The Cheney Planning Commission held an informational workshop Feb. 9 on Ordinance W-58, an ordinance that establishes a Marijuana Overlay Zone in the city’s municipal zoning code.
The workshop is part of the state’s legal process that began when the Cheney City Council passed an interim zoning ordinance in December in response to losing a challenge to a conditional use permit submitted by 3 Green Thumbs, LLC to site a medical marijuana dispensary in the Farmers and Merchants Center. The city had originally denied the permit because it contended the dispensary was within 1,000-feet of a sensitive use — in this case what it contended was a game arcade at Cheney Lanes/Rosa’s Pizza.
The county hearing examiner disagreed with the city’s contention that Cheney Lanes/Rosa’s Pizza was a game arcade and ruled in favor of 3 Green Thumbs.
The interim ordinance requires a public hearing be held within 60 days by the City Council, an unusual step in that typically zoning issues come before the Planning Commission first for a recommendation. The council was scheduled to conduct the hearing at its Feb. 10 meeting, at which point they would send it back to the commission for further discussion.
Cheney Public Works Director Todd Ableman noted that Ordinance W-58 still retains the Farmers and Merchants Center’s general commercial (C-2) zoning status, permitting all such uses to continue. He also noted that it restricts any marijuana outlet to that area of the city.
Commission Chair Vince Barthels asked if the business center was “built out,” and contained no more space for future development. Ableman pointed to several land tracts around the center as still being available for use.
“We wanted to make sure nobody was limited or pushed out,” he said.
Commissioner Vara Lyn Conrath asked if a shop for recreational marijuana could locate in the overlay zone, to which Ableman and city planner Brett Lucas both replied it could. Conrath then asked what would happen should another daycare facility apply to occupy the building that formerly held Giggling Guests Daycare located diagonally across the adjacent First Street/Cheney-Spokane Road intersection.
Daycare centers are also state-defined sensitive uses, and under regulations are protected by the 1,000-foot buffer zone. A daycare or other sensitive use going into the vacant building would be inside the 1,000-foot zone.
Ableman said it’s a “gray area” what would happen in such circumstances. The question would be would the 1,000-foot protective buffer trump an existing businesses rights to operate in a grand-fathered location, and the matter would likely end up in court.
The commission is scheduled to take up the ordinance in its own public hearing at its March 9 meeting.
John McCallum can be reached at jmac@cheneyfreepress.com.
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