Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 19-0341R.

Agenda Title:

19-034 - 1R.  An ordinance amending Chapter 14 of the Independence City Code pertaining to Medical Marijuana Facilities.[Postponed from 6/3/19]
Recommendations:

Commissioner Preston made a motion to approve the code amendment.  A second to the motion was made by Commissioner Ferguson. The Independence Planning Commission voted as follows:

Commissioner Goldesberry

-

Absent

Commissioner McClain

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Yes

Commissioner Ferguson

-

Yes

Commissioner Wiley

-

Yes

 

The motion for approval passed with a 5-0 vote and such application is forwarded to the City Council for its consideration. 

Staff recommends approval of the adoption of the proposed amendment.

Executive Summary:

This proposed ordinance amends Chapter 14 of the City Code pertaining to medical marijuana facilities by adding five (5) definitions – medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana facility, medical marijuana infused products manufacturing facility, and medical marijuana testing facility – to Section 14-201.  These definitions are based on DHSS guidelines.

 

The other changes include updating the office, commercial and industrial use tables to include the medical marijuana uses.  The medical marijuana dispensaries are a retail outlet and as such those uses would be allowed in the C-2 and C-3 districts where other retail uses are allowed.  The medical marijuana testing facilities are similar to office type uses and as such would be allowed in the C-2, C-3, BP and I-1 districts where other office uses would be allowed.  The medical marijuana cultivation facility and infused products manufacturing are similar to a manufacturing type use and as such would be allowed in the C-3 and I-1 districts.

 

The last change includes adding a new 14-421 section, which outlines the various conditions to be met for medical marijuana facilities.

Background:

On November 6, 2018 the voters of Missouri approved Amendment 2 to the Missouri Constitution which legalizes medical marijuana in Missouri.  Amendment 2 provides deadlines for certain actions to occur which includes putting into place rules that regulate all facets of medical marijuana.  One of those deadlines is for the Missouri Department of Health & Senior Services (DHSS) to draft and finalize rules no later than June 4, 2019.

 

On February 19, 2019 the Independence City Council adopted an Administrative Delay until August 3, 2019.  The Administrative Delay was enacted to give staff time to adequately research issues related to medical marijuana facilities.

 

The UDO did not provide regulations that allow for the sale, cultivation, and distribution of medical marijuana in the City.  Staff needed time to ensure fairness to all potential applicants by halting any new applications or approvals until such time as regulations are in place.  Under Amendment 2 the State of Missouri will not be accepting applications for any medical marijuana facility until August 3, 2019.

 

The draft rules of the Department of Health and Senior Services (DHSS) require all medical marijuana applicants to provide the location and address of their proposed facility.  Applicants are also required to submit with their application a map of their location showing that the proposed site meets local zoning requirements.

 

Amendment 2 states that local governments may enact ordinances or regulations that govern “the time, place and manner of operations” of a medical marijuana facility.  Local governments cannot be “unduly burdensome” in their jurisdiction.

 

In order to ensure that the City of Independence is not being “unduly burdensome” staff is bringing forward this UDO amendment to allow potential applicants to find a location that meets our zoning requirements.

 

Draft Planning Commission Minutes:

1.       Case #19-175-02 – UDO Amendment #38 – Medical Marijuana Facilities

Staff Presentation

John Mayfield, City Manager’s Office, provided information on the proposed changes to the UDO concerning medical marijuana facilities.   Mr. Mayfield stated the City has worked with numerous departments to come up with these guidelines.  He noted the State of Missouri will accept applications in August and at that time, the application must provide a proposed address for the facility and a map showing it meets local zoning requirements.  Mr. Mayfield stated the City cannot be unduly burdensome.  He stated there will be 24 dispensaries in each Congressional District.  Mr. Mayfield said this amendment will define medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana facility, medical marijuana infused products manufacturing facility and medical marijuana testing facility, based on the State’s guidelines.  This amendment will also add medical marijuana facilities to use tables and guidelines on where medical marijuana facilities can be located. 

 

Chairman Ashbaugh asked what the map provided showed.  Mr. Mayfield stated the areas highlighted are where facilities could be located in the City.

 

Commissioner Ferguson asked if we could set limits on the number of facilities.  Mr. Mayfield stated the State of Missouri regulates the number of facilities and where they will be located.

 

Chairman Ashbaugh asked if the State would handle complaints.  Mr. Mayfield stated the State will give guidance to city governments. 

 

Chairman Ashbaugh asked if they will have to have a business license.  Mr. Mayfield stated they will have to have a business license if they receive the state license.

 

Public Comments
No public comments.

 

Motion

Commissioner Preston made a motion to approve Case #19-175-02 – UDO Amendment #38 – Medical Marijuana.  Commissioner Ferguson seconded the motion.  The motion passed with five affirmative votes.


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Staff ReportBackup Material
UDO ChangesBackup Material
Draft OrdinanceOrdinance
MapBackup Material