Changes to medical marijuana zoning, short term rentals proposed by P&Z

The Jefferson City Planning and Zoning Commission on Thursday recommended amendments to how medical marijuana transportation and testing facilities are zoned.

After further research, planning staff found the two types of facilities could also be placed in the C-2 General Commercial zoning district.

“Working with these brand new legal uses is new for everyone involved,” Jefferson City Planner Ahnna Nanoki said. “When we went through the application process of potential facilities, we recognized that the testing and transportation facilities were also applicable to the C-2 General Commercial district.”

Currently, medical marijuana transportation facilities are allowed in M-1 Light Industrial and M-2 General Industrial zoning districts.

Delivery and dispatch services with vehicles are currently permitted within C-2, Nanoki said.

A medical marijuana testing facility acquires, tests, certifies and transports medical marijuana. Other medical, industrial and research laboratories are currently zoned in C-2, she added.

A medical marijuana cultivation facility farms, stores, transports and sells medical marijuana, and a medical marijuana-infused products manufacturing facility specializes in marijuana-infused products.

Commissioner Penny Quigg voted against the change, stating she is concerned medical marijuana facilities will lead to an increase in criminal activity.

“People know there’s going to be cash,” Quigg said. “I think they might see that as an opportunity for a crime.”

Commissioner Emily Fretwell, Michelle Mahoney, Dale Vaughan, Bunnie Trickey Cotten and alternate commissioner Hank Vogt voted for the amendment.

General commercial zoning districts typically consist of retail establishments, personal services and health care facilities, while neighborhood commercial zoning can include offices, pharmacies, food service establishments and other general retail establishments.

The Jefferson City Council approved a separate zoning code amendment permitting medical marijuana cultivation and testing facilities in May and a bill regulating permitted locations for medical marijuana dispensaries and transportation facilities in July.

The commission recommended the change be sent to the Jefferson City Council for review at the Oct. 21 meeting.

Missouri voters approved a ballot measure in November that legalized medical marijuana.

In other business Thursday, the Planning and Zoning Commission recommended city staff draft a bill for amendments to allow short-term rentals be permitted within all residential zoned districts.

Under city ordinance, a property owner can offer a short-term rental where someone rents a residence for less than one month. A property owner could also rent out a lodging room where someone rents a single room or basement for less than a month. Short-term lodging room rentals cannot have multiple rentals in the same residence.

Currently, property owners obtain special exception permits presented to the Planning and Zoning Commission. Senior planner Eric Barron said the process from the commission to the City Council may be unnecessary.

In the year since the city approved the permits, the city has approved eight of nine requests.

“We’ve basically come to the conclusion that short-term rentals basically has very little impact on surrounding property owners,” Barron said. “There is an impact, but it’s very minimal compared to other uses that happen to be a permitted use in single-family districts.”

An example is a home day care, which allows any property owner to run a day care for up to 10 children. Those instances see an increase in activity at the home compared to a short-term rental.

He said staff are having a difficult time coming up with negative recommendations for the use.

Chairman Chris Jordan said he recalls when day care homes were allowed by special exception permits. He said he would be in favor of making things less bureaucratic as long as it maintained the neighborhoods and quality of life for constituents and their neighbors.

Many commissioners agreed short-term rentals could be handled by city staff.

Property owners operating short-term rentals must pay the city’s 7 percent lodging tax and obtain a business license, under city code. They must also adhere to the city’s building and fire code inspection requirements.

Staff will present the bill at the Oct. 10 meeting.