After wading through the weeds for months, the Durango City Council gave initial approval to new retail and medical marijuana rules scheduled to take effect July 1.
The ordinances the council, absent Councilor Dean Brookie, approved Tuesday night need a second vote for final approval.
The biggest issue was whether to allow retail pot stores in mixed-use residential and commercial neighborhoods. It was an amendment to the new land-use development code.
On Monday, the Durango Planning Commission unanimously recommended allowing marijuana establishments in mixed-use neighborhoods after Acme Healing Center at East Third Avenue and College Drive protested the proposed ban raised by the council May 20. While the commission approved recommending changing the draft land-use development code, the City Council had the final say.
All medical marijuana dispensaries in the city are expected to get first dibs July 1 at converting to retail or having both medical and retail businesses at one location. Anyone can apply for a license next year. Company representatives and their attorney made the case that the ban would leave them at a competitive disadvantage from other local dispensaries.
“We’re responsible in how we run our business,” said David Niccum, general manager of Acme. “When we found out there was a parking issue, we were proactive, and we got a parking lot.”
Parking and traffic were a couple of points that residents opposed to retail marijuana shops in the mixed-use neighborhoods brought up as problems. Some residents suggested Acme relocate if it wanted to do retail or find another location for a retail store.
“It’s about a business that’s going to be booming in an area that can’t support that much traffic,” resident David Tart said. “There’s going to be lots and lots of money made and lots of traffic.”
Resident Mike Todt said he was worried that allowing retail would expose kids to the drug and its harmful effects.
“Marijuana is not a harmless drug by any means,” he said.
Councilor Dick White said banning marijuana in mixed-use neighborhoods also would affect Rocky Mountain High, a dispensary in Ptarmigan Center off East Animas Road (County Road 250), which also is zoned mixed-use.
“I have trouble when I really sit back and try to rationalize a solid explanation for why I would vote ‘no,’” he said. “I come back to the fact that what’s left here is that we’re singling out a particular kind of business because it’s new.”
Retail in mixed-use neighborhoods was approved by a 3-1 vote, with Councilor Christina Rinderle against. She also voted against allowing retail marijuana in mixed-use neighborhoods as an amendment to the retail marijuana ordinance but voted to approve the ordinance.
“My feeling is that the potential costs of allowing retail marijuana in the mixed-use neighborhoods and our already vibrant Central Business District outweigh the possible benefits,” she said.
Mayor Sweetie Marbury said councilors were trying to do the best they could to make the best decision for the community.
“This is what I’ve learned on City Council: You can’t make anyone happy,” she said. “That’s really the way I feel right now.”
The other related marijuana ordinances, including city fees, medical marijuana rules and giving the Durango Local Licensing Authority oversight over the permitting process, also passed, but they must be voted on again.
smueller@durangoherald.com
