The planning commission looked at zoning code revisions for medical marijuana dispensaries and cultivation facilities, as well as a large-scale development off Sunset Drive during the Thursday, Dec. 21, work session.
Chris Suneson, director of the Community Development Services Department, said it's important to note that state statutes require that dispensaries be regulated equally to pharmacies, with the exception that they must be at least 1,500 feet from churches or schools, while cultivation facilities must be 3,000 feet away.
The city, he said, can restrict this distance further if it chooses, but any zoning designation where a pharmacy is allowed must also allow a dispensary in the same circumstances. So, if a dispensary is to be a conditional use, he said, pharmacies must be as well.
Suneson said that this revision will not be on the regular meeting agenda because it requires notice for a public hearing, for which more time is needed.
Associate planner Sarah Bingham said that, based on the commission's previous input, she doubled the required distance from churches or schools in the proposed revision, to 3,000 for dispensaries and 6,000 for cultivation facilities.
This, she said, would significantly limit the spaces where these facilities could be built. It's important to note, she said, that these buffer zones do not affect anything outside city limits, so a church or school near a border would revert to the state-set buffer zones outside of the city limits.
The commission's chair, Daniel Ellis, said that he liked the prospect of making dispensaries and pharmacies a conditional use. This would allow more latitude and control on the city's part, he said, including hours of operation.
"I think if you look at it on a case-by-case basis," Ellis said. "I don't have a problem with a facility that stays open until 10 o'clock, based on where it is."
Moreover, he said, this gives potential neighbors the opportunity to weigh in on a proposed facility.
Provided the city's legal counsel doesn't have an issue with it, he said, he's also in favor of increasing the buffer zone.
The commission also looked at a large-scale development proposal, to include a 9,400-square-foot building on Sunset Drive.
Suneson said the property is utilizing the Northern triangle of the property, near the intersection of Sunset Drive and U.S. Highway 71.
The project, he said, was initially laid out under the city's since-revised rules, which had smaller setbacks. A variance was granted by the Board of Zoning Adjustments, he said.
City staff, he said, have suggested approval with some minor improvements, expressing only a few concerns, including the need for larger exit pipes for the facility's drainage system.
The structure, he said, will be built on the hillside, with a tall retaining wall and a small space between it and the building.
Commissioner Shawki Al-Madhoun said he wanted to be sure the entrance would be safe for customers and other people using the road. Coming into the driveway from a curve on a steep slope, he said, could prove problematic. He'd like to see a relatively flat entrance, he said, though topography may present difficulties.
"We don't want to create a new hazard," he said.
The commission also looked at a lot split in the planning area on Howland Road and looked at proposed amendments to the city's regulations on accessory structures, on which the commission is expected to report back to the city council by March.
General News on 12/27/2017