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Nowthen commission approves outdoor cannabis cultivation interim use permit amid odor and security concerns
Summary
The Nowthen Planning & Zoning Commission voted to approve an interim use permit for a 7,000 sq ft outdoor cannabis cultivation operation with conditions, after neighbors raised concerns about odor, security and potential proliferation. The permit includes setbacks, security requirements and a five-year expiration.
The Nowthen Planning & Zoning Commission approved an interim use permit on a voice vote for a proposed outdoor cannabis cultivation site on Rhinestone Street NW, allowing up to 7,000 square feet of outdoor cultivation subject to conditions set by staff and the Office of Cannabis Management.
Planner Nash told the commission the applicants propose ‘‘cannabis cultivation only on the site’’ with no on-site processing, manufacturing or retail. He said plans submitted with the application include a cultivation layout, site security and an operations plan; state approval from the Office of Cannabis Management is still pending.
The applicants, identified in the application packet as Paradise, said they will harvest, dry and store product on-site and send samples to licensed labs for testing. A representative for the applicants said, “we harvest, store, and then we sell to dispensaries and processors” and described a security program with cameras, keypad entry and gated access.
Neighbors voiced concerns at the public hearing. Farmer and neighbor Paul Helica said he was worried about whether one permitted site would lead to many more small operations and asked, “are we going to see these mom and pop operations popping up all over the place?” John Wright, another nearby resident, said he expected ‘‘excessive amount of smell’’ even with ventilation and scrubbers and expressed worry about theft and public disclosure of growers’ locations.
Commissioners and staff debated enforceability of odor complaints. Planner Nash explained the city has limited tools to measure intermittent odors and said the primary regulatory tools are setback limitations and incorporated state security and operating requirements. Staff noted the draft permit would incorporate the state-required plans and that the city could revoke the interim use permit if conditions were violated or if the state license lapsed or the owner moved off the property.
The conditions approved by the commission require substantial conformance with the plans on file, a maximum outdoor cultivation area of 7,000 square feet in a fenced and secured area, adherence to setback requirements in the city’s ordinance, building- and fire-code approvals for any structures used for storage, compliance with state licensing and periodic state inspections, a certificate of compliance for on-site sewage systems where applicable, and an interim use permit expiration set for April 14, 2031. The approved operation is non-retail with no on-site sales, extraction or public access.
The commission’s vote followed discussion about whether setbacks and fencing provide sufficient mitigation. Commissioner Bees moved to approve the permit with staff-recommended conditions; the motion carried by voice vote.
The applicants acknowledged they must still pass the state review and the city’s building and fire inspections. The city noted staff will respond to any complaints and that a severe or persistent problem could affect reauthorization at the five-year review.
