Title
CONDITIONAL USE PERMIT FOR A MEDICAL MARIJUANA BUSINESS CASE #CU-99-12-14
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Summary and Background Information:
iVita Wellness is requesting approval of a Conditional Use Permit in order to operate a medical marijuana dispensary at 5500 Colorado Boulevard, zoned I-2.
iVita Wellness has proposed to convert an existing 1,100 square foot office space on the subject property into a Medical Marijuana Dispensary (MMD).
The applicant submitted a Conditional Use Permit (CUP) application in order to operate a Medical Marijuana Dispensary (MMD) at the subject property in the summer of 2012. After performing the initial review of the application, staff notified the applicant that the subject property was located within 1,000-feet of a trailhead to the Sand Creek Regional Greenway. At that time, the trailhead was defined as a park, which is one of the uses that precludes a MMD from locating within 1,000-feet. The applicant appealed staff's decision to City Council where staff's interpretation was unanimously upheld. Subsequent to City Council's affirmation of staff's interpretation, City Council directed staff to revise the LDC to no longer include trails in the buffer requirements for MMDs. In 2013, City Council unanimously approved an amendment to the MMD section of the LDC that excluded tails from the definition of park, as that term relates to MMDs. Therefore the applicant has continued to pursue the CUP approval for a MMD and the application is ready for consideration by City Council.
Staff Responsible (Department Head): Chris Cramer, Community Development Director
Staff Member Presenting: Paul Workman, City Planner
Staff Recommendation:
Per Planning Commission's recommendation; approval subject to conditions.
Alternatives:
(1). Approve the request as submitted by the applicant.
(2). Approve the request subject to conditions (recommended by Planning Commission).
(3). Deny the request.