Pot put on hold; housing gets go-ahead

The City of Durango is snuffing out new pot shops, at least temporarily. On Tuesday night, city councilors voted unanimously in favor of a moratorium on approval of new medical and retail marijuana licenses for the next 60 days.

The moratorium was instigated after neighbors voiced concerns over a new retail marijuana shop, Las Patronas, which plans to open on W. 10th Street, around the corner from the Colorado Grow Co. and El Rancho.

The moratorium, which expires Feb. 3, 2017, will not affect Las Patronas or two other pot shops that submitted applications prior to the moratorium. It will apply to new businesses in the Central Business District, along North Main, College Drive and Camino del Rio, as well as the Highway 3 and Highway 160.

One business owner, John Menzies, of Animas Herbal Wellness, spoke against the moratorium and any new distance regulations. Currently, only one retail or medical marijuana establishment can be located on any street segment. For corner lots, this applies to both abut- ting streets, and only one establishment is allowed per intersection.

However, Menzies, whose business is located at 1111 Camino del Rio – which is slated for redevelopment – worries new distance requirements will jeopardize his future chances of finding a new location. “Regulations would severely harm some businesses in Durango,” he told councilors. “I am here to oppose the moratorium.”
For businesses that don’t own their spaces, leasing can be a “scary situation” as far as finding a new location. “I think it’s something that wouldn’t happen to any other industry besides the marijuana industry,” he said. “That’s why I’m here, to speak up against any further distance requirements.”

Another marijuana shop owner Ron Guffey, of Sante?, also spoke about distance requirements and finding a fair, workable solution. “Denver has had the same thing happen and decided to back up and make requirements uniform for everyone,” he said. “It has helped out with some of the stuff going on there.”

After a short debate, councilors voted to pass the moratorium. Mayor Christina Rinderle and Councilor Dean Brookie spoke to Menzies’ concerns, indicating a willingness to work with his special circumstances. “He is one of the original pot shops in town,” said Brookie of Menzies, who opened in 2010. “We want to accommodate him.”

He also reiterated that the moratorium is not permanent. “This is not meant to be a long-term moratorium. I don’t think it will have a significant impact on (Menzies’) business plan,” Brookie said. Currently, there are 18 licensed retail and medical marijuana businesses in city limits. The city’s retail marijuana regulations were adopted in June 2014 . The Council expressed concerns that additional marijuana business could cause impacts on surrounding businesses. The temporary moratorium will allow city staff to review the number, location and operation of existing marijuana businesses and make recommendations regarding possible changes to those regulations.

The Council also cited some confusion about current restrictions on locations that were originally designed to avoid undue saturation of marijuana businesses.

“We need to be able to take a careful look at all the pieces and try to get them right,” Councilor Dick White said.

Fellow councilor Keith Brant agreed. “It makes sense to look at it anyway after 21⁄2 years.”

In other action Tuesday night, the Rocket Apartments came one step closer to take off. City Council approved conceptual plans for the 194-unit development planned for the old drive-in site between Home Depot and Wal-Mart.

The applicants, NE Development, represented by Ashley Storm and Luke Harry, were seeking a height variance, from 39 feet to 47, as well as a reduction in parking spots, from 408 to 316. In lieu of the fewer parking spots, developers would build bike parking as well as a transit stop. Developers are also planning a dog park, outdoor pool and business center along an extension of Escalante Drive.

The city needs to annex the property before the project can move forward. Annexation could happen as soon as January, which would allow for construction to start in spring 2017. Construction is expected to take 20 months.

The entire “Rocket area” as the City calls it – which extends north-south from Dominguez Drive to Escalante Middle School – could eventually contain 300 new units in three or more developments. Plans also call for additional commercial space, including a Goodwill store and a restaurant. The City first began looking at the area for development in the early 1990s.