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ORDINANCE NO. 9109
AN ORDINANCE AMENDING TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO ZONING OF RETAIL
MARIJUANA STORES
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 of marijuana; and,
WHEREAS, Subsection 16(5)(f) of Article XVIII allows governmental entities,
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.
Article V of Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby modified
by amending Section 17-4-51 to read as follows:
Sec. 17-4-51. Permitted use of land and buildings.
Any use of land or structure not authorized herein as a use by right, conditional
use, 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.
. . .
(e) Conditional uses. In addition to the other requirements, the following conditions shall
apply to each of the uses in districts where they are indicated with a "C" in the Land
Use Table. The conditions are listed below.
. . .
(42.5) Retail marijuana store facility.
a. The facility shall be located beyond the required separation distances, as
determined by direct measurement from the property line of the facility to the
closest property line of the buffered use. Establishing a use within the
required separation distance 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. In the event these separation distance restrictions do not appear
reasonable when applied to a specific location, the applicant may apply to
the Zoning Board of Appeals for a variance, but the variance may not reduce
the separation distance requirements by more than ten percent (10%),
except that schools may only be reduced as stated below.
(1) One thousand (1,000) feet of a legally operational school, which holds
classes. The Zoning Board of Appeals shall have the authority to grant
a variance from the one thousand (1,000) foot school buffer if the
property line of the school, by direct measurement, is one thousand
(1,000) feet from the building of the marijuana facility.
(2) Five hundred (500) feet of a hospital or substance abuse treatment
center; and
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(3) Three hundred (300) feet of a residential use or residential zone
district.
SECTION 2.
This Ordinance, and the amendments to Title XVII of the Pueblo Municipal Code,
shall be administered and enforced according to Chapters 5 and 7 of 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
punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo
Municipal Code, as amended.
SECTION 3.
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 4.
This Ordinance shall become effective thirty (30) days following final
passage and approval.
INTRODUCED March 13, 2017
BY: Ed Brown
PASSED AND APPROVED: March 27, 2017
City Clerkâs Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
March 13, 2017
TO: President Stephan G. Nawrocki 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 TITLE XVII OF THE PUEBLO MUNICIPAL
CODE RELATING TO ZONING OF RETAIL MARIJUANA STORES
SUMMARY:
Attached for consideration is a text amendment that will amend Title XVII of the Pueblo
Municipal Code relating to zoning of retail marijuana stores.
PREVIOUS COUNCIL ACTION:
On December 27, 2016, City Council approved Ordinance 9085, amending Titles XI and
XVII of the Pueblo Municipal Code to approve retail marijuana stores and providing
penalties for violation of the amended code.
BACKGROUND:
On December 27, 2016, City Council approved Ordinance 9085, amending Titles XI and
XVII pf the Pueblo Municipal Code to approve retail marijuana stores and providing
penalties for violation of the amended code.
Per Ordinance 9085, marijuana stores are restricted to business or industrial districts.
When drafted, the intention of the amended Section 17-4-51(e)(42.5) was to keep
marijuana stores in those districts and to maintain an adequate buffer from any residential
zone. Marijuana stores should be at least three hundred (300) feet from any residential
zone or residential use within such a zone.
However, the Planning and Zoning Commission noted that as currently drafted, marijuana
stores cannot be within three hundred (300) feet of any residential use, not just residential
uses within a residential zone. This causes issues where there are non-conforming
residential uses within an area zoned for business or industry. For example, a building
zoned for residential use in the middle of a business or industrial zone, even if not used
for a residential purpose, would prevent a marijuana store from opening.
Municipal zoning regulations are so extensive that there are very few places within the
city where marijuana stores can be opened. If the buffer is to be maintained even around
non-conforming uses, then the available area for stores will be almost cut in half. This
restriction on location would greatly limit competitive business practices and unduly hinder
license applicants. As such, the Municipal Code needs to be amended to conform to the
drafted intent.
FINANCIAL IMPLICATIONS:
There are no financial implications for the proposed change.
BOARD/COMMISSION RECOMMENDATION:
Planning and Zoning Commission recommend passage of the Ordinance to correct
discrepancy in the zoning code language.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code
will not be amended to reflect the proposed changes relating to zoning.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Place Holder for March 22, 2017 P&Z Minutes
Place Holder for March 22, 2017 Staff Report & Attachments