney General distributed
information on Guidance Regarding Marijuana Enforcement. The memorandum states in part: “…the Department (Justice
Department) in recent years has focused its efforts on certain enforcement priorities that are particularly important to the
federal government…. Preventing the distribution of marijuana to minors…. The Department’s guidance in this memorandum
rests on tis expectation that states and local governments that have enacted [and/or are proposing to] laws authorizing
marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat
those state laws could pose to public safety, public health, and other law enforcement interests….” The Oregon Legislature has
adopted Medical Marijuana regulations enacted by Senate Bill 1531 (2014) which grants Springfield the authority to adopt
ordinances within the city limits that impose reasonable regulations on the operation of medical marijuana facilities registered
under ORS 475.314 that are consistent with the latest directive.
Attachment 2, Page 5 of 22
they addressed parks, pre-schools and certified day care facilities. See Medical Marijuana Dispensaries –
Other City Comparisons. Staff originally proposed 1,000 feet of separation between parks, pre-schools
and certified day care centers. However, based upon input from the marijuana industry representatives
(250 foot from parks) and the 100O foot buffer initially discussed, the 500 foot proposal represents a
compromise of buffering. Pre-schools and day care facilities located in residential zoning districts will be
addressed in the proposed residential setback locational standard below.
4. Within 500 feet of parks where minors congregate (“within 500 feet” means a straight
line measurement in a radius extending for 500 feet or less in every direction from any
point on the boundary line of the real property compromising a Marijuana Retail
Outlet[jpd2]).
Commentary. Setbacks from residential zoning districts. These standards are not listed in statute; the
intent is to provide additional protection of children. This topic was initially discussed with City Council
during review of regulations amending the Springfield Municipal Code to regulate licensing medical
marijuana dispensaries in the City. A number of options were mentioned from 1,000 feet to 100 feet
and possible distances in between. Staff reviewed adopted, or soon to be adopted, medical marijuana
dispensary zoning regulations from Ashland, Beaverton and Salem regarding setbacks from residential
zoning districts. Staff found Ashland proposed a 200 foot setback, Salem proposed a 100 foot setback
and Beaverton has no setback. Please note that when zoning was first applied along Main Street,
commercial zoning included a 200 foot-wide swath that created a number of lots that were split zoned
Community Commercial and residential. The linear pattern of Main Street also would prohibit the
establishment of any medical marijuana dispensaries in this area if a 1,000 or even 200 foot setback was
to be imposed. Staff prepared maps showing a proposed 50 foot and 100 foot setback from residential
properties along Main Street and in other areas of Springfield where Community Commercial and Major
Retail Commercial zoning occurs for review of Council and Planning Commission. Based upon input from
Council, the Commission and initial feedback from marijuana industry representatives, a 50 foot setback
was proposed. The 50 foot option should cover all residential pre-schools and day care facilities in the
residential zoning districts and ensure that no retail outlet is located immediately adjacent to a
residential zone. No separate setback for commercial day care facilities is proposed.
5. Within 50 feet of any residential zoning district (“within 50 feet” means a straight line
measurement in a radius extending for 50 feet, including public right-of-way, in every
direction from any point of the property containing a Marijuana Retail Outlet
C. Additional Marijuana Retail Outlet Regulations. A Marijuana Retail Outlet shall:
1. Not have a drive-up window;
2. Not operate from any temporary facility in any zone.
3. Provide for secure disposal of marijuana remnants or by-products, which shall not be
placed[jpd3] within the businesses storage of exterior refuse containers.
4. Not include outdoor storage of merchandise, raw materials, or any other material
associated with retail sales.
5. Preclude any use of products on site unless expressly exempted by state statute.
Attachment 2, Page 6 of 22
6. Not be allowed as a home occupation in any zone.
Commentary: The following proposed Subsection provides specific standards for permitting production,
processing or wholesale marijuana uses consistent with statutory regulations, Springfield Municipal
Code and as recommended or requested for consideration by City Council or the Planning Commission.
D. Industrial Uses
Commentary: Discussions with the Planning Commission of characteristics related to production
identified a need for reasonable operating and location conditions designed to mitigate olfactory
impacts related to outdoor and indoor grow operations. The state defines two tiers of canopy sizes for
indoor and outdoor grows under Production licenses:
Indoor Production Outdoor Production
Tier 1- Up to 5,000 square feet Tier 1- up to 20,000 square feet
Tier II- 5001-10,000 square feet Tier II- 20,001-40,000 square feet
Considering the potential olfactory impacts related to both indoor and outdoor production and other
site design characteristics required for site plan and MDS approval the following special standards are
proposed by staff for production within the Heavy Industrial District:
Production Facilities
1. Indoor Production Facilities licensed by the State of Oregon as a Tier 1 operation shall be
located within a permanent structure on a lot no smaller than 1 acre in size, shall not be
located within 500 feet of any zoning district allowing residential use, and shall provide
a controlled exhaust system with filters designed to significantly reduce or eliminate
odors at the property line.
2. Indoor Production Facilities licensed by the State of Oregon as a Tier II operation shall be
located within a permanent structure on a lot no smaller than 5 acres in size, shall not
be located within 1000 feet of any zoning district allowing residential use, and shall
provide a controlled exhaust system with filters designed to significantly reduce or
eliminate odors at the property line.
3. Outdoor Production Facilities licensed by the State of Oregon as a Tier I operation shall
be located on a lot no smaller than 5 acres in size, shall not be located within 1000 feet
of any zoning district allowing residential use, and shall be screened or secured in
accordance with state statutes and this code for outdoor storage. Any structure on site
used for production purposes shall provide a controlled exhaust system with filters
designed to significantly reduce or eliminate odors at the property line.
Attachment 2, Page 7 of 22
4. Outdoor Production Facilities licensed by the State of Oregon as a Tier II operation shall
be located on a lot no smaller than 10 acres in size, shall not be located within 1000 feet
of any zoning district allowing residential use and shall be screened or secured in
accordance with state statutes and this code for outdoor storage. Any structure on site
used for production purposes shall provide a controlled exhaust system with filters
designed to significantly reduce or eliminate odors at the property line.
Commentary: Discussions with the Planning Commission of the known characteristics related to
processing identified a need for reasonable operating conditions designed to mitigate impacts related to
the most intense processing operations, notably extraction with butane or other chemicals.
Processing Facilities
1. Processing Facilities performing testing, including marijuana testing laboratories,
processing, or manufacture of edibles or concentrates shall be located within LMI or HI
Districts and be completely enclosed within a permanent structure provide with a
controlled exhaust system with filters designed to significantly reduce or eliminate
odors at the property line.
2. Processing Facilities processing cannabinoid extracts shall be located within HI Districts,
shall be located 500 feet from any district allowing residential use and be completely
enclosed within a permanent structure provide with a controlled exhaust system with
filters designed to significantly reduce or eliminate odors at the property line and shall
be subject to Type II Site Plan Review.
3. Licensed or registered and operated in accordance with Oregon Revised Statutes and
applicable Oregon Administrative Rules.
4. Licensed and regulated as specified in Chapter 7 of the Springfield Municipal Code;
5. Located on and take access from an arterial or collector street; and
Commentary: Discussions with the Planning Commission of the known characteristics related to
production identified a need for reasonable operating conditions designed to mitigate olfactory impacts
related to outdoor and indoor grow operations.
Wholesale Facilities
1. Licensed or registered and operated in accordance with Oregon Revised Statutes and
applicable Oregon Administrative Rules.
2. Licensed and regulated as specified in Chapter 7 of the Springfield Municipal Code.
Attachment 2, Page 8 of 22
3. Located on and take access from an arterial or collector street.
4. Within 50 feet of any residential zoning district (“within 50 feet” means a straight line
measurement in a radius extending for 50 feet, including public right-of-way, in every
direction from any point of the property containing a Marijuana Retail Outlet.
5. No retail sales shall be permitted from any wholesale marijuana distribution facility.
6. No outdoor storage of any marijuana items shall occur at a wholesale marijuana
distribution facility.
Commentary. The intent of the Subsection below is to not penalize existing marijuana dispensaries that
have been: 1) approved prior to these proposed amendments; or 2) if a school, park or another
protected use locates within a proposed locational standard area after a marijuana business has been
approved under these proposed regulations.
E. The siting of a future school, daycare or park use that affects a licensed marijuana business
existing at the time of the siting, shall not make the existing marijuana business in violation of
the locational standards specified in this Code, nor shall it be grounds to refuse to renew a
license.
F. In the event that a licensed or registered marijuana business is existing on [INSERT EFFECTIVE
DATE OF ORDINANCE HERE], that existing use is allowed to continue as approved. In the event a
marijuana business is unoccupied, discontinued or unlicensed for 6 months or more after the
above date, it shall be subject to the non-conforming use standards of Section 5.8-100 of this
code.
Commentary. In addition to meeting the proposed locational standards, establishment of marijuana
businesses will require the following applicable planning review process. All marijuana businesses are
required to be located on properties annexed to the City of Springfield to allow enforcement and
licensing as prescribed by the Springfield Municipal Code, and all businesses permitted under this code
are considered urban uses and are not permitted in the UF/10 Overlay District.
G. Planning Review.
1. When the proposed marijuana business is a change of use in an existing building,
Minimum Development Standards (MDS) as specified in Section 5.15-100 will apply.
2. When the proposed marijuana business is to be located in a new building, Site Plan
Review standards as specified in Section 5.17-100 will apply.
3. MDS or Site Plan Review approval by the Director will require, in addition to any other
conditions of approval, a copy of the state license or registration and a copy of the City
of Springfield marijuana business license pursuant to Chapter 7 of the Springfield
Municipal Code. These documents shall be required prior to occupancy.
Attachment 2, Page 9 of 22
4. All marijuana businesses allowed under this code shall occur on properties inside city
limits.
Commentary. The statutory definitions of medical and recreational uses consistent with Chapter 7 of
the Springfield Municipal Code will be inserted prior to public review.
Section 6.1-110 Meaning of Specific Words and Terms
Cannabinoid means any of the chemical compounds that are the active constituents of marijuana.
Cannabinoid concentrate means a substance obtained by separating cannabinoids from
marijuana by:
(a) A mechanical extraction process; or
(b) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water,
vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.
Cannabinoid edible means food or potable liquid into which a cannabinoid concentrate, cannabinoid
extract or dried marijuana leaves or flowers have been incorporated.
Cannabinoid extract means a substance obtained by separating cannabinoids from marijuana by:
(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or
propane;
(b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process
uses heat or pressure; or
(c) Any other process identified by the commission, in consultation with the authority, by rule.
Cannabinoid product means a cannabinoid edible and any other product intended for human
consumption or use, including a product intended to be applied to the skin or hair that contains
cannabinoids or dried marijuana leaves or flowers.
Cultivation or cultivate means: all phases of growth of marijuana from seed to harvest.
Marijuana means the plant Cannabis family Cannabaceae, any part of the plant of the Cannabis
family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. “Marijuana” does not
include industrial hemp, as defined in ORS 571.300.
Marijuana business means any person or entity appropriately licensed by the Oregon Health
Authority or the Oregon Liquor Control Commission that sells, produces, cultivates, grows,
wholesales, processes, researches, develops or tests medical marijuana or recreational adult use
marijuana within the City of Springfield.
Marijuana grow sites means a specific location registered by the Oregon Health Authority and used
by the grower to produce marijuana for medical use by a specific patient.
Marijuana items means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid
extracts.
Marijuana processing means the preparing, compounding, testing or conversion of marijuana into
Attachment 2, Page 10 of 22
cannabinoid products, cannabinoid concentrates, and cannabinoid extracts for medical or
recreational purposes.
Marijuana production means the manufacture, planting, cultivation, growing, or harvesting of
marijuana as licensed by the Oregon Liquor Control Commission or Oregon Health Authority.
Marijuana retailer means a person or entity licensed by the Oregon Liquor Control Commission or
Oregon Health Authority to sell marijuana items to a consumer in this state.
Marijuana Retail Outlet means a business location that sells marijuana items to a consumer or
patient.
Marijuana testing laboratory means a laboratory that tests marijuana items for producer,
processor, wholesaler or retail outlets.
Marijuana wholesaler means a person or entity that purchases marijuana items in this state for
resale to a person other than a consumer.
Medical marijuana dispensary means a medical marijuana facility or entity registered with the
Oregon Health Authority under ORS 475.300.
Recreational marijuana means any marijuana intended for recreational use which meets all
requirements for recreational marijuana contained in this chapter, Oregon state law, and any other
applicable law.
School means a building where individuals gather to receive educational instruction, either public
or private, except as otherwise specifically defined in this code. School does not include a child
care facility as defined in this Chapter.
NOTE: This package of specific code amendment language is supported by the accompanying Staff
Report and Findings document containing findings and conclusions in compliance with the standards of
the Springfield Development Code for proposed amendments.
Attachment 2, Page 11 of 22
TYP414-0003
Springfield Development Code
Amendment
Staff Report and Findings
Procedural Findings
Finding: This Development Code Amendment was initiated by the Director in accordance with
SDC 5.6-105A.
Finding: Timely and sufficient notice of the public hearings was provided pursuant to SDC:
• Notice of the proposed amendments was provided to the Department of Land
Conservation and Development (DLCD) on February 12, 2016.
• The City of Springfield published a notice of the Planning Commission and City
Council public hearings for the proposed Development Code text amendments in the Register Guard Newspaper on February 16, 2016.
• The City of Springfield sent additional notice to known existing marijuana business owners and affected parties that have participated or requested notice on February 19, 2016.
Finding: The Planning Commission held work sessions on December 15, 2015; December 22, 2015; and January 20, 2016 and a public hearing on March 1, 2016 and recommended
approval of the proposed amendments to the Springfield City Council.
Finding: The City Council will hold a public hearing and first reading of the ordinance on March 21,
2016. On Monday, April 4, 2016, the Council will consider a second reading and emergency adoption of the amendments.
Précis of the Proposal These proposed amendments to the Springfield Development Code are intended to provide
regulatory control of the production, processing, wholesaling and retailing of recreational marijuana as these uses and activities are undertaken in compliance with the rules of the
Oregon Liquor Control Commission as promulgated in Oregon Administrative Rule 845,
Division 25 and in Chapter 1, Oregon Laws 2015, and medical marijuana as these uses and activities are undertaken in compliance with the rules of the Oregon Health Authority as
promulgated in Oregon Administrative Rule 333, Division 8 and in Chapter 614, Oregon Laws
2015.
This proposed action amends the following Sections of the Springfield Development Code:
1) Subsection 3.2-200 Residential Zoning Districts; Subsection 3.2-210 Schedule of Use Categories; Subsection 3.2-300. Commercial Zoning Districts; Subsection 3.2-310 Schedule of Uses Categories; Subsection 3.2-400 Industrial Zoning Districts; 3.2-410 Schedule of Use
Categories; Subsection 3.2-415 Schedule of Campus Industrial Use Categories; Subsection 3.2-600 Mixed Use Zoning Districts; Subsection 3.2-610 Schedule of Use Categories; Subsection 3.4-200 Glenwood Riverfront Mixed Use Plan District; Subsection 3.4-255
Prohibited Uses; Subsection 4.7-177 Marijuana Uses; Subsection 6.1-110 Meaning of Specific Words and Terms. These amendments will allow medical and recreational marijuana retail
Attachment 2, Page 12 of 22
sales in the Community Commercial and Major Retail Commercial Zoning Districts; will allow marijuana production, processing and wholesale sales in the Light Medium, Heavy, and Special
Heavy Industrial Zoning Districts; will establish Subsection 4.7-177 describing specific
development standards for each licensed use in each affected zoning district; and will add definitions consistent with state statutes.
Criteria of Approval
SDC 5.6—115 A. In reaching a decision on the adoption or amendment of refinement plans
and this Code’s text, the City Council shall adopt findings that demonstrate conformance to the
following:
1. The Metro Plan;
2. Applicable State statutes; and
3. Applicable State-wide Planning Goals and Administrative Rules.
1. The Metro Plan
The Metro Plan does not contain policies that go to the matter of this proposal per se; that is, in contemplation of the myriad of land uses and collateral impacts of those uses, the Metro Plan does not precisely envision a specific activity or set aside land or infrastructure as a safeguard against an unknown and unpredictable future. The Metro Plan assumes an effective
relationship between traditional implementation tools, i.e. zoning, development regulations, annexation, etc. and the promulgation of new laws and new rules, or decisions of the courts in the normal occurrence of legal adjudication of disputes or interpretations of the law. It is often
the case that state legislation is best implemented at the local level by amendments, when called for, to the comprehensive plan or development regulations even when those documents provide no indication that this legislation was expected or is derived from actions of the
Department of Land Conservation and Development or the Land Conservation and Development Commission. In the present circumstances the action to amend the Development Code is a response to the results of a statewide vote on the question of legalizing marijuana for
recreational purposes. This is neither a deliberate action to address a land use deficiency, nor is it the typical process that is employed to promote or enact changes in the state’s land use program. The principle objective was/is the legalization of marijuana for personal consumption;
the methodology to enable this objective is only coincidentally a planning, land use, or development consideration and therefore subject to this obligation of plan consistency.
In a general, fundamental construct, the Metro Plan provides guidance for all or most all matters
of an urban nature. As a subordinate element of the Metro Plan, the Development Code
provides the structure and quantitative measures by which the actual use of land is regulated. In
this case of immediate interest, that means implementing Ballot Measure 91’s interpretative
legislation contained in SB 3400. SB3400 regulates certain aspects of the production,
processing, wholesaling and retailing of recreational marijuana, primarily via licensing
authorized by the Oregon Liquor Control Commission and as found in OAR 845-25. The Metro
Plan requires new land use regulations, clearly a component of SB3400, to be consistent with
Attachment 2, Page 13 of 22
the policies of the Metro Plan, and that any new regulations that are inconsistent with the Metro
Plan either not be adopted or require amendment of the Metro Plan to achieve consistency
between the code and the plan. The Springfield Development Code is premised upon an
ongoing relationship of consistency with the Metro Plan. Chapter 1 of the SDC contains a
synopsis explaining the relationship of the Code to the Statewide Planning Goals and the Metro
Plan; Chapter 2 of the SDC contains general provisions including the following purpose
statement: “The regulations contained in this Code are intended to ensure that development is:
Sited on property zoned in accordance with the applicable Metro Plan diagram and/or applicable
Refinement Plan diagram.” The amendments included with this proposal will be based on the
appropriate zoning for each new use. This question of appropriateness is answered by
application of the purpose and intent of individual zoning districts using the most fundamental,
traditional zoning methodology of separating incompatible uses and co-mingling compatible and
similar uses. For example, these amendments propose to limit retail sales of recreational
marijuana to retail zoning districts; to limit production and processing of marijuana to industrial
districts; establish setbacks or separation from residential uses (in many cases as specified by
statute); require mechanical collection and dispersal of odors generated by marijuana
undergoing these various processes and actions; and, prohibit some or all of these activities in
most residential districts and anywhere outside the city limits. The use of the Development
Code to regulate time, place, and intensity of uses is consistent with the original and continuing
purpose and intent of zoning and development regulations, both of which are fundamental to
implementing Plan policy and providing a consistent structure within which it is possible to affix
the ongoing objective of Plan compliance, notwithstanding the specific nature of the use or its
relationship with each of the applicable statewide land use goals.
Finding: This broader understanding of planning policy and implementation techniques is
acknowledged in Chapter I General Findings, page I-8: “The development and implementation
of planning policies have social and economic impacts;”
Finding: The relationship between the Metro Plan and other plans, policies and reports is
described in Chapter I, page I-6: “The Metro Plan is the basic guiding land use policy
document, but it is not the only such document. As indicated in the Purpose section, above, the
Metro Plan is a framework plan, and it is important that it be supplemented by more detailed
refinement plans, programs, and policies;”
Finding: The Metro Plan anticipates that application of the goals, objectives and policies will not
always occur in a predictable way nor will events unfold in a preferred sequence; in these
circumstances each governing body will exercise its authority and discretion in selecting the
proper tools and applicable policies in pursuit of maintaining Metro Plan compliance as
described under “Use of the Metro Plan” in Chapter I, page I-4: “The revised goals, objectives,
and policies contained in this Metro Plan are not presented in any particular order of
importance. The respective jurisdictions recognize that there are apparent conflicts and
inconsistencies between and among some goals and policies. When making decisions based
on the Metro Plan, not all of the goals and polices can be met to the same degree in every
instance. Use of the Metro Plan requires a balancing of its various components on a case-by-
case basis, as well as a selection of those goals, objectives, and policies most pertinent to the
issue at hand.”
Finding: The text found under the Purpose section, page I-1, is thorough in its description of the
planning process; how the various policies of the Plan establish the basis for most local land
Attachment 2, Page 14 of 22
use decisions; how the public is included in these decisions; the need for coordination among
the governments and service agencies; and the advisability of using more precise planning
studies to assist with the application of general policy language at the local level: “Guides all
governments and agencies in the metropolitan area in developing and implementing their own
activities which relate to the public planning process; Establishes the policy basis for a general,
coordinated, long-range approach among affected agencies for the provision of the facilities and
services needed in the metropolitan area; Provides the public with general guidelines for
individual planning decisions. Reference to supplemental planning documents of a more
localized scope, including neighborhood refinement plans, is advisable when applying the Metro
Plan to specific parcels of land or individual tax lots; Provides continuity in the planning process
over an extended period of time; Establishes a means for consistent and coordinated planning
decisions by all public agencies and across jurisdictional lines;”
Finding: Fundamental Principle #5, page II-A-1, Chapter II states: “The zoning process shall
be monitored and adjusted to meet current urban land use demands through the planning
period for all land use categories.”
Finding: The “goals” established in the Metro plan express the desires of the residents of Springfield. The “goals” are generally carried out through “policies,” which are statements of public policy.
Finding: The goals and policies of the Metro Plan do not regulate legal business activities at the granular level. The addition of permitted uses and development
standards in the Springfield Development Code in response to state statutes is a standard function of the adopted implementing ordinance at a structural level and does
not materially affect any existing Commercial, Industrial or Economic elements of the
Metro Plan.
Conclusion: The above recitation and citations from the Metro Plan generally speak to
the relationship between plan policies and support documents such as zoning or development regulation. This relationship exists regardless of the specific subject of this
attraction or its place of origin; this includes the results of a popular vote legalizing a
leisure activity, but with specific strings attached. In this regard, the foregoing demonstrates that the proposed code amendments are in conformance with the
applicable policies of the Metro Plan. 2. Applicable State Statutes
Marijuana Statutes
Finding: Oregon voters approved Ballot Measure 67, the Oregon Medical Marijuana Act, in November 1998. The Oregon legislature has amended the Oregon Medical Marijuana Act and the Act authorizes local government to adopt reasonable regulations related to the hours
of operation, location and manner in which medical marijuana dispensaries are regulated. Cities have home rule authority to adopt regulations that are not unconstitutional or preempted by
federal or state law.
Finding: Oregon voters approved Ballot Measure 91 in November 2014, legalizing the personal use and possession of adult recreational marijuana on July 1, 2015, with certain limitations,
Attachment 2, Page 15 of 22
including restrictions on use in public, no growing in public view, a restriction on minors attempting to buy or entering licensed premises, prohibiting the sale or use by persons under
21, and imposing licensing and other requirements on marijuana cultivation, processing and
dispensing facilities. The measure, as amended by the Oregon State Legislature in 2015 (HB 3400 A, Section 33), authorizes reasonable conditions on the manner in which licensed
retailers, processors, producers, wholesalers may sell marijuana; reasonable limitations on the hours during which a licensed marijuana facility may sell marijuana items; reasonable requirements related to a public’s access to a licensed premises; reasonable distance between
facilities (no more than 1000 feet); and reasonable limitations on where a licensed premises may be located. Such regulations must be consistent with the City’s comprehensive plan, development code and public health and safety laws.
Finding: Senate Bill 460 allows medical marijuana retailers to sell limited amounts of adult recreational marijuana beginning October 1, 2015. This provision sunsets on December
31, 2016.
Finding: These regulations are also adopted in furtherance and protection of the health,
safety and welfare of the citizens of Springfield, including under the broad home rule authority
of the City of Springfield municipal charter.
Finding: In determining what is “reasonable,” the City has reviewed existing precedents across the state of Oregon, as well as Colorado and Washington states.
Finding: The City Council, in adopting this ordinance, is concerned with fairness, neighborhood
compatibility, respecting the will of the voters, protecting youth and minors, crime and nuisance issues, a cooperative and balanced approach and allowing new businesses to emerge and
grow.
Finding: Adverse effects of marijuana facilities to the community, addressed through reasonable time, place and manner restrictions, such as the ones adopted by this ordinance,
include:
1. Exposure of minors to the use and commercial aspects of marijuana;
2. Offensive odors from marijuana cultivation, production and storage; and
3. Incompatible development in residential areas.
Finding: State statutes continued to develop during the 2015 legislative session for adoption by
the implementing agencies, the Oregon Health Authority (OHA) and the Oregon Liquor Control Commission (OLCC). Subsequently, the OLCC published several versions of draft rules, and
then comprehensive final temporary rules. OHA has also published additional draft rules on
the medical marijuana dispensary program, labeling, concentration and serving size and testing. Measure 91, HB 3400, other applicable statutes and the various rules are all available
for public review. Finding: The SDC zoning rules under consideration herein are designed to establish and
regulate state licensed and legal marijuana rules in accordance with all applicable state
statutes.
Attachment 2, Page 16 of 22
Finding: When a development application includes a proposed comprehensive plan amendment or land use district change, or both, the proposal shall be reviewed to determine
whether it significantly affects a transportation facility, in accordance with Oregon
Administrative Rule (OAR) 660-012-0060.
Finding: The new text amends the SDC, an implementation ordinance and functional
component of the Metro Plan, and is an amendment to a land use regulation as noted in OAR 660-012-0060. The proposed amendments are not site specific and do not affect the
functional classification of any street. The proposed amendments will have no measurable
impacts on the amount of traffic on the existing transportation system; the proposed amendments will allow uses within specific zoning districts that will not generate more individual vehicle trips, materials
deliveries, or other freight purposes than would existing permitted uses within these zoning districts affected by these amendments; therefore the proposed text amendments do not cause a “significant effect” under ORS 660-012-0060.
State Land Use Statutes
Finding: State statutes which apply to this request include those statutes requiring compliance
to Statewide Planning Goals. The statute requiring compliance is ORS 197.250. This
application can be deemed in compliance by adoption of findings relating how the application
conforms to each of the Statewide Goals, as outlined in the following section.
Conclusion: The above recitations, citations and conclusions demonstrate that the proposed
amendments are in conformance with the applicable state statutes for new marijuana uses.
3. Applicable State-wide Planning Goals and Administrative Rules.
Finding: The proposed amendments are consistent with the applicable State land use law. In particular, they satisfy Goal 1: Citizen Involvement, Goal 2: Land Use Planning, and Goal 9:
Economic Development.
Goal 1, Citizen Involvement
This Goal is satisfied through following the City’s acknowledged text amendment process that includes a Planning Commission public hearing, followed by a City Council public hearing on
the proposed land use code amendments. In addition, the City has met and notified known
marijuana business owners. See also the dates and substance of notices announcing public meetings to discuss these proposed amendments under the procedural requirements on page 1 of this
document.
Goal 2, Land Use Planning
This Goal requires a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. The Goal is met because the City followed the land use planning
process and policy framework established in the City’s acknowledged Comprehensive Plan (Metro Plan) and Development Code as a basis for the decisions and actions related to the
Attachment 2, Page 17 of 22
new regulations regarding the use of land and to assure an adequate factual base for these decisions and actions. The proposed amendments will be adopted by the City Council after a
public hearing. Multiple opportunities were provided for review and comment by citizens and
affected governmental units during the preparation of this ordinance.
Goal 2 specifically states that minor plan changes such as the marijuana business
regulations, should be based on special studies or other information which will serve as the factual basis to support the change. The public need and justification for the particular change
should be established. The City rules proposed reflect the input of knowledgeable members
of the industry, marijuana law, the Willamalane Parks and Recreation District, and the community at large. Staff and Planning Commission studied several maps with buffers around
various uses including schools, childcare facilities, parks and also between marijuana facilities. The proposed amendments include buffers around schools and residential districts in order to balance a strong and heartfelt desire to balance protection of children from drug use while still
allowing marijuana uses to locate in the City and to serve legitimate medical needs and also
to allow marijuana retail to develop their legal businesses for adults.
Goal 3 – Agricultural Land All land in the City’s urban transition area carries City, urban zoning. An exception to this goal
was taken in 1982 when the comprehensive plan was acknowledged. Goal 3 does not apply to land within the jurisdiction of the City of Springfield.
Goal 4 – Forest Land
All land in the City’s urban transition area carries City zoning. An exception to this goal was
taken in 1982 when the comprehensive plan was acknowledged. Goal 5 – Open Spaces, Scenic and Historic Areas, and Natural Resources
The proposed amendments do not provide an alternative approach to development review for these activities. These proposed new uses will be subject to the same rules and standards
regarding development within or adjacent to inventoried Goal 5 resources that apply to all
existing permitted uses. No change to the City’s Goal 5 inventory or Goal 5 protection measures is proposed. The City’s long standing acknowledgment of compliance with Goal 5
is unaffected by these proposed amendments. Goal 6 – Air, Water and Land Resources Quality
The addition of these new uses in the use lists in the CC, MRC, LMI, HI and SHI zoning district
has no effect on the City’s long standing acknowledgment of compliance with Goal 6.
Goal 7 – Areas Subject to Natural Disasters and Hazards
The addition of these new uses as permitted uses within the city limits does not relieve the developer from compliance with the city’s development review standards as they are applied
within areas designated for consideration under Goal 7, nor are any of these uses more susceptible to the potential effects of these naturally occurring phenomena than are existing uses permitted within these areas, therefore the City’s long standing acknowledgment of
compliance with Goal 7 is maintained.
Attachment 2, Page 18 of 22
Goal 8 – Recreational Needs
The Willamalane Park and Recreation Plan constitutes the City’s efforts and commitments to
compliance with Goal 8. Among other elements of the park plan is a map showing all existing parks, both improved and undeveloped, in Willamalane’s inventory. Most of these parks are
located within residential plan designations, but several of them, Willamalane Park for instance, are near or are adjacent to commercial or industrial designations. This is of interest because one of the components of the proposed Code amendments recommends two
commercial zones (CC, MRC) and three industrial zones (LMI, HI, SHI) as suitable for licensed activities, while at the same time recommending a minimum separation of 500 feet between any of the licensed activities and any park. The statute has no such standard for
separation from parks, but it does require 1,000 feet of separation between all licensed activities and all K-12 public and private schools; this separation is included in the proposed
amendments. These proposed Code amendments do not influence the ability of Willamalane
to achieve its long range plan for the provision of park and recreation sites because the separation limitation is imposed on licensed sites, not on parks, therefore the Park District can
make improvements to undeveloped parks, and could acquire land for new park development
regardless of the location of any existing licensed activity therefore the City’s long standing acknowledgment of compliance with Goal 8 is maintained.
Goal 9, Economic Development
This Goal is implemented through Oregon Administrative Rule (OAR) Division 9 which is intended to ensure that each jurisdiction maintain an adequate land supply for economic development and employment growth. The proposed amendments establish regulations that
are consistent with addressing these same concerns (distance from residential uses; mitigation of obnoxious odors at the property line) that existing uses must satisfy; such an approach reasonably accommodates existing and new marijuana businesses, allowing them
to emerge and grow, thereby diversifying the local economy. Additionally, the language of the statute makes it clear that the state’s interest is in maintaining an adequate supply of product
without artificially influencing demand or supply in such a way as to encourage the incursion of
the black market. Staff evaluated the effect of required separation distances, location of commercial and industrial sites, and sites meeting minimum size requirements for production
licensing; there were a sufficient number of properties satisfying these standards to preclude
the artificial or unsought effect of limiting the supply of sites; therefore the City’s long standing acknowledgement of compliance with Goal 9 is maintained.
Goal 10 – Housing
The proposed amendments prohibit any of these licensed activities in residential zoning districts; require a minimum separation of 50 feet from retail and wholesale uses; and 500 or 1,000 feet from production (grow) or processing. These proposed amendments will not
reduce residential inventories as these uses are not allowed in residential zones; will not impact residential inventories as manufacturing or processing activities must be 500 or 1,000 feet from the nearest property that allows residential use; therefore the City’s long standing
acknowledgment of compliance with Goal 10 is maintained. Goal 11 – Public Facilities and Services
The proposed amendments do not result in the need to adjust or amend existing policies or
projects included in the City’s adopted Public Facilities and Services Plan through introduction
Attachment 2, Page 19 of 22
of uses that will generate more demand than existing, permitted uses in these same zoning districts proposed for these licensed activities; therefore the City’s long standing
acknowledgment of compliance with Goal 11 is maintained.
Goal 12 – Transportation
Finding: When a development application includes a proposed comprehensive plan amendment or land use district change, or both, the proposal shall be reviewed to determine
whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060.
Finding: The new text amends the SDC, an implementation ordinance and functional component of the Metro Plan, and is an amendment to a land use regulation as noted in OAR
660-012-0060. The proposed amendments are not site specific and therefore do not affect the
functional classification of any street. The proposed amendments will have no measurable impacts on the amount of traffic on the existing transportation system; the proposed
amendments will allow uses within specific zoning districts that will not generate more
individual vehicle trips, materials deliveries, or other freight purposes than would existing permitted uses within these zoning therefore the proposed text amendments do not cause a
“significant effect” under ORS 660-012-0060. Section 660-012-0060 of the Transportation Planning Rules requires evaluation of a
comprehensive plan or land use regulation amendment to determine if the amendment significantly affects a transportation facility. The proposed SDC amendment does not: change the functional classification of an existing or planned transportation facility; change
standards implementing a functional classification system; allow types of levels of use which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or reduce the level of service of a facility below the
minimum acceptable level identified in the Metropolitan Area Transportation Plan (TransPlan).
The proposed amendment will not affect a transportation facility and will not affect compliance
with policies or projects contained in TransPlan, a functional refinement to the Metro Plan, acknowledged as complying with the requirements of Goal 12; therefore the City’s long
standing acknowledgment of compliance with Goal 12 is maintained.
Goal 13 – Energy Conservation
The proposed amendments do not require the provision of any form of energy, or at higher levels, than current, existing uses demand; these proposed amendments do not enable urban uses to consume or dispense any form of energy in excess of the demands and discharge of
current, existing uses; therefore the City’s long standing acknowledgment of compliance with Goal 13 is maintained.
Goal 14 – Urbanization
This goal is concerned with the management of land within the urban growth boundary so that future growth occurs in a compact form, without leap-frogging or reflecting a pattern of sprawl,
and that high quality farm and forest land is protected for those activities. These proposed
amendments do not encourage sprawl or lower than targeted densities, or uncoordinated development. All of the new uses proposed in these amendments are equal to existing uses
in terms of land needs, utilities, infrastructure; they are no more likely to encourage scattered
Attachment 2, Page 20 of 22
development than existing permitted uses, and they are no more likely to deplete commercial and industrial inventories than any of the existing, permitted uses. The management of the
City’s land use inventories is unaffected by these proposed amendments therefore the City’s
long standing acknowledgment of compliance with Goal 14 is maintained.
Goal 15 – Willamette River Greenway The City’s obligation and requirements to protect and enhance the Willamette River Greenway
is unaffected by these proposed amendments; all residential zones within the Greenway is unchanged by this proposal inasmuch as these uses are prohibited in residential zones; the Glenwood Riverfront is zoned Mixed Use, either residential, commercial, or employment, and
in all cases none of the proposed use additions are permitted in mixed use zones; therefore the City’s long standing acknowledgment of compliance with Goal 15 is maintained.
Goals 16 through 19 – Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources
There are no coastal, ocean, estuarine, or beach and dune resources within the City’s jurisdiction. These goals do not apply in Springfield.
Conclusion and Recommendation
The City of Springfield recognizes the importance of a diverse economy that supports a mix of uses. The proposed amendments address compatibility concerns raised by members of the
public; however, they are not overly regulatory and therefore allow new businesses to emerge and grow, thereby diversifying the local economy. The proposed regulations provide clear standards and specify under what circumstances these licensed activities will be allowed.
Such specificity is useful to all parties interested in these activities, including elected and appointed officials, City staff and the general public.
The preceding findings demonstrate that the proposed amendments are consistent with the criteria of Section 5 of the Springfield Development Code, the Metro Plan, applicable statewide
planning goals, and applicable administrative rules. Staff recommends the Planning
Commission forward a motion to the City Council recommending adoption of these Code amendments.
Attachment 2, Page 21 of 22
Exhibit A-1
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Oregon Retailers of Cannabis Association
www.oregoncannabisretailers.com
541-632-4442
March 1st, 2016
To: The Members of the Planning Commission, the Mayor,
and Members of the City Council for the city of Springfield, OR
Re: Proposed Code Amendments for the City of Springfield
regarding regulations on new and existing cannabis businesses
My name is Casey Houlihan and I am the Executive Director of the Oregon Retailers of Cannabis Association
(ORCA). The Oregon Retailers of Cannabis Association is a nonprofit trade association of retail cannabis
businesses located all across the state of Oregon. We are committed to helping to craft sensible retail cannabis
policy at the state and municipal level that prioritizes public safety, while allowing this new industry to thrive.
This testimony has been developed based on feedback from and conversations with our member-businesses in the
City of Springfield, and it is consistent with our statewide policy goals for a fair retail business environment.
We are largely supportive of the Proposed Code Amendments submitted and recommended by the city’s Planning
Commission. The proposed changes address many of the key concerns of most of our members, chief among them
their ability to continue operating their businesses without fear of being displaced, or fear of moneyed out-of-state
interests opening up stores on every corner and tripling the number of retail stores located in Springfield overnight.
As you know, the Oregon Legislature and the OLCC failed to include the 1000ft buffer between adult-use retail
facilities that has been in effect for years for existing OHA dispensaries. This would attract large-scale retail
operations from other states, as they could open a new store almost anywhere, regardless of where existing facilities
are located. The result is local businesses are forced out, and profits are leaving the community rather than staying.
The proposed code amendments to extend this 1000ft buffer zone to apply to areas between any retail businesses
adequately addresses this concern, and we appreciate the city’s willingness to address this problem proactively.
The most important piece of the proposed changes that we support is the portion that grants non-conforming use
status to existing businesses currently operating within the scope of the law. Several of our members in the city of
Springfield would not be able to open a new retail business at their current location based on some of the allowable
zoning criteria outlined in the proposed code amendments – we have a retailer within 50ft of residential zoning, a
retailer in a mixed-use zoning, and a retailer in the Glenwood district, all of whom would otherwise be denied.
Our members feel that the restrictions on new retail facilities are reasonable for preserving the character of our
community, while leaving room for our industry to continue it’s growth. We support these proposed changes, so
long as it’s certain that the businesses that are currently operating and licensed by the OHA may continue operating.
It is also crucial that these businesses be allowed to continue operating in the event that a school, park, or other
building that would impact the ability to license a cannabis business moves within their area. This is consistent
with grandfathering guidelines established by the Oregon legislature in HB3400 during last year’s session.
Attachment 4, Page 1 of 2
Oregon Retailers of Cannabis Association
www.oregoncannabisretailers.com
541-632-4442
Another piece of the proposed changes that we supported was the prohibition on delivery sales of cannabis by
businesses that are not licensed to operate in the city of Springfield. Many of our members expressed concerns
about a ‘race-to-the-bottom’ with larger businesses in Eugene who could afford to continually undercut others.
Some of the policy recommendations that we feel the city would stand to benefit by adopting include:
¥ Collocation of other businesses – The proposed code amendments would prohibit collocating cannabis
businesses at the same address. We feel that the city should amend this language to allow for businesses to
be licensed at the same address so long as there are adequate separations in place. This is consistent with
what is allowed by the OLCC – a grow site, for instance, could also be used for extraction so long as they
are separated properly and in accordance with public safety standards for each type of use.
¥ Off-site Waste Removal – One portion of the proposed code amendment seems onerous for retail
businesses in that they are required to dispose of trash containing marijuana off-site. To our knowledge, no
retailers in Oregon have experienced any problems with folks obtaining marijuana by sifting through the
trash outside of dispensaries. We recognize the city’s desire to ensure public safety here, but we would
instead urge the city to instead require that businesses make the product ‘unusable’ prior to disposing of it
[mixing with coffee grounds, etc], similar to the proper disposal of prescription medications. We feel that
this accomplished the same public safety goal, but without the added cost to local businesses.
¥ Clarity on Production and Processing Guidelines – It wasn’t clear to our members whether the
grandfathering provision for existing businesses would apply to current OHA grow sites or processors in
areas that do not conform to the proposed set of zoning standards for cannabis production. If the proposed
code amendments do not extend this protection to growers, processors, and wholesalers, this could apply
artificial constraints on the supply of available business space, which could undermine the industry.
We propose that the city loosen some of the language surrounding allowable zoning types for production,
processing, and wholesaling to include more commercial and industrial zoning types such that the list more
closely resembles the broader range of allowable zoning types in the OLCC’s guidelines. To our
knowledge, other communities haven’t experienced problems or nuisances from production facilities –
often indistinguishable on the exterior from other commercial or industrial uses – near schools or parks.
If these concerns were addressed adequately, then we can say that we strongly support the full set of proposed code
amendments as written and urge their passage and adoption. Otherwise, we feel that the framework submitted by
the Planning Commission is sound and solves most of the urgent problems facing the local cannabis industry.
We want to thank you very much for the opportunity to provide input on these proposed changes, and we look
forward to speaking with you about them further in the near future. Please don’t hesitate to reach out to us for more
information about our policy recommendations, or any issues where we may be helpful as they arise in the future.
Respectfully,
Casey Houlihan
Executive Director
Oregon Retailers of Cannabis Association
541-632-4442,
casey@oregoncannabisretailers.com
www.oregoncannabisretailers.com
Attachment 4, Page 2 of 2
Ordinance No. _________________________________
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTION 3.2-310 AND 3.2-410 ADDING
VARIOUS RECREATONAL MARIJUANA BUSINESSES TO SPECIFIC COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS; SECTION 4.7-177 ADDING DEVELOPMENT STANDARDS APPLICABLE TO RECREATIONAL MARIJUANA
BUSINESSES; AND SECTIONS 3.2-210, 3.2-415, 3.2-610, AND 3.4-255 PROHIBITING RECREATIONAL MARIJUANA
BUSINESSES; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Springfield finds that:
WHEREAS, on November 9, 2015, the Springfield City Council directed the Springfield Planning
Commission to undertake a review of recently enacted state law and administrative rules regulating the
production, processing, wholesale and retail sales of recreational marijuana, and upon the conclusion of this
review, prepare recommended amendments to the Springfield Development Code (SDC) and conduct an initial
public hearing of these proposed amendments in preparation of City Council consideration of these proposals;
and
WHEREAS, the Planning Commission held work sessions on December 15, 2015; December 22, 2015;
and January 20, 2016; and,
WHEREAS, notice of the proposed SDC amendments was provided to the Department of Land
Conservation and Development (DLCD) on February 12, 2016; and,
WHEREAS, published notice of the Planning Commission and City Council public hearings for the
proposed Development Code text amendments appeared in the Register Guard Newspaper on February 16,
2016; and,
WHEREAS, additional notice to known existing marijuana business owners and affected parties having
participated in previous City sanctioned activities on these proposed text amendments was provided on
February 19, 2016; and,
WHEREAS, these proposed amendments to the Springfield Development Code are intended to provide
regulatory control of the production, processing, wholesaling and retailing of recreational marijuana as these
uses and activities are undertaken in compliance with the rules of the Oregon Liquor Control Commission as
promulgated in Oregon Administrative Rule 845, Division 25 and in Chapter 1, Oregon Laws 2015, and medical
marijuana as these uses and activities are undertaken in compliance with the rules of the Oregon Health
Authority as promulgated in Oregon Administrative Rule 333, Division 8 and in Chapter 614, Oregon Laws 2015;
and,
WHEREAS, Section 5.6-100 of the SDC sets forth procedures for the amendment of the Springfield
Development Code; and
WHEREAS, the Springfield Planning Commission conducted a public hearing concerning the proposed
amendments to SDC Sections 3.2-210, 3.2-310, 3.2-410, 3.2-415, 3.2-610, 3.4-255 and 4.7-177 on March 1, 2016
and recommended approval of the proposed SDC amendments to the Springfield City Council. The Planning
Commission recommendation to the Council is based upon the findings set forth in the Staff Report and on the
evidence and testimony in the record; and,
WHEREAS, the City Council conducted a first reading and public hearing concerning the proposed
amendments to SDC Sections 3.2-210, 3.2-310, 3.2-410, 3.2-415, 3.2-610, 3.4-255 and 4.7-177 on March 21,
2016; and
Attachment 5, Page 1 of 8
WHEREAS, on April 4, 2016, the City Council conducted a second reading of the ordinance and is now
ready to take action on this application based upon findings in support of adoption of these SDC amendments as
set forth in the aforementioned Staff Report incorporated herein by as Exhibit A and the evidence and
testimony already in the record as well as the evidence and testimony presented at this public hearing held in
the matter of adopting this Ordinance.
WHEREAS, these regulations are adopted through the City of Springfield’s broad home rule authority
under the Chapter II of Springfield City Charter which provides the following:
Section 4. Powers of the City. The City has all powers that the constitutions, statutes and common law
of the United States and of the State of Oregon now or hereafter expressly or impliedly granted or
allowed the City, as fully as though this Charter specifically enumerated each of those powers.
Section 5. Construction of Powers. In this Charter no specification of power is exclusive or restricts
authority that the City would have if the power were not specified. The Charter shall be liberally
construed, so that the City may exercise as fully as possible all powers possible for it under this Charter
and under United States and Oregon law. A power of the City continues unless the grant of the power
clearly indicates the contrary.
NOW, THEREFORE, based on the foregoing recitals, the City Council of the City of Springfield does ordain
as follows:
Section 1. Springfield Development Code Sections 3.2-210, 3.2-310, 3.2-410, 3.2-415, 3.2-610, 3.4-255 and 4.7-
177 are amended to read as follows:
3.2-300 Commercial Zoning Districts
3.2-310 Schedule of Use Categories
Commercial Districts
Categories/Uses NC CC MRC GO
Marijuana Business (Section 4.7-177)
Marijuana Retail Outlet (Recreational or Medical) N S* S* N
Section 3.2-400 Industrial Zoning Districts
3.2-410 Schedule of Use Categories
Industrial Districts
Use Categories/Uses LMI HI SHI
Marijuana Business (Special Use Standards Section 4.7-177)
Production Facilities
Indoor/Outdoor, Tier I-II Canopy Regulations-
N S* S*
Attachment 5, Page 2 of 8
Industrial Districts
Use Categories/Uses LMI HI SHI
Processing Facilities
S* S* N
Wholesale Facilities
S* S* N
Marijuana Retail Outlets or Sales, as a primary or secondary use. N N N
3.2-415 Schedule of Campus Industrial Use Categories
Prohibited Uses
Marijuana Business N
3.4-200 Glenwood Riverfront Mixed-Use Plan District
3.4-255 Prohibited Uses
Marijuana Business.
Section 3.2-600 Mixed Use Zoning Districts
3.2-610 Schedule of Use Categories
Districts
Categories/Uses MUC MUE MUR
Marijuana Business
Production, Processing, Wholesaling, Retail N N N
Section 3.2-200 Residential Zoning Districts
3.2-210 Schedule of Use Categories
Districts
Categories/Uses LDR SLR MDR HDR
Marijuana Business (4.7-177)
Production, Processing, Wholesaling, Retail N N N N
Section 4.7-177 Marijuana Uses
A. Marijuana Retail Outlets shall be:
Attachment 5, Page 3 of 8
1. Licensed or registered and operated in accordance with Oregon Revised Statutes and applicable
Oregon Administrative Rules.
2. Licensed and regulated as specified in Chapter 7 of the Springfield Municipal Code;
3. Fully contained in a permanent building in the Community Commercial or Major Retail
Commercial Zoning Districts.
4. Prohibited in any district except CC and MRC.
B. Where permitted by this Code, Marijuana Retail Outlets shall not be located:
1. At the same address as another licensed or registered marijuana business;
2. Within 1,000 feet of the real property comprising a public or private elementary, secondary or
career school attended primarily by minors (“within 1,000 feet” means a straight line
measurement in a radius extending for 1,000 feet or less in every direction from any point on
the boundary line of the real property comprising an existing public or private elementary,
secondary or career school primarily attended by minors);
3. Within 1,000 feet of another l Marijuana Retail Outlet (“within 1,000 feet” means a straight line
measurement in a radius extending for 1,000 feet or less in every direction from any point on
the boundary line of the real property compromising a retail outlet);
4. Within 500 feet of parks where minors congregate (“within 500 feet” means a straight line
measurement in a radius extending for 500 feet or less in every direction from any point on the
boundary line of the real property compromising a l Marijuana Retail Outlet).
5. Within 50 feet of any residential zoning district (“within 50 feet” means a straight line
measurement in a radius extending for 50 feet, including public right-of-way, in every direction
from any point of the property containing a Marijuana Retail Outlet
C. Additional Marijuana Retail Outlet Regulations. A Marijuana Retail Outlet shall:
1. Not have a drive-up window;
2. Not operate from any temporary facility in any zone.
3. Provide for secure storage of exterior refuse containers.
4. Not include outdoor storage of merchandise, raw materials, or any other material associated
with retail sales.
5. Preclude any use of products on site unless expressly exempted by state statute.
6. Not be allowed as a home occupation in any zone.
D. Industrial Uses
Indoor Production Outdoor Production
Tier 1- Up to 5,000 square feet Tier 1- up to 20,000 square feet
Tier II- 5001-10,000 square feet Tier II- 20,001-40,000 square feet
Attachment 5, Page 4 of 8
Production Facilities
1. Indoor Production Facilities licensed by the State of Oregon as a Tier 1 operation shall be located
within a permanent structure on a lot no smaller than 1 acre in size, shall not be located within
500 feet of any zoning district allowing residential use, and shall provide a controlled exhaust
system with filters designed to significantly reduce or eliminate odors at the property line.
2. Indoor Production Facilities licensed by the State of Oregon as a Tier II operation shall be located
within a permanent structure on a lot no smaller than 5 acres in size, shall not be located within
1000 feet of any zoning district allowing residential use, and shall provide a controlled exhaust
system with filters designed to significantly reduce or eliminate odors at the property line.
3. Outdoor Production Facilities licensed by the State of Oregon as a Tier I operation shall be
located on a lot no smaller than 5 acres in size, shall not be located within 1000 feet of any
zoning district allowing residential use, and shall be screened or secured in accordance with
state statutes and this code for outdoor storage. Any structure on site used for production
purposes shall provide a controlled exhaust system with filters designed to significantly reduce
or eliminate odors at the property line.
4. Outdoor Production Facilities licensed by the State of Oregon as a Tier II operation shall be
located on a lot no smaller than 10 acres in size, shall not be located within 1000 feet of any
zoning district allowing residential use and shall be screened or secured in accordance with state
statutes and this code for outdoor storage. Any structure on site used for production purposes
shall provide a controlled exhaust system with filters designed to significantly reduce or
eliminate odors at the property line.
Processing Facilities
1. Processing Facilities performing testing, including marijuana testing laboratories, processing, or
manufacture of edibles or concentrates shall be located within LMI or HI Districts and be
completely enclosed within a permanent structure provide with a controlled exhaust system
with filters designed to significantly reduce or eliminate odors at the property line.
2. Processing Facilities processing cannabinoid extracts shall be located within HI Districts, shall be
located 500 feet from any district allowing residential use and be completely enclosed within a
permanent structure provide with a controlled exhaust system with filters designed to
significantly reduce or eliminate odors at the property line and shall be subject to Type II Site
Plan Review.
3. Licensed or registered and operated in accordance with Oregon Revised Statutes and applicable
Oregon Administrative Rules.
4. Licensed and regulated as specified in Chapter 7 of the Springfield Municipal Code;
5. Located on and take access from an arterial or collector street; and
Wholesale Facilities
1. Licensed or registered and operated in accordance with Oregon Revised Statutes and applicable
Oregon Administrative Rules.
Attachment 5, Page 5 of 8
2. Licensed and regulated as specified in Chapter 7 of the Springfield Municipal Code.
3. Located on and take access from an arterial or collector street.
4. Within 50 feet of any residential zoning district (“within 50 feet” means a straight line
measurement in a radius extending for 50 feet, including public right-of-way, in every direction
from any point of the property containing a Marijuana Retail Outlet.
5. No retail sales shall be permitted from any wholesale marijuana distribution facility.
6. No outdoor storage of any marijuana items shall occur at a wholesale marijuana distribution
facility.
E. The siting of a future school, daycare or park use that affects a licensed marijuana business existing at
the time of the siting, shall not make the existing marijuana business in violation of the locational
standards specified in this Code, nor shall it be grounds to refuse to renew a license.
F. In the event that a licensed or registered marijuana business is existing on [INSERT EFFECTIVE DATE OF
ORDINANCE HERE], that existing use is allowed to continue as approved. In the event a marijuana
business is unoccupied, discontinued or unlicensed for 6 months or more after the above date, it shall
be subject to the non-conforming use standards of Section 5.8-100 of this code.
G. Planning Review.
1. When the proposed marijuana business is a change of use in an existing building, Minimum
Development Standards (MDS) as specified in Section 5.15-100 will apply.
2. When the proposed marijuana business is to be located in a new building, Site Plan Review
standards as specified in Section 5.17-100 will apply.
3. MDS or Site Plan Review approval by the Director will require, in addition to any other
conditions of approval, a copy of the state license or registration and a copy of the City of
Springfield marijuana business license pursuant to Chapter 7 of the Springfield Municipal Code.
These documents shall be required prior to occupancy.
4. All marijuana businesses allowed under this code shall occur on properties inside city limits.
Section 6.1-110 Meaning of Specific Words and Terms
Cannabinoid means any of the chemical compounds that are the active constituents of marijuana.
Cannabinoid concentrate means a substance obtained by separating cannabinoids from marijuana by:
(a) A mechanical extraction process; or
(b) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable
glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.
Cannabinoid edible means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract
or dried marijuana leaves or flowers have been incorporated.
Attachment 5, Page 6 of 8
Cannabinoid extract means a substance obtained by separating cannabinoids from marijuana by:
(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;
(b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses
heat or pressure; or
(c) Any other process identified by the commission, in consultation with the authority, by rule.
Cannabinoid product means a cannabinoid edible and any other product intended for human consumption or
use, including a product intended to be applied to the skin or hair that contains cannabinoids or dried
marijuana leaves or flowers.
Cultivation or cultivate means: all phases of growth of marijuana from seed to harvest.
Marijuana means the plant Cannabis family Cannabaceae, any part of the plant of the Cannabis family
Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. “Marijuana” does not include industrial
hemp, as defined in ORS 571.300.
Marijuana business means any person or entity appropriately licensed by the Oregon Health Authority or the
Oregon Liquor Control Commission that sells, produces, cultivates, grows, wholesales, processes, researches,
develops or tests medical marijuana or recreational adult use marijuana within the City of Springfield.
Marijuana grow sites means a specific location registered by the Oregon Health Authority and used by the
grower to produce marijuana for medical use by a specific patient.
Marijuana items means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.
Marijuana processing means the preparing, compounding, testing or conversion of marijuana into
cannabinoid products, cannabinoid concentrates, and cannabinoid extracts for medical or recreational
purposes.
Marijuana production means the manufacture, planting, cultivation, growing, or harvesting of
marijuana as licensed by the Oregon Liquor Control Commission or Oregon Health Authority.
Marijuana retailer means a person or entity licensed by the Oregon Liquor Control Commission or Oregon
Health Authority to sell marijuana items to a consumer in this state.
Marijuana Retail Outlet means a business location that sells marijuana items to a consumer or patient.
Marijuana testing laboratory means a laboratory that tests marijuana items for producer, processor,
wholesaler or retail outlets.
Marijuana wholesaler means a person or entity that purchases marijuana items in this state for resale to a
person other than a consumer.
Medical marijuana dispensary means a medical marijuana facility or entity registered with the Oregon
Health Authority under ORS 475.300.
Recreational marijuana means any marijuana intended for recreational use which meets all requirements for
recreational marijuana contained in this chapter, Oregon state law, and any other applicable law.
School means a building where individuals gather to receive educational instruction, either public or
private, except as otherwise specifically defined in this code. School does not include a child care facility
as defined in this Chapter.
Attachment 5, Page 7 of 8
Section 2: Severability Clause. 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 individual provision and such holding shall not affect the
validity of the remaining portions of this Ordinance.
ADOPTED by the Common Council of the City of Springfield by a vote of ______ for and ______ against,
this ______ day of ____________, 2016
APPROVED by the Mayor of the City of Springfield this ________ day of ____________________, 2016.
ATTEST:
__________________________________
Mayor
__________________________________
City Recorder
Attachment 5, Page 8 of 8