CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Consider the following:

  1. Adopt an Ordinance amending the zoning chapter regarding medical marijuana dispensaries and cultivation centers. (PWD-Planning) Interim City Planner Mary Beck
  2. This ordinance requires an emergency clause: An emergency clause requires a separate and distinct vote of the board and is valid only if there is a two-thirds vote of approval by the board. (Hdbk. Const. Amend 7)

AGENDA DATE:  07/17/2017

ITEM#: 12

DEPARTMENT:  Planning Division – Public Works Department

 

DATE SUBMITTED: 07/06/2017

 

PREPARED BY:  Mary Beck, Interim Planner

 

SUBJECT:  An ordinance to amend the zoning chapter regarding medical marijuana facilities.   

 

EXHIBITS: Ordinance and Arkansas Medical Marijuana Commission regulations.

 

APPROVAL:

 

 

EXPENSE REQUIRED $0.00

 

AMOUNT BUDGETED: $0.00

 

APPROPRIATION REQUIRED:  $0.00

 

SUMMARY: Following workshops and a public hearing the Planning Commission certifies recommendation to amend the zoning chapter for the following purposes:  to add definitions; to add supplemental provisions for signage; and, to amend land uses in the commercial and industrial zones to accommodate the new land use of medical marijuana dispensaries and medical marijuana cultivation centers.  The motion for approval was by Commissioner Boots Thomas, seconded by Commissioner Adger Smith by a roll call vote of 6-0 with one absence.

 

BOARD ACTION:  Consider adopting an ordinance amending the zoning chapter regarding medical marijuana dispensaries and cultivation centers.        

 

EMERGENCY CLAUSE:  An emergency clause is requested.

 

ORDINANCE NO. ____________


AN ORDINANCE amending The texarkana municipal code of ordinances, CHAPTER 28, REGARDING medical marijuana, to add applicable definitions; To add supplemental provisions for signage; to amend zoning regarding medical marijuana dispensaries and cultivation centers; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.


WHEREAS, the State of Arkansas Medical Marijuana Commission requires allowance of medical marijuana cultivation centers and medical marijuana dispensaries in order to serve the medical needs of its citizens; and

WHEREAS, the Planning Commission, having held one or more public workshops and a public hearing, does approve and certify recommendation to the Board of Directors adoption of regulations as hereby proposed; and

WHEREAS, it is deemed necessary to add certain definitions to Article XI Interpretations and Definitions, Section 28-142; for this purpose as follows:

 

School – a facility or building operated by a public, private, or parochial organization for the purpose of education.  (For the purposes of a medical marijuana facility, location applies only to childhood education and does not include colleges or universities or dormitories, or residential home school for any age.)

 

Medical Marijuana Cultivation facility - an entity that has been licensed by the State of Arkansas Medical Marijuana Commission that cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary or other cultivation center and is not open to the public.

 

Medical Marijuana Dispensary - an entity that has been licensed by the State of Arkansas Medical Marijuana Commission for the purpose of dispensing legally produced medical marijuana as defined by State regulations and provides products to the public who have qualifying credentials issued by the State of Arkansas following a physician referral. 

 

Medical Marijuana - products consisting of or derived from the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, or other portions or mixtures thereof from the marijuana plant to treat qualified medical conditions.

 

Medical Marijuana signage – Advertising by means of signage for a medical marijuana facility or medical marijuana product.

 

Medical Marijuana Commission - (MMC) the State of Arkansas commission entrusted with setting rules to govern use of medical marijuana.

 

Primary Entrance - the entrance through which most people enter or exit a building; and

 

WHEREAS, special signage restrictions are required by the Arkansas Medical Marijuana Commission and it is deemed necessary to add supplemental provisions to Chapter 28, Article VI, for this purpose as follows:

 

Signage for cultivation centers and dispensaries

 

Building signage for medical marijuana dispensaries and/or cultivation centers shall have no more than three (3) signs visible to the general public from public right of way that identify the facility by its business name.  Each sign shall not exceed thirty-six square feet (36 sq. ft.).  Signs shall be placed inside the licensed facility’s window or attached to the outside of the building and shall comply with visibility requirements for window signage.

 

May not be located within a thousand feet (1,000’) of the perimeter of a public or private school or daycare.

 

May not be located on or in a public transit vehicle, or any publicly-owned or operated property. 

 

Signage shall not display:

 

Any content that can reasonably be considered to target children such as:

Cartoon characters; toys; animals; or similar images and items typically marketed towards children.

 

Any content or symbol commonly associated with the practice of medicine, the practice of pharmacy, or healthcare in general; and

 

WHEREAS, the Arkansas Medical Marijuana Commission allows local zoning regulations except all cultivation centers and dispensaries must be allowed in zones where retail pharmacies are located, zoning land uses are amended in Chapter 28, Article III, Sec. 28-22 and Sec. 28-23 as follows:

 

To remove retail pharmacies from O-1.

To add land use of medical marijuana cultivation centers and medical marijuana dispensaries to all commercial and industrial zones except O-1 and W-1 as use by right subject to the conditions set by the MMC as to the:

 

  • Hours of operation;

 

  • Distance from schools, churches and licensed childcare facilities;

 

  • Size of on-premise signage;

 

  • Location and content of on-premise and off-premise signage;

 

  • Security and surveillance requirements; and are otherwise governed by applicable zoning regulations. 

 

NOW THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas that the amendments herein governing medical marijuana facilities be adopted.

PASSED AND APPROVED this 17th day of July 2017.


__________________________

Ruth Penny Bell, Mayor

ATTEST:

 

 

__________________________

Heather Soyars, City Clerk

 

APPROVED:

 

 

__________________________

George M. Matteson, City Attorney