Pubdate: Wed, 07 Jul 2010
Source: Canon City Daily Record (US CO)
Copyright: 2010 Royal Gorge Publishing Corporation.
Contact:  http://www.canoncitydailyrecord.com/
Details: http://www.mapinc.org/media/3387
Author: Charlotte Burrous

COUNCIL APPROVES MEDICAL MARIJUANA ZONING

Dispensaries Only Will Be Permitted In Commercial, Industrial 
Districts In The City

After considering three options of an ordinance, the Canon City 
Council approved on first reading to designate medical marijuana 
centers by permitted uses in only the commercial and industrial zone districts.

"Last November, the Planning Commission was asked to consider a 
recommendation that would allow for medical marijuana dispensaries to 
be located at various parts of the city," said City Attorney John 
Havens during the city council meeting Tuesday.

The commission recommended not to allow the centers to be in 
residential areas but the central business district and general 
commercial district so law enforcement could keep an eye on the 
activities. Later, industrial zones also were included in the 
discussion. But grow areas and the sizes of grow operations were 
still under consideration.

"The recent legislation by the Colorado General Assembly by statute 
has clearly authorized grow operations," Havens said. "It seems the 
exclusion by the Planning Commission of industrial districts perhaps 
doesn't fit anymore."

During the public hearing, Lauren Maytin, an attorney in Pitkin 
County representing Callox, LLC, said she and her clients supported 
Ordinance 19 alternate A or alternate B, which permits medical 
marijuana centers to be in general commercial and central business 
zone districts.

"We agree with the work done by Planning Commission that previously 
weighed in on the facilities that general commercial and central 
business zone districts were appropriate," she said. "Your Planning 
Commission's recommendation, to my understanding, has been given 
great weight. We ask you to follow that recommendation."

Prior to this, Callox purchased a building in the 400 block of Main 
Street because it is a medical clinic, a professional building, has 
off-street parking and does permit secondary use to house employees 
for security.

"408 (Main St.) in the central business district is a beautiful 
building," Maytin said. "It's a clean building, providing an orderly 
safe environment for the medical marijuana patients of Canon City. 
Providing the community with a clean, safe, comfortable environment 
to get their medication helps shed the stigma of this important medicine."

Debbie and Clyde "Rusty" Lake, of Classic Furniture, which is located 
directly across from a center in the 500 block of Main Street, oppose 
the location of a second marijuana dispensary in the downtown area.

During the day, Debbie said, she hears from local citizens and 
tourists, asking what it is and why it is in the downtown area.

"So far, this thing has cost us a half-day business because of a bomb 
scare," Rusty said. "We had a burglary, which causes us great concern 
for our area. For the same reason you don't want it in your 
residential areas, we don't want it in our downtown area."

He said numerous business owners are not happy with the center being there.

"It is a major issue," Rusty said. "I believe, we as a city need to 
have a right of referendum. ... I ask you to exclude medical 
marijuana facilities from our downtown district because it's not what 
we want for our downtown Canon City. I hope you'll consider the 
impact this will make on our downtown area."

Callox co-owner Alexander Coleman said he had a petition with 26 
business owners supporting his facility, including barber shops, 
attorneys, a vacuum shop, restaurants, bars and cafes.

After more discussion, the council approved the first option of Ordinance 19.

In other business, the council made the following decisions:

- - Approved an ordinance for zoning property that was annexed into the 
city, which New Horizons Ministries owns.

- - Approved an ordinance on second on second reading regarding 
negotiated fees for water taps.

- - Approved a resolution establishing guidelines with respect to 
negotiated adjustments to non-residential water tap fees.

- - Approved an ordinance on second reading establishing regulations 
for the licensure of medical marijuana facilities.
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MAP posted-by: Keith Brilhart