Jacob Redmond
Well-Known Member
The Pueblo Board of County Commissioners unanimously approved changes to the county's land use codes for marijuana that officially require buffers between marijuana stores.
The new changes were passed after the board twice extended the public hearing to give staff an opportunity to answer questions over how official certifications of zoning compliance would expire after a store closes its doors.
The regulations now prohibit marijuana stores, whether recreational or medical, from being within 1,000 feet of each other.
They also trigger a special use permit for stores within 250 feet of a residence.
But the commissioners argued briefly over whether the buffer would apply immediately once an existing store closes or whether property owners would have 30 days to find a new tenant.
The discussion over a grace period was largely academic, since no new store licenses will be accepted until 2017.
But Commissioner Terry Hart pushed for eliminating the language, noting that the aim of having the buffer was to address saturation issues, specifically in Pueblo West.
According to a map provided by the county's planning and zoning department, there are three clusters of stores in Pueblo West where the buffer zone would be in play. It would affect 11 stores in the community.
The St. Charles Mesa has the other cluster of stores, five within 1,000 feet of each other.
County Attorney Greg Styduhar said the elimination of the grace period wouldn't have legal consequences, but Commission Chairwoman Liane "Buffie" McFadyen said she still had concerns over private property owners, who had invested large sums of money to retrofit their buildings for marijuana stores, losing out on their investment.
"I understand what the goal is but I feel like we have an obligation to the commercial property owners as well," she said.
A certification of zoning compliance is not tied to the license that allows marijuana stores to operate. Instead, the zoning compliance runs with the property itself.
If an existing store closes for any reason, then the clock would start on the 30 days.
If there was no interruption in service at the location, but a store changed ownership, the buffer issues wouldn't apply.
McFadyen said the 30 days provides enough notice to property owners that the approved land use was set to expire.
Commissioner Sal Pace proposed a compromise by reducing the time limit to 14 days, but that modification was voted down by Hart and McFadyen. Hart proposed removing the language altogether and that motion died for lack of a second.
The commissioners finally voted unanimously to approve the language as it was written, with the 30-day grace period.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Pueblo County has pot buffers | The Pueblo Chieftain
Author: Jeff Tucker
Contact: jtucker@chieftain.com
Photo Credit: None Found
Website: The Pueblo Chieftain: Southern Colorado local news, sports, business, entertainment, opinion, weather, classifieds
The new changes were passed after the board twice extended the public hearing to give staff an opportunity to answer questions over how official certifications of zoning compliance would expire after a store closes its doors.
The regulations now prohibit marijuana stores, whether recreational or medical, from being within 1,000 feet of each other.
They also trigger a special use permit for stores within 250 feet of a residence.
But the commissioners argued briefly over whether the buffer would apply immediately once an existing store closes or whether property owners would have 30 days to find a new tenant.
The discussion over a grace period was largely academic, since no new store licenses will be accepted until 2017.
But Commissioner Terry Hart pushed for eliminating the language, noting that the aim of having the buffer was to address saturation issues, specifically in Pueblo West.
According to a map provided by the county's planning and zoning department, there are three clusters of stores in Pueblo West where the buffer zone would be in play. It would affect 11 stores in the community.
The St. Charles Mesa has the other cluster of stores, five within 1,000 feet of each other.
County Attorney Greg Styduhar said the elimination of the grace period wouldn't have legal consequences, but Commission Chairwoman Liane "Buffie" McFadyen said she still had concerns over private property owners, who had invested large sums of money to retrofit their buildings for marijuana stores, losing out on their investment.
"I understand what the goal is but I feel like we have an obligation to the commercial property owners as well," she said.
A certification of zoning compliance is not tied to the license that allows marijuana stores to operate. Instead, the zoning compliance runs with the property itself.
If an existing store closes for any reason, then the clock would start on the 30 days.
If there was no interruption in service at the location, but a store changed ownership, the buffer issues wouldn't apply.
McFadyen said the 30 days provides enough notice to property owners that the approved land use was set to expire.
Commissioner Sal Pace proposed a compromise by reducing the time limit to 14 days, but that modification was voted down by Hart and McFadyen. Hart proposed removing the language altogether and that motion died for lack of a second.
The commissioners finally voted unanimously to approve the language as it was written, with the 30-day grace period.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Pueblo County has pot buffers | The Pueblo Chieftain
Author: Jeff Tucker
Contact: jtucker@chieftain.com
Photo Credit: None Found
Website: The Pueblo Chieftain: Southern Colorado local news, sports, business, entertainment, opinion, weather, classifieds
