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Home My WebLink AboutCity/County Planning Board Minutes 06.03.2010 DRAFT MINUTES LAUREL- YELLOWSTONE CITY - COUNTY PLANNING BOARD JUNE 3, 20107:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Kathy Siegrist, Chairman Dan Koch, City Rep. Dick Fritzler, County Rep. Judy Goldsby, County Rep. Dave Schreder, City Rep. Don Brown, City Rep. John VanAken, County Rep. Greg Nelson, City Rep. OTHERS PRESENT: James Caniglia, City Planner Cheryll Lund, City Secretary The meeting began at 7:00 pm. The minutes were reviewed. A motion was made by Judy Goldsby, seconded by Dan Koch to approve the minutes as written. Motion was carried. Public Input Chairman Siegrist asked if there was any input from the public. There was none. Discussion and Recommendation: County applicants Lee Richardson, Judy Goldsbv and John VanAken The board reviewed the applications for county representatives whose terms are up on June 30, 2010. All 3 applicants are currently serving terms as county representatives. A motion was made by Dan Koch, and seconded by Greg Nelson, to recommend approval of Judy Goldsby as a county representative for the Planning Board. The motion was carried by a vote of 7 -0. A motion was made by Don Brown, and seconded by Dan Koch, to recommend approval of John VanAken as a county representative for the Planning Board. The motion was carried by a vote of 7 -0. A motion was made by Judy Goldsby, and seconded by Don Brown, to recommend approval of Lee Richardson as a county representative for the Planning Board. The motion was carried by a vote of 7 -0. 1 Public Hearing: Proposed Additions to L.M.C. 17.20.010, Listed Uses, to develop land use for Medical Marijuana businesses The public hearing was opened at 7:04 pm. Chairman Siegrist read the public hearing rules into the record. Proponents: James Canigilia, Laurel City Planner stated that the proposal in front of the board is the retail sales of medical marijuana and the commercial growing of medical marijuana. The board is proposing that the retail sale of medical marijuana only be allowed in commercially zoned areas; and, the growing of medical marijuana only be allowed in heavy industrial and light industrial zones. The board has recommended that 1000 foot buffers be placed around churches, schools, parks and commercially zoned daycares. These issues have been discussed at the past three Planning Board meetings and the board has heard evidence from the state on concerns of this issue and what other cities are facing. The board is also proposing al000 foot buffer between both medical marijuana retail sales and medical marijuana growing businesses so that there will not be a cluster of these businesses in any section of town. As it stands now it will be hard for more than 3 medical marijuana businesses to be located within the town. The City Attorney believes that having 3 medical marijuana businesses in Laurel is a fair number and one that is not too small for a city it's size. James went on to say that there will be a fair amount of other business license issues that will come about if the City Council were to pass this proposal. James reminded the audience that the board is strictly here to discuss land use issues and not licensing and other issues in regards to medical marijuana. This is not the place to discuss whether or not you agree or disagree with medical marijuana. This board is looking for input on land issues only. James stated that the reason that the board decided not to recommend or allow growing of marijuana in the retail areas is because medical marijuana grow operations can have problems with fire and mold. The board does not want to put any of the cities downtown buildings at risk for fire or mold. James reiterated that all retail sales and growing operations will only be allowed in commercial and heavy and light industrial areas shown on the map, and located 1000 feet from churches, schools, parks and commercial daycares, not in residential areas. James went on to say that medical marijuana card holders do have the right to grow up to 6 plants for themselves in their own homes. Anything above 6 plants will be considered retail operations. 2 Chairman Siegrist asked if there were any other proponents that would like to speak. There were none. Opponents: Tom Maurer of 313 First Avenue, Laurel, Montana spoke. He stated that he is a 30 year resident of Laurel. He went on to stated that he couldn't believe that the board was even considering doing anything like this in Laurel, let alone considering where these types of businesses should be put. He doesn't know if the board has already decided that they are going to be doing this (in Laurel) and whose ideas these were to put these businesses in town. He went on to say that it is ridiculous to even consider it. Chairman Siegrist asked two more times if there were other opponents who wished to speak. There were none. The public hearing was closed at 7:10 pm. Board Discussion: Greg Nelson stated that as he understands it from the map the only places that could really be able to put in a new business would have to be built. Motion by Greg Nelson to move forward with the recommendation of amending certain portions of the City's zoning code Title 17 of the Laurel Municipal Codes relating to medical marijuana businesses within the zoning jurisdiction of the Laurel /Yellowstone City /County Planning Board (see attached draft of ordinance). James clarified for the audience that at this time there is a 6 months moratorium in effect that goes until September 16, 2010. At that point the City Council can extend the moratorium for another 6 months. James hasn't heard whether or not the council plans to extend the moratorium. James also clarified for audience members that there have been several towns /cities within Montana that have banned medical marijuana from their town/city. Those towns will certainly end up with lawsuits put against them because the State of Montana laws do allow medical marijuana. The motion was seconded by John VanAken. The motion passed by a unanimous vote of 7 -0. Miscellaneous John VanAken asked if anything could be done about the intersections at E. Sixth Street and Fir; and, E. Sixth Street and Elm. At E. Sixth and Fir it is a 2 -way stop and at E. Sixth and Elm it is a 4 -way stop. He would like to see the 4 -way stop moved one 3 intersection to the east. That information will be passed along to Police Chief Rick Musson. David Schreder asked if sidewalks could be placed behind the bus barn along E. Maryland Lane. James stated that he is looking into CTEP funding for sidewalks. He is also talking with "Safe Route to School" representatives and will see if this fits the criteria for funding of sidewalks in that area. After a motion by Dan Koch, seconded by Dick Fritzler the meeting was adjourned at 7:30 pm. Respectfully submitted, eJuLt-eQ_ Cheryll Lund, Secretary n 4 DRAFT ORDINANCE NO. 010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA, AMENDING CERTAIN PORTIONS OF THE CITY'S ZONING CODE LOCATED TITLE 17 IN THE LAUREL MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA BUSINESSES WITHIN THE ZONING JURISDICTION OF THE LAUREL/YELLOWSTONE CITY /COUNTY PLANNING BOARD. WHEREAS, on November 2, 2004, Montana voters adopted the Medical Marijuana Act, which is codified at § 50-46 -101, MCA, et seq.; and WHEREAS, as a result, the City Council of the City of Laurel previously determined that the licensing, opening, or operation or any establishments that grow, sell, or distribute medical marijuana or paraphernalia within the City limits of the City of Laurel, was detrimental and a threat to the peace, property, health, safety, and welfare of the City and its inhabitants without proper zoning and regulation; and WHEREAS, pursuant to § 76 -2 -306, MCA, the City adopted an interim zoning ordinance in order to preserve and protect the public peace, property, health, or safety for up to six months with the option to extend the interim ordinance for an additional six months pursuant to Montana law; and WHEREAS, the City Staff reviewed the current zoning ordinance and has prepared proposed amendments to the zoning ordinance currently codified at Title 17 of the Laurel Municipal Code; and WHEREAS, the Zoning Commission must conduct a public hearing on the proposed amendments to gather public comment and input prior to making a recommendation the City Council regarding the proposed amendments. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Laurel, Montana, that the Laurel Zoning Ordinance codified at Title 17 of the Laurel Municipal Code is amended as follows: Chapter 17.08 Definitions Add: 17.08.760 Medical marijuana cultivation facility or cultivation facility. 17.08.761 Medical marijuana dispensary or dispensary. 17.08.762 Mobile home. 17.08.763 Manufactured home parks, travel trailer parks and individual manufactured homes. 17.08.760 Medical marijuana cultivation facility or cultivation facility. "Medical marijuana cultivation facility or cultivation facility" shall mean a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off -site from any medical marijuana dispensary and that is designated as part of the premises of a medical marijuana dispensary licensed pursuant to Title 5, Chapter 5.70 of the Laurel Municipal Code. The City shall not license a Medical marijuana cultivation facility or cultivation facility within one thousand (1,000) feet of any private or public preschool, elementary, secondary, vocational or trade school, any child care center, place of worship or religious assembly, any public or private park, pool, playground or recreational facility, any juvenile or adult halfway house, correctional facility, or substance abuse rehabilitation or treatment center as provided in Title 5, Chapter 5.70.050. 17.08.761 Medical marijuana dispensary or dispensary. "Medical marijuana dispensary or dispensary" shall mean a property or structure used to sell, distribute, transmit, give, dispense or otherwise provide marijuana in any manner to patients or primary caregivers pursuant to the authority contained in MCA §50 -46 -101 et. seq. and the implementing administrative regulations promulgated thereto. The City shall not license a Medical marijuana cultivation facility or cultivation facility within one thousand (1,000) feet of any private orpublic preschool, elementary, secondary, vocational or trade school, any child care center, place of worship or religious assembly, any public or private park, pool, playground or recreational facility, any juvenile or adult halfway house, correctional facility,or substance abuse rehabilitation or treatment center as provided in Title 5, Chapter 5.70.050. 17.08.760 762 Mobile home. See "Manufactured home parks, travel trailer parks and individual manufactured homes. (Ord. 96 -5 (part), 1996: prior code § 17.20.375) 17.08.E 763 Manufactured home parks, travel trailer parks and individual manufactured homes. Chapter 17.20.010 Add: Table 17.20.010 AG RP NC CBD CC HC LI HI P Medical marijuana cultivation facility or cultivation facility A A Medical marijuana dispensary or dispensary A A A This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on , by Council Member PASSED and ADOPTED by the Laurel City Council on second reading this day of , 2010, upon motion of Council Member APPROVED BY THE MAYOR this day of , 2010. CITY OF LAUREL Kenneth E. Olson, Jr. Mayor ATTEST: Cathy Gabrien, Deputy Clerk- Treasurer Approved as to form: Sam Painter, Legal Counsel Elk River Law Office, P.L.L.P. DRAFT ........_..... ... .....,.._ ............._.............. _ _.... ,... .. Allowable uses for retail sales of Medical Marguana and commercial growing] ____........._______ _........___._..._.._....._ ........._____. 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