Longview Council Inching Toward Medical Marijuana Garden Rules

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The Longview City Council took a step Thursday toward setting rules for where collective medical marijuana gardens may be established but likely won't adopt new zoning until January.

Although the state legalized the collective gardens in July 2011, the City Council banned them within city limits until it adopts rules for them. In theory, if the council doesn't have an ordinance in place by the time its moratorium on the gardens expires March 22, people could plant medical marijuana gardens anywhere, city staff said.

The Longview Planning Commission, which advises the council, has recommended allowing the gardens in areas zoned light industrial and mixed use commercial/industrial. No one spoke at the Planning Commission's Nov. 7 public hearing regarding a proposed medical marijuana garden zoning code chapter the commission drafted.

Under the proposed zoning code, the gardens couldn't be within 1,000 feet of a youth-oriented facility (such as a school), or parks, churches or residential treatment centers. Gardens would have to be at least 300 feet from homes and could be planted indoors only, within a fully enclosed, solid structure with lockable doors. The gardens could grow marijuana for a maximum of 10 patients and take up a maximum of 150 square feet.

Because the state legislation allowing the gardens conflicts with federal law, the city isn't considering issuing business licenses for the gardens, city Planning Manager Steve Langdon told the council. The only way the city would know about the existence of or plans for a garden would be if someone applied for a building permit, he said.

Council members asked city staff to create a zoning map that shows the location of churches, parks and schools and indicates the required setback distance of the gardens from those facilities.

The council also wants an overlay map showing the city's highest crime areas so it can ensure the gardens aren't sited there.

Longview resident Dan Smith asked the council if anyone knew how many citizens had prescriptions for medical marijuana. Smith also asked if the council had considered that the demand for medical marijuana might drop now that state voters have passed Initiative 502 legalizing recreational marijuana. He didn't get an answer.

The council directed the city attorney to prepare a draft ordinance for medical marijuana garden zoning, saying it will discuss the issue again in January.

Council increases permit fees

The Longview City Council nudged up permit fees Thursday by 1.8 percent, complying with the Lower Columbia Contractors Association's request to make small annual increases rather than a large hike every few years.

Fees for the following will rise 1.8 percent in January: Building, mechanical and plumbing permits, environmental permits, planning permits, fire code permits and electrical permits.

The rate increase is equal to the 2012 inflation rate for the local community, based on the Consumer Price Index.

Councilman Mike Wallin opposed the fee hikes for building code, planning and electrical permits because they affect homeowners trying to make repairs and improvements to their property, he said.

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