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
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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.
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Fundraiser for Senior Center
Raffle for five-course prime rib dinner
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Tickets $10
Drawing March 15 at noon
541-997-8844
Tax Prep Assistance
AARP Foundation Tax-Aide
Mondays and Thursdays through April
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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
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1749 Hwy. 101
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CUSTOM ENGRAVING
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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
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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.
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FLORENCE
Awards • Plaques • Name Badges
Gifts • Signage • Glassware
Carrie Newell
3 to 4 p.m.
Open to public
City Lights Cinemas
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1780 Kingwood St.
541-997-8526
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541-305-5411
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