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Home My WebLink About2011 Ordinance No. 027, I ( •, 1 • ORDINANCE NOE SERIES OF 2011 BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE MODIFYING TITLES 2, 5 AND 16, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MEDICAL MARIJUANA. WHEREAS, the City Council of the City of Englewood amended Title 5, by the addition of a new Chapter 22 pertaining to Licensing of Medical Marijuana Primary Care-Givers with the passage of Ordinance No. 41, Series 2009; and WHEREAS, Council Bill No. 53, pertaining to amending Title 16, Chapters 5 and 11 of the Englewood Municipal Code, which pertains to the Unified Development Code and Medical Marijuana Primary Care-Giver use without violating the Colorado State Constitution or federal statutes, was read and passed on first reading in December, 2009; and WHEREAS, the Englewood City Council established a Temporary Suspension or Moratorium on the establishment of new Medical Marijuana Dispensing and growing uses for a six month period by the passage of Ordinance No. 34, 2009; and WHEREAS, the Englewood City Council extended the suspension or moratoriun1 on the establishment of new Medical Marijuana Dispensing and Growing uses for a period of four months by the passage of Ordinance No. 5, 2010; and WHEREAS, the Englewood City Council extended the existing temporary suspension or moratorium on the establishment of new Medical Marijuana Dispensing and Growing uses for a period of six months with the passage of Ordinance No. 14, 2010; and WHEREAS, the Colorado State Legislature passed state legislation pertaining to Medical Marijuana by passage of House Bill 10-1284 [signed by Governor on June 7, 2010]; and WHEREAS, this Ordinance does not regulate medical marijuana patients or primary medical marijuana care-givers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section l(C), entitled "Table of Allowed Uses", of the Englewood Municipal Code 2000, to read as follows: 11 b i 16-5-1: Table of Allowed Uses. C. Table of Allowed Uses. [EDITOR'S NOTE: The recommended changes are only effective in the Commercial portion of the table. The Residential Uses and Public/Institutional Uses portions of Table 16-5-1.1 Table of Allowed Uses contain no changes and are therefore not included here] . . . . ..TA.BLE 16-~_..,Li: TABLE OF ALLO\VEi> USES .. , -, ·-· .,, .,. ~.: _ ;~~/\--'~~ i> = PERMITTED USE .:,, · C = CONDITIONAL USE · .. A= ACCESSORY USE. T= TEMPORARY USE t:= LIMITED 'USE , ":~-"·.c c-A = AccEssOitY usE APi>RoVEn coNritttoNALLY t-A = AccEssbRY usE APPROVED wiTEt LIMitEt>·usk J>Rocil:ritrfiiJ ,-<'\<-" . -# -~ .,.. 'b. ~ , • ~ ,,#"1,;. R ~~:;. \ .... Use Category COMMERCIAL USES Adult Use All types as defined in Cha ter 16-11 Agricultural Use Greenhouse/nur sery, raising of plants, flowers, or nurse stock Animal Sales and Animal shelter p p p p t--------t---+---+---ic---t---+-----+---+----t---+-----+---+---+--S e rvi c e Kennel/day care Pet store (live animal sale p p L p p p p 16-5-2.C.1 p 16-5-2.C.2 p p p . ~ C ~-~ Us e Cat eg~ry • · Small animal veterinary L L p C p p hospital or clinic Assembly Assembly hall or auditorium, hall rental for meetings or p p p C p p social occasions Membership organization (excluding p p p C p p adult use Dependent Care Dependent care center 16-5-2.C.7 (less than 24-C C C C C p p p p p p C hour care, an a e) . .. · ':tABLE i6-5-Ll: TABLE OF ALLO~DUSES1 -_..,. -. -~--.7 _;___ ........ ~ ". :-.:scf~;~: P = PERMITTED USE , · C = CONDiTiONAL USE-A = ACCESSORY USE T= TEMPORARY USE , . L= LIMttEb T[SE ,< _7•· C-•A = ACCES-SORY USE .APPROVE.b .CONDIT!ONAtLY L-~ == ACCE~S~RyJJSE ~i>R,OVE.b-~T!J~~EDJ JSE f-¥S ~~-! bse Category : -. Entertainment/ Amusement: Indoor Entertainment/ Amusement: Outdoor Fmancial Institution ; .. --- tJse Type .. .. Amusement establishment Hookah Lounge Phy sical fitness cent er/spa Theater and performance/ co ncert venue, not including adult entertainment General outdoor recreation Check cashmg facility Fmancial mstitution, with drive-through service ,. R R 1 1 A ~ B ' :_ Resideµtial R R ' R 1 2 2 C A B _ ' 1\1:· u R 3 B - M . 0 i ··M . -M ·-.f 2 M 0 2 C p p p N oli'-Resi dential ' M ~ "'-lvf :.u .. _U . :: : ;~ ·~ ·'B ·B ,i 2 C C p p p p p p C p L C p p Y.I )':r{~ , -c. ,~ ; ~: Adciiti~n~L~ ~ ~"¥~~ a~tl1~~~ :; ·:·· . #~r .. C C p p p p p p C C p p p p . . ·-· . . · ' . TA.B UE ;1 6.a SZl i · TABl/Ei O F·"ALt,OWE D :us ES ~ ,-,,-, .. ,-S< ,i}". ,,, ;(~'/;;:~"' '\.,"i1,'(\,,,,,,f' ,,-~"-':;•?,.: ·rnr;{'t'z\~\fy p ,= PERMITTEDUS E . .,l,c ~iCOND iTIONAL ;us'iit:i iA'WAccts 's·dn.\JUitl i;T~~t EMPd ~f~usit )li\}ttf~·rih\iit khiifl C-A = ACCES SORY US E APPRO Ylt:o ;'.c 6NPiTioNAJ;;UYf\:'/-. :'t ?A;:AcCESSbity vsit~PP ROVEh\v:iiii;iJ1vtiT,ED1Ds)i} .... _ ;;',~1 :' , ;,'· : i~·\1 rr if\ . f-}/_ /\ .. ~ ?({.2,1:,, ' -~ :rf~~d·\·:·: '\;?J~-1~ . (L:<f\:-~,:, -~~"fi-:·. ,;':) /,,..,i -~~(; ~ ~{~t~-i' '. .. }, ·.' :, ~: ... •i,' . ~~!_'.:./ ?y.. ·:~ .. ::::~ .-~r~ '..~-i-,;,\;~r~: ~:·-;\)~;~~i;:;~:I Use Category .,,. ~. ~ . .! . Financial institution, p p p p p p without drive- tbrou h service Food and Brew ub p p p p p p Beverage Service Caterer p p p p Microbrewery p p p Restaurant, bar, tavern with or p p p p p p without outdoor o erations Restaurant, with drive-L p p tbrou h service Take out and p p p delive onl Medical/Scientific Clinic p p p p p p p p Service Hos ital p p p p p p . . ... _. . _ . __ ...,_ .·. _,_ __ T_b.BLE_~6 -S;J..i :}'~L]t_()F,Af:.LQ~DiJSES , ;, -· ·,=:;.~,:;::,,::,.•,72 -:<~ _, -_-= . .....,,:>~~ r = PERMiTTED US E ___ 5?: = -':CQNi>I:ftO~~-US}!, ,:i,} .. A := -~C.£_ESSb:In.~ ps~ < ·T= :~E~O~Y u:sE, -; ~f'.'." 1::,:tMtr~~ U:SE_ ;i.,.~;f G -A = ACCESS ORY USE APPRO VED COND ITI ONALLY ., ; L-A =ACCESS ORY USE AP PR OVE D WITH LIMITE D USE 'PRO CEDURE .t ·-. '..; •. -:1_, ..,.:.~~ --~.:..0":'-• -~,..;~-~,-....--a.--! ... -,_...;,.__1-;;'·--f.· ·:::. ".': 1..-:,C --::, "'rf-~-1---~ .... :-=, .,:-1..:~ }~~ ~--~-~_..;..,a,.-.,._ ... .;,.:,.c-. ~-~ . ·--.i-, ~ \-_· ~;..;.~ -==~,~ Use Category Me di cal Ma riiuana Office ..,;.,..._ ..... ,;..·; .. , -:~ " U se,typ~~;. ,. ·· Laboratory ( dental, medical or optical) Medical Marijuana Center Medical Mariiuana Optional Premises Cultivation OnPn1tion Medical Marijuana- Infused Products Manufacturer Office, type 1 (general) R 1 B - ·. ,, Reside:dtial R ~--, R.-.: R -.r}i ·1 . 2 ·". 2 . U C A ' B R ;:--1, "'::. ~: :'."3 . .--A :.:, ' p p p p p p p p p p p p p p p p p 16-5-2,C.13 16-5-4,C,1,f 16-5-2,C,13 16-5-4,C,1,f 16-5-2.C,l 3 16-5-4,C,1.f · ::~ . -.. -'. .. l;t;.t+it;·;rt~l'::t:::~:ltt~P~Kt'. '.'t f ~-~~Rr{~t-t?~D.psts,\1_1,\·"._,~1f~~t:ii1~< P = PE~ITTED;.:p:~JJ?i::?}C~ ,~9,~I:lJ]9,~i\f.t . ?-i,=:=:.~f:,9,E~~9.RY, U~r -:::, T~, !El\~l~O~Y,:-q~ C-A = CESSORY, · S , -ROVED WI · •~ I ~ 1 ; •~ •~ ' •j?• ~~;r. (i~1~1?~i •-J1fi-~: Retail Sales and Service (Personal Service) Crematorium Dry cleaner, drop-off site onl Instructional service Massage thera Mortua Personal care p p p p p p p p p p p p p p p p p p p p p p p p p p p 16-5-2.C.8 C p p p p p p p p TABLE i6-5-Li: TABLE OF ALLOWED USES --. •·. ·. :;·_-~/:'.:';'; P = PERMI TTE D U SE · C = COMJ1T10NAL USE A= ACCESS ORY USE . T~ TEMPORARY USE . V = LIMiTE;:i? -vsi ~t~'~: C-A = ACCESSO RY USE AP PR OVED CONDitI ONAtLY L-A = ACCESS ORY USE AP PROVED "'ITH tiMITED USE PR OCEDUREW Use Category Retail Sales and Service (Repair and Rental) R etail Sale s and Use Type Service: photography studio and photo lab, upholstery, printer, lo cksmith, tailor Tattoo and body-piercing establishment Temporary employment business Equipment rental Repair shop (not including auto) Antique store R 1 ·-A- ···-. ,. R i B R~sidehtial . ·Non-Reside~~~tl -~ ·. :· -~ -·-:f~}~ p p p p p p p p C C 16-5-2 .C.11 L p p p p p p p p p p p p p p Service (Sales) Art allery Auction house Buy-back shop, second hand, thrift, cons1 ent Convenience store Grocery/special t food store Internet sales location Li uor store Pawnbroker ;/1\i ,,;u .: .I.~ . ·' ~-- ,. ,, , ,' :, :,1 · p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p 16-5-2.C.10 TABLE 16-5-Ll: TABLE OF ALLOWED USES .:-,_-=, ,. P = PERMITTED US E .. · C = C ONDirIQNAL USE A==: ACCESSORY USE T= TEMrORARY USE ... :L=;T,lMiTED USE · . · · ~,. C-A = ACCESSO RY USit°.APPROVED coNtiitIONALLY L-'A == ACCESS ORY USE.APPR OVED Wit:Ei: LllViIT:im'UsE PROC EDURE°~} " ,-• • ,, ..'j r • -;f• _.,_ ~ ,. • 1 ,. •-'~ <' • ?·_ ~,:'• ;_, , .-;;-' • ' •~ -' ...,,~. • ~• _ -'• .... , t~• ~ ,L~ Use Category . School Studi o V ehicle and E quipment Retail sales, g eneral merchandise Trade or business school Radio/televisio n broadcasting studio , recording/film studio Automobile awnbroker Automotive sales, rental __ Resid M. ·O ., :'.l ". p p p p p P P/C P p C p p p p p L p p p p p p ForTSA , P if 520,000 sq. ft ., C if> 20,000 sq. ft . of gross leasable floor area 16-5-2.C.12 16-5-2.C.10 16-5-2.C.3 . ·,.:: ... ,,.,_;,,::-· · , 1,i,:. <tAB:UE116:as%Hi: TABI2'.EKOF A LLOWED/0SES ... ,r.; .. ·~~/:;:":;:i •. ,, . . P ·= PE~ITTED USE ',c,:.C =.CONDITIONAif UsE l·.,'\ A<~:i\.C CESS ORY:.tJi it\i~:Tr rEMP()RA:ili'.:t ', C-A ='.A:ecEss'oRY USEAPPROVED\~oNihTid Ni'L Lit · ,' }L~X·,;ricciss ORY:USE ,ij, '• '•"•" ,..,,~, ·•~< -~~' :·{ .·• ,· ' -.·-•.. ',.j,•,-~ .. ,-~->,:,;\f<~/il.:.. ':,:-~!.:,~·- Us Automotive service and repair, including body or fender work Automotive service and repair, not including body or fender work Automotive service station (gasoline facili Car wash, auto detailin Commercial storage of operable vehicles L L L p p p p p p L L p p 16-5-2.C.4 16-5-2.C.4 16-5-2.C.5 16-5-2.C.6; 16-5-2.C.4 16-5-2.C.3 tJse _Category Visitor Accommodation Fuel dispensing Parking facility, structure (operable vehicles), principal use Parking area, surface (operable vehicles), principal use Recreational vehicles and boats, sales or rental Bed and breakfast Hotel C C ·M C) l . C C C C p p 2 C C p p L L L C L L C L p p p p p p p p p p p p 16-5-2.C.3 16-5-2.C.14 16-5-2.C.13; 16-5-2.C.3 '-,p C-A Us Wholesale Hotel, Extended Stay Sales and distribution p p p p p [EDITOR'S NOTE: The recommended changes are only effective in the Commercial portion of the table. The Manufacturing/Industrial Uses, Accessory Uses, Temporary Uses, and Uses Not Mentioned portions of Table 16-5-1.1 Table of Allowed Uses contain no changes and are therefore not included here J Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 2(C), by the addition of a new subsection 13 "Medical Madjuana" of the Englewood Municipal Code 2000 to read as follows: 16-5-2. Use Specific Standards £;,. Commercial Uses 13. -Medical Marijuana. &k All Medical Madjuana Uses shall comply with State regulations and City of Englewood Licensing requirements. Q. Facilities in MU-B-1, MU-B-2, and M-2 zone districts: Cultivation and Infused Product Manufacturing uses are allowed only as accessory uses to a principal Medical Marijuana Center provided the square footage of the total operation does not exceed five thousand (5,000) square feet. Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 11, Section 2(B) -"Definition of Words, Terms, and Phrases" of the Englewood Municipal Code 2000 by inserting in alphabetical order; in order to match/align with the Colorado state legislation the following definitions: Medical Mari;uana: all parts of the plant (genus) cannabis used in the treatment of debilitating medical conditions as defined in the Colorado Constitution Article XVill, Section 14 . Medical Mariiuana Center: means a person licensed pursuant to Article 43.3-104 of Title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C.R .S. that sells Medical Marijuana to registered patients or primary Care-Givers as defined in Section 14 of Article XVID of the State Constitution, but is not a primary Care-Giver. Medical Marihiana-Infused Products A1anufacturer: means a person licensed pursuant to Article 43 .3 of title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C .R.S. Medical Mariiuana Optional Premises Cultivation. Operation: means a person licensed pursuant to Article 43.3 of Title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C.R.S. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 4(C), by the addition of three new Subsections (11), (12), and (13) to the Englewood Municipal Code 2000 to read as follows: . ' 16-5-4: -Accessory Uses. C. Accessory Uses Permitted . Table 16-5-1.1 includes accessory uses and shows in which zoning district a specific accessory use is permitted. If an accessory use is not listed in Table 16-5-1 .1, but satisfies all the general standards set forth in subsection l 6-5-4(B) EMC, the City Manager or designee may allow its establishment according to the procedures and criteria in Section 16-5-l(B) EMC, "Unlisted Uses." In addition, all unlisted accessory uses shall be subject to compliance with the general, dimensional, and operational standards set forth in this Section 16-5-4 EMC. 1. Home Occupation. Occupations customarily incidental to the principal use as a residence may be allowed when conducted in the same dwelling, provided the following standards are met: a . Districts Allowed. Home occupations are allowed in the following districts: R -1-B, R-1-C, R-2-A, R-2 -B, MU-R-3-A, and MU-R-3-B. Only one (1) home occupation shall be permitted per dwelling unit. Home occupations may be permitted accessory to principal residential uses located in nonresidential districts ( e.g., in a manufactured home park located in an industrial district) provided the home occupation complies with all requirements of residential district home occupations herein. b . Where Allowed on Site. The home occupation shall be operated entirely within the dwelling unit and only by the person or persons maintaining a dwelling unit therein. The home occupation shall not have a separate outside entrance . The home occupation shall not be conducted in a detached accessory structure. c . Registration. All home occupations shall register with the City. d. Sales. (1) On the Premises. The sale on the premises of items that have been made , grown, or prepared on the premises shall be permitted. The sale on the premises of any item that has not been made, grown, or prepared on the premises shall be prohibited. (2) Off the Premises. Sales off the premises of such items as personal or household goods such as those products offered by Avon, Amway, Fuller Brush, Watkins,· etc., shall be permitted. e. Operational Requirements. (1) No assistants or employees that are not residents of the principal dwelling unit shall be employed in the home occupation. (2) The hours and manner of such uses and the noise created thereby shall not interfere with the peace, quiet, or dignity of the neighborhood and adjoining properties. (3) Incidental storage shall be allowed for items made on the premises and/or sold off the premises consistent with this Section. ( 4) The home occupation, including storage of materials, equipment, inventory, and/or supplies, shall not utilize more than three hundred (300) square feet ; provided, however, that this does not apply to pennitted home care accessory uses. (5) The use of electric motors shall be limited in power, with a total limitation of one and one-half (1 ½) horsepower, and no single unit over three-fourths(¾) horsepower. f. Prohibited Uses. In no event shall any home occupation include the following business or conunercial activities: (1) Animal hospital or kennel, animal daycare, breeders, except licensed canine and feline breeders. (2) Asphalt paving business . (3) Barbers, hairdressers, cosmetologists, beauticians or any activity involving the skin, hair or nails . ( 4) Body, mechanical repair, or modification of motor vehicles. (5) The sale, storage, manufacture, or assembly of guns, knives or other weapons or ammunition. ( 6) Dump trucks. (7) Restaurants. (8) Towing business. (9) Processes involving the dispensing, use, or recycling of hazardous or flammable substances and materials. (10) Automotive vehicles sales requiring a state dealer's license. ilD Medical Mariiuana Centers. ,(J1l Medical Maiiiuana-Infused Products manufacturers. ill), Optional Premises Cultivation Operation. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2, Chapter 6, Section 1 "Licensing Authority Established" of the Englewood Municipal Code 2000 to read as follows: .. Chapter 6 LOCAL LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY. 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 46, 4 7 and 48 of Title 12, C.R.S. 1973. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical Marijuana Licenses upon payment of.a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 of Title 12 C.R.S.: 1-A Medical Marijuana Center License: A Medical Marijuana Optional Premises Cultivation Operation License: A Medical Marijuana-Infused Products Manufacturer License . Section 6. The City Council of the City of Englewood, Colorado hereby authorizes repealing Title 5, Section 22, of the Englewood Municipal Code 2000 in its entirety. 5 22 1: DEFINITIONS: As used in this Section, the following tenns shall have the meanings indioated: },{cdical Marijuana: All parts of the plant (genus) cannabis used in the treatment of debilitating medical conditions as defined in the Colorado Constitution Artiole XVID, Section 14 . },{cdical Marijuana Patient: A Patient as defined in the Colorado Constitution Article XVIII, Section 14, 1.vho is registered as a Medical Marijuana Patient 1,vith the State of Colorado. 11i.,fedical ,\farijuana Prima1y Care Giver: l'x person, as defined in the Colorado Constitution Article XVIII, Section 14, 111ho is listed by a Medical Marijuana Patient as a Primar/ Care Giver on the State Medical Marijuana registry. Medical },farijuana Registry Card: l\ registration card issued to a Patient, as defined in the Colorado Constitution l\rticle XVIII, Seotion 14; by the Colorado Department of Public Health and Enviromnent which also identifies the Patient and the Patient's Primary Care Giver. snortation of . austion, use or tra~. P aadress a e aisitioa, possoss,o~, pro sueh moclieal manJoona to "ill •1edieel Ma,ij,..n~ U,e :li::::.~ kl tho ~•::~olorado Constitution Arue!o XT , "m' arij·uana or para.~nerna.d. al sondition as define m Tt t Hg ffi8u16 :t Pationt, s deb, H•~ -t (genus) eannabis, Soetion 14 . b· ds and flowoea of the plaar . deiined in tho . . . The seeds, leaves, u. ' . . te for medwa.l use as n1.a .,uuana. 1 . h . 8 a.pprnpna Usable i4'orm O,rn '~ t' on thereof, Vh116 m · t e or prepa.ra. 1 t' =d 4 d any nniv:n---. I X"ill Soe ➔er . . f3/ an I do Gonstirntion Arne o " , • d ' 1 Marij'uana. Pnma. Go-ora , li any ho ,ea,, '" . shall bo unlawfu, ~r --" . ofter, disp OftSB, or _gro» S 22 2: LICENSE REQIJI.RED. p~ssess , prodaoo, uso, :a"~~~~'wiihoat fimt obtaunng a Care Giver, ~~ defo:e~, t:.::~::~ ~a.raphernalia. or to sell t e a d . ! llaftj uana mm 0fu . Morna " 0 Git. ofEnglowo -• . shall bo issued m lisense from th Y E· A 1-feaisal Ma.rijua.~a hsedn~e . a=' Ca.re Giver. I:,JGENS-n :tn. store-r nm · J A ON FOR . f Colorado regi :e::,~:::!'!:.:!'2i,!tor I of !ms Title to a State o la ddition to all otho. prnvisions of <ms UIREMENTS: } a. . . SPECIAL I:,JCENSE ~Q ply to this lrnense. S 22 4 · 0 ~ · I roqumm,onts sp · 14 0rBj' . ho fullowing spoo,a --. ' . lo XVID, Soetaon ~ Title, t c nstitutwn nr"6 , bo heooso<h thorized by the Colorado ~o Health and Enviromnent may A Only a pr"'i""'c:orado Dspartmeat ofPR!Jbe ll Chapter shall not Rules o Ho . d purnuant to HlS RA.BLE: A Lisense issue G. E NOT TRANSFE~ ~s~od to another ponmn. c . t to a sriminal baskgi·ound uo 1an <II bo SUUJOS d "ftho TND INVESTIGA.TIO~f: ,~pp~is:a.n~h:1applisation will be rejects i BA.GKGROU art of tho applieat10npaoo . , eomiolions. Hwostigat10n asp d I ek cliselosos any foloE) .. d S'tote . . 1 c I =onn ""' . f all roqun o o• srmuna uac~& . l il hal'e sopies o .· 'Care Givers 1a • . 1 Harijaa.na. Pnmar:, B. , lieonsod Medwo ~ ·,iilab lo. · Ch tm ' f Colo.ado rogistrat10ns a, d nalifieations of tins - o . meet tho proseribod st:"'dm'<iel..: ,!owo1 of the Ii-..& Failure of ~n apphca.~:~r revocation, suspens1011, or shall oonst1tute grom 22 S: REQUIRIID ACTS: . .. .. w, all applioable s-_ I"''"• and S . ' Garo Givo.s shell_ oompl) ~ . ea! Marijuana or maniuan d' 1 Harijua.na. Prnna.f) 1 r possession of Medi A Me wa ,. . t the use sa e o . . gulations relatmgo , 10 r · f thoir inventory, parap!,erna ➔a. II l aoourato roeords 8 p . a1~, Care Givers sha ,e~p Gffioer -r. fedisal Marijuana.nm J_ n1·1·ed by the Lisensmg . B . "' ·ds asa oq" . 'or at least sales, and other room-rds of all transaotaons" C ·e Gi· HOfS shall keep reco · ,:,.,, ~ a1 -• d . 1 Harijua.na Pnma..J G. Me 10a, three (3) years. D. Licensed Medical Marijuana Primary Care Givers shall only make sales to persons with a valid Medical Marijuana Patient Registry Card issued by the Colorado Department of Public Health and Environment. :g_ Licensed Medical Marijuana Primary Care Givers shall possess a copy of a valid Medical Marijuana Patient Registry Card issued by the Colorado Department of Public Health and Em'ironment for all sales. 5 2,2, a: PROHIBITED ACTS: A. No Medical Marijuana Primary Gare Giver shall sell or otherwise provide marijuana to anyone other than persons v;ith a valid Medical Marijuana Registry Gard issued by the Colorado Department of Health and Environment to registered Patients. Section 7. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 3, of the Englewood Municipal Code 2000 creating a new Chapter 3D to read as follows: 5-3D-1 : Purpose, A. The Englewood City Council hereby declares that this Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. B. The City further declares that it is unlawful to cultivate, manufacture. distribute, or sell medical marijuana, except in compliance with the terms, conditions, limitations. and restrictions in Section 14 of Article XVIII of the State Constitution and/or when acting as a primary care-giver in compliance with the terms. conditions. limitations, and restrictions of Section ?5-1.5-106 C.R.S. 5-3D-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority shall grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana as provided by law: suspend, fine, restrict, or revoke such licenses upon a violation of this Title, or a rule promulgated pursuant to this Title: and may impose any penalty authorized by this Title or any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessarv for the proper regulation and control of the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts the minimum licensing requirements of Article 43.3 of Title 12 C.R.S. when issuing a License. D. In addition to all other standards applicable to the issuance oflicenses under this Code, the Local Licensing Authority hereby adopts additional standards for the issuance of Medical Marijuana Center, Medical Mariiuana Optional Premises Cultivation Operation, or Medical Mariiuana-fafused Products Manufacturer Licenses consistent with the intent of Artic le 43.3 of Title 12 C .R.S . and this Code as follows: l -Distance restrictions between premises in or out of City limits for which Local Licen ses are issued: (ill If the building in which Medical Mariiuana is to be cultivated. manufactured or sold is located within two thousand feet (2.000') of a school. an alcohol or drug treatment facility. or the principal campus of a college, university. seminary. or a residential child care facility or within two thousand five hundred feet (2.500') of an existing licensed Medical Mariiuana Center, Medical Mariiuana-Infused Products Manufacturer or Medical Mariiuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned bv,a municipality: nor shall the provisions of the Section apply to existing licensed premises on land owned by the State , or apply to a license in effect and actively doing business before said principal campus was constmcted. (QJ The distances refened to in this Title are to be computed by direct measurement from the nearest prope1iy line of the land used for a school or campus to the nearest portion of the building in which Medical Mariiuana is to be sold, cultivated or infused, using a route of direct pedestrian access . z. Reasonable restrictions on the size of an applicant's Licensed Premises. (ill All Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. ;i. Any other requirements necessaiy to ensure the control of the premises and the ease of enforcement of the tenns and conditions of the License. (ill Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. 5-3D-J: Definitions. Good Cause: for purposes of refusing or denying a license renewal. reinstatement, or initial license issuance means: 1 . The licensee or applicant has violated, does not meet, or has failed to comply with any of the tenns, conditions, or provisions of Article 43 .3 of Title 12 C.R.S., and mies promulgated pursuant to this Title, or any supplemental local law, rules, or regulations; 2 . The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State or Local Licensing Authority: . ' ~-The licensed premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. License: means to grant a license or registration pursuant to this Title . Licensed Premises: means the premises specified in an application for a license under this Title, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions of Article 43 .3 of Title 12 C.R.S . Licensee: means a person licensed or registered pursuant to Article 43 .3 of Title 12 C .R.S . and this Title. Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana Licensing Authority. Local Licensing Official: means the Director of Finance and Administrative Services or designee . Location: means a particular parcel ofland that may be identified by an address or other descriptive means. Medical Mariiuana : means Marijuana that is grown and sold pursuant to the provisions of Article 43.3 of Title 12 C .R.S . and for a purpose authorized by Section 14 of Article XVill of the State Constitution. Medical Mari;uana Center: means a person licensed pursuant to Article 43.3 of Title 12 C .R.S. to operate a business as described in Article 43 .3 of Title 12 C.R.S . that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVill of the State Constitution, but is not a primary caregiver. Medical Mariiuana-Infused Product: means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments . and tinctures. These products, when manu factured or sold by a licensed Medical Marijuana Center or a Medical Marijuana-Infused Product Manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S. Medical Mariiuana-Infused Product Manufacturer: A person licensed pursuant to Article 43.3 of Title 12 C.R.S. to operate a business as described in Article 43 .3 of Title 12 C.R.S. Medical Mariiuana Optional Premises Cultivation Operation: means the premises specified in an application for a Medical Marijuana Center License with related growing facilities in Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose authorized by Section 14 of Article XVID of the State Constitution. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Person : means a natural person, partnership. association, companv, corporation, limited liability company. or organization, or a manager. agent, owner, director, servant, officer, or employee thereof. Premises : means a distinct and definite location. which may include a building, a part of a building, a room, or any other definite contiguous area. School: means a public or private preschool or a public or rnivate elementary, middle, junior high, or high school. college or campus of a college. Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or Medical Marijuana as defined by Article 43.3 of Title 12 C .R.S. State Licensing Authority: means the Authority created for the pumose of regulating and controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical M£riiuana in this State, pursuant to Article 43.3 of Title 12 C .R.S . In addition to the definitions set forth in Section 14(1) of Article XVIIl of the State Constitution, as used in Article 43.3 of Title 12 C.R.S., unless the context otherwise requires, "Prima1y Care- Giver" means a natural person, other than the patient or the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of the patient who has a debilitating medical condition. 5-3D-4: Applications -Licenses. A. An application for a License shall be filed with the Local Licensing Authority on fonns provided by the State and Local Licensing Authority. The application shall contain such infonnation as the State and Local Licensing Authority may require. Each application shall be verified by the oath or affirmation of the persons prescribed by the State and Local Licensing Authority. B . An applicant shall file at the time of application for a Local License plans and specifications for the interior of the building if the building to be occupied is in existence at the time . If the building is not in existence, the applicant shall file a plot plan and a detailed sketch for the interior and submit an architect's drawing of the building to be constructed. In its discretion. the Local or State Licensing Authority may impose a dditional requirements necessary for the approval of the application. 5-3D-5: Public Hearing Notice -Posting and Publication. 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 hearing 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 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 applicant of a sign in a conspicuous place on the Medical Mariiuana Center premises for which application has been made and by pub lication in a newspqper of general circulation or the City's official website in the City in which the Medical Mariiuana Center 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 of letters not less than one inch 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 manager of the facility to be licensed. C . Public notice given by publication shall contain the same infonnation as that required for ~ D . If the building in which Medical Maiijuana is to be sold 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 to the general public . 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 . E . 1. 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 pennit a concurrent review will continue to independently review the Applicant's 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 pennitted 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. 5 -3D -6: Results of Investigation -Decision of Authorities. A. Not less than five (5) days prior to the date of the public hearing authorized in Section 5-3D-5 EMC, the Local Licensing Official shall make known the findings , based on its investigation, in writing to the applicant and other parties of interest. The Local Licensing Authority has authority to refuse t o is sue a License provided for in this Section for good cause, subject to judicial review. B. Before entering a decision approving or denying the application for a Local License, the Local Licensing Authority may consider. except where this Code specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number. type, and availability of Medical Marijuana outlets located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. C. Within thitiy (30) days after the public hearing or completion of the application investigation, the Local Licensing Authority shall issue its decision approving or denying an application for local licensure. The decision shall be in writing and shall state the reasons for the decision. The Local Licensing Authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application. D. After approval of an application, the Local Licensing Official shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessaty to comply with the applicable provisions of this Title and State Statute, and then only after the Local Licensing Official has inspected the premises to determine that the applicant has complied with the Architect's Drawing and the Plot Plan and detailed sketch for the interior of the building submitted with the application . E. After approval of an application for Local Licensure, the Local Licensing Official shall notify the State Licensing Authority of such approval, who shall investigate and either approve or disapprove the application for State Licensure. 5-3D-7: Medical Marijuana License Bond. A. Before the Local Licensing Official issues a Local License to an applicant, the applicant shall procure and file with the City Licensing Authority evidence of a good and sufficient bond in the amount of five thousand dollars ($5,000.00) with corporate surety thereon duly licensed to do business with the City, and conditioned that the applicant shall rep01i and llilY all sales and use taxes due to the City. or for which the State is the collector or collecting agent, in a timely manner, as provided by law . B. A corporate surety shall not be required to make payments to the City claiming under such bond until a final detennination of failure to pay taxes due to the City has been made by the City Licensing Authority or a Court of competent jurisdiction . C. All bonds required pursuant to this Section shall be renewed at such time as the Bondholder's License is renewed. The renewal may be accomplished through a continuation certificate issued by the surety. 5-3D-8: Denial of Application. A. The Local Licensing Authority shall deny a Local License if the premises on which the applicant proposes to conduct its business do not meet the requirements of this Title or for reasons set forth in this Chapter. B. If the Local Licensing Authority denies a Local License, the Applicant shall be entitled to a hearing pursuant to this Title. The Local Licensing Authority shall provide written notice of the grounds for denial of the Local License of the applicant. 5-3D-9: Persons Prohibited as Licensees, The Local Licensing Authority hereby adopts the provisions and restrictions set forth in 12-43 .4- 307 C.R.S. 5-3D-1Q: Restrictions for Applications for New Licenses, A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this Title. 1 . If the application for a State or Local License concerns a particular location that is the same as or within one thousand feet (1,000') of a location for which. within the two (2) years immediately preceding the date of the application, the State or a Local Licensing Authority denied an application for the same class of license due to the nature of the use or other concern related to the location: 2. Until it is established that the applicant is. or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises: 3. For a location in an area where the cultivation. manufacture, and sale of Medical Marijuana as contemplated is not permitted under the applicable zoning laws. 4. a . If the building in which Medical Marijuana is to be cultivated, manufactured or sold, is located within two thousand feet (2,000 ') of a school, an alcohol or drug treatment facility, or the campus of a college, university. seminary. or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana Center. Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality: nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. b . In addition to the requirements of Section 12-43.3-303 (2) C.R.S .• the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Medical Marijuana is to be sold is located within any distance restrictions established by or pursuant to this Paragraph 4 . c. The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, using a route of direct pedestrian access . 5-3D-11. Transfer of Ownership. A. A State or Local License granted under the provisions of this Title shall not be transferable except as provided in thfa Section, but this Section shall not prevent a change of location as provided in Section 12-43.3-310(13) C.R.S . B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority . In detennining whether to permit a Transfer of Ownership. the Local Licensing Authority shall consider only the requirements of this Title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. The Local Licensing Authority may hold a hearing on the Application for the Transfer of Ownership. The Local Licensing Authority shall not hold a heaiing until the Local Licensing Authority has posted a notice of hearing in the mam1er described in Section 12-43 .3-302(2) C.R.S. on the Licensed Medical Marijuana Center premises for a pe1iod of ten (10) days and has provided notice of the hearing to the applicant at least ten (10) days prior to the hearing. Any transfer of ownership hearing by the Local Licensing Authority shall be held in compliance with the requirements specified in Section 12-43 .3-302 C.R.S. 5-1D-12: Licensing in General . The Local Licensing Authority adopts the provisions and restrictions set forth in 12-43.3 -310 C.R.S. and Title 5 Chapter 1 EMC. 5-1D-13: Licensing Renewal, A. Ninety (90) days prior to the expiration date of an existing License, the State Licensing Authmity shall notify the Licensee of the expiration date by First Class Mail at the Licensee's address ofrecord with the State Licensing Authority. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than fortY.: five ( 45) days and to the State Licensing Authority not less than thi1iy (30) days prior to the date of expiration . A Local Licensing Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in Sub section B, of this Section. The State Licensing Authority may extend the expiration date of the License and accept a Late Application for Renewal of a License provided that the applicant has filed a timely renewal app lication with the Local Licensing Authority . All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The State or the Local Licensing Authority. in its discretion, subject to the requirements of this Title and based upon reasonable grounds, may waive the forty-five ( 45) day or thirty (30) day time requirement set forth in this Title . The Local Licensing Authority may ho ld a hearing on the application for renewal only if the Licensee ha s had complaints filed against it: and h as a history of violations: or there are allegations against the Licensee that would constitute good cause . The Local Licensing Authority shall not hold a renewal hearin gprovided for by this Title for a Medical Marijuana Center until it has posted a notice on the Licensed Medical Marijuana Center premises in the manner describer in Section 12-43.3-302(2) C.R .S. for a period of ten (l 0) days and provided notice to the Applicant at le as t ten (l 0) days p rior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause, subject to Judicial Review . B. 1. Notwithstanding the provisions of Subsection A of this Section, a Licensee whose License had been expired for not more than ninety (90) days may file a Late Renewal Application upon the payment of A Nonrefundable Late Application Fee of Five Hundred Dollars ($500.00) to the Local Licensing Authority. A Licensee who files a Late Renewal Application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application unless the State or Local License Authority summarily suspends the License pursuant to Article 4 of Title 24, C.R .S., this Title, and rules promulgated pursuant to this Title. 2. The State and Local Licensing Authorities may not accept a Late Renewal Application more than ninety (90) days after the expiration of a Licensee's Permanent Annual License. A Licensee whose Pennanent Annual License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Medical Marijuana until all required Licenses have been obtained. ;i. Notwithstanding the amount specified for the Late Application Fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee . 5-3D-14: Inactive Licenses, The State or Local Licensing Authority, in its discretion, may revoke or elect not to renew any License if it detennines that the Licensed Premises have been inactive, without good cause, for at least one (1) year. 5-3D-15: Unlawful Financial Assistance, A. The State and Local Licensing Authority, by rule and regulation, shall require a complete disclosure of all persons having a direct or indirect financial interest, and the extent of such interest, in each License issued under this Article. B. A person shall not have an unreported financial interest in a License pursuant to this Title unless that person has undergone a fingemrint -based criminal history record check as provided for by the State and Local Licensing Authority in its rules: except that this Subsection B shall not apply to banks, savings and loan associations, or industrial banks supervised and regulated by an agency of the State or Federal Government, or the FHA- approved mortgagees, or to stockholders, directors or officers thereof. k,· This Section is intended to prohibit and prevent the control of the outlets for the sale of Medical Marijuana by a person or party other than the persons Licensed pursuant to the provisions of this Title. 5-3D-J 6: Fees Every Medical Marijuana Center, Medical Marijuana-Infused Products Manufacturer, Medical Marijuana Optional Premises Cultivation Operation shall pay a fee. This fee is imposed to offset the cost of administering this License . This fee shall be detennined by the City Council and set by Resolution . 5-3D-17: Disciplinary Actions: Suspension -Revocation -Fines. A. In addition to any other sanctions prescribed by. the State Licensing Authority or the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a Public Hearing at which the Licensee shall be afforded an opportunity to be heard: to suspend or revoke a License issued by the respective authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this Title, or any other terms, conditions, or provisions of the License issued by the State or Local Licensing Authority. The State Licensing Authority or a Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books , and records necessary to the determination of a Hearing. B. The State or Local Licensing Authority shall provide notice of suspension. revocation. fine, or other sanction, as well as the required Notice of the Hearing pursuant to this Title. by mailing the same in writing to the Licensee at the address contained in the License. Except in the case of a Summary Suspension, a suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a part of the fees paid therefore shall not be returned to the Licensee. Any License or Permit may be smm11a rily suspended by the issuing Licensing Authority without Notice pending any prosecution, inv estigation, or Public Hearing pursuant to the terms of Section 24-4-104( 4), C.R.S. or this Title. Nothing in this Section shall prevent the Sutmnary Suspension of a License pursuant to Section 24-4-104(4), C.R.S. Each patient registered with a Medical Marijuana Center that has had it s License Summarily Suspended may inunediately transfer his or her Primary Center to another Licensed Medical Marijuana Center. C. 1. Whenever a decision of the State Licensing Authority or the Local Licensing Authority suspending a License for foutieen (14) clays or less becomes final, the Licensee may, before the operative date of the suspension, petition for pennission to pay a fine in lieu of having the License suspended for all or part of the suspension period. Upon the receipt of the petition, the State or Local Licensing Authority may. in its so le discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may. in its sole-discretion, grant the petition if the State or Local Licensing Authmity is satisfied that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; Q. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee wou ld have suffered had the suspension gone into effect can be detennined with reasonable accuracy: and Q... The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, eluting the two (2) years inunediately preceding the date of the Motion or Complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be not less than five hundred dollars ($500.00) nor more than one hundred thousand dollars ($100,000.00). 3 . Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the State or Local Licensing Authority. whichever is appropriate. D Upon payment of the fine, the State or Local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority. the governing body of the Authority shall cause the moneys to be paid into the General Fund of the Local Licensing Authority. Fines paid to the State Licensing Authority shall be transmitted to the State Treasurer who shall credit the same to the Medical Marijuana License Cash Fund created in Section 12-43.3-501 C.R.S. E. In connection with a petition, the Authority of the State or Local Licensing Authorityis limited to the granting of such stays as are necessary for the Authority to complete its investigation and make its findings and if the Authority makes such findings. to the granting of an Order permanently staying the imposition of the entire suspension or the portion of the suspension not otherwise conditionally stayed. F . If the State or Local Licensing Authority does not make the findings required in this Section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the State or Local Licensing Authority. G. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. No later than January 15 of each year, the State Licensing Authority shall compile a report of the preceding year's actions in which fines, suspensions, or revocations were imposed by Local Licensing Authorities and by the State Licensing Authority. The State Licensing Authority shall file one copy of the report with the Chief Clerk of the House of Representatives. one copy with the Secretary of the Senate: and six copies in the Joint Legislative Library . 5-3D-18: Inspection of Books and Records -Inspection Procedures. A. Each Licensee shall keep a complete set of all records necessary to show fully the business transactions of the Licensee, all of which shall be open at all times during business hours for the inspection and examination by the State or Local Licensing Authority or its duly authorized representatives. The State or Local Licensing Authority may require any Licensee to furnish such information as it considers necessary for the proper administration of this Title and may require an audit to be made of the books of account and records on such occasions as it may consider necessary by an auditor to be selected by the State or Local Licensing Authority who shall likewise have access to all books and records of the Licensee, and the expense thereof shall be paid by the Licensee. B. The Licensed Premises, including any places of storage where Medical Marijuana is grown, stored, cultivated, sold, infused or dispensed shall be subject to inspection by the State or Local Licensing Authorities and their investigators, during all business hours and other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by the Licensees, access shall be required during business hours . Where any part of the Licensed Premises consists of a locked area, upon demand to the Licensee, such area shall be made available for inspection without delay, and, upon request by authorized representatives of the State or Local Licensing Authority, the Licensee shall open the area for inspection. C. Each Licensee shall retain all books and records necessary to show fully the business transactions of the Licensee for a period of the current tax year and the three (3) immediately prior tax years. Section 8. Grandfather Clause. The cmrently licensed medical marijuana facilities located at 4332 S. Broadway, Englewood, CO 80113; 11 W. Hampden Ave., LlOO and L200, Englewood, CO 80110; and 3751 S. Broadway, Englewood, CO 80113 which were legally in existence as a business location prior to the effective date of Ordinance No. 34, Series of 2009, and are listed by the State as meeting the deadline for application shall be grandfathered and shall be considered to be: 1. A legal Medical Marijuana Center used for the purposes of Title 16 EMC. 2. A Legal nonconforming size under Title 16 EMC. if, on the effective date of this ordinance, it can show that the square footage of the existing licensed use exceeds the maximum square footage limit in this ordinance. · This showing must be by a detailed drawing of the currently licensed premises acceptable to the City Manager or designee . Once a Medical Marijuana use has been found to be grandfathered it shall be subject to all other requirements of the Title 16-9-1 et.seq. Section 9. Safety Clauses. The City Council hereby finds, deternunes, 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 th.is Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further detemunes that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 10. Severability. If any clause, sentence, paragraph, or part of thls 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 tlus Ordinance or it application to other persons or circumstances. Section 11. 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 12. 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 remain:irtg 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 13. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance unless otherwise specified in the Ordinance. Introduced, amended, read in full, and passed as amended on first reading on the 4th day of April, 2011. Published as amended by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of April, 2011. Published as an amended Bill for an Ordinance on the City's official website beginning on the 6th day of April, 2011 for thirty (30) days. A Public Hearing was held on April 1st\ 2011. Read in full, amended and passed as amended on first reading on the 2nd day of May, 2011. Published as amended by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of May, 2011. Published as an amended Bill for an Ordinance on the City's official website beginning on the 4th day of May, 2011 for thirty (30) days. Read by Title and passed on final reading on the 16th of May, 2011. Published by Title in the City's official newspaper as Ordinance No;J_j, Series of 2011, on the 20th day of May, 2011. Published by Title on the City's official website beginning on the 18 th day of May, 2011 for thirty (30) days. l ,,__, Y-V. 'L ='b, ,_Q 0 James K. Woodward, Mayor '-.___. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is IJ..,o/e copy of the Ordinance passed on final reading and published by Title as Ordinance Not?<' , Series of 2011. COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 4, 2011 11 a i Title 16: Unified Deve lopment Code Amendments Pertaining to Medical Marijuana Title 5: Amendments pertaining to Medical Marijuana Initiated By: Staff Source: Community Deve lopment Department Alan White, Director Audra L. Kirk, Planner I Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On August 1 7, 2009 City Council approved Ordinance No. 34, establishing a temporary suspension or moratorium on medical marijuana primary care-givers until licensing and zoning regulations could be put into place. This moratorium was set to expire on February 1 7, 20 10. On October 5, 2009 City Council approved Ordinance No. 41. This ordinance amends Title 5 of the Englew ood Municipal Code to include licensing for medical marijuana primary care-givers. On January 4, 2010, City Council approved Ordinance No. 5, extending the temporary suspension or moratorium on the establishment of new medical marijuana dispensing and growing uses. This moratorium was set to expire on June 17, 2010. On May 3, 2010 City Council approved Ordinance No. 14, extending the moratorium on the establishment of new medical marijuana dispensing and growing uses. This moratorium was set to expire on October 19, 2010. On August 2, 20 10 City Council approved Ordinance No. 30, extending the existing temporary suspension or moratorium on the establishment of new medical marijuana dispensing and growing uses. This moratorium expires on July 1, 2011. On September 13, 2010 City Council discussed zoning and licensing requirements for medical marijuana uses. A consensus was reached to increase the State spacing requirements as follows: 1. Any medical marijuana center, optional premises cultivation operation, or infused product manufacturer is required to be located at least 2,000 feet from any school , residential child care facility, and drug and alcohol treatment facility; 2. Any medical marijuana center is required to be located at least 2,500 feet from any other medical marijuana center; 3. These distances w ill be applied to medical marijuana centers, optional premises, cu lti vation operations, or infused product manufacturers and schools, child care centers and alcohol and drug treatment centers whether located inside or outside the corporate limits of Engle wood. The spacing requirements between the various medical marijuana facilities will be included under the licensing requirements in Title 5 of the Englewood Municipal Code. On February 28, 20 11 Council held a Study Session for the purpose of staff presenting recommendations from the Planning and Zoning Commission concerning zoning for medical marijuana uses . PREVIOUS PLANNING COMMISSION ACTION On September 9, 2009 the Englewood Planning and Zoning Commission held a study session to begin discussion on medical marijuana and how to regulate it within Title 16 of the Englewood Municipal Code. This discussion carried over to the October 6, 2009 Planning and Zoning meeting. During these discussions the Commission discussed what zone districts would be appropriate for medical marijuana primary care-givers as well as required permits, and conditions that would be suitable for this use. The Commission conducted a Public Hearing on October 20, 2009, where testim o ny was considered. During the Public Hearing, Commissioners did discuss appropriate zone districts, spacing, ;equired permits, and conditions that would be suitable for medical marijuana. Although the Commission did agree on some of the issues at hand, the outcome of the Public Hearing was that a motion to recommend amendments to the UDC failed. Subsequent to new regulations being adopted by the State Legislature, the Planning and Zoning Commission held a study session on September 14, 2010 to determine what zone districts would be appropriate for medical marijuana and its uses. On October 19 , 2010 the Planning and Zoning Commission held a study session to clarify the definitions that were adopted by the State of Colorado. This discussion was carried over to the November 16, 2010 meeting. On January 19, 2011 the Planning and Zoning Commission held a study session to review and confirm the Commission's recommended changes to the UDC. On March 8, 2011 the Planning and Zoning Commission held a public hearing on the proposed changes to Chapter 16 of the Englewood Municipal Code. The Planning and Zoning Commission approved recommendations for adoption of the proposed amendments to Title 16: Unified Deve lopment Code pertaining to medical marijuana centers, optional premises cultivation operations, and infused products manufacturing. RECOMMENDED ACTION Staff recommends that Council co nsider, on first reading, a bill for an ordinance on proposed Englewood Municipal Code amendments related to medical marijuana centers, optional premises cultivation operations, and infused products manufacturing. Staff further .requests th at Council set Monday, April 18, 201 1 as the date for a Public Hearing to consider testimony on the proposed amendments. 2 I, ' ' BACKGROUND In 2000, Colorado voters passed a constitutional amendment allowing the use of medical marijuana. Since that time there have been three businesses open in Englewood with the purpose of being medical marijuana primary care-givers. Prior to the opening of these businesses Englewood did not have any regulations regarding medical marijuana primary care-givers. City Council has approved a number of ordinances which established a temporary suspension or moratorium on the establishment of new medical marijuana dispensing and growing uses until licensing and zoning regulations could be put into place. House Bill 10-1284 was approved by the State Legislature on May 6, 2010 and signed into law by the Governor. This House Bill created licensing requirements and definitions for medical marijuana center, optional premises cultivation operation and medical marijuana-infused product manufacturer. The new legislation requires State licenses for the uses and enables local jurisdictions to adopt local licensing requirements if they so choose. The legislation enables local jurisdictions to prohibit these uses in the jurisdiction by ordinance or election. The legislation establishes requirements for medical marijuana centers to be located 1,000 feet from schools, child care facilities, and drug and alcohol treatment facilities. Jurisdictions may adopt spacing requirements greater or lesser than these State requirements. PROPOSED AMENDMENTS (Title 16) The following outlines the changes to Title 16: Unified Deve lopment Code recommended by the Planning and Zoning Commission: Use Classification: Amend Table 16-5-1.1: Tab le of Allowed Uses to include medical marijuana as a Use Category under Commercial Uses . Amend Table 16-5-1.1: Table of Allowed Uses to include medical marijuana center, medical marijuana optional premises cultivation operation and medical marijuana infused products manufacturer as a Use Types under the medical marijuana section and Use Category. Zone Districts : The Commission determined th at medical marijuana and its uses are not an appropriate use in the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MO-1 and MO-2 zone districts. These districts are made up primarily of residential households . It was also determined that the use would be a prohibited use as a home occupation. The Commission determined that medical marijuana Centers are an appropriate permitted use in the M-2, MU-B-1, MU-B-2, 1-1 and 1-2 zone districts. Optional premises cultivation ope rations and infused products manufacturers wou ld be permitted in the M-2, MU-B-1 and MU-B-2 zone districts as accessory uses , provided that the center and cultivation operation and/or the infused products manufacturing uses combined did not occupy more than 5,000 square feet in these zone districts. Medical marijuana cen ters, cultivation operations and infused product manufacturing uses would be all owed in 1-1 and 1-2 zone districts as permitted uses, with no restriction on size. 3 Use Specific Standards: Add the following section and additional regulations under 16-5 -2 : Use Specific Standards: 13. Medical marijuana a. All medical marijuana Uses shall comply with State regulations and City of Englewood licensing requirements. b . Facilities in MU-B-1 , MU-B-2 and M-2 zone districts: optional premises cultivation and infused product manufacturing uses are allowed only as accessory uses to a principal medical marijuana center provided the square footage of the total operation does not excee d fi ve thousand (5,000) square feet. Accessory Uses: Add medical marijuana centers, medical marijuana-infused products manufacturers and optional premises cultivation operations to the prohibited list of home occupations under 16-5-4 : Accessory Uses: f. Prohibited Uses. In no event shall any home occupation include the following business or commercial activities: [(1) -(10) are not replicated here and remain in the code.] ( 11 ) Medical mariiuana centers. (12) Medical mariiuana-infused products manufacturers. (13) Optional premises cultivation operation . Definitions: The Commission recommended using the same definitions as the State Legislation relating to medical marijuana. The Commission recommends amending Section 16-11-2 to include the following definitions: Medical marijuana: All parts of the plant (genus) cannabis used in the treatment of debilitating medical conditions as defined in the Colorado Constitution Article XVIII, Section 14. Medical marijuana Center: A person licensed to operate a business that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the State constitution, but is not a primary caregiver . Medical marijuana -infused products manufacturer : A person licensed pursuant to operate a business as described in C.R.S. 1 2-43.3-404. Optional premises cultivation operation: A person licensed to operate a business as described in C.R.S. 12-43.3-403. The above recommendations are incorporated into the proposed ordinance, which is attached. 4 . ' PROPOSED AMENDMENTS (Title 5) Establishing a Local Licensing Authority to grant or refuse medical marijuana licenses, adopting licensing requirements that match/align with Colorado State legislation, setting forth a distancing requirement of 2000 feet from specific uses and 2500 feet from other medical marijuana uses . We are tracking changes to State licensing requirements, so the City ordinances mirror the State Statutes, except for provisions that we are allowed to change: the distancing requirement and the size of the building. FINANCIAL IMPACT Fees are yet to be determined. The estimated fees collected should cover staff time expended to license these establishments. LIST OF ATTACHMENTS Planning and Zoning Staff Report: March 8, 20 11 Planning and Zoning Commission Minutes: March 8, 2011 Findings of Fa ct: March 8, 2011 Map showi ng Proposed Zone Areas for New Medical Marijuana Centers, Grow Operations, and Infused Product Manufacturers Bill for an Ordinance 5 TO: THRU: FROM: DATE: M E M 0 R A N D u Pl annin g and Zoning Commission ✓- A lan White, Di1·ec tor, Community D eve lopment Trici a Langon , Senior Plann er / A udra L. Kirk, Pl anner ✓ Ma rc h 08, 20 11 M SUBJECT : Case 2009-04 -Medical Mariju ana Ordinance A m endm e nts t o Title 16: U nifi ed De ve lop m ent Code RECOMMENDATION: St aff req u ests that the Planning and Zoning Co mmi ss ion rev iew, take public t es tirn o ny, and fo rwa rd to City Co uncil a 1·eco mrn e ndati o n for ado ption of proposed arnendments to Title 16: Unified D eve lopm ent Code (U DC ) pertaining to Medical Marijuana Centers, Optional Premises Cu lti vat io n Operation, and Infu sed Pr oducts Ma nu fact urin g. PROCEDURE: Pursuant to 16-2-1.B.4 of the Engl ewood M uni ci pal Code, th e Commission is authori zed t o rev i ew and make recorn rn end ations to City Council rega rdin g u pdates to Titl e 16: Unified Deve loprn e nt Code. Amendments t o Titl e 16 are n ecessa ry so th at the Code rem ain s "rele va nt in li ght of the Comprehensive Pl an and c unen t development tr e nd s and pl a nning co n ce rn s". BACKGROUND: In 2000, Colorado vo t e rs passed a const itution al arnendment a ll ow in g the u se of med i ca l marijuana. O n A u gust 1 7, 2009 Englewood City Council approved Ordinance No . 34 . Thi s eme rge n cy o rdinan ce estab li sh ed a t emp ora ry su spens ion o r m orato rium on Medica l Ma riju ana Primary Ca re-give rs until li ce nsin g and zo nin g 1·eg Lil at io n s co ul d be put into place. O n Octobe r 5, 2009 Englewood C ity Cou nc il approved through a seco nd read in g O 1·dinance No. 4 1. This o rdinan ce arne nd s Titl e 5 of th e En glewood M uni c ip al Code to include li ce n sin g for Medica l Ma riju ana Primary Ca re-g ive rs. On Se p te mb e r 9 , 2009 the Englewood Planning a nd Zo nin g Comm ission h eld a st u dy sess io n to begi n d isc u ss io n on Medica l Ma riju an a and how to regu late it with in Titl e 16 of the Englewood M uni cipa l Code, the Unified Development Code. This discussion carried ove r to the October 6, 2009 Planning and Zo nin g m eet in g. Durin g these 1000 En g lewood Parkway Englewood, Co lorado 80 110 PHONE 303-762-2342 FAX 303-783-6895 w w w.englewood gov .org discussions the Comm ission discussed what zone districts wou l d be approp ri ate fo r Medica l Ma riju ana Primary Care-givers as we ll as required permits, and cond ition s that wou ld be suitab le for this use. Revised House Bill 10-1284 is approved on May 6, 2010. This Rev ised House Bill changed the definitions of medical marijuana . The definition for medical marijuana primary care-g iver is replaced with medical marijuana center, optional premise cultivation operation and medical marijuana-infused product manufacturer. On August 2, 2010 Eng lewood City Counc il approved through a second reading Ordinance No. 30 . This ordinance extended the existing tempora ry suspension or moratorium on the establ ishment of new medical marijuana dispens in g and grow in g uses. In September 2010 Counc il approved a draft ord in ance increasing the State spacing requi reme nts as follows: 1. Any medical marijuana center, Optional Premises Cultivation Operation, or infused product manufacturer is required to be located at least 2,000 feet from any schoo l, residential chi ld care facility, and drug and alcoho l treatment faci lity; 2 . Any medical marijuana center is required to be located at least 2, 500 feet from any other medical marijuana center; 3. These distances will be app li ed to Medical Mariju ana Cente rs, optional premises, cu lti vation operations, or infused product manufacturers and schools, chi l d care centers and alcohol and d ru g treatment centers whether located inside or ou t side the corporate limits of Englewood. The spacing requirements between the var ious medical marijuana faci liti es wi ll be included under the licensing requirements in Title 5 of the Englewood Municipal Code. PROPOSED CHANGES: The fo ll owing outlin es the recommended changes to Title 16: Unified Development Code . Use Classification: The Commission determ in ed that medical marijuana center, medical marijuana Optional Premises Cu lti vation Operation and medical marijuana infused products manufacturer shou ld be added as a Commerc ial Use in Table 16-5-1.1: Table of Allowed Uses. Recom men dati on: Amend Tab l e 16-5-1.1: Table of A ll owed Uses to in clude Med ica l Marijuana as a use under Commerc ial Use Category. 2 Amend Table 16-5-1.1: Table of Allowed Uses to include Medical Marijuana Cente1·, Medical Marijuana Optional Premises Cultivation Operation and Medical Marijuana Infused Products Manufacturer as a Use Type with the Cornmercial Use Category. Use Specific Standards: The Commission is recommending adding the following additional regulations under 16-5-2: Use Specific Standards: a. All Medical Marijuana Uses shall comply with State regulations and City of Englewood licensing requirements . b. Facilities in MU-B-1 , MU-B-2 and M-2 zone districts: Optional Premises Cultivation and Infused Product Manufacturing uses are allowed only as accessory uses to a principal Medical Marijuana Center provided the square footage of the total operation does not exceed five thousand (5,000) square feet. Accessory Uses: The Commission is recommending adding Medical Marijuana Centers, Medical marijuana-Infused Products Manufacturers and Optional Premises Cultivation Operations to the prohibited list of home occupations under 16-5-4: Accessory Uses: f. Prohibited Uses . In no event shall any home occupation include the following business or commercial activities: (1) Animal hospital or kennel, animal daycare, breeders, except licensed canine and feline breeders. (2) Asphalt paving business . (3) Barbers, hairdressers, cosmetologists, beauticians or any activity involving the skin, hair or nails. (4) Body, mechanical 1·e pair, or modification of motor vehicles. (5) The sale, storage, manufactur e, or assembly of guns, knives or other weapons or ammunition. (6) Dump trucks. ( 7) Restaurants. (8) Towing business. (9) Processes in vo lving the dispensing, use , or recy cling 3 of hazard ous or flammab l e su bsta n ces and 111aterials. (10 ) Automotive ve hicl e sales r eq uirin g a state dea l e 1·'s li cense. (11 ) Medical Mariiuana Centers. (12) Medical M a riiuana-lnfused Products Manufacturers. {13) Optional Pr e mis es Cultivation Operation. Definitions: Th e Co111mission determined to us e th e same definitions as th e State Constitution re l atin g to Medical Marijuana. Recommendation: A m e nd 1 6-11-2 to include th e fo ll owi n g definitions: Medical Ma ri jua na: A ll parts of the plant (ge nus ) can n ab i s u sed in the treatment of deb ili tating m e di ca l co n ditions as defined in the Co l orado Co n stituti o n A rt i cle XV I 11 , Section 14. Medica l Mar iju ana Ce nter: A person li censed to ope rate a business that se ll s rne dica l m ar iju ana to registered patients o r pr im a ry ca r eg ive rs as d efin ed in Section 14 of A rticl e XV III of th e sta te co n st ituti o n, but is n o t a primary ca re g ive r. Medical Ma riju ana -In fuse d Products Manufacturer: A person lic en sed pursuant to operate a busi n ess as described in C.R.S. 12-43.3-404. Optional Premises Culti va tion Operation: A person li censed to ope rate a bu sin ess as described in C.R.S . 12 -4 3.3-403. Zone Districts : The Co111111ission dete rmin ed that Med i cal Mar iju a n a a n d its uses are not a n approp ri ate u se in the R-1 -A, R-1 -B, R-1-C, R-2-B, R-2-C , MU-R-3-A, MU-R-3-B, MO-1 a n d MO-2 zo ne distr ic t s. Th ese districts a re made up primari ly of r es id e ntial h o use hold s. It was a lso determ ined that th e u se wo uld be a p ro hibited u se as a hom e occ upati o n . The Co111 111i ssion did determine that Medical Ma riju a n a Ce nters are a n appropriate pe rmitted u se in the M-2, MU-B-1 , MU-B-2, 1-1 a n d 1-2 zo n e districts. Optional Pre111ises C ultivati on Operations and In fused Produ cts Ma nu factu rers wo ul d be per111 itted in the M-2, MU-B-1 a nd MU-B-2 zone districts as accesso ry u ses , provided that 4 the center and cultivation operation and /or the Infused Products Manufacturing uses combined did not occupy more than 5,000 square feet in these zone districts. Medical Marijuana Centers, cultivation operations and infused product manufacturing uses would be allowed in 1-1 and 1-2 zone districts as permitted uses. Recommendation: Prohibit Medical Marijuana uses in the R-1-A, R-1-B , R-1-C, R-2-B , R-2-C, MU-R-3-A, MU-R -3-B, MO-1 and MO-2 zone districts. Allow Medical Marijuana Centers in the M-2, MU -B-1, MU-B-2 zone districts as permitted uses. Allow Optional Premises Cultivation Operations and Infused Products Manufacturers as accessory uses in the M-2, MU-B-1 and MU-B-2 zone districts. Allow Medical Marijuana Centers, Optional Premises Cultivation Operations and Infused Products Manufacturers as permitted uses in the 1-1 and 1-2 zone districts. PROPOSED AMENDMENTS: The above recommendations are incorporated into the attached proposed amendments as shown in Exhibit A. ATTACHMENTS: EXHIBIT A: Proposed Amendments EXHIBIT C: Ordinance 30, Series of 2010 5 Title ID: Unified Development Code Proposed Medical Marijuana Amendments -2009 16 -5-1: Table of Allowed Uses. C. Table of Allowed Uses. COMMERCIAL USES Adult Use All types as defined in p p 16-5 -2 .C .1 Chapter 16 -11 ~ •. a~ ) Agricultural Use Greenhouse/nurs ·. ·, ";~ .;,.,. ery, raising of p p 16 -5-2.C .2 plants, flowers , or nursery stock Animal Sales and Animal shelter p p Service Kennel/day ewe· •·. ,~-·,.,. L p p Pet store (live p p p p p p animal sale) Small animal veterinary L L p C p p hos pital or clinic Assembly Assemb ly hall or auditorium, hall rental for p p p C p p meetings or social occasions I Title 16: Unified Development Code Proposed Medical Marij u ana Amendme nts -2 00 9 Membership organization ·P p p C p p (excluding adult use) Dependent Care Dependent care center 16 -5-2.C.7 (less than 24-C C C C C p p p p p p C hour care , any age) Entertainment/ Amusement C C C C C C Amusement: Indoor establishment Hookah Lounge p p p p p Physical fitness p p p p p p center/spa Theater and performanc;:e/con cert venue, not p p p p p inclu ding adul t entertainment Entertainment/ General outdoor Amusement: C C C Outdoor recreation Financial Institution Check cashing p p p p facility 2 T it l e 16: U nified D evelopme nt Code Propo sed Medical Marijuan a Amendments -2009 institution, with L p p drive-through service Financial institution, ; p p p p p p without drive- through service Food and Beverage Brewpub p p p p p p Service Caterer p p p p Microbrewery .. -; '];,:·~. p p p Restaurant, bar, ;~,-~ tavern with or p p p p p p without outdoo_r, operations Restaurant;= with d1ive -through L p p service· Take out and p p p de livery only M edical Marijuana Medical Marijuana Center f f f f f 16 -5-2.C.13 3 Title 16: Unified Development Code Proposed Medical Marijuana Amendments -2009 Marijuana Optional ·;A''. Premises ~ ~ f f 16 -5-2 .C.13 Cultivation Operation Medical Marijuana ~ a a f f 16-5 -2 .C.13 Infused Products Manufacturer Medical/Scientific Clinic p p p p p p p p Service Hospital p p p p p p Laboratory ( dental, medical p p p p p p p p p or optical) Office Office, type 1 p p p p p p p p (general) Office, type 2 p p p p p p p p p 16-5-2.C .8 (limited) Retail Sales and Crematorium C Service Dry cleaner, p p p p p p (Personal Service) drop-off site only Instructional p p p p p service Massage therapy p p p p p p p 4 Title I b: Unified Development Code Proposed Medica l Marijuana Amendments -2009 Mortuary p p Personal care p p p p p p Service: photography studio and photo p p p p p p lab, upholstery, printer, locksmith, tailor Tattoo and body- piercing p p establishment Temporary employment C C 16-5-2 .C . ll business Retail Sales and Equipment rental L p p Service (Repair and Repair shop Rental) (not including p p p p p p auto) Retail Sales and Antique store p p p p p p Service (Sales) Art gallery p p p p p p Auction house · p p p B uy-back shop , .:~ second hand, p p p p thrift, consignment 5 Title 16: Unified Development Code Proposed Medical Marijuana Amendments -2009 Convenience store p p p p p Grocery/specialty p p p p p p food store Internet sales p p p p location Liquor store p p p p p p Pawnbroker p p 16-5-2.C.10 ForTSA, P if :S 20,000 Retail sales, sq. ft., C if > 20,000 general p p p P/C p p sq. ft. of gross . merchandise leasable floor area School Trade or business p p p C p p 16-5-2 .C.12 school Studio Radio/television broadcasting studio, p p p p recording/film · studio Velticle and Automobile p p p 16-5-2 .C.10 Equipment pawnbroker 6 Title I D: U ni fie d D eve lopment Code Proposed Med ical Marij uana Amend m ents -2009 Automotive L p p 16-5-2.C .3 sales, rental Automotive service and repair, including p p 16-5 -2 .C.4 body or fender work Automotive service and repair, not L p p 16 -5-2.C.4 including body or fender work Automotive service station L p p 16-5-2.C.5 (gasoline facility) Car wash, auto L L L 16-5-2.C .6 ; 16 - detailing 5-2.C.4 CoIDIDercial sto rage of p p 16 -5-2.C.3 operable vehicles Fuel disp ensing L p p Parking facility, structw-e (operab le C C C C L L C p 16 -5 -2.C.3 p 16-5-2 .C.14 vehicles), principal use 7 Title 16: Un ifi ed Development Code Proposed Medical Marijuana Amendments -2009 Parking area, su rface (operable C C C C L L C p p 16-5 -2 .C .13; vehicles), 16-5-2 .C.3 principal use Recreational vehicles and L p p boats, sales or rental Visitor Bed and Accommodation breakfast p p p Hotel p p p p p Hotel , Extended p p p Stay Wholesale Sales and distribution p p [NOTE: The remainder of Table 16-5 -1.1 Table of Allowed Uses contains no changes and is therefore not included here] 8 Title 16 : Unified Development Code Proposed Medical Marijuana Amendments -2009 16-5-2: Use-Specific Standards C. Commercial Uses 13. Medical Marijuana a. All Medical Marijuana Uses shall comply with State regulations and City of Englewood licensing requirements. b. Facilities in MU-B-1, MU-B-2 and M-2 zone districts: Culti v ation and Infused Product Manufacturing uses are allowed only as accessorv\fses to a principal Medical Marijuana Center provided the square footage of the t otal op e¥atibn does not exceed five thousand (5 ,000) square feet. ·,· ·, · .··;· ',,· 16-5-4: Accessory Uses ''.~:. ;-~:i ~ ·--:}./. 1. ·'.: .;,,·--:',· Home Occupation. Occupations customarily incidenta(fo ,_the p1incipal use as a residence may be allowed when conducted in th~ <~ame dwelling,-p{by ided the following standards are n1et: _·,./,,:_:.'--· ·is';. a . Distiicts Allowed ; Hon;ie o2cup ati.ons are allowed in the following distiicts: R-1-B R..c l•i c' R-2-A :it 2-B MU-R-3-A and MU-R-3- . -~-·~ ' _-, ·.;~ ' ' ' ' . B'i O~l:y. one (1) hoiFe occupation shall be pe1111itted per dwelling unit. ~cnne occupations may be pennitted accessory to principal :-/':, residenfial uses loc~{ed in nomesidential districts (e.g., in a ·\,t.wanufactUI:~d. home p hrk located in an indush"ial district) provided :,:t~~)i6rtitd"t cii~:~tlpn complies with all requirements of residential di strict home occupations herein. b. Where Allowed on Site. The home occupation shall be operated . e_ntirely within the dwelling unit and only by the person or persons 'maintaining a dwelling unit therein. The home occupation shall not have a separate outside entrance. The home occupation shall not be _· ·: conducted in a detached accessory strncture. c : · Registration. All home occupations shall register with the City. d. Sales . (1) On the Premises. The sale on the premises of items that have been made, grown, or prepared on the premises shall be permitted. The sale on the premises of any item that has not been made, grown, or prepared on the premises shall be prohibited. 9 Title 16: Unified Development Code Proposed Medica l Marijuana Amendments -2009 (2) Off the Premises. Sales off the premises of such items as personal or household goods such as those products offered by Avon, Amway, Fuller Brush, Watkins , etc., shall be pennitted. e. Operational Requirements. (1) (2) (3) (4) No assistants or employees that are not residents of the principal dwelling unit shall be ~}f Ployed in the home occupation. · The hours and manner of S,"H~fi 'i~:~~·J~nd the noise created thereby shall not interfere ;'\V ith th,t p ~a_c:e, quiet, or dignity of the neighborhood a:1)£!/hctj oining pro p'ilJI~s. ·,:, Incidental storag~\liall be allqwed for iteit1t P,J.ade on the premises and/or sb id .:off th,it pfomises consistent with this Section. /',, The home occupation::;;,,~b}uging storage of materials, equipnifot igyen,tory, and/017' s11pplies, shall not utilize more tlian tlli'ee . l:it1n.dred (300) square feet; provided, however, tlrnt this cl ci:~;t ~ot apply to pennitted home care ,,..,.. ,~... . accessory u~es. (5) The use of electric motors shall be limited in power, with a tbtal limitatioH of one and one-half (1 1/2) horsepower, and ,,.:;:"µ9 ~_ingJ~.unit 6v er three-fourths ( 3/4) horsepower. .,r.: •· • . ' :st'•".:::;£:',,:·;;, . · },.,.~: :: c:' P fol!,ibited Uses . In no event shall any home occupation include the fcil l q'Y ing business or c01mnercial activities: ,: . ~ ::--· {1) Animal hospital or ke1mel, animal daycare, breeders, except licensed canine and feline breeders. (2) Asphalt paving business. (3) Barbers, hairdressers, cosmetologists, beauticians or any activity involving the skin, hair or nails . ( 4) Body, mechanical repair, or modification of motor vehicles. (5) The sale, storage, manufacture, or assembly of guns, knives or other weapons or anmmnition. ( 6) Dump tlucks. Title 16: Unified Development Code Proposed Medical Marijuana Amendments -2009 (7) Restaurants. (8) Towing business. (9) Processes involving the dispensing, use, or recycling of hazardous or flammable substances and materials. ( 10) Automotive vehicle sales requiling a §tate dealer's license. :,~;1t .-~;-,· (11) (12) Medical Malijuana Centers.,;, :,;.~/}~~f.:,.c .. Medical Marijuana-Infused Producfs ma~ufacturers. (13) Optional Premises Cultivation Operation. \ _ :·-fL· -. -~ .. [NOTE: The recommended changes affect only the H 0 me Occupation section of Jtd;essory Uses and is therefore the entire section is not included here] · 16-11 -2: Definition of Words. Terms. and'ci 'h-~ases .. _.,., ·~-~~:_-~"'-~ B. Definition of Words, Tenns, and Phrases. Medical MarUuana : All parts of the plant (genus); cannabis used in the treatment of debilitating medical conditions as defined in the C olorado Constitution Alticle XVIII, Section 14. i [ Medical Mariiuana Cent~~: · A pers on licensed to ciperate a business that sells medical marijuana to regis · · · ·' · · · · ·-' ers as defined in Section 14 of Article XVIII of the state Medical lvi½~-Uuana-Infi1s ed.Products Manufacturer: A person licensed pursuant to operate a business as described in C.R-.S. 12-43 .3-404 . · ~rij_ Optional F f emises Cultivation Operation: A person licensed to operate a business as described in C ,R.S. 12:43 •:3-403. . ... 11 ORDINANCENo.3O SERIES OF 2010 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER JEFFERSON AN ORDINANCE EXTENDING AN EXISTING TEMPORARY SUSPENSION OR MORATORIUM ON THE ESTABLISITh1ENT OF NEW MEDICAL MARIJUANA DISPENSING AND GROWING USES UNTIL JULY 1, 2011. WHEREAS, it has been brought to Council's attention that the current Unified Development Code does not adequately define or limit medical marijuana dispensing and growing uses; and WHEREAS, City Council has directed staff to review, create and revise, if necessary, provisions concerning medical marijuana dispensing and growing uses; and WHEREAS, staff will need sufficient time to review and coordinate the provisions relating to medical marijuana dispensing and growing uses.in the Code; and WHEREAS, City Council deems it necessary to coordinate the review of the Unified Development code and finds it appropriate to prohibit the establishment of new medical marijuana dispensing and growing uses in the City until the review by the staff and City Council; and (, WHEREAS, the moratorium passed August 17, 2009 and extended until October 19, 2010 stops the establishment of new businesses; and . WHEREAS, those uses already in business would not be affected; and WHEREAS, in order for the City to comply with equal protection issues, the moratorium or temporary suspension must apply to all zone districts unless specific exemptions can be legitimately set forth due to a finding that a particular zone district should be excluded; and ·WHEREAS, the revisions to the Unified Development Code and the updating of the uses allowed in all zone districts will help protect the public health, safety and welfare by preserving a safe, healthy, and sound environment within the City; and WHEREAS, the citizens of Englewood and the City Council have determined that further revisions to the Unified Development Code are necessary to promote, coordinate, and implement a high quality plan to produce well balanced zoning in the City; and WHEREAS, the current listing of uses is not meeting the above criteria; and WHEREAS , the Colorado State Legislature has decided to also address this issue by the passage of House Bill 1284 of the 2010 Session and the .City Council finds that the revisions to the City's Unified Development Code must be coordinated with the requirements of the Colorado Statutes as well as the Constitution; and 1 9 b ii . WHEREAS, the City Council finds that this extension of the existing moratorium or temporary suspension of the establishment of all new medical marijuana dispensing and growing uses is necessary to implement the revisions to the Unified Development Code consistent with the State Statutes; · NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT AN EXISTING TEMPORARY SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW MARIJUANA DISPENSING AND GROWING USES UNTIL JULY 1, 2011. Section 1. By reason of the fact that the Englewood Unified Development Code does not adequately define or limit medical m~juana dispensing and growing uses and for the immediate preservation of the public property, health, peace and safety. Section 2. Said moratorium or temporary suspension shall be for any medical marijuana dispensing and growing uses within the City of Englewood not in operation by August 1 7, 2009. Section 3. The City Council directs City staff to develop appropriate recommendations to Council, within the moratorium period, to be consistent with this Ordinance and to provide for an updating of the Unified Development Code relating to medical marijuana dispensing and growing uses. Section 4. The City Council finds the provisions of this Ordinance are temporary in nature and are intended to be replaced by subsequent legislative enactment so that the moratorium or temporary suspension as specified in this ordinance shall terminate on July 1, 2011. Introduced, read in full, and passed on first reading on the 19th day of July , 2010. Published as a Bill for an Ordinance in the City's official newspaper on the 23 rd day of July, 2010. Published as a Bill for an Ordinance on the City 's official website beginning on the 21st day of July, 2010 for thirty (30) days. Read by title and passed on final reading on the 2nd day of August, 2010. Published by title in the City's official newspaper as Ordinance No.30, Series of 2010, on the 6th day of August, 2010. Published by title on the City's official website beginning on the 4th day of August, 2010 for thirty (30) days. 2 I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing i~ aJ..rue copy of the Ordinance passed on final reading and published by title as Ordinance No.:::xJ_, Series of 2010. ,.. , ~ 3 • Planning and Zoning Commission Public Hearing Case #2009 -0 4 Medi cal Marijuana Amendments, Superintendent of School s March 8, 2011 Page 1 of 4 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING March 8, 2011 Minutes and audio are available at: http://www.englewoodgov.org/lndex.aspx?page=152 I. CALL TO ORDER ~ The reg ular meeting of the C ity Planning and Zoning Commission was ca ll ed to order at 7:01 p.111. in the Council Chambers of th e Eng le wood Civic Center, Chair l(noth presiding. Present: Abse nt: Staff: Bl e il e, Roth, l(ing, We l ker, l<noth, Brick, Calonder l<in ton (alternate) Fish , l<r i eger A l a n White, Community Deve l opment Director A udra !(irk, Plann e r I Nancy Reid, Ass i st ant City Attorney 11. APPROVAL OF MINUTES February 23, 2011 ~ We l ker mo ved: Bl ei l e seco nd ed: TO A PPROVE THE FEBRUARY 23, 2 011 MINUTES Chair l(noth asked if there were any modifications or corrections. There we r e none. AYES :· NAYS: ABSTA I N: ABSEN T : Bl eil e, Roth, W e lker, l<noth, l<ing, Brick, Calonder None No n e Fish , l<rieger Moti o n ca rri ed . Ill. BRIAN EWERT, SUPERINTENDENT OF ENGLEWOOD PUBLIC SCHOOLS ~flj Mr. Ewert addressed the Commission reg a rding the proposed bond is su e. He presented a Pow e rP oint sli deshow. l<ey points includ ed: • Co ntr act r ece ived a nd und e r revi ew on Fl ood Middle School. Planning and Zon in g Commi ssio n Pub li c Hearing Case #2009-04 Medica l Marijuana Amendments, Superintendent of Schools Mar ch 8,20 1 I Page 2 of 4 • Discussed the current eco n orny and its irnpact o n the school budget, decline in pupil co unt, safety i ssues and age and cond iti on of current fac iliti es. • 70% of c urr ent students are qualified as li v ing in poverty. • Boa r d approved a 5 -10 yea r plan. • District wi ll app ly for an $8,000,000 grant to be rnatched by the District. Money to be us ed for renovation of Englewood Middle School. • Discussed potential irnp act of a bond/rnill levy in crease to the loca l taxpayer. • Viewed architect's drawing of what a combined rniddle and high schoo l rnight look like. IV. PUBLIC HEARING CASE #2009-04 Medical Marijuana Amendments ~ Roth moved: Bl ei l e seconded: TO OPEN THE PUBLIC HE AR ING AYES: NAYS: ABSTA IN: ABSENT: Bl ei l e, Roth , We lk er, l<noth, l(in g, Brick, Ca l onder None None Fish, l(rieger Motion carried. Ms . l(irk, Englewood City Planner I, was sworn in. She distributed two different distancing maps ; one elated November 20 10 and the other elated March of 2011. She provided background information on Medical Marijuana and reviewed the proposed amendrnents. Director White was sworn in . He stated the spacing r eq uir ements are proposed to be in cluded in Title 5, w hi c h is where all the business and li quor li censing i s. The State r eg ulations are patterned after the liqu or li ce nsin g. There was no public in attendance to testify. Welker move d: Blei l e seconded: TO CLOSE THE PUBLIC HEARING AYES: NAYS : ABSTAIN: ABSENT: Bleile, Roth, Welke1·1 l<noth, l<ing, Brick, Ca l onder None None Fish, l<rieger Motion car ri ed . • Planning and Zoning Commission Public Hearing Case #2009-04 Medical Marijuana Amendments, Superintendent of Schools March 8, 201 1 Page 3 of 4 Bleile moved: Roth seconded: CASE #2009-04. AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE RELATED TO MEDICAL MARIJUANA BE RECOMMENDED AS PRESENTED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. ~ Conclusion: • The Amendments provide for the health and welfare of persons who need medical marijuana for pain and other medical issues while at the same time looking after the safety and general welfare of the community at large by placing the medical marijuana centers strategically to avoid problems with sensitive areas in Englewood. • The Amendments reflect the discussions the Planning and Zoning Commission has had over the past couple of years. • The Amendments work for the community; m ed ical marijuana uses are allowed w ith 1·easonable restrictions. • Commission supports the more strict spacing r eq uirements under Title 5. AYES: NAYS: ABS TAIN : ABS EN T: Bleile, Roth, Welker, Knoth, King, Brick, Calonder None None Fish , Krieger Motion carried. V. PUBLIC FORUM [(] The1·e was no public present. VI. DIRECTOR'S CHOICE ff~ Director White had nothing further to report. VII. STAFF'S CHOICE ~ Directo r White provided an update on future meetings: March 22: Sign Code Study Session Ap ril 5: Medical District Phase II Study Session He a l so provided a n upd ate on l<e nt Place and the sign code. Plannin g and Zoni ng Commission Public Hearing Case #2009-04 Medical Marijuana Amendments , Superintendent of Schools March 8, 20 11 Page 4 of 4 VIII. ATTORNEY'S CHOICE l~- Ms. Reid had nothing further to report. IX. COMMISSIONER'S CHOICE It] Mr. Roth noted there was an interesting article regarding billboards in the last issue of the Planning Commissioners journal. He suggested all commissioners read the article. Chair Knoth asked if food carts were allowed in the City. Ms . l(irk provided the regulations . The Commissioners asked about Ms. Krieger as she has missed several meetings . They said their thoughts are with her. Several Commissioners stated the new format of the minutes was more informative over the ones two weeks ago . The meeting adjourned at 8: 12 p.m. ~~~ Barbara l<recklow, ~cording Secretary • r , Findings of Fact CASE #2009 -04 March 8, 2011 Pagel of 5 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION ., IN THE MATTER OF CASE #2009-04, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE MEDICAL MARIJUANA AMENDMENTS INITIATED BY: Community Development Department 1000 Englewood Parkway Englewood, CO 80110 ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Commission Membe1·s Absent: Bleile, Calonder, Brick, King, Knoth, Roth, Welker Fish , Krieger This matter was heard before the City Planning and Zoning Commission on March 8, 2011 in the City Co uncil Chambers of the Englewood Civic Center. Testimony was received from staff. The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed amendments to Title 16 Unified Development Code which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1 . THAT the Public Hearing on the Unified Development Code Medical Marijuana Amendments was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT noti ce of the Public Hearing was published in the Englewood Herald on February 18, 2011 and was on the Englewood web site from February 18 , 2011 to March 8, 2011. 3 . THAT the Staff report was made part of the record. Findings of Fact CASE #2009-04 Marc h 8, 2011 Page 2 of 5 4. THAT in 2000 Colorado voters passed a constitutional amendment allowing the use of medical marijuana. 5 . THAT on August 17, 2009 Englewood City Council approved Ordinance No . 34 establishing a moratorium on Medical Marijuana Primary Ca1·egivers until licensing and zoning regulations could be put in place. 6. THAT on October 5, 2009 Englewood City Council approved through a second reading Ordinance No. 41 amending Title 5 of the Englewood Municipal Code to include licensing for Medical Marijuana Primary Caregivers. 7. THAT in September and October of 2009 the Planning and Zoning Commission held study sessions to begin discussions on Medical Marijuana and how to regulate it within Title 16 of the Englewood Municipal Code . 8. THAT on May 6, 2010 House Bill 10-1284 was approved by the State Legislatu1·e. This House Bill created new definitions of Medical Marijuana facilities to be licensed in the State: Medical Marijuana Center, Optional Premise Cultivation Operation and Medical Marijuana Infused Product Manufactu1·er. 9. THAT on August 2, 2010 Englewood City Council approved through a second reading Ordinance No. 30 which extended the existing temporary moratorium on the establishment of new medical marijuana dispensing and growing uses. 10 . THAT spacing requirements between the medical marijuana facilities will be included under the licensing requirements in Title 5 of the Englewood Municipal Code. CONCLUSIONS 1. THAT the Public Hearing on the Unified Development Code Medical Marijuana Amendments was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood . 2. THAT notice of the Public Hearing was published in the Englewood Herald on February 18, 2011 and was on the Englewood web site from February 18, 2011 to March 8, 2011. 3. THAT in 2000 voters in the State voted to amend the Constitution to allow the use of medical marijuana. 4 . THAT medical marijuana uses be prohibited in the R-1-A, R-1-B, R-1-C, R-2-B, R-2-C MU-R-3-A, MU-R-3-B, MO-1 and MO-2 zone districts. • ' . . ' ., Findings of Fact CASE #2009-04 March 8, 2011 Page 3 of 5 5. THAT in 2010 the State passed legislation defining and enabling local jurisdictions to license and regulate medical marijuana centers, optional premises cultivation operations and infused product manufacturers. 5. THAT medical lllarijuana centers are an appropriate permitted use in the M-2, MU- B-1, MU-B-2 zone districts. 6. THAT Optional Prelllises Cultivation Operations and Infused Products Manufacturers be allowed as accessory uses to a principal Medical Marijuana Center in the M-2, MU-B-1 and MU-B-2 zone districts, provided that the Center and Cultivation Operation and/or Infused Products Manufacturing uses combined do not occupy lllore than 5,000 square feet. 7. THAT Medical Marijuana Centers, Optional Prelllises Cultivation Operations and Infused Products Manufacturers be allowed as perlllitted uses in the 1-1 and 1-2 zone districts. 8. THAT medical marijuana and its uses are prohibited as a home occupation. 9. THAT all medical marijuana uses shall colllply with State reg ulati ons a nd City of Englewood licensing requirements. 10. THAT the City uses the sallle definitions as the State Constitution relating to Medical Marijuana: a. Medical Marijuana: All parts of the plant (genus) cannabis used in the treatlllent of debilitating llledical conditions as defined in the Colorado Constitution Article XVIII, Section 14. b . Medical Marijuana Center: A person licensed to operate a business that sells llledical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the State Constitution, but is not a prilllary caregiver. c. Medical Marijuana-Infused Products Manufacturer: A person licensed pursuant to operate a business as described in C.R.S. 12-43.3- 404. cl. Optional Premises Cultivation Operation: A person licensed to operate a business as described in C.R.S . 12 -43.3-403 . Findin gs of Fact CASE #2009-04 M a rc h 8, 2011 Pag e4 of5 11. THAT the amendments provide for the health and welfare of persons who need medical marijuana for pain and other medical issues while at the same time looking after the safety and general welfare of the community at large by placing the medical marijuana centers strategically to avoid problems with sensitive areas in Englewood. 12. THAT the amendments reflects the discussions the Planning and Zoning Commission has had over the past couple of years. 13. THAT the amendments work for the community; medical marijuana uses are allowed with reasonable restrictions. 14. THAT the Commission is in favor of the more strict spacing requirements. 15. THAT the previously discussed amendments be forwarded to City Council. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2009-04 Unified Development Code Medical Marijuana Amendments should be referred to the City Council with a favorable recommendation . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on March 8, 2011, by Mr. Bleile, seconded b y Mr. Roth , w hich motion states: A YES: NAYS : A BST A IN : A BSE N T: CASE #2009-04. AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE RELATED TO MEDICAL MARIJUANA BE RECOMMENDED AS PRESENTED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION . Bleile, Brick, l<noth, Roth, Welker, l<ing, Calonder . None Non e Fish , Krieger Motion carried. , .. I I•' Findings of Fact CASE #2009-04 March 8 , 201 1 Page 5 of 5 Th ese Findings and Conclusions are effective as of the meeting on March 81 2011. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION !).'t~~-----------------------------------------t 'Ci t y Df f'nglewood March 29, 2011 Proposed Zone Areas Allowing New Medical Marijuana Centers, Grow Operations, and Infused Product Manufacturers After Applying 2,000 Feet School, 24 Hour Child Care Facility and Alcohol/Drug Treatment Facility Buffers, and 2,500 feet Buffers Between MM] Facilities .A Existing Medical Marijuana Facilities • Existing Marijuana Facility Property 2,500 Foot Buffer , Alcohol and Drug Treatment Facility 2,000 Foot Buffer I School Property 2,000 Foot Buffer • Potential Zone Areas (I, B, M,) Allowing New Medical Marijuana Centers 8 0 1,500 3,000 4,500 feet • Parks and Open Space -Arterial Streets -Collector Streets a City Boundary Note : Distances are appro ximate and are shown as a radius from property boundaries, not as dire ct pedestrian acc ess. H \group'gr.;1,p fot~¼ll 'l!encm9 1t1qu11emenl m1.lp$1mnr~uono2000115 pdr