Fayetteville City Council makes room in code for medical marijuana facilities

NWA Democrat-Gazette/STACY RYBURN City Planning Director Andrew Garner (left) and Chief of Staff Don Marr listen Tuesday during a Fayetteville City Council meeting. The council approved changing the industrial zoning districts in the city to include shopping uses.
NWA Democrat-Gazette/STACY RYBURN City Planning Director Andrew Garner (left) and Chief of Staff Don Marr listen Tuesday during a Fayetteville City Council meeting. The council approved changing the industrial zoning districts in the city to include shopping uses.

FAYETTEVILLE -- An amendment the City Council passed Tuesday allows shopping in an industrial district so a potential medical marijuana growth facility and dispensary could operate within the city.

The council also vote 5-0 to allow restaurants in industrial parts of the city. Aldermen Mark Kinion, John La Tour and Alan Long didn't attend Tuesday's meeting.

Next meeting

When: 5:30 p.m. July 6

Where: Room 219, City Hall

113 W. Mountain St.

The Arkansas Medical Marijuana Amendment voters approved last year requires zoning regulations for medical marijuana growth and dispensary facilities to mimic those for a licensed retail pharmacy. The city's code only allowed retail pharmacies and drug stores in commercial districts, prompting the change.

City Planning Director Andrew Garner said growth facilities would likely go in an industrial zoning district with dispensaries nearby. Allowing the shopping goods use unit in the city's two industrial zoning designations would address the issue, he said.

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In May, the council agreed to sell 5 acres of its commerce district to telecommunications contractor Brian Faught, who seeks to bring growth business AR-Canna, LLC, to south Fayetteville. Faught also has said the facility would couple with a dispensary. The deal depends on whether the state Medical Marijuana Commission approves the permits required for Faught's operation.

City Attorney Kit Williams said the state law also requires medical marijuana businesses be a certain amount of feet away from schools. The district sits on the southern edge of town.

"Even though there might be commercial districts around that might be available, this will ensure that there will certainly at least be something available in the industrial park," Williams said.

The change could bring a variety of establishments to industrial districts under the shopping goods use unit, including furniture stores, animal daycares, gunsmiths, interior decorating and body piercing, just to name a few.

Alderman Matthew Petty made the suggestion to include eating places in the amendment.

"If a diner or something like that thinks that they can survive on the lunch traffic of our commerce district or another industrial area, I would be in favor adding that as a use unit by right to those industrial districts," he said.

Alderwoman Sarah Marsh made the motion, which passed unanimously.

In other business, the council voted 5-0 to table until Aug. 1 a proposal to rezone College Avenue from Maple to North streets. The Ordinance Review Committee, consisting of half the council, discussed the matter Monday.

"We made the decision to take some more time to look at the definitions and wording a little bit better, to not really get in a hurry on this," said Alderman Justin Tennant, who leads the committee.

City staff seeks to define what "active space" would mean in an incentive system allowing buildings up to four stories and will look at measuring building height in stories rather than feet, possibly throughout the city's code. The committee also agreed the new zoning district, urban thoroughfare-light, should be named urban thoroughfare-limited instead, if it's adopted at all.

The next Ordinance Review Committee meeting is scheduled for 4 p.m. July 13.

The city started talking about rezoning College Avenue after a project to revitalize the stretch from Maple to North streets started on the east side last year. Work is underway on the west side.

The improvements include wider sidewalks, trees, lighting and signaled crossings.

NW News on 06/21/2017

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