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Home My WebLink About14224 City Clerk’s Office Item # M-7 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: June 10, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION RESTATING AND ADOPTING A FEE SCHEDULE FOR ZONING APPLICATIONS FOR RETAIL AND MEDICAL MARIJUANA CONDITIONAL USE PERMITS AND REPEALING RESOLUTION NO. 11951 SUMMARY: This Resolution will restate and adopt fees for zoning applications for medical and retail marijuana Conditional Use Permits and repeal the now inapplicable Resolution No. 11951. PREVIOUS COUNCIL ACTION: On November 25, 2002, City Council approved Resolution No. 9729 amending the fee schedule that included applications for Conditional Use Permits brought before the Zoning Board of Appeals and Land Use Administration Department and repealing Resolution No. 5073. On August 9, 2010, City Council approved Resolution No. 11951, creating the fee schedule that included applications for Limited Use Permits brought before the Zoning Board of Appeals. On April 28, 2014, City Council approved the establishment of a Conditional Use Permit review process for Retail Marijuana facilities. On June 23, 2014, City Council approved Resolution No. 13004 adopting a fee schedule for zoning applications for Conditional Use Permits, wherein fees were set for child care homes, retail marijuana testing facilities, retail marijuana grow facilities, and retail marijuana product manufacturing facilities. Resolution No. 13004 set the retail marijuana Conditional Use Permit fees at their current rates, which will not be changed by this resolution. On December 27, 2016, City Council approved Resolution No. 13588, amending Resolution No. 9729 and adopting a fee schedule for zoning applications for Conditional Use Permits, wherein fees were set for retail marijuana store facilities. This resolution will not change the fees set by Resolution No. 13588. BACKGROUND: The fees for application reviews of Conditional Use Permits related to retail marijuana facilities are currently spread across several resolutions. A fee schedule for application reviews of Conditional Use Permits related to medical marijuana facilities has never been adopted, and medical marijuana centers and testing facilities have recently transitioned from Limited Use Permits to Conditional Use Permits. This resolution joins together the Conditional Use Permit fees associated with retail marijuana facilities in one location and adopts similar fees for medical marijuana facilities. The fees associated with retail marijuana facilities have already been established per Resolution No’s. 9729, 13004, and 13588 and are simply being restated. Fees associated with medical marijuana facilities will be adopted. The medical marijuana Conditional Use Permit review fees will be consistent with the review fees for retail marijuana Conditional Use Permits. Because medical marijuana centers and testing facilities are no longer required to have Limited Use Permits, Resolution No. 11951 establishing fees therefore has become inapplicable and will be repealed. These fees are necessary to offset the cost for the Planning Department to process and review applications, as well as annual renewals and inspections. FINANCIAL IMPLICATIONS: The current fee for a Limited Use Permit for a Medical Marijuana Center through the Zoning Board of Appeals does not cover the full cost of reviewing and processing the applications. In addition, the fees currently charged for the Medical Marijuana Center do not include the annual renewal and inspection costs of the various City Departments required to approve the annual license renewal. Therefore, the City has effectively been subsidizing these applications, including license renewal. If the increase in the fees for these types of applications is approved, the fees will be reasonably related to the cost of reviewing and processing the application. If the fee increase is not approved, the City will be expending staff time, and other application costs that will not be fully paid by the applicants. BOARD/COMMISSION RECOMMENDATION: On May 8, 2019, the Planning and Zoning Commission voted 6-0 to update fees for applications for Medical Marijuana Centers and to establish fees for Conditional Use Permits for Medical Marijuana Testing. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If this Resolution is not approved, review fees for Conditional Use Permits associated with medical marijuana facilities will not be established and the City will be effectively subsidizing those applications. RECOMMENDATIONS: Approve the Resolution. Attachments: Proposed Resolution Resolution 11951 RESOLUTION NO. 14224 A RESOLUTION RESTATING AND ADOPTING A FEE SCHEDULE FOR ZONING APPLICATIONS FOR RETAIL AND MEDICAL MARIJUANA CONDITIONAL USE PERMITS AND REPEALING RESOLUTION NO. 11951 WHEREAS, Sections 17-8-13, 17-5-38, 17-6-5 and 12-4-8 of the Pueblo Municipal Code provide that City Council shall by Resolution establish a schedule of fees, charges and expenses for applications before the Zoning Board of Appeals, the Planning and Zoning Commission and the City Council; and, WHEREAS, City Council hereby finds and determines that the following fee schedule is fair and reasonable in relation to the cost and expense, both direct and indirect, in providing the identified services and processing the application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following fee schedule is hereby restated and adopted for applications made to the Department of Planning and Community Development: Conditional Use Permits: Retail Marijuana: Retail marijuana testing facility $2,500 Retail marijuana center facility $5,000 Retail marijuana grow facility $5,000 Retail marijuana product manufacturing facility $5,000 Conditional Use Permit Renewals: Retail Marijuana: Retail marijuana testing facility $2,500 Retail marijuana center facility $5,000 Retail marijuana grow facility $5,000 Retail marijuana product manufacturing facility $5,000 SECTION 2. The following fee schedule is hereby adopted for applications made to the Department of Planning and Community Development: Conditional Use Permits: Medical Marijuana: Medical marijuana testing facility $2,500 Medical marijuana center facility $5,000 Medical marijuana grow facility $5,000 Medical marijuana product manufacturing facility $5,000 Conditional Use Permit Renewals: Medical Marijuana: Medical marijuana testing facility $2,500 Medical marijuana center facility $5,000 Medical marijuana grow facility $5,000 Medical marijuana product manufacturing facility $5,000 SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 4. Resolution No. 11951 is hereby repealed as of the effective date of this Resolution. SECTION 5. This Resolution shall become effective immediately upon final approval. INTRODUCED June 10, 2019 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: