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 ...
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