Memorandum 16-032 History of Ordinance 16-04(A)(S)

Memorandum 16-032

TO:                        MAYOR WYTHE AND CITY COUNCIL

FROM:                 JO JOHNSON, MMC, CITY CLERK

DATE:                   FEBRUARY 12, 2016

SUBJECT:          HISTORY OF ORDINANCE 16-04(A)(S) – IDENTIFYING ZONING DISTRICTS PERMITTING MARIJUANA FACILITIES

This summary is meant to provide the history of Ordinance 16-04(A)(S) to clarify the actions Council has taken, along with future actions the Council will consider.

January 25, 2016 – Ordinance 16-04 introduced and amended:

Removed the Conditional Use Permit requirement from the Central Business District to allow marijuana cultivation facilities, manufacturing facilities, retail facilities, and testing facilities as defined by state law to be permitted outright.

Designated that Marine Commercial be a no sale zone.

(Ordinance 16-04 becomes 16-04(A))

February 8, 2016 – Ordinance 16-04(A) public hearing and Substitute Ordinance 16-04(A)(S) adopted:

Added limited marijuana cultivation facility in Rural Residential as defined in state law subject to the following provisions:

The facility shall only be located on lots greater than 20,000 square feet.
The facility shall comply with HCC 21.59, Off-site Impacts.
The facility shall be setback 50 feet from the lot line.

                                (Ordinance 16-04(A) becomes 16-04(A)(S))

February 10, 2016 – Reconsideration of Ordinance 16-04(A)(S) issued timely by Councilmember Aderhold.

February 22, 2016 – Ordinance 16-04(A)(S) before Council for reconsideration. If reconsideration passes Ordinance 16-04(A)(S) will come back for further consideration and action under Public Hearings. If reconsideration fails, Ordinance 16-04(A)(S) stands as decided February 8th.

February 22, 2016 – Second Substitute Ordinance 16-04(A)(S-2) to be introduced by Mayor Wythe to add the following provision to marijuana zoning:  to be Effective Only Upon Certification of a Majority Vote Rejecting the Proposition to Prohibit Marijuana Establishments in the City at the Regular Election to be Held in the City on October 4, 2016.

Public testimony is welcome for Ordinance 16-04(A)(S) and 16-04(A)(S-2) on February 22nd.

Informational only.