Pubdate: Thu, 02 Dec 2010
Source: Peoria Times, The (AZ)
Copyright: 2010 The Peoria Times
Contact: http://www.peoriatimes.com/site/forms/?mode=letters
Details: http://www.mapinc.org/media/5223
Website: http://www.peoriatimes.com/
Author: Carolyn Driver

CITY TO REVIEW MEDICAL MARIJUANA ORDINANCE

Dec. 7, City Council will have a study session to review the new state
law that legalizes medical marijuana and discuss the city's proposed
zoning regulation. The new law was approved by voters Nov. 2 in a
statewide election.

Dec. 16, Peoria Planning and Zoning Commission will review the
proposed zoning regulations for medical marijuana.

Jan. 18, the City Council will make a final determination with regards
to the proposed zoning regulations.

Those are the words from the city's planning and community development
department.

The city looked at a medical marijuana model ordinance drafted by the
League of Arizona Cities and Towns, and City Attorney Steve Kemp said
that was a starting place. But, there were also other cities in
Arizona, California, Montana and Colorado that were studied.

"We looked at problems they have had and make sure we address those
issues as well," Kemp said.

"For example," he said, "in California, one of the issues they found
is parking was a significant issue, and so, we made sure as part of
our due process, we want to make sure there is adequate parking for
the dispensary facilities. People tended to come to these facilities
by car, so as a result, everybody's coming to this facility and drive
to it, parking, doing their shopping.

"So, we looked at those types of things. Obviously, we wanted to make
sure they were compatible with other uses. For example, one of the
experiences in talking with some other states, marijuana is rather
odoriferous. So, make sure (there is) ventilation or just how the
facility is located, we want to make sure it's compatible with other
uses. We're actually looking at where these will be provided (and
they) will have to be done by a conditional use permit."

Marijuana dispensaries would be allowed in some of the city's
commercial districts and under the CUP process, much like a payday
loan or pawn shop, Kemp said. The proposed dispensary owner would
apply for a CUP and the city would determine if the facility was
compatible with other adjacent uses.

"We are proposing within the draft that the dispensaries be limited to
retail sales," Kemp said. "They could not do cultivation or
manufacturing. What we're trying to do is keep them separate
altogether. We do not want them together. We don't want, in essence,
the cultivation and retail sales occurring in the same place."

A city staff committee has been working several weeks on the
ordinance, Kemp said, involving different departments looking at
various issues.

"This is one of those items where there's a number of issues that
really require a lot of persons with different expertises to look at,"
Kemp said. "Planners, law enforcement, building and safety officials,
lawyers. In cultivation facilities, there are hydroponics, so we had
fireworks issues.

"To look at this, this is something we recognize it is something new
we have not had to address before, so it's something (where) we wanted
to make sure we were addressing different items so we could make sure
we have an ordinance that addresses different issues.

We attempted to draft an ordinance that we feel has covered all the
bases."  
- ---
MAP posted-by: Jo-D