Planning commission recommends ordinance to bar marijuana businesses within 500 feet of child-care and preschool sites

The Town of Clarkdale Planning Commission on Tuesday recommended approval of Ordinance 447, an amendment to Chapter 4 of the town zoning code that would prohibit medical-marijuana establishments from locating within 500 feet of public or private schools, child-care facilities or facilities that provide preschool programs.

Clover Pinion, senior planner with Community Development, told commissioners that "on March 25th, the Senate Bill 1105 was signed into law" and that the town is amending its code to comply. Pinion said the change responds to recent state action that expanded the list of sensitive uses to include child-care and preschool facilities in addition to schools.

A commissioner raised concern about allowing dispensaries near child-care centers, saying, "I don't understand that why we would want this. It makes no sense. Next to child care centers." Pinion and staff clarified that the town's ordinance language will prohibit such siting and noted a typographical error in the staff report: the report worded the provision as "allows" where the ordinance should read "prohibits." Pinion said the code text itself reads "shall not be located." The commission added the wording change as a stipulation in its recommendation.

A commissioner moved to recommend approval of Ordinance 447 "subject to the stipulations indicated in the staff report with the stipulation that staff replaces the word allows in paragraph one of ordinance 447 with the word prohibits." The motion was seconded and the commission voted unanimously to recommend approval.

The meeting record shows no public attendees or comments on the item. The staff presentation will be made available by email to commissioners and the commission directed staff to implement the wording correction noted in the motion. The next procedural step for the ordinance was not specified during the meeting.