Three disclosures:
• I am a consultant to Zeppelin Development, owners of the 20-acre TAXI site in Denver’s River North.
• I believe adult possession of less than one ounce of marijuana should be decriminalized and regulated by federal, state and local government.
• I served on the task force creating Denver’s new zoning code.
Now, to the point of this column: The task force never anticipated that the six-month window (slamming shut this January) allowing property owners to opt between current zoning and the new code might translate to large marijuana-growing operations sprouting in locations long envisioned as areas of change. The new code, Blueprint Denver and neighborhood plans identified these under-utilized industrial districts as vibrant, mixed-use, transit-adjacent, urban neighborhoods. The proliferation of large “grows” — without public notice, spacing limitations or buffers from residences, schools, churches and childcare facilities — mocks this vision.
There are other unintended consequences of Denver’s attempts to comply with House Bill 1284. The bill that regulates medical marijuana recognizes three classes of local marijuana licensing: centers (retail dispensaries); infused product manufacturers; and optional premises cultivation (large grow operations).
Though there are numerous contradictions in HB 1284, Denver is jumping full bore into creating a regulatory framework for the cultivation and sale of medical marijuana. On Oct. 25, the City Council will hold a public hearing and final vote, allowing medical marijuana cardholders to grow six plants at home with a total of 12 if more than one cardholder occupies the residence. Following ample public input and discussion, this bill is a good compromise.
On the other hand, a proposal regulating the licensing of optional premises cultivation (large grow houses) is troubling. Denver zoning officials are permitting marijuana grow operations as a legal use (plant husbandry) in industrial-zoned buildings, despite the absence of business licensing regulations. These facilities are springing up, virtually unregulated by the city or state.
The council must consider the impact of this policy on emerging neighborhoods. In addition to River North, these areas of change include industrial-zoned parcels adjacent to the Platte River from Denver’s southern border to its northern. Also at risk are certain industrial areas near Stapleton, Montbello and Green Valley Ranch. Unless the council is prepared to redline one industrial area of the city, effectively making it off-limits to any use but the cultivation and sale of medical marijuana, they must:
• Protect land use and investment by prohibiting optional premises cultivation of marijuana within 1,500 feet of existing and future residences, mixed-use and transit sites, parks, recreation centers and other civic amenities, schools, churches and early child care education centers.
• Ensure a minimum 1,500-foot separation between optional premise cultivation licenses to ensure no industrially zoned corridor or district in Denver becomes an area of concentration.
• Not grandfather in existing commercial grow houses, prior to council approval of business license regulations.
• Protect the character and rhythm of properties adjacent to licensed grow houses by establishing urban design standards regulating the exterior, setbacks, security and fencing of the property. Posting notice and holding public hearings to license grow houses is complicated because of a last-minute, little-discussed legislative amendment protecting the confidentiality of medical marijuana cultivation. This lack of public transparency is deeply disturbing.
• Close the zoning code loophole. Citywide, no industrially zoned property becoming mixed use or commercial in January 2011 should be permitted as an optional growth facility.
Denver has a solid regulatory framework for the sale and distribution of alcohol. The wholesale cultivation and sale of medical marijuana must adhere to the same principles.
Susan Barnes-Gelt (sbg13@comcast.net) served on the Denver City Council.
