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HomeMy WebLinkAbout08734ORDINANCE NO. 8734 AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO RETAIL MARIJUANA AND PROVIDING PENALTIES FOR VIOLATION THEREOF WHEREAS, on November 6, 2012, the voters of the State of Colorado approved Amendment 64. Amendment 64 added §16 of Article XVIII to the Colorado Constitution, which authorized a system of state and local licensing of businesses engaged in the cultivating, testing, manufacturing, and selling marijuana; and WHEREAS, Subsection 16(5)(f) of Article XVIII allows governmental localities, within their respective jurisdictions: to prohibit the operation of marijuana establishments; to regulate the time, place, and manner under which marijuana establishments may operate; and to limit the total number of establishments within their jurisdictions, including the authority to engage in local licensing of marijuana establishments; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-2-1, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by amending subsections (6.3.051), (12.1), (19), (23.01), and (38.2) and adding new subsections (11.023), (32.001), (32.002), (32.003), (42.31), (42.32), (42.33), (42.34), (42.35), (42.36), and (42.8) to read as follows: Sec. 17-2-1. Definitions. . . . (6.3.051) Bakery, retail means an establishment primarily engaged in the retail sale of baked goods for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service but shall not include the sale or or retail preparation of goods infused with medical marijuana. . . . (11.023) is a use permitted only upon issuing a conditional use Conditional use permit by the Administrative Official and subject to the limitations and conditions specified in the applicable ordinances. . . . . . . (12.1) Drug store means an establishment primarily engaged in the retail dispensing of prescription drugs and may offer nonprescription drugs, medical aids and convenience or retail goods, but shall not permit the sale or distribution of medical marijuana. The definition of drug store includes a pharmacy. . . . (19) Farming or ranching means the act or business of cultivating land, producing crops and/or keeping livestock, but specifically excludes the cultivation or production of or retail medical marijuana. . . . (23.01) Greenhouse means a retail or wholesale business whose principal activity is the selling of plants, flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products that are grown on the site, but specifically excludes the cultivation or retail or production of medical marijuana. . . . (32.001) means all parts of the plant of the genus whether Marijuana cannabis growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. (32.002) means any equipment, products, or materials of Marijuana accessories any kind, which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. (32.003) means concentrated marijuana products and Marijuana products marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. . . . (38.2) Pharmacy means an establishment primarily engaged in the retail dispensing of , prescription drugs and may offer nonprescription drugsmedical aids and convenience or retail goods, but shall not permit the sale or distribution of medical marijuana. The definition of pharmacy includes a drug store. . . . (42.31) means a person twenty-one years of age or Retail marijuana consumer older who purchases marijuana or marijuana products for personal use by persons age twenty-one years of age or older, but not for resale to others. (42.32) c means the planting, growing, or harvesting of Retail marijuanaultivation marijuana, including but not limited to hydroponic cultivation and cloning. (42.33) means an entity licensed to purchase marijuana Retail marijuana store from marijuana cultivation facilities, and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to retail marijuana consumers. (42.34) means an entity which may analyze and Retail marijuana testing facility certify the safety and potency of marijuana. (42.35) means an entity which cultivates, Retail marijuana cultivation facility prepares, and packages marijuana and sells marijuana to retail marijuana stores, to retail marijuana product manufacturing facilities, and to other retail marijuana cultivation facilities, but not to consumers. (42.36) means an entity which Retail marijuana product manufacturing facility may purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. . . . (42.8) means an education facility and includes parochial, private, School professional, college, university and public schools. SECTION 2. Section 17-4-51 of Chapter 4 of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of Section 17-4-51 to read as follows: Sec. 17-4-51. Permitted use of land and buildings. (a) , conditional use, Any use of land or structure not authorized herein as a use by right or use by review upon issuance of a special use permit in a designated zone district is unlawful. Except as otherwise provided, no building permit or certificate of zoning compliance shall be issued for a use not specifically mentioned or described in this Section and not specifically provided with the required off-street loading and parking []When a necessary is spaces and access driveway. In the case of a proposal for use []listed[] not specifically mentioned, the Administrative Official shall request that the Planning and Zoning Commission initiate proceedings to cause the amendment of this Section to make provision for such use. . . . (11.1) Highway and Arterial Business District (B-3): . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. . . . 1.1 Retail marijuana testing facility . . . (12) Regional Business District (B-4): . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. . . . 1.1 Retail marijuana testing facility . . . (12.4) Business Park District (BP): . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. . . . 1.1 Retail marijuana cultivation facility 1.2 Retail marijuana product manufacturing facility 1.3 Retail marijuana testing facility . . . (13) Special Industrial District (I-1): . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. . . . 1.1 Retail marijuana cultivation facility 1.2 Retail marijuana product manufacturing facility 1.3 Retail marijuana testing facility . . . (4) Light Industrial District (I-2) . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. . . . 1.1 Retail marijuana cultivation facility 1.2 Retail marijuana product manufacturing facility 1.3 Retail marijuana testing facility . . . (15) Heavy Industrial District (I-3): . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only upon issuance of a Conditional Use Permit. . . . 1.1 Retail marijuana cultivation facility 1.2 Retail marijuana product manufacturing facility 1.3 Retail marijuana testing facility . . . (b) Conditional use permits. A use may be permitted as a conditional use if certain minimum conditions contained in the applicable ordinances have been satisfied as determined by the Administrative Official. The Administrative Official shall have 90 days to complete the review of an application after it has been determined to be complete. If the Administrative Official, after reviewing the application, determines one or more of the conditions required for the permit cannot be satisfied, the Applicant may seek approval of a Special Use Permit for the proposed use in accordance with Section 17-5-33 of the Pueblo Municipal Code. st All Conditional Use Permits shall expire on December 31 of each year, except stst those that are issued between November 1 and December 31. Annual review of the Conditional Use Permit shall be required to verify compliance with all requirements of the Permit. Failure to comply with all requirements of the Permit, as well as any zoning violations, shall be grounds for denial of the annual renewal. (1) Retail marijuana cultivation facility a. The facility shall not be located within 1,000 feet of a legally operational school, as determined by direct measurement from the property line of the facility to the closest property line of the school. Establishing a school within the required buffer after the Conditional Use Permit is issued shall not be grounds to suspend, revoke or decline to renew the Permit for such facility provided the Permit and license for the facility remains lawfully in effect. b. The facility shall demonstrate compliance with all applicable building and related codes, including but not limited to the health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and ordinances. c. All grow operations shall be conducted in an enclosed building or greenhouse. d. Outdoor grow operations shall be prohibited. e. Grow operations shall not be located in any structure containing a residential use. f. Regardless of the zone district where the facility is located, properties with an existing structure, or those properties that will not otherwise be required to comply with full commercial requirements, shall provide, at a minimum, the following improvements: 1. Install landscaping compliant with Section 17-4-7 of this Title. 2. Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or structure. 3. Provide parking according to Article IV, Off Street Parking of this Title. Requirements 4. Provide public improvements to bring the site and adjacent rights- of-way into compliance with applicable City standards, including but not limited to repairing or replacing broken sidewalks, curbs and gutters, and providing an ADA driveway “walk-around.” 5. Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 6. The Administrative Official shall have the authority to modify, or substitute additional requirements for, any of the requirements listed above when the changes to the existing building will have a negative impact on the health, safety and welfare of the surrounding neighborhood. 7. The Administrative Official has the authority to reduce the requirements listed above for research facilities which only lease a portion of an existing structure. g. It shall be prohibited and unlawful to have signage using the word “marijuana,” “cannabis,” any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana. h. Existing windows may be screened from the interior of the building, but shall not be removed or covered from the exterior. (2) Retail marijuana product manufacturing facility a. The facility shall not be located within 1,000 feet of a legally operational school, as determined by direct measurement from the property line of the facility to the closest property line of the school. Establishing a school within the required buffer after the Conditional Use Permit is issued shall not be grounds to suspend, revoke or decline to renew the Permit for such facility provided the Permit and license for the facility remains lawfully in effect. b. The facility shall demonstrate compliance with all applicable building and related codes, including but not limited to the health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and ordinances. c. All retail marijuana products shall be prepared in a building or facility that is used exclusively for the manufacture and preparation of marijuana products. d. All retail marijuana products shall be prepared using equipment that is used exclusively for the manufacture and production of marijuana infused products. e. Regardless of the zone district where the facility is located, properties with an existing structure, or those properties that will not otherwise be required to comply with full commercial requirements, shall provide, at a minimum, the following improvements: 1. Install landscaping compliant with Section 17-4-7 of this Title. 2. Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or structure. 3. Provide parking in accordance with Article IV, Off Street Parking of this Title. Requirements 4. Provide public improvements to bring the site and adjacent rights- of-way into compliance with applicable City standards, including but not limited to repairing or replacing broken sidewalks, curbs and gutters, and providing an ADA driveway “walk-around.” 5. Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 6. The Administrative Official shall have the authority to modify, or substitute additional requirements for, any of the requirements listed above when the changes to the existing building will have a negative impact on the health, safety and welfare of the surrounding neighborhood. 7. The Administrative Official has the authority to reduce the requirements listed above for research facilities which only lease a portion of an existing structure. f. It shall be prohibited and unlawful to have signage using the word “marijuana,” “cannabis,” any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana. g. Existing windows may be screened from the interior of the building, but shall not be removed or covered from the exterior. (3) Retail marijuana testing facility a. The facility shall not be located within 1,000 feet of a legally operational school, as determined by direct measurement from the property line of the facility to the closest property line of the school. Establishing a school within the required buffer after the Conditional Use Permit is issued shall not be grounds to suspend, revoke or decline to renew the Permit for such facility provided the Permit and license for the facility remains lawfully in effect. b. The facility shall demonstrate compliance with all applicable building and related codes, including but not limited to the health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and ordinances. c. Regardless of the zone district where the facility is located, properties with an existing structure, or those properties that will not otherwise be required to comply with full commercial requirements, shall provide, at a minimum, the following improvements: 1. Install landscaping compliant with Section 17-4-7 of this Title. 2. Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or structure. 3. Provide parking in accordance with Article IV, Off Street Parking of this Title. Requirements 4. Provide public improvements to bring the site and adjacent rights- of-way into compliance with applicable City standards, including but not limited to repairing or replacing broken sidewalks, curbs and gutters, and providing an ADA driveway “walk-around.” 5. Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 6. The Administrative Official shall have the authority to modify, or substitute additional requirements for, any of the requirements listed above when the changes to the existing building will have a negative impact on the health, safety and welfare of the surrounding neighborhood. 7. The Administrative Official has the authority to reduce the requirements listed above for research facilities which only lease a portion of an existing structure. d. It shall be prohibited and unlawful to have signage using the word “marijuana,” “cannabis,” any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana. e. Existing windows may be screened from the interior of the building, but shall not be removed or covered from the exterior. SECTION 3. This Ordinance, and these amendments to Title XVII of the Pueblo Municipal Code, shall be administered and enforced according to Chapters 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or these amendments shall be guilty of a municipal offense and shall be subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: April 28, 2014 BY: Ed Brown COUNCIL PERSON PASSED AND APPROVED: May 12, 2014 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 28, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO RETAIL MARIJUANA AND PROVIDING PENALTIES FOR VIOLATION THEREOF SUMMARY: This Ordinance would amend the Pueblo Municipal Code to allow, upon the issuance of a conditional use permit, retail marijuana testing facilities within the Highway and Arterial Business District (B-3) and the Regional Business District (B-4). The Ordinance will also allow retail marijuana cultivation facilities, retail marijuana manufacturing facilities, and retail marijuana testing facilities, upon the issuance of a conditional use permit, within the Business Park (B-P), Special Industrial District (I-1), Light Industrial District (I-2), and Heavy Industrial District (I-3). Conditional use permits may be approved by the Administrative Official provided the applicant complies with the minimum requirements contained within the Pueblo Municipal Code, which, among others, includes a 1,000 foot buffer from all schools. If the Administrative Official determines that one or more of the conditions required for the conditional use permit are not satisfied, the applicant may seek approval of a special use permit in accordance with Section 17-5-33 of the Pueblo Municipal Code. All conditional use permits would expire on December 31 of each year except those issued between November 1 and December 31. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On November 6, 2012, the voters of Colorado approved Amendment 64 to the Colorado Constitution, which authorized a system of state licensing of businesses engaged in the cultivation, testing, manufacturing, and retail sales of marijuana. Amendment 64 delegates to local governments the choice of whether or not a local government will allow or prohibit retail marijuana. As proposed, this Ordinance would provide for the regulation of retail marijuana product manufacturing facilities, product manufacturing, and testing facilities. Also, as proposed, this Ordinance will prohibit the use of retail marijuana sales. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 9, 2014 Regular Meeting, voted 5-1-0 to recommend approval with Commissioner Eslinger voting against the proposal and Commissioner Burrer absent. STAKEHOLDER PROCESS: A Notice of Public Hearing was published in the Pueblo Chieftain and a Public Hearing was held before the Planning and Zoning Commission on April 9, 2014. ALTERNATIVES: If City Council does not approve this Ordinance, retail marijuana cultivation facilities, retail marijuana manufacturing facilities, and retail marijuana testing facilities will not be allowed within the City limits. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. PROPOSED MOTION: This Ordinance will be placed on the April 28, 2014 Consent Agenda for First Presentation and on the May 12, 2014 Regular Agenda for Final Presentation and Public Hearing. First Presentation: Motion to Approve the Ordinance on First Presentation, Set the Public Hearing for Monday, May 12, 2014 and Order the Ordinance Published BY TITLE. Second Presentation: Motion to Approve the Ordinance on Final Presentation. Attachments: Minutes of the Planning and Zoning Commission March 12, 2014 Regular Meeting Staff Report for Text Amendment TA-14-01 and Exhibits Notice of Public Hearing