Date: Jurisdiction: Local file no.: DLCD file no.: March 20, 2015 City of Creswell None 001-15 The Department of Land Conservation and Development (DLCD) received the attached notice of adopted amendment to a comprehensive plan or land use regulation on 03/16/2015. A copy of the adopted amendment is available for review at the DLCD office in Salem and the local government office. Notice of the proposed amendment was submitted to DLCD less than 35 days prior to the first evidentiary hearing. Appeal Procedures Eligibility to appeal this amendment is governed by ORS 197.612, ORS 197.620, and ORS 197.830. Under ORS 197.830(9), a notice of intent to appeal a land use decision to LUBA must be filed no later than 21 days after the date the decision sought to be reviewed became final. If you have questions about the date the decision became final, please contact the jurisdiction that adopted the amendment. A notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR chapter 661, division 10). If the amendment is not appealed, it will be deemed acknowledged as set forth in ORS 197.625(1)(a). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. If you have questions about this notice, please contact DLCD’s Plan Amendment Specialist at 503- 934-0017 or plan.amendments@state.or.us DLCD Contact NOTICE OF ADOPTED CHANGE TO A COMPREHENSIVE PLAN OR LAND USE REGULATION D In person D electroni~ D mailed !2 DLCD DE TO Notice of Adoption M 1 t 2015 This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 For Office Use OnJ)_' ___ __. Jurisdiction: City of Creswell Local file number: PA-2015-01 Date of Adoption: 9 March 2015 Qate Mailed: 12 March 2015 (f -M.ql~f~) Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ~Yes D No Date: 1/16/2015 D Comprehensive Plan Text Amendment D Comprehensive Plan Map Amendment ~ Land Use Regulation Amendment D Zoning Map Amendment D New Land Use Regulation D Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Medical marijuana facilities (retail and industrial) were added by way of Legislative Amendment to Chapter 18 of Creswell's Municipal Code. This amendment includes definition of, conditionally-allowed zones (including exclusion zones), design standards, and land use planning process for such facilities. Does the Adoption differ from proposal? Please select one The adopted text evolved significantly through the public hearing process. Decision-makers included specificity in developing standards for medical marijuana facilities based on public input, available building stock, sensitivity of the issue (medical marijuana facilities near places where minors congregate), and the desire to reduce negative externalities to neighboring uses. Plan Map Changed from: N/A Zone Map Changed from: N/A to: to: Location. General Industrial , Commercial Industrial , and Commercial zones Acres Involved: · (excluding Downton Commerical and Resort Commercial Overlay zones). Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~~DDDDDD~DDDDDDDDDD Was an Exception Adopted? D YES 0 NO Did DLCD receive a Notice of Proposed Amendment. .. 35-days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? DLCD file No.---------- [ZJ Yes DYes DYes DNo DNo DNo Please list all affected State or Federal Agencies, Local Governments or Special Districts: Phone: (541 )895-2531 Extension: Local Contact: Madeline Phillips Address: PO Box 276 ( 13 S. 1st Street) Fax Number: 541 -895 3647 City: Creswell Zip: 97426 E-mail Address: mphillips@creswell-or.us ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below .. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD ofthe adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2- Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 81!2 -l/2x11 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.amendments@state.or.us. http://www.oregon.gov/LCD/forms.shtml Updated December 30, 2011 Exhibit A CRESWEll CITY COUNCIL FINAL ORDER/FINDINGS OF FACT AND DECISION ORDINANCE 486 CRESWELL DEVELOPMENT CODE AMENDMENT FOR MEDICAL MARIJUANA FACILITIES (PA-2015-01) Hearing Date: Decision Date: Findings Adopted: February 26, 2015 March 9, 2015 March 9, 2015 I. PROCEDURAL HISTORY 4.1.500 Type IV Procedure (Legislative) c. Application Requirements 2. Submittal Information. For initial staff review, a total of five {5) copies of the application shall be submitted. An additional twelve {12} copies shall be submitted after the City Administrator has deemed the application complete, and additional copies may be required after the Planning Commission has completed its review and has forwarded a recommendation to City Council. All Type IV applications shall: a. Include the information requested on the application form; b. Contain plans, exhibits, studies, and/or other information, as required by the City Administrator, to assist the City in addressing the applicable criteria and standards in sufficient detail for review and decision; c. Be accompanied by the required, non-refundable fee and deposit if applicable; and d. Contain a letter, narrative statement and/or supplemental form that explains how the application satisfies each and all of the relevant approval criteria and standards. FINDING: The applicant has provided all information necessary for this body to process a Legislative Amendment, including the required exhibits, to sufficiently review and decide on proposed amendments to Chapter 18 of the Creswell Municipal Code. These findings of fact provide explanation as to how the proposed amendment satisfies each and all relevant approval criteria and standards. D. Notice of Hearing 1. Required hearings. A minimum of two hearings, one before the Planning Commission and one before the City Council~ are required for all Type IV applications (e.g., re-zonings and Comprehensive Plan amendments). A joint Planning Commission-City Council public hearing meets this requirement. Annexation petitions require a hearing by only the City Council. FINDING: Notice of Hearing criterion 1 above is met by Creswell Planning Commission heard comments regarding the proposed plan on February 19, 2015 allowing for public comment. Planning Commission will leave the record open to encourage and accept all public comment from the Creswell community. This notice parallels ORS 227.186. 2. Legislative notification requirements. Notice of legislative public hearings shall be given by the City Administrator in the following manner: a. At least 20 days~ but not more than 40 days, before the date of the first hearing on an ordinance that proposes to adopt or amend the Comprehensive Plan or any element thereot or to adopt or amend an ordinance that proposes to rezone property, a notice shall be prepared and mailed to: Page 1 of7 f)(hibit A (1} Each owner whose property would be rezoned in order to implement the ordinance (including owners of property subject to a Comprehensive Plan amendment shoJI be notified if a zone change would be required to implement the proposed Comprehensive Plan amendment); {2} Any affected governmental agency; (3} Any person who requests notice in writing; {4} For a zone change affecting a manufactured home or mobile home parkJ all mailing addresses within the park, in accordance with ORS 227.175. {5) Owners of airports shall be notified of a proposed zone change in accordance with ORS 227.175. FINDING: The application satisfies these requirements and the requirements of Ballot Measure 56, as the following have been completed: • Legal notice has been sent to all owners of real property within the City of Creswell zoned General Commercial, Commercial Industrial, or General Industrial (see Exhibit C); • No government agency property is affected by this zone change; • No person has requested a notice in writing {to date); • Legal notice has been sent to all mailing addresses within the affected mobile home parks; and • City of Creswell, the applicant, is the owner of the airport b. At least 10 days before the scheduled Planning Commission and City Council hearing date(s), public notice shall be published in a newspaper of general circulation in the City. FINDING: City of Creswell Staff included notice of the Planning Commission Public Hearing in The Creswell Chronicle on Thursday, February 12, 2015 and Thursday February 19, 2015. Additional content was provided to the Chronicle for a feature article which ran Thursday February 12, detailing the history of medical marijuana in Oregon and invited Creswell residents to engage on the topic of medical marijuana via all communication methods available. Further, additional legal notice was included in the Creswell Chronicle on Thursday, February 26, 2015 and in the Register-Guard on Saturday, February 28, 2015 {See Exhibit C). c. The City Administrator shall: (1} For each mailing of noticeJ file an affidavit of mailing in the record as provided by subsection a; and {2} For each published notice, file in the record the affidavit of publication in a newspaper that is required in subsection b. FINDING: The applicant satisfies this criterion by providing an affidavit of mailing on February 5, 2015 to all owners of real property zoned general commercial (GC), general industrial (GI), or commercial industrial (IC); and an affidavit of publication in the Creswell Chronicle and Register-Guard for the dates published. (see Exhibit C) d. Fo·r those actions that require Oregon Department of Land Conservation and Development (DLCD) notification, DLCD shall be notified in writing of proposed Comprehensive Plan and development code amendments at least 45 days before the first public hearing at which public testimony or new evidence will be received. The notice to DLCD shall include a DLCD Certificate of Mailing. Five working days after the final decision, the adopted text and findings shall be submitted to DLCD and those parties who participated in the proceedings or requested notice. See ORS 197.615 for specific statutory requirements. Page 2 of7 Exhibit A FINDING: City of Creswell Staff sent Form 1 and all associated materials to the Department of Land Conservation and Development via email on January 16, 2015 (see Exhibit C) e. When required by statute, Ballot Measure 56 notice shall be prepared in conformance with ORS 227.186. Notice to Property Owners of hearing on Certain Zone change: Form of Notice; Exception' Reimbursement of Cost. FINDING: Criterion 2(e) was satisfied by notification sent by the City of Creswell to all owners of real property zoned Commercial and Industria l within the City Limits on February 5, 2015. 3. Content of legislative notice. The mailed and published notices shall include the following information: a. The number and title of the file containing the application, and the address and telephone number of the City Administrator's office where additional information about the application can be obtained; b. The proposed site location; c. A description of the proposed site and the proposal in enough detail for people to determine what change is proposed, and the place where all relevant materials and information may be obtained or reviewed; d. The time(s), place(s}, and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the Council and available at City Hall {See Section 4.1.500.£); and e. Each mailed notice required by Section 4.1.500.0 shall contain the following statement: "Notice to mortgagee, lien holder, vendor, or seller: The City of Creswell Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." f. Notices for Ballot Measure 56 shall include ali of the following: (i). State across the top of the face page extending from the left to margin "this is to notify you that the City of Creswell has proposed a land use regulation that may affect the permissible uses of your property and other properties." (ii). State within the body of the notice the date of the public hearing, the proposed ordinance number and the following text: "the City of Creswell has determined that adoption of this ordinance may affect the permissible uses of your property and may change the value of your property." (iii). State the address and telephone number of the City Administrator's office where the proposed ordinance is available for inspection and can be obtained at a reasonable cost. FINDING: Criteria 3.(a} through (f) are satisfied by notification sent by the City of Creswell to all owners of real property zoned Commercial and Industrial within the City Limits on February 5, 2015. (see Exhibit C) E. Hearing Process and Procedure 1. Unless otherwise provided in the rules of procedure adopted by the City Council: a. The presiding officer of the Planning Commission and of the City Council shall have the authority to: {1} Regulate the course, sequence, and decorum of the hearing; {2} Direct procedural requirements or similar matters; and Page 3 of7 Exhibit A {3) Impose reasonable time limits for oral presentations. b. No person shall address the Commission or the Council without: {1) Receiving recognition from the presiding officer; and {2) Stating their full name and address. c. Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer. 2. Unless otherwise provided in the rules of procedures adopted by the Council, the presiding officer of the Commission and of the Council shall conduct the hearing as follows: a. The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision that will be made is a recommendation to the City Council or the final decision of the Council; b. The City Administrator's report and other applicable staff reports shall be presented; c. The public shall be invited to testify; d. The public hearing may be continued to allow additional testimony or it may be closed; and e. The hearing body's deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present. FINDING: The application was considered by Planning Commission under all Hearing Process and Procedural rules adopted by City Council, as described in Section 4.1.SOO(E). A. Continuation of the Public Hearing. The Planning Commission or the City Council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time. FINDING: (to be determined at Planning Commission Hearing, based on continuance or conclusion of public hearing) II. FINDINGS OF FACT The Creswell Planning Commission finds the following: B. Planning Commission met on December 16, 2014 and January 15, 2015 to brainstorm and discuss medical marijuana facility location concerns in Creswell. c. The applicant submitted an application to update the Creswell Development Code, to be adopted under Ordinance 486, to include definition and development code guidance for medical marijuana facilities within the City of Creswell. The Planning Commission met on February 26, 2015 to discuss the application for PA-2015-01. The Commission reviewed all material relevant to the application, including the following pieces of evidence: 1. Proposed Creswell Development Code amendments 2. Proposed Creswell Zoning Map amendments 3. Staff Report dated February 19, 2015 4. Written Submissions: Marianne Bohner email, Received 2./12/2015 5. Oral Testimony: See minutes of Planning Commission Public Hearing, February 26, 2015; City Council Public Hearing, March 9, 2015. D. The Planning Commission provided proper notice of the Type IV Legislative Land Use Decision according to Measure 56 requirements and Section 4.1.500(0) and 4.7.200 of the Creswell Development Code. Page 4 of 7 Exhibit A E. The Planning Commission followed the required procedures and standards as set forth in Section 4.1.500 of the Creswell Development Code. F. The application meets all of the following decision-making criteria: 4.7.100 1. Consistent with Statewide Planning Goals 2. Consistent with Comprehensive Plan and applicable adopted plans 3. Property and affected area is presently provided with adequate public facilities, services, and transportation network to support the use or are planned to be provided concurrently with development. Each relevant Creswell Development Code standard is listed in itaUcs, followed by a response. Amendments - Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the land use district map. These will be referred to as "map and text amendments." Amendments may be necessary from time to time to reflect changing community conditions, needs and desiresJ to correct mistakes, or to address changes in the law. FINDING: The application meets the stated purpose as a text amendment to the Creswell Municipal Code to reflect changes made to the Oregon Revised Statutes Section 475.314 identifying medical marijuana facilities in conjunction with the Oregon Health Authority's Oregon Medical Marijuana Program. 4. 7.200 Legislative Amendments Legislative amendments are policy decisions made by City Council. They are reviewed using the Type IV procedure in Section 4.1.500 and shall conform to the Transportation Planning Rule provisions in Section 4. 7.600, as applicable. FINDING: The applicant satisfies this criterion since the proposed amendment followed the proper procedures governing a Type IV Legislative Amendment procedure (as detailed, to follow) under Section 4.1.500; the proposal does not constitute any significant effect on any part or whole of the city of Creswell's transportation network, and therefore the Transportation Planning Rule does not apply to this legislative amendment. G. Decision-Making Criteria. The recommendation by the Planning Commission and the decision by the City Council shall be based on the following factors: 1. Approval of the request is consistent with the Statewide Planning Goals; FINDING: Proposed amendments satisfy Statewide Planning Goals, as follows: • Goall Public Involvement: The proposal is consistent with the notice and decision making procedures set forth in the Development Code which implement Goal 1 Public Involvement; • Goal 2 Land Use Planning: The proposal is consistent with Goal 2, Land Use Planning, Part I to 11establish a land use planning process and policy framework as a basis for all decisions and actions related to the use of land and ensure an adequate factual base for such decisions and actions" because the Development Code has established a review process and criteria for Legislative code changes and a factual base for decision is established in these findings of fact. • Goal 9 Economic Development: The proposal is consistent with Goal 9 Economy of the State, which calls for diversification and improvement of the economy because the proposed amendment to Creswell's Development Code identifies medical marijuana Page 5 of7 Exhibit A facilities as a conditionally-allowed use. By releasing the moratorium on such facilities and thereby allowing for the permitting of medical marijuana facilities, amendments to the development code provide opportunity for business diversification to exist harmoniously and lawfully with other land uses. The findings of fact for criterion two {to follow), consistency with Creswell's Comprehensive Plan, further articulate the proposal's compliance with Goal 9. 2. Approval of the request is consistent with the Comprehensive Plan and applicable adopted plans; and FINDING: The application satisfies this criterion in its consistency with the Creswell Comprehensive Land Use Plan as it speaks to economic development in its goals, and can be considered consistent with the proposal of development standards of a new industry, medical marijuana. The Creswell Comprehensive Land Use Plan states: 6. Encourage a range of retail and service commercial activities which adequately serve the local market area population ... FINDING: The proposed amendment would expand the defined use types for General Commercial, Commercial lndustriat and General Industrial zones, allowing for increased potential for retail commercial activities. As of January 2015, Oregon Health Authority noted 7,560 medical marijuana cardholders in Lane County, some of whom may live in Creswell or access services in Creswell. 11. Maintain a sound and continuing program of citizen involveme.nt and inter-governmental coordination in support of continuing city planning needs, plan adoption, implementation and future revision and/or updating. FINDING: The topic of medical marijuana was discussed by Planning Commission on December 16, 2014 and January 15, 2015 with available time at each meeting for public comment. Further, notice was sent to all owners of real property in the affected commercial and industrial zones stating clearly the channels through which concerned citizens might comment and/or participate via phone, in writing, or in person. The application was brought to Planning Commission for a public hearing on February 26, 2015. The application was brought to City Council on March 9, 2015 for public hearing as well. 7. Economic Policies (p.86): (c) The City shall encourage industrial diversification of a non-polluting variety (f) The City shall~ through industrial and commercial diversification, create jobs to employ the currently unemployed. FINDING: Inclusion of medical marijuana facilities, including industrial marijuana facilities, may be consistent with these stated economic policies (c) and (f) upon the location of a medical marijuana facility in an industrial or commercial area, as medical marijuana facilities may provide diversification of the economy, may create jobs, and with conditions placed on the facility's design and operation, may be substantially less polluting than other, heavier industrial uses. (q) The City strongly supports efforts to diversify and channel the local economy away from the declining wood products industry towards service, sales, and clerical jobs. FINDING: The application satisfies this policy requirement by presenting the opportunity for diversifying Creswell's local economy away from the wood products industry and into sales upon the location of a medical marijuana facility, which may result in jobs added to said local economy. 3. The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property. Page 6 of 7 Exhibit A FINDING: The proposed development amendment requires medical marijuana facilities proceed with a Type lit Land Use Review: Conditional Use Permit which can assure that each proposed facility, either commercial or industrial in nature, undergoes scrutiny by decision-makers to consider any and all impacts on public facilities and networks and takes steps to rectify and/or compensate for said anticipated impacts. II. SUMMARY AND CONCLUSIONS Based on the findings stated above, Ordinance 486 meets the requirements of the existing Creswell Development Code for approval. Ordinance 486 is consistent with all City ordinances, plans, and state and federal laws. Ill. DECISION IT IS HEREBY ORDERED that the Creswell Planning Commission recommends that the City Council approve Ordinance 486 (PA-2015-01) based on the information in the Staff Report and the Findings of Fact stated in this report. -~1 so. DA E DAVE STRAM CRESWELL MAYOR Page 7 of7 Exhibit B Land Use Amendments Chapter 18 of the Creswell Municipal Code City of Creswell code is amended to include the following red text. Chapter 1.3 - Definitions 1.3.300 Definitions Medical Marijuana. All parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as defined under ORS 4 7 5. 005. Medical Marijuana Facility. Any facility whose operation consists ofthe dispensing of marijuana or marijuana products registered by the Oregon Health Authority under ORS 475. 314. Medical Marijuana Facility, Industrial. Any facility whose operation consists of the cultivation, processing, production, and/or testing of marijuana products for commercial sale but that does not include the retail sale of medical marijuana products to the general public. 2.3.110 Commercial Districts- Allowed Land Uses Key: P = Permitted, subject to site/land use review S = Permitted with standards CU = Conditional Use permit required (Chapter 4.4) N = Not permitted Table 2.3.11 0 Land Uses Allowed in Commercial Districts (DC, GC) Use Categories Downtown Commercial (DC) Other Categories Buildings and Structures Exceeding the Height cu Limits in Table 2.3.120 Historic Building Modifications (Sec. 2.2.200.K) s I Mining N Medical Marijuana Facility N Radio Frequency Transmission Facilities, except those allowed as ancillary to a primary permitted cu use General Commercial (GC) cu s N cu cu Page 1 of5 [Reserve] Exhibit B Rail Lines and Utility Corridors, except those existing prior to effective date of Development cu cu Code are permitted. 2.4.110 Land Uses Allowed in the Industrial Districts Use Categories General Industrial Industrial (Examples of uses are in Chapter 1.4; definitions (GI) Commercial (IC) are in Chapter 1.3.) Buildings and Structures Exceeding the Height cu cu Lim its in Table 2.3.120 Medical Marijuana Facilities cu cu Medical Marijuana Facilitiesz Industrial cu cu Mining cu N Radio Frequency Transmission Facilities - within height limit of district p p - exceeds height limit (free-standing or cu cu building-mounted facilities) Chapter 2.9 - Resort Commercial (RIC) Overlay 2.9.250 Restricted Uses The following uses are not permitted in the Resort Commercial Overlay, subject to any additional requirements of the underlying Commercial zone: A. Medical marijuana facilities B. [reserved] Chapter 3.5 - Other Standards 3.5.200 Medical Marijuana Facilities A. Purpose. This Section establishes regulations for the siting of medical marijuana facilities as authorized by ORS 475.300. The purpose of this Section is to minimize adverse impacts on adjacent properties, schools, and other places where minors congregate, and other land uses potentially incompatible with such facilities. B. General Provisions. Page 2 of5 Exhibit B 1. Medical marijuana facilities may be conditionally allowed, subject to a Conditional Use Permit (Type III Review) in the following zones: a. General Commercial Zone (GC), b. Industrial Commercial (IC) Zone, and c. General Industrial (GI) Zone. 2. Medical marijuana facilities may not be located in the Resort Commercial overlay zone (/RC). 3. Application for a permit must include the information necessary for background checks of a criminal record of the any owner, manager, operator, employee, agent, or volunteer. a. Background checks shall be performed by the City' s public safety agency at the cost of the applicant. C. Standards for Medical Marijuana Facilities. 1. Use Categories. Medical marijuana facilities shall adhere to the requirements of Creswell Land Use Districts as described in Articles 2.3-2.4 based on intended use. a. Commercial. Medical marijuana facilities shall be considered a commercial use, and thus subject to design standards of Retail Sales and Service. b. Industrial. Industrial medical marijuana facilities shall be considered an industrial use, thus subject to standards of Manufacturing and Production facilities. 2. Location. Pursuant ORS 475.314 and this Code, a medical marijuana facility shall not be located: a. In any residentially-zoned area; b. At the same address as a registered marijuana grow, processing, or production site; c. Within 1000 feet of the real property comprising a: (1) Public or private elementary, secondary, or career school attended primarily by minors, or (2) State-registered daycare or preschool facility, or (3) Another medical marijuana facility or industrial medical marijuana facility. Distance shall be measured by a straight line measurement in a radius extending for the buffered distance in every direction from any point on the boundary line of the real property comprising of a buffered use to the nearest property line of real property used for medical marijuana facility use. Page 3 of5 Exhibit B 3. Conditions of Approval. Pursuant Article 4.4 of this Code, as well as Use Categories as described in Section 3.5.200(C)(l), medical marijuana facilities must satisfy the following criteria through a Type III (Quasi-judicial) review procedure: a. Time, Place, and Manner. Medical marijuana facilities shall adhere to the Creswell Municipal Code. 1) No individual under 21 shall enter a medical marijuana facility. 2) Facilities shall conduct business no earlier than 1 0:30am and no later than 8:30pm, Saturday through Sunday. 3) No on-site consumption of medical marijuana shall occur within 50 feet of the entrance of a medical marijuana facility, and 4) No free samples shall be dispensed. b. Design Standards. Pursuant Articles 3 and 4 of this Code, a medical marijuana facility shall adhere to all pertinent site design standards according to the primary function of the medical marijuana facility. (1) Medical marijuana facilities shall adhere to design standards for retail sales and service. (2) Industrial medical marijuana facilities shall adhere to design standards for industrial c. Additional Criteria. Medical marijuana facilities and Industrial medical marijuana facilities, in addition to Articles 3 and 4, shall: (1) Show proof of registration with the State of Oregon. 1. Medical marijuana facilities shall show compliance with ORS 475.314; n. Industrial medical marijuana facilities shall show compliance with ORS 475.304. (2) Locate in a permanent or fixed structure (may not be a mobile facility); (3) Not have a drive up, drive through, or walk through window; (4) Have a public entrance within ten (10) feet of the right-of-way that faces a public street and is clearly visible from the roadway for the purpose of allowing public view and public safety surveillance; (5) Have a well-lit entrance and parking area for the purpose of maintaining safe access by customers and employees; and ( 6) Provide adequate security system that does not include bars on windows to secure the facility while maintaining visual consistency with other Creswell businesses. d. Reducing impact to neighboring properties. Appropriate design and operational elements shall be included in the development of a marijuana Page 4 ofS Exhibit B facility to reduce the adverse impacts from noise, vibration, exhaust/emissions, smells, light, glare, erosion, odor, and/or dust. e. Signage. Signage shall adhere to the City of Creswell's Sign Code. Page 5 ofS 1.3 - Definitions Lot, double-frontage. See Lot, Through Lot. Lot area. The total surface area (measured horizontally) within the boundary lines of a lot. Lot coverage. The total area of a lot covered by the foundation plane, as allowed by the applicable land use district development standards. Does not include overhangs, eaves, decks, and similar projections beyond the foundation plane. Lot line adjustment. See Property Line Adjustment. M Main/Primary building entrance. A main entrance is the entrance to a building that most pedestrians are expected to use. Generally, each building has one main entrance. Main entrances are the widest entrance of those provided for use by pedestrians. In multi-tenant buildings, main entrances open directly into the building's lobby or principal interior ground level circulation space. When a multi-tenant building does not have a lobby or common interior circulation space, each tenant's outside entrance is a main entrance. In single-tenant buildings, main entrances open directly into lobby, reception, or sales areas. Major remodeling. Projects where the floor area is being increased by 50 percent or more, or where the cost of the remodeling is greater than the assessed value of the existing improvements on the site. Assessed value is the value shown on the applicable county assessment and taxation records for the current year. Manufactured home/dwelling. Includes residential trailer, mobile home, and manufactured home. See also, Residential Structure Types. Maneuvering area/aisle. The driving area in a parking lot where motor vehicles are able to turn around and access parking or loading spaces. Manufactured dwelling park. Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within an approved subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot. See also, ORS Chapter 446. Medical Marijuana. All parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as defined under ORS 4 7 5. 005. City of Creswell Development Code 1-37 1.3 - Definitions Medical Marijuana Facility. Any facility whose operation consists of the dispensing of marijuana or marijuana products registered by the Oregon Health Authority under ORS 475. 314. Medical Marijuana Facility, Industrial. Any facility whose operation consists of the cultivation, processing, production, and/or testing of marijuana products for commercial sale but that does not include the retail sale of medical marijuana products to the general public. Ministerial. A routine administrative action or decision that involves little or no discretion. The issuance of a building permit is generally such an action. See Chapter 4.1.200 (Type I Review). Mitigation. To avoid, rectify, repair, or compensate for negative impacts that result from other actions (e.g., improvements to a street may be required to mitigate for transportation impacts resulting from development.) Mixed-use. The combination on a site of residential uses with commercial (e.g., office, retail, or services), civic, or industrial uses. Mobile home park. Two or more mobile homes that are located on a single site for 30 days or more and intended for residential use. Mobile home park does not include sites where unoccupied mobile homes are offered for sale or lease. See also Recreational Vehicle Park. Mobile home space. The area occupied by a mobile home and its accessory uses and structures in a mobile home park. Motor home. See Recreational Vehicle, under Vehicle Types. Motor vehicle. See Vehicle Types. Multi-dwelling development or Multifamily housing. See Residential Structure Types. Multi-dwelling structure. See Residential Structure Types. Multi-use pathway. See Walkway and Bicycle facility. N Natural resource areas/natural resources. See Environment-Related Definitions. Natural hazard. Natural areas that can cause dangerous or difficult development situations. For example, natural hazard areas include steep slopes, unstable soils, and areas prone to landslides, floodways and flood plains. Neighborhood. A residential area usually having distinguishing character or geography. Neighborhood commercial. See Use Categories, Commercial. City of Creswell Development Code 1-38 2.3 - Commercial (C) Land Use Districts - Allowed Land Uses Table 2.3.11 0 - Land Uses Allowed in Commercial Districts ( DC, GC) Uses Status of Use in District Use Categories Downtown General (Examples of uses are in Chapter 1.4; definitions Commercial (DC) Commercial [Reserve] are in Chapter 1.3.) (GC) Daycare, adult or child day care; does not include Family Daycare (12 or fewer children) under ORS p p 657A.250 Parks and Open Space - pedestrian amenities p p - parks and recreation facilities p cu - other open space p p Religious Institutions and Houses of Worship, - lawfully existing as of [effective date] p p - new cu cu Schools - lawfully existing as of [effective date] p p - new cu cu Other Categories Accessory Structures (with a permitted use) p p Agriculture- Animals N N Agriculture- Nurseries and similar horticulture cu cu (See also, Wholesale and Retail Uses) Buildings and Structures Exceeding the Height cu cu Limits in Table 2.3.120 Historic Building Modifications (Sec. 2.2.200.K) s s Mining N N ,. I Medical Marijuana Facilit~ ~ cu Radio Frequency Transmission Facilities, except those allowed as ancillary to a primary permitted cu cu use Rail Lines and Utility Corridors, except those existing prior to effective date of Development cu cu Code are permitted. City of Creswell Development Code 2-49 2.4- Industrial (I) Land Use Districts- Permitted Uses Uses Status of Use in District Use Categories General Industrial Industrial (Examples of uses are in Chapter 1.4; definitions are in Chapter 1.3.) Parks and Open Space - pedestrian amenities - parks and recreation facilities - other open space Religious Institutions and Houses of Worship, - lawfully existing as of [effective date] - new ' Schools - lawfully existing as of [effective date] - new Other Categories4 Accessory Structures (with a permitted use) Agriculture - Animals, when - existing use as of [effective date] - accessory to a permitted industrial use - new use Agriculture - Nurseries and similar horticulture (See also, Wholesale and Retail Uses) Buildings and Structures Exceeding the Height Limits in Table 2.3.120 Medical Marijuana Facilities Medical Marijuana Facilities~ Industrial Mining Radio Frequency Transmission Facilities - within height limit of district - exceeds height limit (free-standing or building-mounted facilities) Key: P = Permitted, subject to site/land use review S = Permitted with standards CU = Conditional Use permit required (Chapter 4.4) N = Not permitted City of Creswell Development Code (GI} Commercial (IC} p p cu cu p p p p N cu p p N N p p p p p N N N p cu cu cu cu cu cu cu cu N p p cu cu 2-68 2.9- Resort Commercial (RIC) Overlay 2.9.250 Restricted Uses The following uses are not permitted in the Resort Commercial Overlay, subject to any additional requirements of the underlying Commercial zone: A. Medical marijuana dispensaries B. [reserved] 2.9.300 Height Restrictions The height of structures or objects in this overlay shall not exceed the maximum height prescribed by the underlying commercial zone. Because of the proximity of some portions of this overlay to the Airport Overlay, all persons involved in development within this overlay zone should check to assure compliance with the Airport Overlay requirements. 2.9.400 Master Planned Development Procedures Required Development within the Resort Commercial Overlay shall be subject to the provisions of Chapter 4.5, the Master Planned Development procedures. Specifically, no segment or phase of a development within the Resort Commercial Overlay shall be approved until a conceptual plan for the entire development has been approved by the Planning Commission, pursuant to the requirements of Chapter 4.5. Facilities and improvements proposed for a development must be shown to conform to Creswell Public Facilities Plan(s) and the Creswell Comprehensive Plan. The provisions of Chapter 4.5 shall be implemented by the Planning Commission within the guidelines set out in part 2.9.100 of this Section. City of Creswell Development Code 2-96 > I 3.5.1200- ReserveaMedical Marijuana Facilities [3.5.2()() Reserved] 3.5.200 Medical Marijuana Facilities A. Purpose. This Section establishes regulations for the siting of medical marijuana facilities as authorized by ORS 475.300. The purpose of this Section is to minimize adverse impacts on adjacent properties, schools, and other places where minors congregate, and other land uses potentially incompatible with such facilities. B. General Provisions. 1. Medical marijuana facilities may be conditionally allowed, subject to a Conditional Use Permit (Type III Review) in the following zones: a. General Commercial Zone (GC), b. Industrial Commercial (IC) Zone, and c. General Industrial (GI) Zone. 2. Medical marijuana facilities may not be located in the Resort Commercial overlay zone (IRC) . .f.:.3.Application for a permit must include the information necessary for background checks of a criminal record of the any owner, manager, operator, employee, agent, or volunteer. a. Background checks shall be performed by the City's public safety agency at the cost of the applicant. C. Standards for Marijuana Facilities. 1. Use Categories. Medical marijuana facilities shall adhere to the requirements of Creswell Land Use Districts as described in Articles 2.3-2.4 based on intended use. a. Commercial. Medical marijuana facilities shall be considered a commercial use, and thus subject to design standards of Retail Sales and Service. b. Industrial. Industrial Medical marijuana facilities shall be considered an industrial use, thus subject to standards of Manufacturing and Production facilities. 2. Location. Pursuant ORS 475.314 and this Code, a medical marijuana facility shall not be located: a. In any residentially-zoned area; b. At the same address as a registered marijuana grow, processing, or production site; c. Within 1000 feet of the real property comprising a: (1) Public or private elementary, secondary, or career school attended primarily by minors, or (2) State-registered daycare or preschool facility, or (3) Another medical marijuana facility or industrial medical marijuana facility. Distance shall be measured by a straight line measurement in a radius extending for the City of Creswell Development Code 3-78 3.5.!aOO - Reser'ledMedical Marijuana Facilities buffered distance in every direction from any point on the boundary line of the real property comprising of a buffered use to the nearest property line of real property used for medical marijuana facility use. 3. Conditions of Approval. Pursuant Article 4.4 of this Code, as well as Use Categories as described in Section 3.5.200(C)(l), medical marijuana facilities must satisfy the following criteria through a Type ill (Quasi-judicial) review procedure: a. Time, Place, and Manner. Medical marijuana facilities shall adhere to the Creswell Municipal Code. 1) No individual under 21 shall enter a medical marijuana facility. 2) Facilities shall conduct business no earlier than !0:30am and no later than 8:30pm, Saturday through Sunday. 3) No on-site consumption of medical marijuana shall occur within 50 feet of the entrance of a medical marijuana facility, and 4) No free samples shall be dispensed. b. Design Standards. Pursuant Articles 3 and 4 of this Code, a medical marijuana facility shall adhere to all pertinent site design standards according to the primary function of the medical marijuana facility. (1) Medical marijuana facilities shall adhere to design standards for retail sales and service. (2) Industrial medical marijuana facilities shall adhere to design standards for industrial c. Additional Criteria. Medical marijuana facilities and Industrial medical marijuana facilities, in addition to Articles 3 and 4, shall: ( 1) Show proof of registration with the State of Oregon. 1. Medical marijuana facilities shall show compliance with ORS 475.314; n. Industrial medical marijuana facilities shall show compliance with ORS 475.304. (2) Locate in a permanent or fixed structure (may not be a mobile facility); (3) Not have a drive up, drive through, or walk through window; (4) Have a public entrance within ten (10) feet of the right-of-way that faces a public street and is clearly visible from the roadway for the purpose of allowing public view and public safety surveillance; (5) Have a well-lit entrance and parking area for the purpose of maintaining safe access by customers and employees; and ( 6) Provide adequate security system that does not include bars on windows to secure the facility while maintaining visual consistency with other Creswell businesses. City of Creswell Development Code 3-79 ' . • ( 1 ~ 3.5.1200 - ReserYeaMedical Marijuana Facilities d. Reducing impact to neighboring properties. Appropriate design and operational elements shall be included in the development of a marijuana facility to reduce the adverse impacts from noise, vibration, exhaust/emissions, smells, light, glare, erosion, odor, and/or dust. a:-e. Signage. Signage shall adhere to the City of Creswell ' s Sign Code. City of Creswell Development Code 3-80 AFFIDAVIT OF SERVICE BY MAIL OR FAX STATE OF OREGON, County of Lane) ss. 1, MAt>a..,"'e: ~-Hl'-t...t ~~ being first duly sworn, say that I served a true copy of the aforegoing attached ~one..(; OF Pvi \,..\L ~INb rn~ "'PA-Z.olS- 01 and cause set forth therein, upon OwN~~ ~~ ~ ~Pe-A..!f "U>~~., ~~ Ga"",...H-(.'4&.., ~I ~M.£-U.•~ tNI>~•f\1...1 o,... 6fNC£A1.. (fllb~fll'.rM. lN C~wm by (check exactly one): ~ Placing a true copy of the same in a sealed envelope, postage prepaid, in the United D States Post Office at .S'P~·C'l~n~l> Oregon on __ ;-_f="e __ &_~ __,.y __ 2_o_,_5 ____ addressed as follows: Transmitting the same on ------------------J by telephonic facsimile communication device to (insert fax number used). The printed confirmation of receipt of the transmission generated by the transmitting machine is attached hereto. D SWORN TO before me on ~Vt{IA-~ If Jvr'S ob OFFICIAL SEAL ROBERTA J THARP WJTARY PUBUC ·OREGON COMMISSION NO. 457879 Notary Public for Oregon My Commission Expires YJ1 ~,.. ltf eot.t.11SD EXPIRES MAY 28, 2015 rna plot ' .. ~~t,..\tJ~ ~ _..-A) K ~ ~ •• .,- \' p..vJ'-~, 1--. '7 owner_name addr_llne1 1903132108600 JONES CHRISTINA J & ROBERT W 100 MAGNOLIA DR 1903132209800 ROSS TOBY 10647 KESTREL RD 1903141200600 WALKER JAMES HARLEY 1072 53RD ST 1903141401303 FRANZ-VICKER JOINT REVOCABLE LIVING TRUS 10921 MARTIN LN NE 1903132108500 MCKENZIE ROBERT G & LINDA M 110 MAGNOLIA DR 1903141301100 MCGRAW MARTIN &JULIE 1115 DELROSE DR 1903141401302 BAHEN INVESTMENT GROUP LLC 1184 LUDGATE DR 1903132200400 CYR GILLES D & AILEEN 1188 GREENBRIAR DR 1903132108400 HADEEN STEPHEN R & M LYNDA B 120 MAGNOLIA DR 1903132202100 OSBORNE LEE & NANCY 1202 SPYGLASS CRT 1903132200700 MARLENE G PERLING REVOCABLE TRUST 1206 GREENBRIAR DR 1903132202200 BETTY E RAZ REVOCABLE LIVING TRUST 1208 SPYGLASS CRT 1903132200800 WARREN DAVID P 1212 GREENBRIAR OR 1903132201900 COCHRAN LORONNA & BRETT P 1213 SPYGLASS CTR 1903132202300 MCKITTRICK JEAN 1214 SPYGLASS CRT 1903132207100 BOHNER HERBERT R & GLENDA S 1217 GREENBRIAR DR 1903132201800 GUNDER JERRY & MUN CHA 1219 SPYGLASS CRT 1903132202400 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1903132206800 STOUT JAMES E & JEANIE E 262 PEBBLE BEACH DR 1903132107200 LANDEN JAMES P & MARLENE 270 MAGNOLIA DR city_state_zip zone CRESWELL, OR 97426 GC KLAMATH FALLS, OR 976 GC SPRINGFIELD, OR 97478 GC AURORA, OR 97002 GC CRESWELL, OR 97426 GC SPRINGFIELD, OR 97477 GC EUGENE, OR 97402 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC MADRAS, OR 97741 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL,. 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OR 97006 GC BEAVERTON, OR 97006 GC EUGENE, OR 97 405 GC PHILOMATH, OR 97370 GC CRESWELL, OR 97426 GC EUGENE, OR 97401 GC EUGENE, OR 97403 GC CRESWELL, OR 97428 GC BANDON, OR 97411 GC COQUILLE, OR 97423 GC LIVINGSTON, TX 77399 GC LIVINGSTON, TX 77399 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC SPRINGFIELD, OR 97477 GC CRESWELL. OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC EUGENE, OR 97401 GC EUGENE. OR 97401 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL, OR 97426 GC CRESWELL. OR 97426 GC CRESWELL, OR 97426 GC CRESWELL. OR 97426 GC zone_name GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMER( GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERA!. COMMEH.C GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC Gt:NERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMER( GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC GENERAL COMMERC 1903132206700 STUBER PATRICK J 1903132107100 MEREDITH LOREN A & JUDY B 1903132107000 HECKMAN MICHAEL D & RAEDELLE J 1903141301100 MCKENZIE SHANE ARTHUR 1903141301100 SANCHEZ. GUILLERMO, LUIS, & SOLEDAD 1903141301100 MURPHY SHAWN 1903141301100 KELLEY HENRY B 1903141301100 BARLOW DAN & JILL 1903132407700 KAUFFMAN RICHARD H & VICKI L 1903132200900 WANDA L HAWKINS TRUST 1903143105500 GARTON CARLTON & WADE 1903132209300 WYLIE GORDON & LINDA 1903142100800 STEW ART LAS ELLS M & SANDRA L 1903132106600 CARMICHAEL LIVING TRUST 1903141300300 GARVIN ROBERT J JR&AIMIE M 1903143107300 GARTON CARLTON 1903132106500 GREGORY GEORGE A & MARTA S 1903132206600 HOOKER ROBERT A & CAROLE 1903132300200 JACKSON LUKE 1903141301100 CERVANTES VALERIANA 1903141301100 JIMENEZ MARTIN SALINAS 1903132201300 HILLS FAMILY TRUST 1903132106400 HAHN LIVING TRUST 1903141201000 MILLER JOINT TRUST 1903143100600 WOODLAND SCOTI D & CAROL M 1903132206500 EVANS KIMBERLY J & ROBERT G 1903141301100 SMYTH RICHARD JOSEPH 1903141301100 HElSLEY DAVIDS &JEANETIE 1903132106300 NEWMAN FAMILY TRUST 1903132106700 DOBSON JASON C 1903132106700 HANKINS SUMMER K 1903132206400 PRICE KIMBERLEE M & WILLIE L 1903132209400 PARLETIE LARRY L & KRISTA K 1903132.106200 WALKER CARL I & KATHERINE S 1903132105800 ORTON DOUGLAS C& ELIZABETH A 1903132206300 LAUKKA ROBERT J & GENEVIEVE M 1903132106100 BITILER RONALD & SHARON 1903132209000 ALBERTSON TODD P 1903132105700 MARXEN DENNIS J 1903132106000 MARY LOU lETSOM REVOCABlE LIVING TRUST 1903132206200 FOSMARK TIM A & ANDREA L 1903132407400 MARY LOU ROLLAND TRUST 1903132407400 RONALD H ROLLANDiRUST 1903132208900 BAKER RANDAL M 1903132105900 HEYMAN RICHARD & BARBARA 1903132105600 CORNOG WILLIAM L 1903132206100 BIGGS COLLEEN CAIRNEY & KENNETH R 1903154014800 BERGER RANDALL D & KERRY M 1903141301100 DAVIS BOBBIE & DAN 1903132209800 DUTHIE JO 1903141301100 TOWNE BRANDON & SARAH 1903132105500 SHAW ROBERT M & LINDA C 1903141301100 PARKER GLEN A & 'TERESA R 1903141301100 LOF'EZ ADRIAN HERNANDEZ 1903141301100 ARIZA BLANCA 1903141301100 QUIROZ SOCORRO 1903141300500 HANSEN PAULE & DEANNA LYNN 1903132407600 HOLlON ALMA LEE 1903141200600 COOK KENNETH ROBERT 1903141200600 MCDOUGAL KAREN 1903141200600 ORESKOVIC MICHAEL & BREEANA 1903141200600 KOLLAR ESTELLA VICTORIA 1903141200600 GREEN SUZETIE 1903141200600 FUNKHOUSER JESS JR 1903141200600 GRAVES CINDY GAYLE 1903141200600 JANISCH MICHAEL A 1903141200600 BOX GEORGE MICHAEL 1903141200600 WILLIAMS CATHERINE M & KEVIN 1903141200600 HECKER LEONARD & MARTHA 1903141200600 BLACKSHANNON 1903141200600 JONES GARY DENNIS 1903141200600 STARR JERRY L 1903141200600 PERDUE LESLIE J & RETIAL 1903141200600 PRITCHETT SOPHIA M 1903141200600 SEHLIN BETTY J 1903141200600 GEBHAf{T RICHARD 1903141200600 BOSWELL PEEWEE & PAGTE 1903141300500 LOZANO JOSE 1903141300500 MEZA CAROLINA 1903141000700 OR DEPT OF TRANSPORTATION 1903141301100 GUTIERREZ YORLEY 1903141301100 RODRIGUEZ GERARDO 1903132105300 WHITE JAMES C & DONNA 1903143106000 THABET CRESWELL STORAGE LLC 1903132206000 SULLIVAN FAMILY TRUST 1903132105200 GRICE DENNIS J & LYNNE 1903132202900 PLUMMER FLOYD F & JEANNIE 1903132105100 STANICH D GEORGE & SHARON L 1903132205900 CLARKE RALPH & LINDA 1903132208600 SPEER FAMILY TRUST 1903132105000 FERRARA JOSEPH J & BONNIE C 274 PEBBLE BEACH CRESWELL, OR 97426 GC 280 MAGNOLIA DR CRESWELL, OR 97426 GC 290 MAGNOLIA DR CRESWELL, OR 97426 GC 298 E OREGON AVE SPACE K12 CRESWELL. 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Roberta Tharp From: Sent: To: Subject: Roberta Tharp Monday, February 09, 2015 3:38 PM olson@thecreswellchronicle.com Corrected Notices for this weeks Chronicle Please disregard the first email I sent, please use the following notices. The Parks Advisory Board Meeting in on February 17th not February sth as I noticed. Here is a copy of the corrected notices: Parks Advisory Board- The Parks Advisory Board will meet on Tuesday, February 17, 2015 in the Community Center beginning at 5:00pm. The board will discussing the skate park meeting and committee, potential for a Frisbee golf course, land acquisition and the potential for a dog park. Planning Commission- The Planning Commission will meet on Thursday, February 26th in the McCluskey Chambers at 6:30pm. The Commission will be holding the first of two evidentiary hearings on proposed development code · amendments regarding medical marijuana facilities within the City of Creswell. Roberta Roberta Tharp, CMC City Recorder City of Creswell 13 South 1st Street PO Box 276 Creswell, OR 97426 (541) 895-2531 x307 PUBLIC RECORDS LAW DISCLOSURE: This e-mail is subject to the State Records Retention Schedule and may be made available to the public. CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable state and federal laws. If you are not the addressee, or are not authorized to receive information for the intended addressee, you are hereby notified that you may not use, copy, distribute, or disclose to anyone this message or the information contained herein. If you have received this message in error, please advise the sender immediately by reply email and expunge this message. Thank you. 1 City of Creswell13 South 1st Street, P.O. Box 276 Creswell, OR 97426 Ph (541) 895-2531 Fax (541) 895-3647 February 2015 City of Creswell Meeting Schedule Finance Committee The Finance Committee will meet on Wednesday, February 11, 2015 beginning at 1:00pm in the City Hall Conference Room. The committee will be discussing Water Rate Methodology and two year budgeting. Administration Committee The Administration Committee will meet on Thursday, February 12, 2015 in the City Hall Conference Room beginning at 1:00pm. The committee will begin reviewing Judge Pro Tern applications as well as the institutional review process. Parks Advisory Board The Parks Advisory Board will meet on Tuesday, February 17, 2015 in the Community Center beginning at 5:00pm. The board will discussing the skate park meeting and committee, potential for a Frisbee golf course, land acquisition and the potential for a dog park. City Council Work Session The City Council will hold their monthly work session on Monday, February 23, 2015 at 6:00pm in the McCluskey Chambers of City Hall. Planning Commission The Planning Commission will meet on Thursday, February 26th in the McCluskey Chambers at 6:30pm. The Commission will be holding the first of two evidentiary hearings on proposed development code amendments regarding medical marijuana facilities within the ~ City of Creswell. :tf? ~~ c~\F~~ '. ( ~~0 ~ yJ b" &~~vv TTY call: 1-800-735-2900 Spanish TIY Call: l-800-735-3896 Creswell is an Equal Opportunity Employer & Provider Facilities are ADA Accessible and Creswell complies with section 504 ofthe Rehabilitation act of 1973 City of Creswell 13 South 1st Street, P.O. Box 276 Creswell, OR 97426 Ph (541) 895-2531 Fax (541) 895-3647 February 2015 City of Creswell Meeting Schedule Parks Advisory Board The Parks Advisory Board will meet on Tuesday, February 17, 2015 in the Community Center beginning at 5:00pm. The board will discussing the skate park meeting and committee, potential for a Frisbee golf course, land acquisition and the potential for a dog park Transportation and Public Works Committee will meet on Monday, February 23, 2015 at 3:00 pm in the City Hall Conference Room. The committee will continue to discuss the proposed water supply policies, the methodology to determine future water rate increases and the continuing public education plan. City Council Work Session The City Council will hold their monthly work session on Monday, February 23, 2015 at 6:00 pm in the McCluskey Chambers of City Hall. Planning Commission The Planning Commission will meet on Thursday, February 26th in the McCluskey Chambers at 6:30pm. The Commission will be holding the first of two evidentiary hearings on proposed development code amendments regarding medical marijuana facilities within the City of Creswell. TTY call: 1-800-735-2900 Spanish TTY Call: L-800·735·3896 Creswell is an Equal Opportunity Employer & Provider Facilities are ADA Accessible and Creswell complies with section 504 ofthe Rehabilitation act of 1973 Thursday, February 1 ~2, 2015· IJI ... -~ ~ v · rwo·w.1i.. r··.e ·THE GREsWEI.L CHRONICLE 3 ITY -r ~A-4L ~~H~~N~ Parks Advisory Board- The Parks Advisory Board will meet on Tuesday, February 17, 2015 in the Community Center beginning at 5:00pm. The board will discussing the skate park meetihg and committee, potential for a Frisbee golf course, land acquisition and the poten- tial for a ~og park. Planning Commission - The Planning Commission will meet oh Thursday, February 26th in the McCluskey Chambers at 6:30 pm. The Commission will be holding the. first of two evidentiary hearings on proposed development code amendments regarding medical mari- juana facilities within the City of Creswell. ) CITY OF CRESWELL CITY COUNCIL ORDINANCE 486 TEXT AMENDMENTS TO CHAPTER 18 OF THE CRESWELl MUNICIPAl CODE REGARDING MEDICAL MARIJUANA FACiliTIES. WHEREAS, City of Creswell Municipal Code Section 4.1.500 provides that legislative changes to the text of Chapter 18 may be initiated by Creswell City Council; WHEREAS, the Creswelf City Council initiated amendments to the Creswell Municipal Code by motion on November 19, 2014; WHEREAS, the City sent notice of the proposed code amendments to the Department of Land Conservation and Development on January 16, 2015, not less than 35 days prior to the first evidentiary hearing as required by state law and the Creswell Municipal Code; WHEREAS, on February 5, 2015 the City sent notice to affected property owners notifying them of the Planning Commission public hearing, as well as posted the proposed amendments and map of affected areas; WHEREAS, on February 12 and February 19, 2015 the City published notice of the Planning Commission and City Council public hearings in accordance with Section 4.1.500; WHEREAS, on February 18, 2015 the City sent notice to Referral Agencies about the proposed amendments and the public hearings; WHEREAS, the Creswell Planning Commission finds the proposed amendments to the Creswell Municipal Code text is consistent with applicable criteria in the Creswell Municipal Code, Creswell Comprehensive Land Use Plan, Statewide Land Use Planning Goals, Oregon Administrative Rules, and Oregon Revised Statutes as shown in Exhibit A; NOW, THEREFORE BE IT ORDAINED that the Creswell City Council approve the legislative amendments to zoning text shown in Exhibit B, as described in PA-2015-01 in order to establish policy related to medical marijuana facilities. ADOPTED BY THE COMMON COUNCIL AND APPROVED BY THE MAYOR THIS 9TH DAY OF MARCH, 2015. DA !(AM, Mayor ATTEST: CITY OF CRESWELL NOTICE OF CITY COUNCIL'S DECISION DATE MAILED: IN THE MATTER OF: APPLICANT: March 12, 2015 Text Amendments to the Creswell Municipal Code Chapter 18 to address Medical Marijuana Facilities {PA-2015-01) City of Creswell The City of Creswell's Moratorium on the location and operation of medical marijuana dispensaries expires at the end of April, 2015. In the November 17, 2014 Joint Planning Commission/City Council Work Session, Commissioners and Councilors requested a structured brainstorming session that will help City Staff prepare a draft amendment to the City's Municipal Code. The Planning Commission held the first of two public hearings on PA-2015-01 on Thursday, February 26, 2015. Twelve residents attended, five of which spoke with grievances related to marijuana grow operations in Creswell and safety concerns around the possible location of medical marijuana facilities within the city limits. Commissioners issued a Recommendation of proposed text amendments to the Creswell Development Code. The Creswell City Council found, on Monday March 9, 2015, after holding the second of two public hearings, that the proposal as amended meets the criteria listed in the Creswell Development Code Ordinance Section 4.1.500- Type IV Legislative Procedure, Section 4.7.200 Land Use District Map and Text Amendments, and other sections of the Creswell Development Code. City Council passed Ordinance 486 to adopt these text amendments. This decision of the Council can be appealed; however, if a decision is appealed, only those issues raised by testimony or by letter at the original hearings may be raised in appeal of the initial decision. Failure to raise an issue, in person or by written comment, at one of the two hearings, or failure to provide statements or evidence related to an issue, precludes reliance on that issue in any later appeal of the decision, which is made after consideration of statements and evidence submitted, including an appeal to the Oregon Land Use Board of Appeals. Materials concerning this decision are available for review during the regular office hours of 9:00a.m. to 5:00p.m., Monday through Friday, excluding holidays, at Creswell City Hall located at 13 South 1st Street, Creswell, Oregon, 97426. Copies may be purchased at Creswell City Hall for the cost of copying {$0.25 per page for black and white 8-1/2"x11"). Madeline Phillips Creswell Planning Technician mphillips@creswell-or.us {541) 895-2531 .l>)> Zz oo