The Pendleton Planning Commission has approved three conditional use requests to operate recreational marijuana dispensaries. Now Bryson Thurman, who owns and operates Thur’s Smoke Shop at 34 SW Emigrant Ave. has submitted a request to operate a dispensary at 1292 SW Tutuilla Road.
Thurman said that he has been planning to open a dispensary ever since he opened his head shop in September 2012. If the conditional use is approved, Thurman says that everything is in place to start building by April, finishing up in May or June.
Thurman submitted a list of over 200 signatures collected at his shop in support of granting the conditional use permit. City staff confirmed that the signature list had been entered into the record, but said that the signatures had not been fully verified. Staff further added that many signatures were from people who entered an address located outside of the city limits.
Kevin and Karen Steinmetz own a rental property near the proposed location. In a letter to the Planning Commission dated Feb. 4, 2017 they wrote that “the proposed location is right across [the street] from a school bus stop.” Karen Steinmetz voiced concerns about the proposed dispensary’s affect on the local neighborhood in an interview on Feb. 16. “We want to rent to young families” says Steinmetz.
Kevin and Karen Steinmetz are not alone in their opposition to the location of the dispensary. A total of three letters of opposition were sent to the planning commission by owners of residential property near the location. In addition, nine people spoke in opposition to the proposed dispensary at the Feb. 16 meeting of the Pendleton Planning Commission.
Richard Jennings lives near the location of the proposed dispensary. During his statement to the Planning Commission, Jennings cited the Land Use Board of Appeals decision in Renaissance Development vs. City of Lake Oswego. According to the decision, while purpose statements are not approval criteria, “purpose statements can impose additional affirmative duties upon the local government that must be fulfilled.” Jennings argues that because the purpose of Section 4.05 of the Pendleton Unified Development Code is “to minimize adverse impacts on adjacent properties, schools and other places where children congregate,” the Planning Commission must deny the conditional use permit.
To minimize the effect of the dispensary on those that live nearby, Planning Department staff recommend that a fence no less than six feet in height be constructed around the perimeter of the property. Staff further recommends that Thurman provide a minimum of 320 square feet of landscaping. Hours of operation will also be limited in the morning to one half-hour after school starts. If there is a late start due to inclement weather, the dispensary will also need to open later than usual.
The Planning Commission postponed making a decision until March 9.