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Along with applying for state health department s, medical marijuana businesses like dispensaries must seek city zoning approval if they want to locate inside Springfield city limits. Since Springfield City Council approved marijuana zoning rules in the spring, almost 50 applicants for dispensaries, cultivation operations and manufacturing outfits have filed paperwork with the building development services department.
About 30 have been given the go-ahead, climbing a first hurdle before state applications begin to be accepted in Jefferson City. Local entrepreneur Jason Hemingway filed an application to convert In the Garden of Eden, a boutique that sells sexy lingerie and other adult products at W.
Kearney St. The building was formerly a Hudson Hawk barbershop. It's the only legal marijuana-related project in Springfield to face a zoning roadblock so far, city officials confirmed Thursday. The issue centers on how far a dispensary building may stand from a school. Amendment 2 imposes a blanket 1,foot buffer between marijuana businesses and schools, places of worship and day cares, though it allows cities to make the distance smaller.
Louis , for example, has no buffers. Rolla's are feet. Springfield mostly follows the 1,foot rule , but it allows dispensaries and small manufacturing facilities like bakeries to be feet from places of worship and day cares. They must be at least 1, feet from schools. For a freestanding building like the one on Kearney Street, the distance has to be measured "from the external wall of the facility structure closest in proximity" up to "the closest point of the property line of the school, daycare, or church.
The rule also tells municipalities how to measure the line, by going "along the shortest path between the demarcation points that can be lawfully traveled by foot. And that's where it gets tricky: Where are pedestrians allowed to walk? Bob Hosmer, a city planning manager, told the News-Leader Thursday that by the city's calculation, W. The city draws the line assuming that a pedestrian would walk two blocks along Douglas Avenue in a direct line between the school and the would-be dispensary.
But M. Scott Montgomery, a Springfield attorney representing Hemingway and the proposed dispensary, told the News-Leader in comments sent by text message that the legal distance is more like 1, feet. In his view, that's because it wouldn't be legal to walk across Kearney at the intersection with Douglas. Kearney to the property line of that property where Watkins Elementary school is located," Montgomery said in a prepared statement, "a pedestrian must walk east on the sidewalk for hundreds of yards to the intersection of Kearney Street and Grant Avenue.
Montgomery cited state law requiring pedestrians to use crosswalks in business districts, arguing that the part of Kearney Street in question qualifies as a business district. He provided the News-Leader with what he called a "lawful path" graphic showing a distance measure that would allow Hemingway's dispensary to go through. The city says the state doesn't agree with that line of reasoning. Hosmer, with the city, said Friday morning that the city consulted the Missouri Department of Transportation because the stretch of Kearney Street in question is a state route.
It might not be fair for a school, church or day care to be less than the legal distance from a dispensary as the crow flies, but more than 1, feet away according to pedestrian paths with no jaywalking, Hosmer said in a Thursday interview. Montgomery, the applicant's lawyer, said Thursday evening, "We appreciate the diligent work of the Springfield planning and zoning department. They have been extremely professional and the process has not been adversarial.
He also argued that a d dispensary at the site currently occupied by In the Garden of Eden would "create dozens of high-paying jobs and should generate hundreds of thousands per year in tax revenue for the City of Springfield and our veterans healthcare. Montgomery declined to comment on how much money Hemingway may have spent on the Kearney building to make it usable as a dispensary, or whether he might look for another location. When asked if Hemingway might take the matter to court, Montgomery said he would have to speak to his client.
The newspaper was unsuccessful Thursday with calls and messages attempting to reach Hemingway, the business person tied to the project. Missouri health department records show that as of July 1, Hemingway and the business entities listed on his city zoning application had not yet pre-filed application forms and fees for the state dispensary licensing process. Missouri will take applications from would-be dispensaries, cultivation sites and other "cannabusinesses" from Aug. These locations are seeking city zoning approval for dispensaries or other marijuana businesses. They must also get state licensing to operate.
There are about Missouri s available, of them for dispensaries. Of those, 24 will be located in the congressional district that includes Springfield, Joplin and Branson. More than "pre-filed" applications have come into the state so far, and the state must award them no later than Dec. Sometime in early , Missouri dispensaries are expected to open. Qualifying patients with approved medical marijuana ID cards will be allowed to use them. More news on Missouri medical marijuana:. Who will be Missouri's 'blind scorer' for marijuana business s?
At Missouri Safe Schools conference, a retired patrolman warns educators about marijuana. Under Amendment 2, patients can grow their own weed. Here are Springfield doctors willing to do marijuana certifications. Facebook Twitter . City turns down Kearney Street marijuana dispensary zoning applicant. Gregory J. Holman News-Leader. Springfield marijuana business zoning - Google My Maps These locations are seeking city zoning approval for dispensaries or other marijuana businesses.Sexy feet Jefferson City
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