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HomeMy WebLinkAbout2014 Ordinance No. 027• ORDINANCE NO. & SERIES OF 2014 BY AU1HORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AMENDThlG TITLE 5, CHAPTER 3(D), SECTION 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO PUBLIC HEARING NOTICE-POSTING AND PUBLICATIONS. WHEREAS, the City of Englewood bas an established moratorium of any new Medical Marijuana Centers, Manufacture Infused Products and Optional Premises Cultivation License applications; and WHEREAS, during that moratorium the City Council has directed staff to develop appropriate recommendations to Council consistent with the Constitutional Amendment language and State regulations; and WHEREAS, the moratorium terminates after October 7, 2014; and WHEREAS, the Englewood City Council received complaints concerning the methodology of posting;and WHEREAS, the City Council desires to have the property posted in the same manner as zoning;and WHEREAS, provisions have been modified to address signage on the adjoining street right- of-way as well as mailed notice; and WHEREAS, the mailed notice provisions provide for mailing to a neighborhood as determined by the local licensing authority; and WHEREAS, the language makes it clear that Medical Marijuana Optional Premises Cultivation and Medical Marijuana-Infused Product manufacturers are included in the public notice provisions together with Medical Marijuana Centers. NOW, TH;EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 3(D), Section 5, entitled "Public Hearing Notice -Posting and Publication" of the Englewood Municipal Code 2000, to read as follows: Title 5-3D: Medical Marijuana. 5-3D-5: Public Hearing Notice -Posting and Publication. 1 9b ii A. Upon receipt of an application for a Local License, except an application for renewal or for transfer of ownership, a Local Licensing Authority may schedule a public bearing upon the application, to be held not less than thirty (30) days after the date of the application. If the Local Licensing Authority schedules a hearing for a Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation and Medical Marijuana-Infused Product Manufacturer Application, it shall post and publish public notice thereof not less than ten (10) days prior to the hearing. The Local Licensing Authority shall give public notice by the posting by th; applicant of a sign in a conspicuous place on the Medical Marijuana Center, Medical Marijuana Optjopal Premises CuJtiyatiop M4 MP4icaj Mariipana-lnfysed Product Manufacturer nremises for which application has been made. by haying the applicant mail a notice and by publication in a newspaper of general circulation or the City's official website in the City in which the Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation and Medical Marijuana-Infused Product Manufacturer Premises are located. B. Public notice given by posting shall include a sign of suitable material, not less than twenty-two inches (22") wide and twenty-six inches (26") high, composed ofletters not less than one inch ( 1 ") in height and stating the type of License applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign shall contain the names and addresses of the officers, directors , or mana ger of the facility to be licensed. C. Public notice given by publication shall contain the same information as that required for signs. D. If the building in which Medical Marij uana is to be sold,. cultiyated or manufilgw;ed is in existence at the time of the application, a sign posted as required in this Section shall be placed so as to be conspicuous and plainly visible ta the geaeF&l paelie from the adjoining street right:9f-way. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public fi;om the adjoining street right-of-way. J;. Mailed Notice. 1. Mailed Notice to Applicant, The City shaH gjye written notjce Qf tb,e.date, tjme. and place of any scheduled hearing to the applicant either in person or by first class mail. ~-The app]icant sbrul maiJ wrjttsn ngtificatipp 0t Jha hearing AL\sst ten < 10) days prior to the hearing to occupants and property owners within the neighborhood boundaries established by the Local Licensing Authority. Notification shall he sent to property owpers of record ftoro data available within thirty <3Ql days before the reaµjred mailing date from the Arapahoe County Assessots Office, Public notice given by mail shall contain the same inf onnation as that required for signs. Toe appucapt sban provide a mailing list 1°Jb; Qty apd certify that1ettm ~m mailed via the u,s. PostaJ Service to the listed addresses ten O O} days prior to the hearing. 2 • • ~-ft Concurrent Review. l. A Local Licensing Authority, the Local Licensing Official, or a License Applicant with Local Licensing Authority approval, may request that the State Licensing Authority conduct a concurrent review of a new License Application prior to the Local Licensing Authority's final approval of the License Application. Local Licensing Authorities who permit a concurrent review will continue to independently review the Applicant1s License Application. 2. When conducting a concurrent application review, the State Licensing Authority may advise the Local Licensing Official and the Local Licensing Authority of any items that it finds that could result in the denial of the License Application. Upon correction of the noted discrepancies, if the correction is permitted by the State Licensing Authority, the State Licensing Authority shall notify the Local Licensing Authority of its conditional approval of the License Application subject to the final approval by the Local Licensing Authority. The State Licensing Authority shall then issue the Applicant's State License upon receiving evidence of final approval by the Local Licensing Authority. 3. All applications submitted for concurrent review shall be accompanied by all applicable State and Local License and Application Fees. Any applications that are later denied or withdrawn may allow for a refund of License Fees only. All Application Fees provided by an applicant shall be retained by the respective Licensing Authority . Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health. safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. 3 Introduced, read in full, and passed on first reading on the 19th day of May, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23rd day of, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 21st day of May, 2014 for thirty (30) days. Read by title and passed on final reading on the 2nd day of June, 2014. Published by title in the City's official newspaper as Ordinance No.d,7Series of 2014, on the 6th day of June, 2014. Published by title on the City's official website beginning on the 4th day of June, 2014 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. I, L o,u crishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ~JljJe copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2014. 4 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 19, 2014 9 a ii A Bill for an Ordinance Adding Language to Title 5, Chapter 3D-5 (Public Hearing Notice -Posting and Publication) of the Englewood Municipal Code Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has discussed Medical Marijuana issues on many occasions. Council discussed this particular issue with staff at the Study Session on April 28, 2014. Medical Marijuana Centers are currently addressed in the Code. After discussing draft language to address issues regarding the addition of Medical Marijuana Optional Premises Cultivation and Medical Marijuana-Infused Product Manufacturer to 5-3D-5 and adding 5-3D-5-E, "Mailed Notice" to the Code, Council requested staff prepare a bill for an ordinance adding "Medical Marijuana Optional Premises Cultivation and Medical Marijuana-Infused Product Manufacturer" to 5-3D-A, of the Code. Also, Council requested staff prepare a bill for an ordinance that would add language to the Code giving A the Liquor and Medical Marijuana licensing Authority the authority to set boundaries for notification as well W' as who will be mailed notification of hearings as well as when mailings must be sent in manner of liquor license hearings. The notification and mailing process will be for all types of Medical Marijuana establishments. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance deleting and adding language to Title 5, Chapter 3D-5, Public Hearing Notice -Posting and Publication. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In November of 2000, voters in the State of Colorado passed Amendment 20 to the States Constitution legalizing limited amounts of medical marijuana for patients and their primary caregivers. The City of Englewood added Chapter 3D, Medical Marijuana to the Code with the approval of Ordinance 27, Series of 2011 on May 20, 2011. The regulation of Medical Marijuana is constantly evolving as the City gains experience in administering the issuance of licenses. This Bill for an Ordinance adds Medical Marijuana Optional Premises Cultivation and Medical Marijuana- Infused Product Manufacturer to 5-3D-5 and adding 5-3D-5-E, "Mailed Notice" to the Code. The addition of the "Mailed Notice" requires the City to provide written notice of the date, time and place • of any scheduled hearing to the applicant. The applicant is required to provide written notice to occupants and property owners to a neighborhood as determined by the local lic ensing authority. The notifications must be sent to owners of record from data obtained from the Arapahoe County Assessor's Office within 30 days of the before the required mailing date. The mailings must include the • same information included in required signage. The applicant is required to provide the mailing list to the City and certify the letters were mailed by the United States Postal Service ten days prior to the hearing. FINANCIAL IMPACT This change to the Code is revenue neutral. LIST OF ATTACHMENTS Proposed bill for an ordinance •