January 15, 2014
The city has started wrestling with the question of where to allow recreational marijuana businesses.
It has an interim moratorium related to marijuana sales in place as it works to determine where best to allow the marijuana producers, processors and retailers.
The state has stringent limitations on the location of marijuana businesses as well as their operations, security, advertising and a variety of other elements, according to the city memo. However, it does not address requirements for individual jurisdictions, such as specific use zones. City staff last week asked members of the Planning Commission for feedback on compiling local rules.
Along with where the city should allow the businesses, city staff also asked planners for their thoughts on whether the city should allow outdoor grow operations and, if so, under what circumstances, whether it should allow portable grow operations, and whether it should allow a marijuana smoking parlor, similiar to a private club.
At the meeting last week, Don Measamer, building official/assistant planning director, said the city has 3 options: do nothing, prohibit marijuana businesses, or regulate them. He said it opens up the city to potential litigation if it is prohibited, and businesses could locate more places if the city does nothing.
“Having regulations in place would at least help guide where these businesses are,” he said.
The state requires a minimum separation of 1,000 feet from schools, playgrounds, recreation centers, childcare centers, public parks, public transit centers, libraries, and any game arcade, not restricted to 21 and older.
Staff recommends the city regulate recreational marijuana businesses separately from the marijuana collective gardens regulations already adopted. Measamer noted the state may change its current rules for collective gardens.
He told planners marijuana businesses resemble uses currently permitted in the light manufacturing (LMI) and heavy manufacturing (HM) zones.
Most planners agreed the zoning areas in the city make sense.
Planning Commission member Sheri Muntean said she’s concerned about the possibility of people trying to protect their grows, potentially with firearms.
She asked staff to make sure there is a buffer with any residential zones adjacent to LM1 zones for public safety. She also suggested the city consider having them a distance from public walking and biking trails.
Commission member Allen Rhoades said he doesn’t want to see any outdoor grows because he doesn’t think they can be controlled enough for public safety. He also doesn’t want to see portable grows allowed.
“This is a relatively new industry that needs to be watched,” he said.
He suggested the city’s Willette Business Park might be an option for these businesses. As the landlord, the city could include lease requirements that could make it easier to deal with violations than it would be through another leaser.
“You’re looking for tenants for that business park anyway,” Rhoades said.
Muntean agreed that not allowing outdoor grows would be wise and, given the public safety issues with portable grows, those should be prohibited too.
Commission member Cory Ertel said he’d prefer not to have these businesses in the city limits at all. That being said, he understands an initiative passed. He said there is a potential for conflict between state and federal laws and the city is in an awkward spot. “If this this body and the City Council is intent on zoning for these types of businesses I agree with the recommendation,” Ertel said.
Commission member Marty Laumbattus noted an indoor grow can be high-cost due to electricity needs. He said he can see people wanting to grow outdoors and he said the city should have a provision for that, but it needs to require the places to be secure.
Commision member Christina Hansen questioned whether any other jurisdictions have encountered the idea of a smoking club.
Measamer said he would ask around. The idea was presented to him 2 days before the Jan 8 Planning Commission meeting.
Laumbattus said he’d be in favor of banning smoking clubs in the city limits.
Ertel asked what the risk is to the city, since marijuana is still illegal at the federal level.
Measamer said the city is talking with its insurer.
“It’s a little bit gray. It’s a little bit vague.”
City staff will bring back a draft ordinance in the future along with information about the city’s risk from a federal perspective.
At the meeting, Measamer said the state is one to two months behind in processing applications.
The state updated its list of businesses that have applied for state licenses to produce, process or sell marijuana on Jan. 7. There are 23 applications in Anacortes, WA.
-Anacortes American
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After reading about the Anacortes City Council debate, I have to wonder how other city councils have responded. Have any banned weed from their cities? They have every right to do so.