MONTE VISTA—The City of Monte Vista’s Planning and Zoning Commission met Thursday evening, July 13, to continue their work on the proposed zoning ordinances for marijuana facilities.
The ordinances will be presented to council if the ballot question regarding the sale and growth of marijuana products is passed by voters this November. Matthew Martinez, the non-voting member of the commission and liaison to city council, asked the commissioners in attendance, Ruthanna Seger and Barbara Sears, if they had any preferences or thoughts on separating the ballot questions by types of marijuana sales and grow or putting them all into one ballot question, as city council will be discussing this in more detail at an upcoming work session on Tuesday evening. Seger asked if voters would even know what some of the distinctions would mean, like infused products or testing for example, adding that people are likely to just vote all the way down the ballot “yes” or “no” regardless. Sears agreed that one question would be more efficient because the commission has designed enough parameters so “not everything is going to work anyway” within the city if the question passes. Martinez thanked and praised the commissioners for their dedication and hard work on the issue, noting that Monte Vista is the only municipality that has been this proactive in preparing for the effects of the ballot question.
Sears asked City Attorney Karen Lintott for more clarification on a topic brought up at the last meeting, the state requiring marijuana licensing fees being proportionate to liquor licensing fees. Lintott stated she would look into more specifics on that issue but added that shouldn’t apply to one-time special review use fees or first time application fees, and the city has been researching the possibility of raising their fee schedule overall.
Public Works Director Rob Vance provided the commission with Pueblo County’s zoning requirements, highlighting sections that would apply differently to the city of Monte Vista or involved issues which the commission had not yet decided. Vance was acting city administrator over the last few months through much of the commission’s work and City Manager Forrest Neuerburg was unable to attend Thursday’s meeting. The commission reviewed the highlighted sections in Vance’s document.
Commissioners discussed some additional fees, including a change of ownership fee and a late application fee. Sears argued businesses who apply for their license renewal late should have to pay a fee, if not go through the entire special review use application process over again. Martinez stated there was a process that liquor license applicants have to follow and the marijuana business process should be similar. Lintott pointed out the state is very specific in their requirements and a business past a certain window to re-apply, usually 30-60 days, should be immediately shut down and the city could have them reapply for their special review use then. Lintott will investigate further the process for a change of ownership after Sears pointed out that liquor licenses also need clarification. Sears asked if it was legal to charge these fees “if we don’t do it for any other business?” Lintott answered it was permissible to her knowledge and “if we can legally do it, why wouldn’t we do it?” Pointing out the revenue for the city the late application fee should be a deterrent for businesses but would be a way for the city to benefit.
Martinez pointed out another issue that came up in the previous meeting, asking if the city needs to implement any regulations on a foot radius banning alcohol consumption near a marijuana facility, but the commissioners stated they believed that was regulated by the state. Martinez also asked about the blackout curtain issues for grows, which the commission agreed should be a requirement for grow operations that could potentially create light pollution problems. Lintott stated she would include more regulations in the draft ordinance for light pollution. Sears also requested bars be on the inside of windows, not the outside, of marijuana operations to avoid the dispensaries and grows from looking too much like a jail facility or eyesore.
Vance also answered some of the commission’s questions on water usage, explaining users in the city pay based on the size of their tap. Vance discouraged the commission from creating water regulations that would potentially hurt other commercial users, noting the usage of a grow operation wouldn’t be unlike what the city already sees with the parks and schools, but his main concern is the effect on the wastewater lagoon system. Vance stated despite no significant changes in output the lagoon has failed three amoeba tests in a row recently for unknown reasons, making the more vital concern the effect the fertilizers and chemicals will have on the lagoon.
Lintott asked Vance if he thought it would be helpful to take grow operations away from the ballot question entirely but Sears pointed out they could petition to put them on the ballot later. Vance encouraged the commission to consider the possibility of a discharge permit plan, where in order to go through the special review use process a potential grow operation will have to develop a discharge plan and ensure some protections are in place with public works. “Hmm, is that another fee?” Lintott joked, agreeing to work with Vance on the specific requirements and language.
Limiting the number of plants for caregivers was another issue discussed by the commission. They agreed that caregivers who want to grow plants must be owners, not tenants of the properties they grow on. Sears asked “Not that I want it [marijuana] here, but why should we be more limiting to someone who owns a business when everyone can grow a certain number of plants per adult?” Seger asked if caregivers could have plants for that purpose in addition to their personal plants, six mature and six immature plants the state allows. Lintott added she would look into that question and would answer it at the next meeting. The commissioners seemed to lean toward the six mature and six immature plant limit for caregivers as well.
The planning and zoning commission’s next meeting will be Aug. 10 at 6p.m. where the commission intends to provide a final draft ordinance for review.