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HomeMy WebLinkAbout2009-09-09 PZC MINUTES• • • • Planning and Zoning Commission Study Session Case #2009-04, Medical Marijuana September 9, 2009 Page 1of5 CllY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING September 9, 2009 I. CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to ord e r at 7:16 p.m. in the City Council Conference Room of the Englewood Civic Center, Vice Chair Knoth presiding. Present: Absent: Staff: Roth, Welker, Knoth, Fish, Brick Kinton (alternate) Krieger, Calonder, King, Bleile Alan White, Community Development Director Audra Kirk, Planner Nancy Reid, Assistant City Attorney -~ Guest: Bryan Boykin Natalie Boykin 11. APPROVAL OF MINUTES August 18, 2009 Brick moved: Roth seconded: TO APPROVE THE AUGUST 18, 2009 MINUTES Vice Chair Knoth asked if there were any modifications or corrections . There were none. AYES: NAYS : ABSTAIN: ABSENT: Roth, Knoth, Brick None Fish, Welker Krieger, Calonder, King, Bleile Motion carried . • • • Planning and Zoning Commission Study Session Case #2009-04, Medical Marijuana September 9, 2009 Page 2 of 5 Ill. TITLE 16 AMENDMENTS RELATED TO MEDICAL MARllUANA 1E'l 1 Assistant City Attorney Reid provided some background on medical marijuana. She distributed a rough draft for licensing of medical marijuana in Englewood . She noted that Council has not seen this version of the draft. She wanted Planning and Zoning to see it because it provides the definitions for medical marijuana, medical marijuana patient and medical marijuana primary care-giver, medical marijuana registry card, medical marijuana use and usable form of marijuana. The definitions come from the Amendment to the Colorado Constitution which allowed the use of medical marijuana. Marijuana, other than for medical uses as defined, is still illegal in Colorado and federally. The U. S. Attorney's office and the current administration has said, as a policy, they will not pursue enforcement of federal drug laws as it relates to approved medical marijuana in any individual states . The Amendment says medical marijuana can be approved under certain conditions. Public Health and Environment is the State department charged with writing the rules and regulations for this amendment. On August 17, 2009 the Englewood City Council approved Ordinance No. 34 establishing a temporary suspension or moratorium on the establishment of new Medical Marijuana dispensing and growing uses for a period of six months. The idea is that within that six month period the City will have the licensing taken care of, the criminal aspect under Title Seven taken care of and any zoning issues taken care of. Applicants that had applied for a license before the moratorium will not be affected. Ms. Reid reviewed all the definitions. There are no definitions in the Amendment for a dispensary, grower or wholesaler. The City will not be licensing dispensaries, only the care- givers. The City's Finance Department will be enforcing the licens es . Licenses will not be transferable and applicants will go through a back-ground check. If applicants do not have a license from the State they will not be eligible for one through the City . The Planning and Zoning Commission will look at controlling locations only. Ms. Reid reviewed what the requirements will be after obtaining a license. Sales can be made only to persons with a valid medical marijuana registry card issued by the Department of Public Health. A patient can only have one primary care-giver at a time. There is no limit set at this time as to how many patients a care-giver is allowed to have. Ms. Reid noted several other cities in the metro area are also working on their regulations at this time . Director White asked if the Ordinance has to be effective by the end of the moratorium or just passed on Second Reading . Ms. Reid said it has to be effective when the moratorium expires. The schedule is set up for it to be effective then. Director White noted the moratorium ends February 7, 2010. The Planning and Zoning Public Hearing is tentatively scheduled for November 3, 2009 . • • • Planning and Zoning Commi ss ion Study Session Case #2009 -04 , Medical Marijuan a September 9 , 2009 Page 3 of 5 Director White noted other jurisdictions have gone to spacing requirements lik e Engl ewood has for adult uses, liquor, tattoo parlors, etc. Ms. Reid noted the Constitution states users cannot use the marijuan a outd o ors i n v i ew of the public. Ms. Kirk stated the task tonight is to determine where medical marijuana w ould fit in w ith the uses currentl y listed in the Code, if any, and where those uses ar e currentl y all owe d . The Commission also needs to determine whether or not to require a Conditional Us e Permit or Limited Use Permit and if you have any suggestions regardin g the licensin g and distancing standards . Director White noted that the current definitions in the Cod e can be changed to include medical marijuana or you can create a whole new us e definition . Mr. Brick said he would like to keep the R zone districts off-limits for distribution . Mr. Kn o th said he was against that as where a nursery is allowed you should be abl e to gro w it and it can be grown at home. He said the definition of home occupation needs to be dis cuss ed . Mr. Welker said he felt growing marijuana in a nursery was acceptable. Ms. Reid said , in . general, is it a consensus that most of the Commission do es not w ant medical marijuana as a home occupation or in the residential district. Several ag reed, but noted more discussion is needed . Ms. Kirk referenced her memo in the meeting packet regarding the areas of th e Cod e and zone districts where medical marijuana might be included . She reviewed ea c h. A f ter discussion, most felt medical marijuana does not belong in the Clinic cate gory . Mr. Welker would like to see medical marijuana as a separate entity comp l etel y; not grouped with anything else. If it is separate it will be easier to make adjustm ents in the future . The next category discussed was Greenhouse/Nursery. Mr. Fish asked if the City could prohibit the growing of marijuana completely. Ms. Reid said y ou could start out th at way, but may lose in court if challenged. Discussion ensued. The Commission agreed the Greenhouse/Nurs·ery category was one of the possibilities for growing and /or dispensing medical marijuana. The Manufacturing and Manufacturing Light categories were discussed . The Commission agreed the 1-1 light industrial district was an acceptable area . The next definition discussed was Retail. The Commission looked at the re v ised zoning map to review the new Med ical District Zoning. Mr. Brick did not want medical marijuana in MU-R-3-B or any residential district. Mr. Roth said anything with MU in it will ha v e residential. Ms. Kirk noted the new M-2 district also has residential. Mr. Knoth suggested it not be located in M-0-1 and M-0-2. After discussion it was decided to recommend medi cal • • • Planning and Zoning Commission Study Session Case #2009-04, Medical Marijuana September 9 , 2009 Page 4 of S marijuana be allowed in M-1 , M-2, M-0-2, MU-B-1, MU-B-2, 1-1 and 1-2 and not allowed in the M-0-1 district. Ms. Kirk asked the Commission if they wanted Staff to write a completely new definition . They stated they did. Ms. Kirk asked the Commission if the use is a use by right or should the City require special permitting such as a Conditional Use or Limited Use. A Conditional Use carries a $500 fee, is renewable each year, requires notice and a public hearing. The initial granting is through the Planning and Zoning Commission, but if it is appealed it would go to City Council. Mr. Kinton exited the meeting. Mr. Knoth said from a retail perspective there are probably several hundred dispensaries throughout the metro area at this time. He said Landlords have come to him asking how they write a lease in case the State law changes and they have to ask them to leave . If we put too many layers in here for the City to deal with we'll make it even more difficult for them. He would not want it to be harder to get a license for that business in Englewood than it is in Denver, Littleton or any other surrounding city. Mr. Brick said he feels competition will close a lot of shops as time goes by, but for several years we could find ourselves holding a number of public hearings . Ms. Reid suggested having the use as a Conditional Use in some zone districts, but a use by right in others . Mr. Welker was in favor of having a distancing requirement and going through a public process. Ms. Kirk said she will work on the following: 1. A separate definition 2. What zone districts the use might be a Conditional Use in 3 . Conditions attached to a Conditional Use 4. Distancing requirements Director White said use specific standards might also be established, such as those for car lots. A draft of the Ordinance will be presented for review and discussion at the October 61 " Planning and Zoning meeting. IV. PUBLIC FORUM '~;Mr . Boykin stated he is a planning student at Metro and enjoyed tonight's discussion . • Planning and Zoning Commission Study Session Case #2009-04, Medical Marijuana September 9, 2009 Page 5 of 5 V. DIRECTOR'S CHOICE ~ Director White announced there will be a public meeting to discuss sign code issues regarding banners and sandwich board signs at 6:30 p.m. on Tuesday, September 22n d in the Community Room at Civic Center. A facilitator will conduct the meeting. Director White invited the Planning and Zoning Commission members to come and participate in the discussion. The Business Improvement District, Chamber of Commerce and Alliance for Commerce in Englewood have also been invited. Future meeting update: September 22nd: October 6 1h: VI. STAFF'S CHOICE Commission invited to attend public meeting on the sign code Medical Marijuana discussion continued :fJ1 Ms. Kirk had nothing further to report. VII. ATTORNEY'S CHOICE ,~ Ms. Reid had nothing further to report. VIII. COMMISSIONER'S CHOICE ~J Mr. Brick stated the Citizen's Academy should be completed by the end of October • and he will be able to attend the first meeting in November. Mr. Roth atter.ided one of Council-person Jefferson's District 1 meetings. The meeting adjourned at 9:00 p.m. Barbara Krecklow •