City Council

^. Mayor Council President Councilors CT".OTWood John C Miner JairoRios-Campos Lynnea Amend Mark dark DaraTan re PLANNINGCOMMISSION MEETING MINUTES MAY 16, 2023 PRESENT ChairJim Mott, Commissioners Steve Zebrowski and Janice Dole, Council Liaison Lynnea Amend, Planner Robin Scholetzky, City Manager Greg Dirks, Director of Public Works John Niiyama, and interested parties. ABSENT Commissioners Linda Jensen and Allan Montiel. CITYFILES ZDC23-01 - TEXTAMENDMENTREGULATIONPSILOCYBINRELATEDUSE§ Dirks introduced the new planner Robin Scholetzky and presented the background on ZDC 23-01 text amendment regulating psilocybin related uses. This is a Type IV Legislative amendment and is in response to statewide Ballot Measure 109 and adopted Oregon Revised Statue 475A that authorized the use of psilocybin at a licensed facility under the care of a licensed practitioner. Most ofthe regulations are managed at the state level, however Cities can add some land use regulations. The City Council authorized the text amendment for psilocybin regulation similar to cannabis related uses at the September 29, 2022 Council meeting via Resolution 25-2022. Scholetzky presented the proposed text amendment allowing psitocybin-related facilities as a conditional use in thecommercial, town centerand manufacturingzonessimilarto cannabis-relateduses. Special regulations include standards for proximity to schools, parks, and other marijuana facilities. The proposed amendment also adds use categories in the zoning code for psilocybin service center and manufacturing but not retail. This miErors the marijuana use authorization. Proximity to schools and parks would be set to a minimum of 1000 fr The Planning Commission can also add a 1000 ft minimum from other psilocybin facilitiesand/ormarijuanafacilities, Mott stated it should be 1000ft from other marijuana and psilocybin facilities. Dole agreed. Zebrowski commented that restriction would make it difficult to find a location and noted that unlike marijuana, no product leaves the facility, and the use is for treatment. Dirks added that the Planning Commission could have the Council finalize this aspect. Zebrowski asked what distances the state mandated. Planning Commission Minutes May 16, 20231 Page 1 Dirksrespondedthatthe stateonly mandates 1000ft from schoolsand does notcoverparksorother facilities. Zebrowskiwould preferno restriction. Scholetzkynotedthatthe codecould be adoptedwiththe restriction and modified laterif there is interestin locating a psilocybin facility near another facility. Zebroski agreed to keep the 1000ft restriction for now recognizing it can be changed in the future if there's a need. Mott noted that the state could modify the restrictions and make psilocybin available for retail down the road. Robin presentedthe land use process. The applicantwould need to applyfor a conditionaluse permit as a Type IIIprocedurewith a hearingbeforethe PlanningCommission. Ifapproved the applicantwould need to providea completed LandUse CompatibilityStatementas partofthe state licensing materials. As partof the legislativereviewprocess, a noticewassentto DLCDand wasposted publicly. Nocommentswere received. Thecriteria reviewfound it consistentwiththe comprehensiveplan, zoningcode, transportation system and statewideplanninggoals. Dirksnoted thatwithoutthis amendmenta psilocybinfacilitycould be builtif it complieswith the statecode and meets the underlying zone. Mott asked if thecity could blockthe use if it becomesavailablefor retail use. Dirksrespondedthatwhenthis waspassed,citiescould vote to allowit in theirjurisdictionor not. Since it passed in WoodVillagewedidn'tgo throughthatprocess. Whenmarijuanawaschangedfrom medicalto recreational it wentto a state-widevote with a localoptoutoption. Itwould seem likely the samething would happenwith psilocybin. Upon motion by Mott, seconded byZebrowskiand passing3-0, the ZDC23-01 TextAmendment Regulation Psilocybin Related Usesas amendedwasrecommendedto the Councilfor adoptionof Ordinance 3-2023, OTHERITEMS Zebrowski asked about the speed limit on city streets. Dirks responded that the speed limit is 25. Staffhave received several comments about speeding through residential streets, however the average speed from the speed study was 18 mph, Dirks noted that Tany's is still workingon permits forthe bakeryand coffeeshop. Dole asked about the retail status at the ByWay. Dirks respondedthata plan wassubmitted forthe stand-aloneretail buildingand a couple ofthe interior units fora daycare. There have been enquiries aboutthe endcapsfrom a coupleof restaurants. Planning Commission Minutes May 16, 2023 | Page 2 ADJOURNMENT Withno furtherbusinessthe PlanningCommission adjourned 6:30pm. Jim Mott CHAIR ATTEST: ^/ CITYRECORDER Planning Commission Minutes May 16, 2023 | Page 3