Colorado – Windsor officials have 75 days to figure out not only how to regulate medical marijuana dispensaries but where to allow them to operate.
The latter may be harder than the former.
A recent discussion among members of the Windsor Town Board and the Windsor Planning Commission generated more questions than answers.
Nearly everyone left the meeting still not knowing what direction they were heading.
"I don't want to do this off the cuff," town board member Michael Kelly said. "I don't know if I even know the questions I want to ask until I have some more answers."
Defining the business
First on the agenda was defining the terms "dispensaries" and "cultivation activities." But "cultivation activities" confused everyone the most.
Under Amendment 20, caregivers are allowed to grow two plants per patient, and those who grow the plants must be caregivers.
Businesses designed simply to grow marijuana plants for the purpose of selling to dispensaries are not allowed.
However, a caregiver could have hundreds of patients, and no one on the board wanted to see someone cultivating acres of plants. In addition, Mayor John Vázquez wanted to know what constituted a commercial grower.
"I think it's pretty simple," planning commissioner David Squicquero said. "If you're growing plants for yourself, it's fine. But if you're growing for others, it's commercial. I don't care if it's one or 100."
But Vázquez didn't agree.
"In my mind, there has to be a number where it's clear you are commercial. (Alcohol Tobacco and Firearms) says it's 300 barrels of whiskey that takes me from a hillbilly moonshiner to a distiller. What is that number for marijuana plants?"
To complicate matters, Windsor has no zoning for agricultural use. So board members are unsure whether they need to put grow operations specifically in an agricultural zone.
Vernon Thomas, a prospective dispensary owner, told board members that marijuana is not grown in a field or farm-type environment. Marijuana is grown indoors using special lamps that stay at specific temperatures.
'I don't know'
Amendment 20 didn't give very clear direction on how medical marijuana should be bought, sold, used or regulated. So board members learned that town attorney Ian McCargar doesn't have a lot of case law to fall back on for answers.
"Can we just not allow them?" Squicquero asked.
"I don't know," McCargar said.
"Will we be opening ourselves up to litigation?" Vázquez asked.
"I don't know," McCargar repeated.
"Can we make the zoning so tight that there is really no place left to go?" Matthew O'Neill asked.
"I don't know," came the answer again from McCargar. "I know I've said this a lot tonight, but I really just don't know."
Where to begin?
Windsor Planning Director Joe Plummer outlined where he thought would be the most appropriate places for the dispensaries. Those were limited industrial areas, heavy industrial areas and general commercial areas. Dispensaries would be off-limits in residential mixed-use areas, which are areas that encompass general commercial, light industrial and residential zones in one master-planned area. Likewise, grow operations would not be allowed in neighborhood commercial areas, which are commercial zones that sit inside major subdivisions.
Plummer also outlined grow operations allowances for limited and heavy industrial areas only, setting off a whole new set of questions.
Setbacks
Limited and heavy industrial areas must be buffered from residential areas by a certain distance. Limited industrial must be set back by 35 feet, while heavy industrial areas must be set back by 150 feet – not nearly far enough for board member Michael Kelly.
"We make adult businesses locate 750 feet from residentially zoned areas, but we're only going to require 35 feet for marijuana dispensaries?" Kelly asked.
After Plummer explained that there would be tighter setbacks than the 35 feet, Kelly still wasn't convinced – by any of it.
"I don't think the citizens of Windsor want it in a general commercial area, either," Kelly said. "We're trying to make this fit like any other business. And this is not like any other business. I'd almost rather put it to a vote of the citizens in April."
Other examples
Planners recommended that dispensaries be allowed no closer than 500 feet to a school or 750 feet from a church, residential area, public park, cemetery, liquor store or other dispensary. Everyone clearly didn't agree with those recommendations.
"What does a cemetery have to do with this?" O'Neill asked.
McCargar gave examples of what other towns and cities have done to restrict locations. In Frisco, for example, there must be 1,000 feet between a dispensary and schools, residential areas and other dispensaries.
Most liked the idea of 1,000 feet but asked staff to bring back more examples so they could compare more data.
Then there is downtown. One dispensary – A New Dawn Wellness Clinic at 520 Main St. – already has opened downtown. It was allowed to stay open during the moratorium, and one thing McCargar was sure of was that it would not be in the board's best interest if it forced A New Dawn to relocate after the moratorium is lifted.
But board members all agreed they don't want more dispensaries in the area of Main Street between 3rd and 7th streets.
So the board came up with another plan. If setbacks of 150 feet from the centerline of Main Street were added and a quarter-mile distance was required between dispensaries, it might be enough to keep dispensaries out of downtown.
"I know I'm not a real fan of having a pot leaf on every other window in downtown Windsor," planning commissioner David Cox said.
Final findings
The town board may find itself extending the moratorium. There was not enough information from staff to make anyone comfortable, and the board asked staff to go back to the drawing board and bring back clearer definitions, specific setbacks and distance requirements, more examples of what other communities have done and a plan that can be tweaked.
"And I don't want to see it for the first time at the first reading," Vázquez said. "I want another work session on this."
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: GreeleyTribune.com
Author: Sherrie Peif
Contact: GreeleyTribune.com
Copyright: Swift Communications
Website:Windsor wrestles with medical marijuana rules
The latter may be harder than the former.
A recent discussion among members of the Windsor Town Board and the Windsor Planning Commission generated more questions than answers.
Nearly everyone left the meeting still not knowing what direction they were heading.
"I don't want to do this off the cuff," town board member Michael Kelly said. "I don't know if I even know the questions I want to ask until I have some more answers."
Defining the business
First on the agenda was defining the terms "dispensaries" and "cultivation activities." But "cultivation activities" confused everyone the most.
Under Amendment 20, caregivers are allowed to grow two plants per patient, and those who grow the plants must be caregivers.
Businesses designed simply to grow marijuana plants for the purpose of selling to dispensaries are not allowed.
However, a caregiver could have hundreds of patients, and no one on the board wanted to see someone cultivating acres of plants. In addition, Mayor John Vázquez wanted to know what constituted a commercial grower.
"I think it's pretty simple," planning commissioner David Squicquero said. "If you're growing plants for yourself, it's fine. But if you're growing for others, it's commercial. I don't care if it's one or 100."
But Vázquez didn't agree.
"In my mind, there has to be a number where it's clear you are commercial. (Alcohol Tobacco and Firearms) says it's 300 barrels of whiskey that takes me from a hillbilly moonshiner to a distiller. What is that number for marijuana plants?"
To complicate matters, Windsor has no zoning for agricultural use. So board members are unsure whether they need to put grow operations specifically in an agricultural zone.
Vernon Thomas, a prospective dispensary owner, told board members that marijuana is not grown in a field or farm-type environment. Marijuana is grown indoors using special lamps that stay at specific temperatures.
'I don't know'
Amendment 20 didn't give very clear direction on how medical marijuana should be bought, sold, used or regulated. So board members learned that town attorney Ian McCargar doesn't have a lot of case law to fall back on for answers.
"Can we just not allow them?" Squicquero asked.
"I don't know," McCargar said.
"Will we be opening ourselves up to litigation?" Vázquez asked.
"I don't know," McCargar repeated.
"Can we make the zoning so tight that there is really no place left to go?" Matthew O'Neill asked.
"I don't know," came the answer again from McCargar. "I know I've said this a lot tonight, but I really just don't know."
Where to begin?
Windsor Planning Director Joe Plummer outlined where he thought would be the most appropriate places for the dispensaries. Those were limited industrial areas, heavy industrial areas and general commercial areas. Dispensaries would be off-limits in residential mixed-use areas, which are areas that encompass general commercial, light industrial and residential zones in one master-planned area. Likewise, grow operations would not be allowed in neighborhood commercial areas, which are commercial zones that sit inside major subdivisions.
Plummer also outlined grow operations allowances for limited and heavy industrial areas only, setting off a whole new set of questions.
Setbacks
Limited and heavy industrial areas must be buffered from residential areas by a certain distance. Limited industrial must be set back by 35 feet, while heavy industrial areas must be set back by 150 feet – not nearly far enough for board member Michael Kelly.
"We make adult businesses locate 750 feet from residentially zoned areas, but we're only going to require 35 feet for marijuana dispensaries?" Kelly asked.
After Plummer explained that there would be tighter setbacks than the 35 feet, Kelly still wasn't convinced – by any of it.
"I don't think the citizens of Windsor want it in a general commercial area, either," Kelly said. "We're trying to make this fit like any other business. And this is not like any other business. I'd almost rather put it to a vote of the citizens in April."
Other examples
Planners recommended that dispensaries be allowed no closer than 500 feet to a school or 750 feet from a church, residential area, public park, cemetery, liquor store or other dispensary. Everyone clearly didn't agree with those recommendations.
"What does a cemetery have to do with this?" O'Neill asked.
McCargar gave examples of what other towns and cities have done to restrict locations. In Frisco, for example, there must be 1,000 feet between a dispensary and schools, residential areas and other dispensaries.
Most liked the idea of 1,000 feet but asked staff to bring back more examples so they could compare more data.
Then there is downtown. One dispensary – A New Dawn Wellness Clinic at 520 Main St. – already has opened downtown. It was allowed to stay open during the moratorium, and one thing McCargar was sure of was that it would not be in the board's best interest if it forced A New Dawn to relocate after the moratorium is lifted.
But board members all agreed they don't want more dispensaries in the area of Main Street between 3rd and 7th streets.
So the board came up with another plan. If setbacks of 150 feet from the centerline of Main Street were added and a quarter-mile distance was required between dispensaries, it might be enough to keep dispensaries out of downtown.
"I know I'm not a real fan of having a pot leaf on every other window in downtown Windsor," planning commissioner David Cox said.
Final findings
The town board may find itself extending the moratorium. There was not enough information from staff to make anyone comfortable, and the board asked staff to go back to the drawing board and bring back clearer definitions, specific setbacks and distance requirements, more examples of what other communities have done and a plan that can be tweaked.
"And I don't want to see it for the first time at the first reading," Vázquez said. "I want another work session on this."
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: GreeleyTribune.com
Author: Sherrie Peif
Contact: GreeleyTribune.com
Copyright: Swift Communications
Website:Windsor wrestles with medical marijuana rules
