Jacob Bell
New Member
Efforts by the town of Fairfax to amend and adjust zoning to allow additional medical marijuana dispensaries within town limits may backfire under the current proposal.
Following two applications for medical marijuana dispensaries in early fall on Sir Francis Drake Boulevard along the east end of town, the council enacted a temporary six-month moratorium on any new facilities. The council argued that if more facilities wanted to come in to town it would be necessary to develop proper criteria, zoning and requirements. The six months would be used to develop those new guidelines.
“Currently, the town code does not limit the location or number of medical marijuana dispensaries,” said Planning Director Jim Moore.
Both the proposed dispensaries were denied by the Planning Commission in the summer, after exhaustive hearings, based on location and parking issues.
Right now, there is just one dispensary – The Marin Alliance for Medical Marijuana – in Fairfax. However, because Fairfax is the only town in Marin willing to license and permit such facilities, a number of interested parties have inquired about coming into town after the temporary moratorium is lifted.
“We may have quite a rush,” said Moore.
It was the need for competition in the market and the recognition that, as the only welcoming town, Fairfax could easily become a hub for such facilities that led the town to move towards adopting new guidelines
At the town council meeting on Wednesday, Jan. 12, staff presented preliminary guidelines for new zoning rules for where medical marijuana facilities could be located.
Staff proposed that dispensaries only be located within central commercial or highway commercial zoning district, which is essentially around downtown. In addition, staff proposed that dispensaries only be zoned in those areas within the central commercial or highway commercial areas that are not abutting residential areas. In addition, AB 2650, which went into effect on Jan. 1, says that no medical marijuana dispensaries can be located within 600 feet of any public or private school.
“As a result of this law, the number of qualifying sites or parcels…is significantly reduced,” reads the staff report available at right.
In fact, the only parcel or site that meets all the requirements and could host a medical marijuana facility under the proposed guidelines is the Fair-Anselm Plaza.
But, Rich Hall, a partner at LRG Capital, which owns the Fair-Anselm Plaza, said there’s no way a medical marijuana dispensary could come into the shopping center.
“It’s really not even in our court,” said Hall. He explained that existing leases would preclude a dispensary under certain terms and clauses that require LRG Capital “to maintain a family shopping center,” said Hall, which a dispensary “would undoubtedly challenge.”
This may mean the town has to go back to the drawing board.
The fact that Fair-Anselm may not be welcoming of a dispensary was considered at the council meeting on Wednesday night and staff was advised to come up with a contingency plan, which may include looking at zones abutting residential areas or looking at zoning districts besides central commercial and highway commercial.
The proposed regulations would also limit the number of dispensaries to two in town and limit how close the two could be to each other. If only one additional dispensary is allowed -- in addition to the existing one -- there may have to be some kind of lottery or decision process if there is more than one application following the end of the moratorium.
The Marin Alliance for Medical Marijuana at School Street Plaza is actually within 600 feet of St. Rita’s School and so doesn’t comply with the new law, AB 2650, but would be grandfathered in and allowed.
Yvette Wakefield, a Fairfax resident, said she was upset the council was considering a proposal that didn’t offer a viable option for a new dispensary. She also said she had already started a medical marijuana cooperative – that doesn’t have any product on site, but will work to buy medical marijuana in bulk cooperatively.
“I hope you don’t make me illegal,” said Wakefield. “If you deny me the same right [as the owner of the Marin Alliance] then that would be a violation of my constitutional rights. She’s had a monopoly for ten years; we need some change and fairness.”
The proposed guidelines, with additional staff recommendations based on the council input, will go to the Planning Commission, who will make additional recommendations, before it comes back to the town council in March. In March, the council will consider final zoning guidelines and regulations for any new medical marijuana facilities.
News Hawk- GuitarMan313 420 MAGAZINE
Source: sananselmofairfax.patch.com
Author: Kelly Dunleavy
Contact: San Anselmo-Fairfax, CA Patch - Breaking News, Local News, Events, Schools, Weather, Sports and Shopping
Copyright: 2011 Patch
Website: Proposed Medical Marijuana Guidelines Would Limit New Facility to Fair-Anselm
Following two applications for medical marijuana dispensaries in early fall on Sir Francis Drake Boulevard along the east end of town, the council enacted a temporary six-month moratorium on any new facilities. The council argued that if more facilities wanted to come in to town it would be necessary to develop proper criteria, zoning and requirements. The six months would be used to develop those new guidelines.
“Currently, the town code does not limit the location or number of medical marijuana dispensaries,” said Planning Director Jim Moore.
Both the proposed dispensaries were denied by the Planning Commission in the summer, after exhaustive hearings, based on location and parking issues.
Right now, there is just one dispensary – The Marin Alliance for Medical Marijuana – in Fairfax. However, because Fairfax is the only town in Marin willing to license and permit such facilities, a number of interested parties have inquired about coming into town after the temporary moratorium is lifted.
“We may have quite a rush,” said Moore.
It was the need for competition in the market and the recognition that, as the only welcoming town, Fairfax could easily become a hub for such facilities that led the town to move towards adopting new guidelines
At the town council meeting on Wednesday, Jan. 12, staff presented preliminary guidelines for new zoning rules for where medical marijuana facilities could be located.
Staff proposed that dispensaries only be located within central commercial or highway commercial zoning district, which is essentially around downtown. In addition, staff proposed that dispensaries only be zoned in those areas within the central commercial or highway commercial areas that are not abutting residential areas. In addition, AB 2650, which went into effect on Jan. 1, says that no medical marijuana dispensaries can be located within 600 feet of any public or private school.
“As a result of this law, the number of qualifying sites or parcels…is significantly reduced,” reads the staff report available at right.
In fact, the only parcel or site that meets all the requirements and could host a medical marijuana facility under the proposed guidelines is the Fair-Anselm Plaza.
But, Rich Hall, a partner at LRG Capital, which owns the Fair-Anselm Plaza, said there’s no way a medical marijuana dispensary could come into the shopping center.
“It’s really not even in our court,” said Hall. He explained that existing leases would preclude a dispensary under certain terms and clauses that require LRG Capital “to maintain a family shopping center,” said Hall, which a dispensary “would undoubtedly challenge.”
This may mean the town has to go back to the drawing board.
The fact that Fair-Anselm may not be welcoming of a dispensary was considered at the council meeting on Wednesday night and staff was advised to come up with a contingency plan, which may include looking at zones abutting residential areas or looking at zoning districts besides central commercial and highway commercial.
The proposed regulations would also limit the number of dispensaries to two in town and limit how close the two could be to each other. If only one additional dispensary is allowed -- in addition to the existing one -- there may have to be some kind of lottery or decision process if there is more than one application following the end of the moratorium.
The Marin Alliance for Medical Marijuana at School Street Plaza is actually within 600 feet of St. Rita’s School and so doesn’t comply with the new law, AB 2650, but would be grandfathered in and allowed.
Yvette Wakefield, a Fairfax resident, said she was upset the council was considering a proposal that didn’t offer a viable option for a new dispensary. She also said she had already started a medical marijuana cooperative – that doesn’t have any product on site, but will work to buy medical marijuana in bulk cooperatively.
“I hope you don’t make me illegal,” said Wakefield. “If you deny me the same right [as the owner of the Marin Alliance] then that would be a violation of my constitutional rights. She’s had a monopoly for ten years; we need some change and fairness.”
The proposed guidelines, with additional staff recommendations based on the council input, will go to the Planning Commission, who will make additional recommendations, before it comes back to the town council in March. In March, the council will consider final zoning guidelines and regulations for any new medical marijuana facilities.
News Hawk- GuitarMan313 420 MAGAZINE
Source: sananselmofairfax.patch.com
Author: Kelly Dunleavy
Contact: San Anselmo-Fairfax, CA Patch - Breaking News, Local News, Events, Schools, Weather, Sports and Shopping
Copyright: 2011 Patch
Website: Proposed Medical Marijuana Guidelines Would Limit New Facility to Fair-Anselm
