Providence planners want more marijuana shops in the city − just not near schools

PROVIDENCE − Providence's City Plan Commission is pushing to increase buffer zones between schools and future retail marijuana shops in some portions of the city.

Currently, only medical-marijuana dispensaries and grow houses are allowed in city limits. They are limited to the dense C-3 commercial zone and one of the city's three industrial zones – but state law prevents municipalities from banning retail marijuana sales.

But, it is a moot point right now because no one can apply for the three classes of retail marijuana licenses (retail, social equity, worker cooperative) because the state's Cannabis Control Commission hasn't put out rules on how to apply.

Under the proposal, cannabis retailers would be allowed in the following zones:

• C-2 zone with a special permit

• C-3 zone by right

• Downtown by right

• Light industrial (M-1) by right

More: A California woman's lawsuit may throw RI's retail pot industry into 'chaos.' Here's how.

Social equity and worker cooperative licensees, which are having an even harder time than other retailers to start the process of opening, would be under the same rules, except they would be by right in the C-2 zone.

The ordinance was created after PVD Flowers, a planned cannabis dispensary run by a diverse worker cooperative, approached the City Council to complain that zoning was making it too tough to get a storefront.

What the City Plan Commission suggested

• In the current proposed ordinance, all marijuana establishments would need to be 500 feet away from a school, the same requirement extended to liquor stores.

• City planners suggested the buffer be increased to 1,000 feet.

There is a question if cities and towns can make the buffer larger. State law allows the 500-foot buffer to be reduced, but whether it can be larger is an open question that needs to be answered by the city's attorneys, Azar said.

What comes next: The Providence City Council will decide on the zoning changes, and the recommendation from the City Plan Commission. If the ordinance is passed, the city may see applicants applying for permits for retail marijuana sales.

Change would allow pot shops in more neighborhoods

Propose changes to the city's comprehensive plan would see the city's least dense commercial zone, or C-1, go away and become C-2 zones instead.

That would allow pot shops in more places, as they are allowed in C-2 zones.

City Plan Commission touts special permits, but do they matter?

The Commission also recommended the City Council look at, and possible increase, where in the city a special use permit is required.

• Worker cooperative and social equity pot licenses would be allowed by right in the C-2 and C-3, under the proposed ordinance, while regular retailers would require a special permit in C-2.

• They would both be allowed by right in the downtown district and the current industrial district where medical marijuana is allowed.

Worker cooperative and social equity licenses would also be allowed to have fewer parking spaces than regular marijuana retailers.

What did the Commission think?

Commission Chairman Michael Gadzacko said he wanted all retail marijuana establishments, not just those under a regular license, to be required to go through the special permit process, claiming they should be treated the same as liquor stores.

City staff then informed Gadzacko that liquor stores are allowed by right in the city's commercial zones.

State law around special use permits, and a city's ability to use them to restrict or block development, changed last year. Under the new state law,, municipalities are required to grant special use permits if all the requirements are met.

In the proposed ordinance, those seeking a by-right retail marijuana permit and a special use permit would need to meet the same set of criteria. The only difference is one would be required to go through a public hearing process to get the special permit while the other wouldn't have to go through a public hearing.

Would-be retailers say they need the zone change to secure space

While the Cannabis Control Commission has not yet put out rules for how to apply, and what is needed to apply, for a retail license, would-be retail cannabis sellers said during the meeting that they expect having a leased physical location will be a requirement. Without a zone change, they cannot secure any real estate.

Jewelry District Association President Sharon Steele said she is opposed to allowing marijuana in her area, which is in the downtown district, especially because many viable spots would be in residential buildings.

Steele also said no one knew about the proposal. Reporter Amy Russo covered the proposed ordinance on April 2.

In practical terms, where would cannabis retailers be allowed?

In addition to all of downtown, the following corridors would largely allow marijuana retail shops because they are zoned C-2:

• Broad Street

• Elmwood Avenue

• Westminster Street

• Hartford Avenue

• Wickenden Street

• North Main

• South Water Street

• Gano Street

• Wayland Square

• Atwells Avenue in Federal Hill

Marijuana shops on Broadway would be allowed on only a few parcels, as the corridor is zoned mostly "resident professional."

Page 1 of 23.12.13-Official-Zoning-Maps

Contributed to DocumentCloud by Wheeler Cowperthwaite (The Providence Journal) • View document or read text

On Providence's current zoning map (see map above), C-2 districts are in light red, C-3 districts are in dark red and C-1 districts are light pink. Marijuana retailers would be allowed in the C-2 and C-3 districts, although the city's Comprehensive Plan proposes eliminating all C-1 districts and turning them into C-2, which would expand the scope of potential retail marijuana locations. All of downtown (gray) would allow cannabis shops.

Thanks to our subscribers, who help make this coverage possible. If you are not a subscriber, please consider supporting quality local journalism with a Providence Journal subscription. Here's our latest offer.

Reach reporter Wheeler Cowperthwaite at wcowperthwaite@providencejournal.com or follow him on Twitter @WheelerReporter.

This article originally appeared on The Providence Journal: Providence retail cannabis shops may need to be 1,000 feet from schools