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Home My WebLink About2009-10-06 PZC MINUTES• • • .I Planning and Zoning Commission Study Session -Medical Marijuana Case #2009 -04 October 6, 2009 Page 1of6 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING October 6, 2009 I. CALL TO ORDER ~ The regular meeting of the City Planning and Zoning Commission was called to order at 7:05 p.m. in the Community D evelopment Conference Room of the Englewood Civic Center, Chair Bleile presiding. Present: Absent: Staff: Bleile, Roth, King, Welker, Krieger (entered 7:13), Kn_oth, Fish, Calonder Kinton (alternate) (entered 7:2 0) Brick Alan White, Director Community Development Audra Kirk, Planner I Nancy Reid , Assistant City Attorney II. APPROVAL OF MINUTES September 9, 2009 ~. Welker moved: Knoth seconded: TO APPROVE THE SEPTEMBER 9, 2009 MINUTES Chair Bleile asked if there were any modifications or corrections. There were none. AYES : NAYS : ABSTAIN: ABSENT: Roth, Welker, Knoth, Fish . . None Calonder, King, Bleile Brick, Krieger Motion carried . Ill. AMENDMENT TO TITLE 16 RELATED TO MEDICAL MARllUANA r~'. Ms. Reid distributed the State's definition for "Primary Care-G iver" and gave a brief background on medical marijuana. The Commission discussed at length where to allow a Medical Marijuana Primary Care- Gi ver and under what conditions . • • • Pianning and Z onin g Commi ss io n Study Sessio n -M edical Marijuana Case #2009 -04 Octo ber 6 , 2009 Page 2 of 6 Ms. Kirk reviewed what was discussed at the September 9 th meeting. She distributed copi es of emails from john Brick and Don Roth and a cop y of the new Ordinance for licensing a care-giver in Englewood . She noted at the last meeting the Commission did not feel the use was appropriate in residential districts . Ms. Kirk asked the Commission to open their packet to page 3 of the Table of Allowed Uses to review the proposed changes . Chair Bleile went around the table and asked each Commissioner what zone districts the y would like to see facilities allo w ed . Ms. Kirk was asked how time consuming it would be if the use was a conditional use, which requires a public hearing. How man y applications do you foresee? She stated the Commission could spend quite a bit of time in public hearings . Mr. Knoth said there are over 200 applications right now in the metro area and several opening on Broadwa y north of Evans in the next month . Chair Bleile said he agreed facilities should be placed in areas of heavy law enforcement traffic and hea vy foot traffic, not in the industrial area. Ms . Kirk reviewed the requirements for a conditional use . Chair Bleile asked for another round of discussion as to whether the Commission would prefer a facility be located in both the medical district and industrial district or one or the other. Discussion continued on regulating the store front and allowable signage . Ms. Kirk said the City cannot dictate what is placed on their sign , but signs would have to adhere to the City's sign code. After discussion it was decided not to allow a care-giver in the 1-1 and 1-2 zone districts. Ms . Kirk next discussed whether or not distancing requirements are needed. She asked the Commissioners to turn to page 9 of her report to discuss each of the proposed amendments . The Commission asked Ms. Reid to look into limiting hours of business . Several Commissioners did not want the product visible from the sidewalk or public right-of- way. Ms . Reid will look into the State Statute wording regarding areas for consumption . Distancing requirements was discussed next. Calonder moved : Bleile seconded: TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER IN THE M-1 ZONE DISTRICT ONLY WITH DISTANCING REQUIREMENTS • • • Planning and Zoning Commis sion Study Session -Medical Marijuana Case #2009-04 October 6, 2009 Page 3 of 6 AYES: NAYS : ABSTAIN: ABSENT: Motion failed. Bleile, Calonder Roth , Knoth , Welker, Fish , King, Krieger None Brick Welker moved: Calonder seconded : TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER IN THE M -1, M-2 AND M0-2 ZONE DISTRICTS AS A CONDITIONAL USE AND PERMITIED IN THE MU-B-1 AND MU-B-2 ZONE DISTRICTS AYES: NAYS: ABSTAIN : ABSENT: Motion failed. Fish , Welker, Krieger, Knoth Roth, Calonder, King, Bleile None Brick Calonder moved : Welker seconded : TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER IN THE M -1, M-2 AND M0-2 ZONE DISTRICTS AS A CONDITIONAL USE AYES: NAYS: ABSTAIN : ABSENT : Motion failed. Calonder, King, Bleile Roth , Fish , Welker, Krieger, Knoth None Brick Krieger moved: Calonder seconded: TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER IN THE M -1, M-2 AND M0-2 ZONE DISTRICTS AS A PERMITIED USE AYES: NAYS : ABSTAIN : ABSENT: Motion failed . Krieger, Calonder Roth, King, Bleile, Fish , Welker, Knoth None Brick • • • Planning and Zoning Commi ss ion Study Ses sion -Medical M arij uana Case #2009-04 October 6 , 2009 Page 4 of 6 Welker moved: King seconded : TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE -GIVER IN THE M-1 , M-2 AND M0-2, MU-B-1 AND MU-B-2 ZONE DISTRICTS AS A CONDITIONAL USE AYES: NAYS: ABSTAIN: ABSENT : Motion failed. Roth, King Fish , Welker, Krieger, Ca!onder, Knoth, Bleile None Brick Welker moved : Fish seconded : TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER IN THE M-1, M-2 AND M0-2 ZONE DISTRICTS AS A CONDITIONAL USE AND AS A PERMITIED USE IN MU-B-1 AND MU-B-2 WITH DISTANCING REQUIREMENTS. AYES : NAYS: ABSTAIN: ABSENT : Welker, Fish , Krieger, Calonder, King Roth, Knoth , Bleile None Brick Motion carried. Welker moved : Krieger seconded: TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER IN THE M-1 , M-2 AND M0-2, MU-B-1 AND MU-B-2 ZONE DISTRICTS AS A PERMITIED USE WITH DISTANCING REQUIREMENTS AS FOLLOWS: AYES: NAYS: ABSTAIN: ABSENT : None 1. WITHIN 500 FEET OF A LICENS~D CHILD CARE FACILITY; 2. WITHIN 500 FEET OF ANY EDUCATIONAL INSTITUTION EITHER PRIVATE OR PUBLIC ; 3. WITHIN 500 FEET OF ANY CHURCH OR RELIGIOUS INSTITUTION; AND 4. WITHIN 2,500 FEET OF A LIKE BUSINESS. Roth, Knoth , Bleile, Welker, Fish , Krieger, Calonder, King None Brick • • • .. Plannin g and Zoning Commission Study Session -Medical Marijuana Case #2009-04 Octo ber 6, 2009 P age 5 of 6 Motion failed. Welker moved : Krieger seconded: TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER IN THE M-1 , M-2 AND M0-2, MU-B-1 AND MU-B-2 ZONE DISTRICTS AS A PERMITIED USE WITH DISTANCING REQUIREMENTS AS FOLLOWS: AYES: NAYS : ABSTAIN: ABSENT : Motion failed . 1. WITHIN 500 FEET OF A LICENSED CHILD CARE FACILITY; 2 . WITHIN 500 FEET OF ANY EDUCATIONAL INSTITUTION EITHER PRIVATE OR PUBLIC; 3. WITHIN 500 FEET OF ANY CHURCH OR RELIGIOUS INSTITUTION; AND 4. WITHIN 1,250 FEET OF A LIKE BUSINESS . Welker, Krieger, Roth Fish, Calonder, Knoth, King, Bleile None Brick Mr. Welker amended his original motion that passed: Welker moved : Krieger seconded : TO ALLOW A MEDICAL MARIJUANA PRIMARY CARE-GIVER AS A CONDITIONAL USE IN THE M-1 , M-2 AND M0-2 ZONE DISTRICTS AND AS A PERMITIED USE IN THE MU-B-1 AND MU-B-2 ZONE DISTRICTS WITH DISTANCING REQUIREMENTS. NO MEDICAL MARIJUANA PRIMARY CARE-GIVER SHALL BE LOCATED : AYES : 1. WITHIN 500 FEET OF A LICENSED CHILD CARE FA<:;:ILITY IN M- 1, M-2, M0-2, MU-B-1 AND MU-B-2 ZONE DISTRICTS; 2 . WITHIN 500 FEET OF ANY EDUCATIONAL INSTITUTION EITHER PRIVATE OR PUBLIC IN M-1, M-2, M0-2, MU-B-1 AND MU-B-2 ZONE DISTRICTS; 3. WITHIN 500 FEET OF ANY CHURCH OR . RELIGIOUS INSTITUTION IN M-1 , M-2, M0-2, MU-B-1 AND MU-B-2 ZONE DISTRICTS ; AND 4. WITHIN 500 FEET OF A LIKE BUSINESS IN THE M-1, M-2 AND M0-2 ZONE DISTRICTS AND 2,500 FEET OF A LIKE BUSINESS IN THE MU-B-1 AND MU-B-2 ZONE DISTRICTS ONLY . Welker, Fish, Krieger, Roth, Knoth • • • ·Planning and Zoning Commission Study Session -Medical Marijuana Case #2009-04 October 6, 2009 Page 6 of 6 NAYS: ABSTAIN: ABSENT: Calonder, King, Bleile None Brick Motion carried. IV. PUBLIC FORUM .jf] There was no public present. V. DIRECTOR'S CHOICE IfJl Director White informed the Commission that on October 5, 2009 City Council recommended the City Manager establish a temporary suspension or moratorium on the enforcement of select provisions of the Englewood Municipal Code 2000, the Sign Code, pertaining to banners and portable signs for a period of four months . City Council recommended the Alliance for Commerce Board make sign code revision recommendations to the Planning and Zoning Commission . VI. STAFF'S CHOICE ~ Ms. Kirk had nothing further to report. VII. ATTORNEY'S CHOICE ~ Ms. Reid stated the Colorado Court of Appeals ruled the Headed West murals can stay. City Council will discuss whether or not to appeal the ruling. VIII. COMMISSIONER'S CHOICE -~ Several Commissioners commented on tonight's discussion and vote. The meeting adjourned at 9:30 p.m. Barbara Krecklow, ecording Secretary