CITY ASKS RESIDENTS FOR MEDICAL MARIJUANA ZONING SUGGESTIONS

Community Groups Asked for Input As City Prepares for Prop. 203

Encanto Village Planning Committee members seemed hesitant to discuss
medical-marijuana dispensaries.

The city is attending community meetings to get ideas about what
restrictions to impose if voters next month approve Proposition 203,
also known as the Arizona Medical Marijuana Act.

City Planner Joshua Bednarek gave a brief description of Prop. 203 and
explained that while the state health department would approve
dispensary, cultivation and patient applications, municipalities can
determine "reasonable" zoning restrictions. The city is not taking a
position, said Bednarek, adding that city officials are just trying to
be prepared.

"We're asking for your input because you live in, and are familiar
with these neighborhoods," Bednarek said.

If the initiative passes, the state would have to draft the
administrative code, and municipalities would have to get input from
residents, then draft and vote on zoning changes within 120 days.

Will Humble, Arizona Department of Health Services director, said if
the proposition passes, before approving an application to grow or
sell marijuana for medical use he would review existing zoning laws.

"That puts cities and counties in a position where they've got to get
on board right now to put zoning in place in case it passes," Humble
said. "(If they don't) they can end up with a marijuana dispensary
next to a church or something."

Debra Stark, an executive assistant to City Manager David Cavazos,
said if the proposition passes, the city would have to adopt zoning
changes by March 1.

The 21 members seemed unwilling to participate in a zoning discussion
regarding medical-marijuana dispensaries.

Sitting in the Phoenix College Willo Conference room, Dan Carroll and
Laura Pastor, both appointed by Phoenix Mayor Phil Gordon, suggested
the committee wait until after the Nov. 2 election to discuss the
issue. Committee member Michael Remedi asked that city staff create a
packet of zoning suggestions for members to review and approve. Other
members asked for a copy of the 35-page proposition, which is
available online.

Matthew Jewett asked why he should approve expanding a zoning category
that may allow a dispensary in his neighborhood.

"I'm trying to get my mind around what the fear is," Jewett said. "Are
we afraid of having someone cultivating (marijuana)?"

New member Alejandro Chavez said Phoenix must learn from other cities'
mistakes and asked about zoning regulations in California, New Mexico
and Colorado.

"They're another small business and we have to look at them as a small
business," Chavez said. "But San Francisco wasn't on top of it and
they have dispensaries every two or three doors on the street."

Zoning categories have different development standards and design
guidelines based on permitted uses for a property. Each category has
entitlements and restrictions, with some requiring a more extensive
city approval process. In Phoenix, businesses such as tattoo parlors
require a special permit. Restaurants with outdoor dining require a
use permit, meaning a public hearing is necessary before a business
license is granted. Others, such as payday-loan businesses, are
limited by number per mile.

Some members suggested applying the same guidelines as liquor stores,
limiting the hours of operation or number of occupants in a facility.
Bednarek wrote down the few suggestions committee members offered.