Jacob Redmond
Well-Known Member
Medical marijuana dispensary regulations are one step closer to being signed into law after the Newberg Planning Commission at a legislative hearing March 12 approved recommendations that will be sent to City Council.
The commission recommends approval of a proposal to amend the Newberg Development Code adding medical marijuana dispensaries as approved uses in commercial districts, prohibiting them in other districts, creating buffer zones around both schools and parks in which dispensaries would not be allowed and establishing set operating hours.
"Medical marijuana has been legal for some time in this state, but dispensaries are relatively new," said Associate Planner Steve Olson. State law mandates the buffer zones around schools and the buffer zones around other dispensaries, but also gives local governments the ability to impose additional regulations.
Under the recommended code amendment dispensaries would be considered a retail commercial use and would be allowed in C-2 and C-3 zones, the major commercial zones within the city that cover most of the property along Highway 99W. While allowed by state law the city would not permit dispensaries in industrial and other commercial zones, such as neighborhood commercial zones generally utilized by convenience stores.
Under the code amendment dispensaries would be banned from operating within 1,000 feet of schools, as required by state law, but would also be prohibited within 1,000 feet of parks. Commissioners discussed the reasoning behind the parks restriction.
"I question the need for the 1,000-foot buffer around the parks," said Commissioner Jason Dale, explaining that the buffer zone around parks excludes most of the downtown area. Most of the C-2 zone and about half of the C-3 zone would be untouched by buffer zones without the parks restriction. With the restriction a majority of the downtown area, which is covered by the C-3 zone, would not permit dispensaries.
Olson added that elimination of the park buffer zone would still mean the Newberg Public Library and the Chehalem Cultural Center would be covered by the buffer zone around the Chehalem Valley Dance Academy, which the code amendment considers a career school.
"I'm not convinced that having the buffer zone around the parks is very important, but on the other hand I'm not convinced it's a bad thing," Commissioner Phil Smith said. "If we were to use a buffer around parks as a way to somehow connive to exclude dispensaries that would be unfair, but we're not."
The commission decided to keep the park buffer zone language in the recommended amendment.
Hours of operation for dispensaries would also be limited to 9 a.m. to 8 p.m. The staff report explained that other cities have adopted similar time restrictions, citing its potential as a crime deterrent.
Doug Heuer, a citizen who has filed a lawsuit questioning the city of Newberg's authority to impose taxes on marijuana, also weighed in on the proposed buffer zones during public testimony, explaining that the buffer zones would unfairly single out marijuana while still allowing alcohol, tobacco and caffeine to be sold within areas surrounding schools and parks.
"If you're really concerned about children, this safety zone should be considered of all these various aspects of drugs rather than just marijuana," Heuer said. "I find that actually discriminatory, just like when they passed the Jim Crow laws: they didn't want certain types of people in certain locations and I think that's what this is doing."
Commissioners unanimously approved the resolution sending the development code amendment to the City Council for consideration, without making any changes from the staff report.
The code amendment relates only to medical marijuana dispensaries and has no bearing on regulations around recreational marijuana, which will be the subject of future consideration.
Last April councilors imposed a moratorium on the operation of medical marijuana dispensaries within the city limits, a move allowed by Senate Bill 1531 which was passed earlier in 2014. Newberg and Dundee were among numerous cities statewide that chose to adopt the moratorium set to expire May 1.
The recommendation by the planning commission will now be sent to City Council, where a final decision will be made on dispensary regulations.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Dispensaries issue headed to the City Council
Author: Colin Staub
Contact: EmailMe Form - Letter to the Editor
Photo Credit: Nic Adenau
Website: Pamplin Media Group
The commission recommends approval of a proposal to amend the Newberg Development Code adding medical marijuana dispensaries as approved uses in commercial districts, prohibiting them in other districts, creating buffer zones around both schools and parks in which dispensaries would not be allowed and establishing set operating hours.
"Medical marijuana has been legal for some time in this state, but dispensaries are relatively new," said Associate Planner Steve Olson. State law mandates the buffer zones around schools and the buffer zones around other dispensaries, but also gives local governments the ability to impose additional regulations.
Under the recommended code amendment dispensaries would be considered a retail commercial use and would be allowed in C-2 and C-3 zones, the major commercial zones within the city that cover most of the property along Highway 99W. While allowed by state law the city would not permit dispensaries in industrial and other commercial zones, such as neighborhood commercial zones generally utilized by convenience stores.
Under the code amendment dispensaries would be banned from operating within 1,000 feet of schools, as required by state law, but would also be prohibited within 1,000 feet of parks. Commissioners discussed the reasoning behind the parks restriction.
"I question the need for the 1,000-foot buffer around the parks," said Commissioner Jason Dale, explaining that the buffer zone around parks excludes most of the downtown area. Most of the C-2 zone and about half of the C-3 zone would be untouched by buffer zones without the parks restriction. With the restriction a majority of the downtown area, which is covered by the C-3 zone, would not permit dispensaries.
Olson added that elimination of the park buffer zone would still mean the Newberg Public Library and the Chehalem Cultural Center would be covered by the buffer zone around the Chehalem Valley Dance Academy, which the code amendment considers a career school.
"I'm not convinced that having the buffer zone around the parks is very important, but on the other hand I'm not convinced it's a bad thing," Commissioner Phil Smith said. "If we were to use a buffer around parks as a way to somehow connive to exclude dispensaries that would be unfair, but we're not."
The commission decided to keep the park buffer zone language in the recommended amendment.
Hours of operation for dispensaries would also be limited to 9 a.m. to 8 p.m. The staff report explained that other cities have adopted similar time restrictions, citing its potential as a crime deterrent.
Doug Heuer, a citizen who has filed a lawsuit questioning the city of Newberg's authority to impose taxes on marijuana, also weighed in on the proposed buffer zones during public testimony, explaining that the buffer zones would unfairly single out marijuana while still allowing alcohol, tobacco and caffeine to be sold within areas surrounding schools and parks.
"If you're really concerned about children, this safety zone should be considered of all these various aspects of drugs rather than just marijuana," Heuer said. "I find that actually discriminatory, just like when they passed the Jim Crow laws: they didn't want certain types of people in certain locations and I think that's what this is doing."
Commissioners unanimously approved the resolution sending the development code amendment to the City Council for consideration, without making any changes from the staff report.
The code amendment relates only to medical marijuana dispensaries and has no bearing on regulations around recreational marijuana, which will be the subject of future consideration.
Last April councilors imposed a moratorium on the operation of medical marijuana dispensaries within the city limits, a move allowed by Senate Bill 1531 which was passed earlier in 2014. Newberg and Dundee were among numerous cities statewide that chose to adopt the moratorium set to expire May 1.
The recommendation by the planning commission will now be sent to City Council, where a final decision will be made on dispensary regulations.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Dispensaries issue headed to the City Council
Author: Colin Staub
Contact: EmailMe Form - Letter to the Editor
Photo Credit: Nic Adenau
Website: Pamplin Media Group
