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About The Siuslaw news. (Florence, Lane County, Or.) 1960-current | View Entire Issue (March 10, 2018)
SIUSLAW NEWS ❚ SATURDAY, MARCH 10, 2018 Land Use from 1A By assuming that marijuana is agriculture, it could fall under Dunes City Code 155.2.1.110(A)(5), which does define agriculture as the growing and raising of trees, vines, shrubs, berries, vegeta- bles, nursery stock, hay, grains and similar food and fiber products. LUBA did accept the pre- sumption that marijuana was agriculture for the purpose of its opinion. “For purposes of this opin- ion we also presume, without deciding, that that is the case (sic),” LUBA’s statement read. The petition argued if that was the case, 245 could act as a de facto amendment of Dunes City’s definition of agriculture, because it pro- hibits a particular plant, mari- juana, from being grown in the R-1 zone. Therefore, it would fall under the jurisdiction of LUBA. “A decision is a land use decision if it either applies, or should have applied, a land use regulation or a compre- hensive plan provision,” LUBA wrote. Even if 245 was not a land use decision, the petition argued, it would still have “significant impact” on pres- ent and future land uses — and therefore qualifies as a significant impact land use Two bedrooms, two bathrooms, plus an offi ce or family room space. Please call to be on the private viewing list. Will be available in April. C al l Call Niki at Today 541-997-8202. decision, which would also fall under LUBA’s jurisdic- tion. LUBA disagreed with a number of points the petition made. First, the petition stated that 245 should have included con- sideration of criteria in the comprehensive plan, but the city is not beholden to that plan, LUBA argued. The city’s comprehensive plan does not establish standards for deci- sion making. “There is nothing in the broad grant of authority that suggests the (state) legislature meant to subject that grant of authority to compliance with local governments’ compre- hensive plans,” LUBA wrote. If the comprehensive plan specifically mentioned mari- juana, it would still not be legally binding — comprehen- sive plans are recommendato- ry, not regulatory. Even if 245 acted as a de facto amendment to Dunes City Code 155.2.1.110(a)(5) regarding agriculture, LUBA argued that 245 as a whole is not a land use issue. “The only standards that apply to the city’s decision to adopt (245) are that standards set out in the [state marijuana statutes], which are not land use standards,” LUBA wrote. “Neither do we think that the exception in the ordinance for existing businesses is a de facto amendment of the city’s zoning code. … The city’s prohibition on marijuana busi- nesses operating anywhere in the city is not an exercise of the city’s planning and zoning responsibilities and is there- fore not a de facto amendment [of the city’s code]. Rather, it is a valid exercise of the authority given the city by the legislature [to regulate mari- juana].” State law allows cities to regulate marijuana manufac- turing and sales. This is the known as the “local option,” which gives governments the authority to adopt ordinances that “prohibit or allow the establishment of any one or more” marijuana businesses described in state law and refer those adopted ordinances to the electors of the city for approval in a statewide gener- al election. Ordinance 245 did not ban agriculture, just marijuana businesses. Because of this, the argument that the ordi- nance is a de facto amendment to the city’s zoning code regarding agriculture is moot because “agriculture” remains a permitted use in the residen- tial zoning district. “We conclude that when a local government acts pur- suant to the authority given it to prohibit some or all mari- juana businesses within its jurisdictional boundaries, review of such a decision by a specialized land use decision review body like LUBA is not appropriate,” LUBA stated. Currently, Caudle has 21 days to make a motion to appeal LUBA’s decision with the Oregon Court of Appeals. It is unclear if she will appeal, and all requests for comments from Caudle by the Siuslaw News have been referred to her attorney, Sean Malone, who has not responded to mul- tiple requests for comment. Even if the decision is Cel 70 ebrat + Y ing ear s! Hoberg’s 7 A appealed and reversed, Dunes City has taken steps to regulate future marijuana businesses, should further entities be allowed to enter the city. Throughout 2017 and 2018, the Dunes City Planning Commission and Citizen Advisory Commission has been drafting regulations regarding marijuana business- es, including how they should be regulated. A final list of regulations was introduced to the city council on Feb. 14, 2018. Councilors voted to put the regulations through an approval process. While the time frame for the process is unknown, Dunes City officials hope that the regulations will be approved soon. If Caudle does not move to repeal LUBA’s decision, and no further legal action is taken against Ordinance 245, the issue will be decided in November by the Dunes City electorate, which is ultimately what city councilors hoped would occur. Buying or Selling? I can help. 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COM Now through March 15 Fundraiser for Senior Center Raffle for five-course prime rib dinner for 10 Tickets $10 Drawing March 15 at noon 541-997-8844 Tax Prep Assistance AARP Foundation Tax-Aide Mondays and Thursdays through April 14 9 a.m. to 2 p.m. Siuslaw Public Library aarpfoundation.org/taxaide March 10 2nd Saturday Gallery Tour 3 to 5 p.m. Various locations around Florence 2ndSaturdayGalleryTour.com “Let the Games Begin!” Rotary Auction 2018 5 p.m. Tickets required Florence Events Center Audition for “A Nice Family Melody Ann Beaudro P RINCIPAL B ROKER Licensed in the state of Oregon 1749 Hwy. 101 Cell: 541-991-2151 Melody@trhunter.com www.trhunter.com TR HUNTER CUSTOM ENGRAVING & CUTTING Gathering” By Last Resort Players 2 to 4 p.m. Open to public Florence Events Center Contact lastresortplayers2@gmail.com or 541-999-9392 March 11 Mapleton Lions Pancake Breakfast Pancakes, sausage, ham and eggs 7:30 to 10:30 a.m. $7 for adults; $3 for age 12 and under Mapleton Lions Club 88148 Riverview Dr. Audition for “A Nice Family Gathering” By Last Resort Players 2 to 4 p.m. Open to public Florence Events Center Contact Judy Kaplan at 541-999-9392, lastresortplayers2@gmail.com March 12 SAPPSA Meeting to Plan Community Events 3:30 p.m. Open to public Siuslaw Public Library. Contact sappsa@oregonfast.net March 13 Us TOO Florence Prostate Cancer Support Group With Dr. Bryan Mehlhaff 5 to 7 p.m. Open to public Presbyterian Church of the Siuslaw 541-999-4239 March 14 Alzheimer’s Association Programs 11 a.m. to 12:30 p.m. — “The Basics: Memory Loss, Dementia, and Alzheimer’s Disease” 1 to 2:30 p.m. — “Dementia Conversations” Open to public Siuslaw Public Library Wine, Chowder & Dancing at March 16 Leprechaun Bingo and Pie Auction 6:30 p.m. — doors open 7 p.m. — games begin Open to public Mapleton Lions Club Last Resort Players present “Funny Money” — The Improvised Game Show 7 p.m. Tickets required Florence Events Center Deluxe Small Business Seminar 8:30 a.m. to 3:30 p.m. Open to public — RSVP required Florence Events Center www.deluxe.com/myflorence March 15 Shorewood Florence Area Chamber of Commerce Business After Hours 5 to 7 p.m. Shorewood Senior Living March 17 Fun with Yoga for Vitality 10:30 a.m. to 3:15 p.m. A fundraiser for candidate Nora Kent Florence Unitarian Universalist Fellowship www.norakent.org Gray Whales of Oregon Presentation by Marine Biologist 541-997-5691 541-361-9080 jmirvis@charter.net Florence, Oregon March 19 The Commanders — Jazz Ensemble 7 to 9 p.m. Free admission — tickets required Florence Events Center Siuslaw Public Library Board Meeting 1:30 to 3:30 p.m. Open to public Siuslaw Public Library March 20 Us TOO Florence Prostate Cancer Support Group With Dr. Roger McKimmy Noon to 1 p.m. Open to public Ichiban Restaurant 541-999-4239 Visit rivercal.org for more calendar events. MM Piano Studio ESTATE JEWELRY AND ANTIQUE FURNITURE!!! Mary Morganti We buy, sell and consign quality estate/heirloom jewelry & furniture. Gold, silver, platinum jewelry with precious & semi precious stones. Auto, Home, Life, Business Flood, Antique Auto, RV’s Medicare Advantage Plans Medicare Supplements Health Insurance Call 541-997-8104, Florence Antiques & Coast Jewelers Phone (541) 997-9497 1234 Rhododendron Dr / Florence CCB# 55030 County Transfer & Recycling Teacher-Pianist Accompanist Commerical • Residential Weekly, Bi-Weekly, Monthly, One Time Pick-Up. Private Lessons in Florence for Ages 6-Adult. Easy curb side recycling program- No additional costs to our customers. 5078 Coastwood Lane Call us at 541-997-8233 FLORENCE Awards • Plaques • Name Badges Gifts • Signage • Glassware Carrie Newell 3 to 4 p.m. Open to public City Lights Cinemas Glass For Every Purpose 1780 Kingwood St. 541-997-8526 Great prices on all top national brands! 685-A Hwy 101, Florence, OR. 541-997-3273 Member MTNA and OMTA Call or Email 520.850.3563 m maryjo3663@msn.com Village Grooming 4981 Highway 101, across Munsel Lake Rd 541-305-5411 Call for appointment
