The decision standard is that text amendments shall be reviewed for consistency with the purposes of the Zoning Code, the Comprehensive Plan, and the interests of the City of Oakwood as a whole.

Mrs. Hilton asked if the Oakwood Board of Health has been involved with any discussions related to this.

Mr. Jacques explained that if the issue was related to medical marijuana use, the Oakwood Board of Health would have been involved, but since the issue is strictly related to zoning, it is not.

City Council thanked Mr. Jacques for his presentation and added that it was very well done.

Mr. Jacques explained why the additional words of “on the premises” were added after the Planning Commission recommended this for approval. He shared that the words were added for clarification due to a number of medical offices or financial institutions that may advise patients or customers that are taking or involved with medical marijuana. The point of this ordinance is not to discourage these types of activities, but to affect the ability of dispensing on the premise.

Mayor Duncan asked for the specific reasons that the Planning Commission voted 4-0 to recommend prohibiting this.

Mr. Jacques read the Planning Commission’s findings of fact. He shared that the Planning Commission found 1) Medical marijuana facilities are incompatible with the residential character of Oakwood; 2) Medical marijuana facilities are not in the interest of the city due to a lack of state regulations and safeguards; 3) Security concerns and possible negative secondary side effects; and, 4) Medical marijuana remains illegal under federal law.

Mayor Duncan asked if the Planning Commission’s security concerns were related to the lack of banking options.

Mr. Jacques confirmed yes. He explained that one of the Planning Commission members also shared concerns of people loitering outside the establishments looking for handouts, or wanting people with legitimate recommendations to buy for them.

Public Hearing. Mayor Duncan opened the public hearing.

Mr. Erik Greathouse, 509 Volusia Avenue, asked Council to use caution on this proposed ordinance. He recommended taking the action of a moratorium like some other local cities. There are still a lot of unknowns with the rules and regulations, and just in the last week there have been some changes. He said that as he understands it, Council does not even need to take action at all. If someone wanted to open a facility in Oakwood, they would need to get a permit from the City. Mr. Greathouse asked if anyone has even shown interest at this point to open a medical marijuana facility in Oakwood.

Mr. Jacques answered that no one has expressed interest that he is aware of. He also clarified that Oakwood does not require a permit to open a business, only an occupancy certificate. The concern is if someone established a retail use shop, and then becomes an approved dispensary once the state guidelines come out, the City would be hard-pressed to prevent this from happening, unless there was already a law in place.

Mr. Greathouse again shared that the application process for both the cultivators and the dispensaries, which are still evolving, require city approval at the beginning of the application process.

Mr. Jacques explained that there would still need to be a process in place in order for Oakwood to deny a request. There is no current legal mechanism for the City to approve or disapprove, under the scenario Mr. Greathouse shared.

Mr. Greathouse again asked Council to take caution with this proposed ordinance and take time to see what the rules will actually be. He added that he would hate for the City to lose potential tax revenue.

Mrs. Christine Urquhart, 119 Lookout Drive, asked Council, before making any decisions, to consider the children of Oakwood and to consider that the Oakwood Schools are a key asset to the community. She supports the prohibition.

Mrs. Ellen Walters, 474 Lookout Ridge, shared that Oakwood is a residential community and medical marijuana dispensaries are not needed in Oakwood.