HomeMy WebLinkAbout2009 Ordinance No. 034•
•
•
ORDINANCE NO . M
SERIES OF 2009
BY AlffHORITY
COUNC IL BILL NO. 35
INTRODUCED BY COUNCU.,
MEMBER Wll.S ON
AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORAR Y SU SPENSI ON OR
MORATORIUM ON THE ESTABLISHM ENT OF NEW MEDI CAL MARIJU ANA
DISP EN SING AND GROWING USES FOR A PERIOD OF SIX MONTHS .
WHEREAS, it ha s been bro ught to Co un ci l's attenti on that th e curren t Unified Development
Code does not adequately defin e or limit med ica l marijuana dispensing and growing uses ; and
WHEREAS , City Co uncil has directed staff to rev iew , create and revise , if necessary, provisions
conce rnin g medical marijuana di spensing and growing; and
WHEREAS , staff will need sufficient tim e to review and coo rdinate the provision s relating to
Medical marijuana dispensing and growin g in the Cod e; and
WHEREAS, City Co uncil deems it necessary to coordinate the review of the Unifi ed
Development Code and find s it appro priate to prohibit the establi shment of new medical
marijuana di spensing and growing in the Cit y until the review by the staff and City Co un cil ; and
WHEREAS , th e moratorium would temporaril y stop additional bu sines ses ; and
WHEREAS , th os e uses alread y in _ busines s would not he affected ; and
WHEREAS , the emergency ordinan ce contemplat es a prohibiti on on the estab li shm en t of any
bus iness not in operation by second reading; and
WHEREAS , in order for the City to co mpl y with equal protection iss ues, the me, i,nrium or
temporary suspension must ap pl y to all zone di stri cts unless specifi c exemptions can be
legi timately set forth due to a finding th at a panicular zone distri ct shou ld be excluded; and
WHEREAS , the revi sions to the Unified Deve lopment Code and the updating of the uses
all owed in all zo ne districts wi ll help prot ec t the public health, sa fet y and welfare by preservin g u
safe, healthy , and so und environment within th e Cit y; and
WHEREAS , the citi zens of En glewood and the Cit y Council ha ve determined that funher
revisions to th e Unified Devel opment Code are necessary to promote , coordi nate, and implement
a high qu ality plan to produce we ll balan ced zo nin g in the City ; and
WHEREAS , the current listing of uses is not meeting th e above criteria ; and
WHEREAS , the City Co un cil find s that a six mon:h moratori um or temp orary suspension of
the estab lishment of all new medical marijuana di spensing and growing uses is necessary to
implement the revisions to the Unified Dev el opment Code .
11 bi
NOW , THEREFO RE, BE IT ORDAINED BY THE CITY COUNC IL OF TH E CITY OF
ENGLEWOOD , CO LORADO, Tl-IA T A MORATORIUM OR TEMPORARY S\JSPENSIO
OF ALL'NEW MEDICAL MARIJUAN A DISPENSING AND GROWING USES FR OM
AUGUST 17, 2009 TO FEBRUARY 17, 20 10, SHALL BE ESTA BLISHED .
Sec tio n I. By reason of the fact that the Englewood Unifi ed Developmeni Code do es not
adequat ely define or limit med ica l marijua na dispen sin g and growi ng uses and for th e immediate
preserva ti on of th e publi c property , health , peace and safe ty, it is hereby dec lared that an
emergen cy exists and that thi s Ordin ance shall take effect immediatel y upon it s fina l pas sa ge.
Sect ion 2. Said morat orium or tem porary sus pension sha ll be for any medical marijuana
di spensing and growing uses within the City of Englewood not in operation by August I 7, 20 09.
Section 3. Th e City Council directs City staff to develop appropriate recommendations to
Co uncil, within six months , to be cons' stent with this Ordinance and to provide for an updating
of the Unified Development Code relat in g to medical marijuana di spensing and growing uses.
Secti on 4. The City Council find s the provi sion s of thi s Ordinance are temporary in nature
and arc int ended to be replaced by subseque nt legi slative enactment so that the moratorium or
temporary suspensio n as specified in thi s Ordinance shall tcnninat e on February 17, 2010.
Int roduced , read in full , and pa ss ed on first reading as an Emergency Ordinance on the 3,. da y
of August, 200 9.
•
Publi shed ns nn Emergency Bill for an Ordin ance on th e Cit y's offici al website beginnin g on the •
5th da y of August , 2009 for thirty (30) days.
Publi shed in full as an Emergen cy Bill for an Ordinance in the Cit y's offi cia l news paper on the
14'" day of Augu st, 2009 .
Read by title and pa ssed on final reading as an Emergenc y Ordinan ce on the 17th day of
August , 2009 .
Publi shed by title as an Eme rgency Ordinance No.~. Series of 2009 , in the City 's official
newspaper on the 21st day of August, 2009 .
Published by title as an Emergen cy Ordinan ce on th e Ci ty's official website beginning on th e I 9th
day of Augu , 009 for thirty (30) day s.
~Ii
•
• I, Lo ucris hia A. Ellis, Ci ty Cle rk of th e City of Eng lewood , Co lo ado , hereb y certify that the
above and fo regoing is a true copy ofi!/, Emerge ncy Ordinance ssed on final reading and
published by title as Ordina nce No. 3 , Series of 2009. . ~