Jacob Bell
New Member
Goodyear's plans to regulate medical-marijuana dispensaries are up in smoke after the City Council struck down proposed zoning rules.
Goodyear's zoning ordinance does not have restrictions for marijuana dispensaries, and staff members have proposed that they be permitted in commercial and industrial districts.
At Monday's meeting, council members rejected a new ordinance and called for a work session to discuss security standards and secondary effects dispensaries can create in communities. On Jan. 24, the city staff will present a revised ordinance.
Cities across Arizona are scrambling to set regulations before the state Department of Health Services completes a final draft of rules for the implementation of Proposition 203, due by April 13. The agency will then review applications from people who want to use medical marijuana or operate a dispensary. The dispensaries could be operational by sometime this summer.
Initial suggestions
The city has identified nine existing buildings and 37 zoning sites where dispensaries can potentially locate, said Joe Schmitz, Goodyear's planning manager.At-home cultivation would not be allowed within city limits if a dispensary locates in Goodyear. State law prohibits citizens from cultivating if a dispensary is within 25 miles.
The city staff's proposal included:
- Applications for a medical-marijuana dispensary would be reviewed and approved by the city's Community Development Department before zoning permits are issued.
- The Goodyear sites must be at least 1,000 feet away from schools, places of worship, child-care centers, libraries and community centers. The facilities must have 2,000 feet of separation between other medical-marijuana dispensaries and any substance-abuse treatment facility.
- All dispensaries in Goodyear must be in permanent buildings and would operate between 8 a.m. and 7 p.m. Outdoor waiting areas, drive-through services and off-site delivery of medication would be prohibited.
- The ordinance would go into effect immediately upon council approval.
Council reactions
Several council members said the ordinance still has loose ends to tie up.
"I would like to see something that prevents medication from being taken in and out of a building without going through prescription protocol," Councilman Frank Cavaliere said after the meeting.
Cavaliere opposed suggestions made for a single entrance in and out of dispensary buildings, citing fire hazards.
Councilwoman Joanne Osborne said wording in the ordinance was vague in terms of security. Osborne said theft was a concern, particularly if access parameters to buildings aren't defined.
"Here's my key; there is the lock. That is not security," Osborne said.
Vice Mayor Joe Pizzillo said despite zoning restrictions children could still be exposed to dispensary sites because some commercial areas have stores that cater to children, such as skateboard shops and toy stores.
Councilman Gary Gelzer, who was recently appointed to temporarily fill a council vacancy, said the ordinance protects citizens without imposing unreasonable restrictions on dispensaries.
"Let's not put draconian regulations on this. If we restrict to the point where we leave no opportunity for dispensaries we open ourselves to litigation," Gelzer said in a phone interview.
He added that input from police and fire officials is needed for adequate security rules.
How much can city regulate?
Under state law, cities, towns or counties can enact zoning regulations to limit the use of land for medical-marijuana dispensaries to certain areas.
"We believe that this grant of authority clearly gives the city the right to craft zoning regulations and policies that will locate these businesses in appropriate areas of the city while also minimizing some of the negative secondary effects experienced in other states in conjunction with the location of these types of business," City Attorney Roric Massey said.
Massey said the city is still reviewing security requirements, separation rules and appropriate zoning classifications for dispensaries.
News Hawk- GuitarMan313 420 MAGAZINE
Source: azcentral.com
Author: Eddi Trevizo
Contact: Contacting The Arizona Republic
Copyright: Copyright © 2011, azcentral.com. All rights reserved.
Website: Goodyear delays rules for medical-marijuana dispensaries
Goodyear's zoning ordinance does not have restrictions for marijuana dispensaries, and staff members have proposed that they be permitted in commercial and industrial districts.
At Monday's meeting, council members rejected a new ordinance and called for a work session to discuss security standards and secondary effects dispensaries can create in communities. On Jan. 24, the city staff will present a revised ordinance.
Cities across Arizona are scrambling to set regulations before the state Department of Health Services completes a final draft of rules for the implementation of Proposition 203, due by April 13. The agency will then review applications from people who want to use medical marijuana or operate a dispensary. The dispensaries could be operational by sometime this summer.
Initial suggestions
The city has identified nine existing buildings and 37 zoning sites where dispensaries can potentially locate, said Joe Schmitz, Goodyear's planning manager.At-home cultivation would not be allowed within city limits if a dispensary locates in Goodyear. State law prohibits citizens from cultivating if a dispensary is within 25 miles.
The city staff's proposal included:
- Applications for a medical-marijuana dispensary would be reviewed and approved by the city's Community Development Department before zoning permits are issued.
- The Goodyear sites must be at least 1,000 feet away from schools, places of worship, child-care centers, libraries and community centers. The facilities must have 2,000 feet of separation between other medical-marijuana dispensaries and any substance-abuse treatment facility.
- All dispensaries in Goodyear must be in permanent buildings and would operate between 8 a.m. and 7 p.m. Outdoor waiting areas, drive-through services and off-site delivery of medication would be prohibited.
- The ordinance would go into effect immediately upon council approval.
Council reactions
Several council members said the ordinance still has loose ends to tie up.
"I would like to see something that prevents medication from being taken in and out of a building without going through prescription protocol," Councilman Frank Cavaliere said after the meeting.
Cavaliere opposed suggestions made for a single entrance in and out of dispensary buildings, citing fire hazards.
Councilwoman Joanne Osborne said wording in the ordinance was vague in terms of security. Osborne said theft was a concern, particularly if access parameters to buildings aren't defined.
"Here's my key; there is the lock. That is not security," Osborne said.
Vice Mayor Joe Pizzillo said despite zoning restrictions children could still be exposed to dispensary sites because some commercial areas have stores that cater to children, such as skateboard shops and toy stores.
Councilman Gary Gelzer, who was recently appointed to temporarily fill a council vacancy, said the ordinance protects citizens without imposing unreasonable restrictions on dispensaries.
"Let's not put draconian regulations on this. If we restrict to the point where we leave no opportunity for dispensaries we open ourselves to litigation," Gelzer said in a phone interview.
He added that input from police and fire officials is needed for adequate security rules.
How much can city regulate?
Under state law, cities, towns or counties can enact zoning regulations to limit the use of land for medical-marijuana dispensaries to certain areas.
"We believe that this grant of authority clearly gives the city the right to craft zoning regulations and policies that will locate these businesses in appropriate areas of the city while also minimizing some of the negative secondary effects experienced in other states in conjunction with the location of these types of business," City Attorney Roric Massey said.
Massey said the city is still reviewing security requirements, separation rules and appropriate zoning classifications for dispensaries.
News Hawk- GuitarMan313 420 MAGAZINE
Source: azcentral.com
Author: Eddi Trevizo
Contact: Contacting The Arizona Republic
Copyright: Copyright © 2011, azcentral.com. All rights reserved.
Website: Goodyear delays rules for medical-marijuana dispensaries
