Sean C. Morgan
Sweet Home planning commissioners were divided Monday night about restricting medical marijuana dispensaries in commercial zones near residential zones.
The City Council last month turned down a proposed moratorium on medial marijuana dispensaries and then asked the Planning Commission to consider restricting how close to residential zones dispensaries may open.
State law prohibits them within 1,000 feet of a school and residential zones, said Carol Lewis, planning consultant. They’re permitted in commercial and industrial zones. They also may be allowed in recreation commercial zoning. Property in that zoning, mostly the north edge of Sweet Home between 18th Avenue and Foster north of the railroad tracks, is under a master plan that does not include any dispensaries.
A map of restrictions under state law limit them to the downtown area and Main Street between 23rd Avenue and Clark Mill Road, the Midway area and Foster. A 150-foot buffer zone would restrict many of the properties, while a 300-foot zone would reduce the number of properties eligible for a dispensary to about 24.
They also may not be located within 1,000 feet of each other, Lewis said. She estimated that Sweet Home could fit perhaps three, while Planning Commissioner James Goble thought there might barely be room for up to five.
The commission discussed the subject during its regular meeting on Monday evening.
Commissioner Eva Jurney said she is of two minds on the subject but supported a 300-foot buffer between dispensaries and residential zones.
“I think from a business standpoint, no restrictions would be acceptable, however this is a very complicated subject, and there are a lot of things we don’t know yet,” Jurney said. “I would rather err on the cautious side, limiting the options available.”
Commissioner Lance Gatchell said he would rather err on the side of the property owners and didn’t think 300 feet was a good idea. He suggested a compromise of 150 feet and said he would prefer to hear from the public.
Commissioner Anay Hausner said she didn’t think the city should impose any restriction.
Commissioner Ned Kilpatrick agreed.
Although he’s always for economic growth, Goble favored a 300-foot buffer zone. He didn’t think dispensaries should open next to residences. That leaves room for a business to come into Sweet Home and room to adjust down the buffer zone. He thought the city should seek public input, perhaps an old-fashioned town hall.
Commissioner Greg Stephens said the buffer should be at least 300 feet or even 500 feet, which would possibly prohibit them entirely.
“Most businesses, I would say come to town, anything, but we don’t need this kind of business, period, for the children to be around,” Stephens said.
Chairman Henry Wolthuis said he supported a 300- to 500-foot buffer zone – or 15 miles. He said he’d like to see more public input.
City committees make decisions that don’t necessarily reflect the community’s values, and he thinks public input might be surprising.
Right now, if someone showed up at the planning or building office, the city would tell him to go ahead and start building, Lewis told the commission, but the dispensaries must go through a $4,000 licensing procedure with the state and install expensive surveillance equipment to meet state requirements.
In other business, the commission:
n Approved a 2-year extension for the Santiam River Club Phase One Subdivision.
The subdivision is part of a master plan on 305 acres of property between Clark Mill and Foster and between the railroad tracks and South Santiam River. Phil Ordway and Troy Cummins are among investors in the project.
The Planning Commission approved the first subdivision of higher-end housing, primarily second homes, in 2006. The subdivision included 66 lots on 63 acres.
The Santiam River Development Company halted development of the subdivision in May 2007 due to increasing concerns about worsening market conditions, Ordway said. The first phase subdivision plat was nearly ready to record. Engineering was complete, and the city engineering group had only a few remaining concerns to be addressed by the developer’s engineers.
The commission approved a two-year extension in 2008 and then again in 2010 and 2012.
“We would like very much to avoid having to restart the plat approval process from the beginning,” Ordway said. “We want to be in a position to move quickly once market conditions warrant. In the meantime, our investors remain firmly committed to the project, have substantially reduced debt levels on the project and continue to appreciate very much the cooperation we have received from the city to date.”
Santiam River Development has developed interest from new investors and he hopes construction can start by spring 2015.