Title
iVita Wellness, LLC appeals the City's decision to deny its application for a Conditional Use Permit to operate a medical marijuana facility at 5500 Colorado Boulevard, zoned I-2.
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Summary and Background Information:
iVita Wellness, LLC has appealed staff's administrative denial of their submitted Conditional Use Permit (CUP) because it failed to meet the distance requirements for a medical marijuana dispensary in Section 21-5249 of the Land Development Code (LDC).
Mr. David Foster, legal representative for iVita wellness, LLC has appealed the City's denial of their Conditional Use Permit stating that 1) The distance requirement in Section 21-5249 were met; 2) A trailhead is not within the definition of a "park"; and 3) To the extent a trailhead is a "park" it is more than 1,000 feet from the "medical marijuana business" as that term may be defined. On October 2, 2012, Planning Commission voted unanimously (5-0) to recommend to City Council that staff's determination be affirmed.
Staff Responsible (Department Head): Chris Cramer, Interim Community Development Director
Staff Member Presenting: Paul Workman, City Planner
Staff Recommendation:
Affirm staff's administrative denial of the Conditional Use Permit (CUP), per Planning Commission's recommendation (5-0).
Alternatives:
1. Affirm staff's denial (recommended by Planning Commission)
2. Reverse staff's denial and allow for the Conditional Use Permit to proceed through the normal hearing process.