Apr 232014

By Naomi Hatch
A request made by Overgaard Compassion Care to make a text amendment to the Taylor Town Code regarding medical marijuana cultivation sites was denied by the Taylor Planning and Zoning Commission April 9.
Dusty and Heather deCarlo recently purchased property on Airloop Road in Taylor that is zoned AG-2 with plans to open a medical marijuana dispensary there.
The deCarlos were seeking to have a combined dispensary and cultivation area for medical marijuana at the site.
The town code states that medical marijuana cultivation may be permitted as a special use in AG-1 and AG-2 zoning districts, but such an area, “shall not be located within 500 feet of a residentially zoned property. This distance shall be measured from lot line of the property in which the cultivation is conducted or proposed to be conducted to the property boundary line of the residentially zoned property.”
The deCarlos’ property is approximately 300 feet from two homes on property zoned AG-2. They were seeking a change in this portion of the code, shortening the required distance from residentially zoned property from 500 feet to 300 feet.
“We felt it could be construed that those were residentially zoned because AG-2 allows residential buildings,” Town Manager Gus Lundberg explained last week.
Should the request have been granted, the deCarlos would have been able to cultivate medical marijuana in the same facility from which they would dispense it.
Several people in attendance spoke in support of the medical marijuana facility, including some who shared their experiences with medical marijuana.
Following discussion, the commission denied the request in a 4-0 vote.
The deCarlos have asked to withdraw their request for an amendment rather than appeal to the town council, according to Lundberg. They will locate the dispensary at the building on Airloop Road and the cultivation facility at a different location.