Medical Marijuana Facilities Must Stay 400 Feet From Neighborhoods Under Draft Rules

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Medical marijuana dispensaries, grow operations and facilities making edible products would be restricted to commercial and industrial zones in Colorado Springs and banned within 400 feet of schools, alcohol or drug treatment facilities or residential child care homes under rules drafted by city planners.

The proposed zoning and land-use regulations will go before the City Planning Commission on Sept. 16. If approved, the proposal could come before the City Council in October, said Steve Tuck, the planner overseeing the drafting of the rules.

“It’s no surprise that there’s been some disagreements,” Tuck said Friday. “We had general consensus with the zoning classifications we proposed. But there’s a lot of disagreement on the 400-foot restriction.”

In drafting the rules, Tuck worked with representatives of the Council of Neighbors & Organizations, or CONO, the Home Builders Association, the Colorado Springs Medical Cannabis Council and members of the drug and alcohol rehab community.

“We suggested spacing rules similar to what the City Council adopted for the pre-application process,” Tuck said. He was referring to an interim ordinance passed in May to allow potential medical marijuana businesses to register and avoid a July 1 deadline to qualify for a state business license under a new state law regulating the industry.

More than 450 pre-applications were filed but only 176 medical marijuana dispensaries and grow operations are currently open in the city. A handful of existing shops would not be grandfathered in by the draft rules, Tuck said, because they are within the 400-foot buffer zones. The same is true of a few in residential areas. All would have to close.

Tuck said the rules his group formulated are designed to accommodate everyone — neighborhoods and existing medical marijuana businesses. But it couldn’t protect all interests.

“Our proposal would put a few (proposed dispensaries) out of business that made a pre-application,” Tuck said.

The 400-foot buffer zone is far shorter than the 1,000-foot buffer proposed by CONO for schools, residential child care centers and alcohol and drug treatment centers.

“We think 1,000 feet is an acceptable sort of distance or setback,” said Dave Munger, president of CONO, an umbrella group for city neighborhoods. Munger also is running for mayor in next April’s election. “We also proposed a 500-foot separation from the nearest residence.”

Munger said he expects CONO will raise its concerns to the Planning Commission. But he stressed that his group was not trying to be obstructionists to medical marijuana facilities.

“What we proposed doesn’t cause a huge disadvantage to the industry or to patients who need it,” Munger said. “We’re just trying to come up with reasonable regulations that provide for effective distribution with a minimum of negative impacts on neighborhoods and their residents.”

While Tuck’s group has drafted zoning and land-use rules, the City Clerk’s Office is drafting rules for how medical marijuana facilities will be licensed, the fees, and other regulations. The draft of those rules will go straight to City Council. They do not need Planning Commission approval, Tuck said.


NewsHawk: MedicalNeed: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Colorado Springs News & Information : Colorado Springs Gazette, CO
Author: BILL VOGRIN
Contact: Contact Us : Colorado Springs Gazette, CO
Copyright: 2010 Freedom Communications
Website:Medical marijuana facilities must stay 400 feet from neighborhoods under draft rules | vogrin, medical, marijuana - Local - Colorado Springs Gazette, CO
 
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