NOTICE IS HEREBY GIVEN that the Forest Gove Planning Commission will hold a public hearing on Monday, October 17, 2016, at 7:00 PM or thereafter, at the Forest Grove Community Auditorium, 1915 Main Street, to consider the following proposal:

Proposal: Conditional use approval for an indoor recreational marijuana production facility licensed under Oregon Revised Statutes Chapter 475B

Location: 2336 9th Avenue (Washington County Tax Lot 1S306C00100) Nearest Street Intersection: Elm Street and Ninth Avenue

Applicant: Cold Frame LLC

Owner: Bulu Properties LLC

File Number: 311-16-000185-PLNG

Review Process: Type III (Quasi-Judicial Land Use Decision)

Decision Criteria: Approval of the conditional use permit is subject to meeting the following criteria:

Forest Grove Development Code §10.2.220
(Conditional Use Review Criteria)
A. The proposed use will be compatible with adjacent developments based on characteristics such as site size, building scale and style, setbacks, and landscaping; or
B. The proposed use will mitigate differences in appearance or scale through setbacks, screening, landscaping, and other design features;
C. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, access requirements, neighborhood impacts, and pedestrian safety;
D. Public services for water supply, sanitary sewer, storm water disposal, police and fire protection are capable of serving the proposed use and previously-approved uses;
E. The proposed conditional use will not have significant adverse impacts on the livability of nearby lands due to:
• Noise, glare from lights, late-night operations, odors, and litter; and
• Privacy and safety issues.

Forest Grove Development Code §10.8.1120
(Marijuana Development Standards)
The following requirements apply to marijuana-related wholesaler, processing, producers, and testing laboratories:
A. The facility must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material associated with the facility is prohibited. Views into a production or processing area or testing laboratory from the exterior of a building are prohibited;
B. Public access to a marijuana facility shall be limited to employees, personnel, and persons over the age of 21 legally authorized to conduct business with the operator;
C. All, producers, processors, wholesalers, and testing laboratories shall provide a method to control odors. Such facilities shall install and maintain enhanced ventilation systems designed to prevent detection of marijuana odor from adjacent properties or the public right-of-way. The systems shall include the following features:

1. Installation of activated carbon filters on all exhaust outlets to the building exterior; and
2. Location of exhaust outlets a minimum of 10 feet from the property line; 3 feet from exterior walls; and 10 feet above finished grade; and
3. Maintenance of negative air pressure within the facility; or
4. An alternative odor control system approved by the Building Official based on a report by a mechanical engineer licensed in the State of Oregon, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.

All persons will be given reasonable opportunity to give testimony about this proposal responding to the review criteria. If an issue is not raised in the hearing (by person or by letter) or if the issue is not explained in sufficient detail to allow the City Council to respond to the issue, then that issue cannot be used for an appeal to the Land Use Board of Appeals. If additional documents or evidence are provided in support of the application, any party shall be entitled to a continuance of the hearing. Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. A copy of the report is available for inspection before the hearing at the City Recorder’s Office or by visiting the City’s website at Written comments or testimony may be submitted at the hearing or e-mailed to City Recorder’s Office,, or sent to P.O. Box 326, 1924 Council Street, Forest Grove, OR 97116, prior to the hearing. For further information, pertaining to this proposal, please contact the Community Development Department, PO Box 326, 1924 Council Street, (503) 992-3226 between 9 a.m. and 5 p.m. Daniel Riordan, Senior Planner,

Anna D. Ruggles, CMC, City Recorder
Published: October 12, 2016
Publish 10/12/2016. FGNT15864327