County planning commission pans proposed pot shop

By Dan MacArthur
North Forty News

Planning commissioners firmly recommended denial of the first application for a medical marijuana dispensary proposed in unincorporated Larimer County.

Their unanimous May 19 recommendation will be forwarded to the county commissioners, who will make the final decision.

The debate pitted passionate proponents of the healing powers of the plant against neighbors and commissioners insisting that the overriding issue was the unacceptable site proposed for the dispensary.

"There are lots of other places this could be," planning commissioner Mina Cox told applicant Erica Pilch.

Noting that the location would violate numerous land-use codes, Cox said it would set a bad precedent making so many exceptions for the first dispensary planned in the county.

"This business has not given any reason it is so special that we should violate the rules right out of the gate," she said.

"By definition it's incompatible," said commissioner Nancy Wallace. "You just chose the wrong spot."

Pilch sought approval of the dispensary to complement her Xzuberance wellness center in the Mulberry Commercial Park on the southwest corner of East Mulberry Street and South Summit View Drive. The wellness center itself is permitted on the commercially zoned property. The dispensary, however, requires special review approval under land-use code amendments adopted in January in response to the sudden arrival of inconsistently regulated dispensaries.

In an emotional opening statement to the planning commissioners, Pilch documented her upbringing in "a deeply Christian home," and her departure from traditional medicine as an emergency medical care provider.

"It's God's divine plan I stand here today," Pilch said. "I then began my quest for Xzuberance."

Pilch said the dispensary would operate by appointment only and serve no more than 50 patients. She said marijuana would be grown in Weld County, not on-site.

No consumption would be allowed in the dispensary, Pilch said, and the marijuana would be stored in a safe with extensive security provided.

But Pilch's assurances failed to sway neighbors who opposed the dispensary for its lack of compatibility. They also objected to its location within 500 feet of homes, churches and day care centers, which is prohibited by land-use codes.

Property owner Arleen Brown said the area already is plagued by problems from a nearby bar. "We don't need anything more," she said. "I know it's going to affect my property values."

Additionally, in written comments, Brown said a dispensary near her property could put her reputation and certification at risk as a licensed clinical social worker and addictions counselor.

Real estate agent Bob Salazar defended the dispensary as a legitimate enterprise.

"It's time for change, for people to realize good is coming out of this," he said. "This is going to be something that's good for the whole economy."

"That's not the kind of business we need," countered business owner Patrick Redman, suggesting that the dispensary could attract criminals committing home and business invasions.

"We are professional people. I know we can co-exist," said Rose Natividad, operator of the wellness center.

Art Smith, pastor of Living Hope Church, expressed concerns about the presence of a dispensary around youth using the worship center in a neighboring building.

"It's what you can't control outside," he said.

In her closing comments to critics, Pilch strongly reiterated her defense of medical marijuana as a healing herb with none of the destructive qualities of alcohol or pharmaceuticals.

"People leave there (the nearby bar) every night drunk as hell," she declared, promising to prove "we will be the most upstanding business in Larimer County."

But the planning commissioners said the value of medical marijuana was not the issue. Instead it was adherence to the land-use codes regulating the location of dispensaries.

Cox said those codes were developed with much public input and give-and-take.

"I don't think it's appropriate to change them at this time," said commissioner Gerald Hart