Title
AN ORDINANCE AMENDING SECTIONS 21-5249 AND 21-11200 OF THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY FOR THE PURPOSE OF REGULATING THE LOCATION OF MEDICAL MARIJUANA BUSINESSES AND PRIMARY CAREGIVERS
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Summary and Background Information:
In July 2012, City Council passed Ordinance #1897, which regulated medical marijuana businesses within Commerce City. Since that time, the City has received an application for a Conditional Use Permit for a medical marijuana facility along Colorado Boulevard, which was subsequently denied by staff due to its proximity to the Sand Creek Trail (under the current definition and locational requirements for parks). The applicant appealed this denial; however, the denial was sustained by both Planning Commission and City Council based on the current language in the LDC as it relates to parks. At the City Council hearing in December, City Council directed staff to explore updated language that would separate trails from the traditional definition of parks.
After the direction from City Council in December 2012, planning staff, along with legal staff and parks planning staff, have met extensively to propose updated language to the LDC section dealing with medical marijuana businesses (Sec. 21-5249). The proposed updates primarily address the desire to separate trails, and in particular, the Sand Creek Trail, from a traditional city park, such as Pioneer Park or River Run Park. The updates also simplify and clarify the locational separation between uses. The proposed updates are summarized below:
1. Add a definition for the word "trail". Previously, no definition was found for trail within the LDC, creating confusion. The proposed definition of trail also includes such items as trailheads;
2. The specific exclusion of trails from the separation requirements of parks; and
3. The removal of the phrase, "the exterior boundary of", since this is already applicable and created confusion, since it not found consistently within this section.
If approved, then the Sand Creek Trail and its dedicated features and parcels, would no longer be an initial denial to a potential medical marijuana business, in which case these cases could proceed through the standard Conditional Use application process.
It is important to note that no changes are being proposed to the overall zone district allowance for medical marijuana businesses (I-1, I-2, or I-3, etc.) nor are any changes being proposed to the requirement for a Conditional Use Permit for these types of businesses. Any submitted applications for a medical marijuana business would still be required to be brought before both Planning Commission and City Council in a public hearing, and then a vote taken based on the approval criteria laid out in the Land Development Code.
These updates were discussed before City Council at a study session on February 11, 2013 and before Planning Commission at their regular meeting on March 5, 2013. Planning Commission voted 5-0 to send these updates to City Council with a favorable recommendation. .
Please see attached Planning Commission minutes for detailed background and discussion
Staff Responsible (Department Head): Chris Cramer, Interim Community Development Director
Staff Member Presenting: Steve Timms, Interim Planning Manager
Staff Recommendation:
Approval, per Planning Commission Recommendation
Alternative:
One option would be for City Council to approve the request as submitted by the applicant; a second option would be to approve the request subject to conditions; a third option would be for City Council to deny the request.
Suggested Motion:
I move that the City Council approve Ordinance #1948, an ordinance amending the Commerce City Land Development Code, in relation to trails and medical marijuana business locations.