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Home My WebLink AboutZOA-14-04City Council Minutes June 23, 2014 Page Mayor Jay closed the public hearing, COUncilmernbers gave their opinions about the ordinance, Motion carried - } with Councilmember Fitzgerald voting no, € oun it Boll No, -2014 mending Chapters 26 and 11 of the Wh t Ridge Cade of Laws by the dditi n of New Section 26-639 n rr it g Marijuana a nd amending paragraph 1 - 2 1 t concerning applications for Primary ry Care- Giver Licenses City Council Minutes June 23, 2014 not highly regulated by the state. Notable arnong the restrictions are the prohibition of the use of compressed gas and the prohibition of personal grows in Commercial zones, Council questions followed, The penalty phase was discussed, during which Chief Brennan noted that the level of charges will be based on the CirCLIMstances of the infraction, 'There was no public cornment. Mayor Jay closed the public hearing, 3, Council Bill No, 08-2014 - amending the Wheat Ridge Code of Laws concerning the keeping of 15w' Councilmernber Langworthy introduced Council Bill No. 08-2014- Ma MIOWI&jaaa�* 16=11 4, Resolution 36-2014 - approving Hopper Hollow Park as the narne for the new park located at 44" 'Ave, and Kendall St Kenneth Johnstone From* Sent: To: &�M= FM I * ^ - All present - minutes approved Langworthy supports Starker clarified comments on lack of applicabty • testing facilities Wooden supports reluctantly, prefers a moratorium DiTullio support, decriminalization is good, common sense regulations 7-1 Residential MJ Cultivation - Starker introduction, Dahl staff report, Ordinance 1551 DiTullio, clarified compressed natural gas is prohibited, Dahl and Brennan respond Langworthy, odors Starker motion, DiTullio 2nd, 8-0 Dwarf Goats, Langworthy introduction and motion, DiTullio second, 8-0 Kenneth Johnstone City of W heat -Midge ITEM NO: d . DATE: June 23, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06 -2014 — AN ORDINANCE AMENDING CHAPTERS 26 AND 11 OF THE WHEAT RIDGE CODE OF LAWS BY THE ADDITION OF NEW SECTION 26 -639 CONCERNING MARIJUANA AND AMENDING PARAGRAPH 11- 321(b)(8) CONCERNING APPLICATIONS FOR PRIMARY CARE -GIVER LICENSES ❑ PUBLIC HEARING ❑ BIDS /MOTIONS ❑ RESOLUTIONS QUASI- JUDICIAL: ❑ ORDINANCES FOR 1 IT READING (06/09/2014) ® ORDINANCES FOR 2 READING (06/23/2014) ❑ YES �'m . City Attorney .1 NO City Manager ISSUE: Under existing state Constitutional provisions, individuals may cultivate and possess up to six marijuana plants, with three or fewer being mature flowering plants that are producing a usable form of marijuana, for their own consumption and use. Medical marijuana patients and their primary care - givers may possess even more than six plants at a time to meet a demonstrated medical need. Existing City Code does not regulate the manner in which marijuana may be cultivated and used by individuals in residential zone districts. The City Council discussed the issue at its May 19, 2014 study session. Finding that the unregulated cultivation and processing of marijuana in residential settings may pose significant health, safety and welfare risks, such as an increased risk of fire, mold, odor, fumes, theft or burglary and access to marijuana by children, the City Council directed staff to present an ordinance adopting residential cultivation and processing restrictions. This ordinance adopts the following restrictions on marijuana cultivation, drying, processing and manufacturing in residential dwellings: CAF — Marijuana Residential Grows June 23, 2014 Page 2 • The use must be conducted in an enclosed locked space within the dwelling; may not be located in an accessory structure. • The use must be incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. • The use may only be conducted by a person who resides in the dwelling. • The total area used may not exceed 25% of the gross floor area of the dwelling unit. This is the maximum floor area permitted for a home occupation. • The use cannot generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in any residential zone district. • There cannot be any visible evidence of the activity from any property line. • The use of compressed, flammable gas for processing marijuana is prohibited. • The City's building regulations in Chapter 5 are cross - referenced and the legal requirement to comply with such regulations if any electrical, mechanical, plumbing or other systems are installed or modified is emphasized. The ordinance also prohibits the co- location of "personal" grows on commercial properties (an unregulated and unlicensed communal garden of personal inventory) by prohibiting cultivation and manufacturing activities on commercial properties unless conducted by properly - licensed retail or medical marijuana businesses. The ordinance also requires primary care - givers to acknowledge these restrictions in their license applications. PRIOR ACTION: At its May 19, 2014 study session, the City Council reviewed a number of policy questions related to marijuana - related activities. Staff proposed that language be added to the Code to address residential cultivation and manufacturing activities as applied to personal grows and primary care - givers. The Council directed staff to prepare such an ordinance for consideration. The Planning Commission is scheduled to conduct a hearing on the ordinance on June 19 and formulate its recommendation, to be forwarded to the Council prior to Council's second reading of the ordinance. FINANCIAL IMPACT: Little direct financial impact to the City is projected, as the activities regulated by the ordinance are residential and not commercial. City law enforcement and code enforcement resources could face an increased demand if the regulations result in more complaints about residential cultivation activities. BACKGROUND: Under Section 14 of Article XVIII of the Colorado Constitution ( "Amendment 20 "), individuals with debilitating medical conditions and their "primary care - givers," as further defined therein, are provided defenses to (or exceptions from) criminal prosecution for the possession, production and use or medical marijuana. Amendment 20 authorizes such individuals to possess up to six marijuana plants, with three or fewer being mature flowering plants that are producing a usable REC*MMENDATIONS: Approve the ordinance as presented on first reading. am "I move to postpone indefinitely Council Bill No. Q6�-_2014, an ordinance amending Chapters 26 and I I of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11 -32 1 (b)(8) concerning applications for primary care-giver licenses, for the following reason(s) Carmen Beery, City Attorney's Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER Council Bill No. 06 Ordinance No. WHEREAS, under Amendment 20, patients may possess up to six (6) marijuana plants, with three or fewer being mature flowering plants that are producing a usable form of marijuana; and WHEREAS, Amendment 20 also provides that a patient may possess more than six (6) plants if necessary to address the patient's debilitating medical condition; and WHEREAS, under Amendment 20 a primary care-giver is permitted to possess as many plants as necessary to address any one of his or her patient's debilitating medical conditions, and WHEREAS, City Council has been made aware that some patients have claimed that they need nearly eighty (80) marijuana plants to address their debilitating medical conditions, and 7 City Council has learned that the cultivation, processing, growing and possession activities for patients, primary care-givers and adults as described in Amendment 20 and Amendment 64 are not highly regulated under state law; and WHEREAS, if such activity is not otherwise regulated and limited within the City it could after the character of the City's residential neighborhoods and present safety Attachment 1 risks, affecting the health, safety, order, comfort, convenience and general welfare of the residents of the City; and SeqjJ2!jj. Chapter 26 of the Wheat Ridge Code of Laws is hereby amended the addition of a new section 26-639, to read in its entirety as follows: 5. The use shall not generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in any residential zone district. i�,. There shall be no visible evidence from any property line that such use is occurring within the dwelling. 7. The use of compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids is prohibited. 8. The installation or modification of any electrical, mechanical, plumbing or any other type of system or fixture related to the use shall comply with all applicable provisions of the City's building regulations as set forth in Chapter 5 of this Code. C. Except as provided for in Articles XII and XIII of Chapter I I of this code, cultivation, drying, processing, manufacture and storage of marijuana may not occur in any non-residential structure. Section 2. Paragraph 11-321(b)(8) of the Wheat Ridge Code of Laws is hereby amended as follows (8) A statement by the applicant acknowledging that the provisions in chapter 26 of this code concerning MARIJUANA APPLY heme - q—ti—s applie-s to the activities of a primary care-giver; and Section 3. Severabillky, Conflicting Ordinances Revealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to I on this 9th day of June , 2014, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for June 23 , 2014, at 7:00 pm., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote • to _, this _ day of 2014. U SIGNED • the Mayor on this - day • 2014. First Publication: June 12, 2014 Second Publication: Wheat Ridge Transcript Effective Date: m • 1-101KII lu Ia x am - , A a H mum IgN I The proposed ordinance is available in electronic form on the City's official website. www.ci.wheatridg-c.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, June 5, 2014 TM The following case shall be heard: Case No. ZOA-14-04: An ordinance amending chapter 26 and chapter 11 of the Wheat Ridge code of laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11 -321 (b)(8) concerning applications for primary care-giver licenses. MIT) WaggOner, Adminlstnflavc Assistant Residential MJ cultivation • Two ordinance this evening regarding the treatment of various marijuana related uses in the City • The first under consideration relates to residential growing of marijuana, whether it be for medicinal or recreational use • The ordinance proposes to place certain limits on the manner in which marijuana is cultivated on residential properties in the City • Generally the ordinance treats residential marijuana cultivation very similar to a home occupation, which means the following: • Limited to 25% of the gross floor area of the primary structure • Entirely indoors ' City of CO Wheat Rdge PLANNING COMMISSION MMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 19, 2014 TITLE: AN ORDINANCE AMENDING CHAPTERS 26 AND 11 OF THE WHEAT RIDGE CODE OF LAWS BY THE ADDITION OF A NEW SECTION 26 -639 CONCERNING MARIJUANA AND AMENDING PARAGRAPH 11- 321(b)(8) CONCERING APPLICATIONS FOR PRIMARY CARE -GIVER LICENSES CASE NO. ZOA -14 -04 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, AICP, Community Development Director Date of Preparation: June 19, 2014 SUMMARY: Under existing state Constitutional provisions, individuals may cultivate and possess up to six marijuana plants, with three or fewer being mature flowering plants that are producing a usable form of marijuana, for personal consumption and use. Medical marijuana patients and their primary care - givers may possess more than six plants at a time to meet a demonstrated medical need. Existing City Code does not regulate the manner in which marijuana may be cultivated and used by individuals in residential zone districts. In the years since each of the Constitutional amendments have been adopted and the City has allowed residential growing of marijuana, there have been numerous instances where health and safety issues have been identified in residential structures where large amounts of marijuana were being grown and harvested. As such, it is reasonable and necessary to place certain regulations and limitations on the residential growing of marijuana. The City Council discussed the issue at its May 19, 2014 study session. Finding that the unregulated cultivation and processing of marijuana in residential settings may pose significant health, safety and welfare risks, such as an increased risk of fire, mold, odor, fumes, theft or burglary and access to marijuana by children, the City Council directed staff to present an ordinance adopting residential cultivation and processing restrictions. This ordinance proposes to adopt the following restrictions on marijuana cultivation, drying, processing and manufacturing in residential dwellings: ZOA -14 -04 / Residential Marijuana Cultivation and Primary Caregiver Licensing • The use must be conducted in an enclosed locked space within the dwelling; it may not be located in an accessory structure. • The use must be incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. • The use may only be conducted by a person who resides in the dwelling. • The total area used may not exceed 25% of the gross floor area of the dwelling unit. This is the maximum floor area permitted for a home occupation. • The use cannot generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in any residential zone district. • There cannot be any visible evidence of the activity from any property line. • The use of compressed, flammable gas for processing marijuana is prohibited. • The City's building regulations in Chapter 5 are cross - referenced and the legal requirement to comply with such regulations if any electrical, mechanical, plumbing or other systems are installed or modified is emphasized. The ordinance also prohibits the co- location of "personal" grow operations on commercial properties (e.g. an unregulated and unlicensed communal garden of personal inventory) by prohibiting cultivation and manufacturing activities on commercial properties unless conducted by properly- licensed retail or medical marijuana businesses. The ordinance also requires primary care - givers to acknowledge these restrictions in their license applications. BACKGROUND: Under Section 14 of Article XVIII of the Colorado Constitution ( "Amendment 20 "), individuals with debilitating medical conditions and their "primary care - givers," as further defined therein, are provided defenses to (or exceptions from) criminal prosecution for the possession, production and use or medical marijuana. Amendment 20 authorizes such individuals to possess up to six marijuana plants, with three or fewer being mature flowering plants that are producing a usable form of marijuana, with an allowance for an individual to possess more than six if necessary to adequately treat the patient's debilitating medical condition. Section 16 of Article XVIII of the Colorado Constitution ( "Amendment 64 ") similarly authorizes persons over 21 years of age to possess, grow, process, or transport no more than six marijuana plants with three or fewer being mature, flowering plants so long as such activity takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. As a result of both of these Constitutional amendments, individuals have a constitutionally - protected right to grow marijuana plants in their homes. They have a corollary right to harvest, process and consume the marijuana that they grow. The cultivation, processing and growing of marijuana by patients, primary care - givers and adults, as authorized by Amendment 20 and Amendment 64, are not highly regulated under state law. Individuals who may have little training or expertise in the growing or manufacturing of marijuana and marijuana products may be engaging in such activities in residential settings with no regulatory oversight. This ordinance adopts reasonable regulations intended to ensure that ZOA -14 -04 / Residential Marijuana Cultivation and Primary Caregiver Licensing 2 ZOO -14 -04 / Residential Marijuana Cultivation and Primary Caregiver Licensing 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 0• Ordinance No. WHEREAS, Article XVIII Section 14 of the Colorado Constitution ("Amendment 20") authorizes and limits the use of medical marijuana for the treatment of debilitating medical conditions and provides patients and primary care-givers, as those terms are defined therein, with criminal defenses to, or exceptions from prosecution for the possession, production and use or medical marijuana; and VPNEREAS, under Amendment 20, patients may possess up to six (6) marijuana plants, with three or fewer being mature flowering plants that are producing a usable form of marijuana; and 61 V'M talu F. 11 & Is 0:10P& I'm (ON: to v I gigm (tizz sin r4E W I i ME 1111001153501 IMPT01AL011IN012 ' LIE -�Jf WHEREAS, under Amendment 20 a primary care-giver is permitted to possess as many plants as necessary to address any one of his or her patient's debilitating medical conditions; and WHEREAS, City Council has been made aware that some patients have claimed that they need nearly eighty (80) marijuana plants to address their debilitating medical conditions; and WHEREAS, City Council has learned that the cultivation, processing, growing and possession activities for patients, primary care -givers and adults as described in Amendment 20 and Amendment •4 are not highly regulated under state law; and WHEREAS, if such activity is not otherwise regulated and limited within the City it could alter the character • the City's residential neighborhoods and present safety B. Cultivation, drying, processing and manufacture of marijuana and marijuana-infused products is permitted as an accessory use to any residential dwelling provided, however, that the following requirements are met: 3. Such use may only be conducted by a person who resides within the dwelling in which the use is occurring. 4. The total area used for said purposes shall not exceed twenty-five percent (25%) ■ the gross floor area of the user's dwelling unit. M 5. The use shall not generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in any residential zone district. 6. There shall be no visible evidence from any property line that such use is occurring within the dwelling. 7. The use of compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids is prohibited. 8, The installation or modification of any electrical, mechanical, plumbing or any other type of system or fixture related to the use shall comply with all applicable provisions of the City's building regulations as set forth in Chapter 5 of this Code. C. Except as provided for in Articles XII and XIII of Chapter 11 of this code, cultivation, drying, processing, manufacture and storage of marijuana may not occur in any non-residential structure. Section 2. Paragraph 11-321(b)(8) of the Wheat Ridge Code of Laws is hereby amended as follows: (8) A statement by the applicant acknowledging that the provisions in chapter 26 of this code concerning MARIJUANA APPLY hGF"e GGG - giver and , p4es to the activities of a primary care Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption 2rnd signature of the Mayor, as provided by Section 5.11 of the Charter. IR READ, AND ADOPTED on first reading by a vote of — to on this day of , 2014, ordered published in full in a newspaper general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for June 23, 2014, at 7:00 p.m., in the Council Chambers, 7500 West 29 th Avenue, Wheat Ridge, Colorado. 11 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by 7 vote of to this _ day of 2014. SIGNED by the Mayor • this - day of 2014. First Publication: Second Publication: Effective Date El C. Case No. ZOA-14-04: An ordinance amending chapter 26 and chapter I I of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11- 321(b)() concerning applications for primary care-giver licenses. Mr. Johnstone presented the case. He stated the purpose of the ordinance is to place certain limits on the manner in which marijuana is cultivated on residential properties. He reviewed the Planning Commission Legislative Item Staff Report. He stated the ordinance is scheduled for City Council public hearing on June 23, 2014 and Planning Commission's recommendation will be forwarded to City Council for consideration. Commissioner BUCKMAN asked if it is a public safety issue as to why cultivation is not allowed in an accessory structure. Mr. Johnstone stated that is part of the reason. Commissioner WEAVER asked what qualifies as visual evidence. Mr. Johnstone stated that language is mirrored from the home occupation ordinance. The intent is to maintain the residential character of the neighborhood. Chair BRINKMAN asked if the City includes the basement when reviewing square footage for gross floor area. Mr. Johnstone stated yes, if it is habitable and if meets applicable building codes. Chair BRINKMAN requested an explanation for 25% of gross floor area for 6 plants. Mr. Johnstone stated that the logic is the same figure as the home occupation ordinance, Chair BRINKMAN asked if the reference for the use of compressed flammable gas for processing marijuana is for making hash. Mr. Johnstone stated it is used for making products and extractions including hash, Chair BRINKMAN asked if code enforcement would remove any plants over the allowed amount, Mr. Johnstone replied yes. Chair BRINKMAN closed the public hearing as there was no one in the audience to speak. It was moved by Commissioner TIMMS and seconded by Commissioner 26 and 11 of the Wheat Ridge Code of Laws by the addition of a new section 26-63 concerning marijuana and amending paragraph 11-321(b)(8) concerning applications for primary caregivers licenses. I Motion carried 6-0. Kenneth Johnstone jFrom: - Min 111 11 - No public forum Kenneth Johnstone Friday, June 20, 2014 8:12 IIA Kenneth Johnstone 'K8ark Martin and Martin -Pat Hott,ln favor, would like fencing and concerned with status of property line, vacant parcel onWadsworth -FnankStites - dup|exonYarnom,questioonnnemmnantparcei - Carol Greene - concrete fence between properties on Yarrow -KAiheGreeme - notc{ear MJ Cultivation - Residential - Timms motion, Alan 2nd, 6-0 MlPs - Bucknarn motion, Weaver 2nd, 6-0 1 City of Wheat j�idge �.�� ITEM NO: 1 \ � DATE: June 9, 2014 1 � REQUEST FOR CITY COUNCIL ACTION Mpn C TITLE: COUNCIL BILL NO. 06 -2014 — AN ORDINANCE AMENDING CHAPTERS 26 AND 11 OF THE WHEAT RIDGE CODE OF LAWS BY THE ADDITION OF NEW SECTION 26 -639 CONCERNING MARIJUANA AND AMENDING PARAGRAPH 11- 321(b)(8) CONCERNING APPLICATIONS FOR PRIMARY CARE -GIVER LICENSES ❑ PUBLIC HEARING ❑ BIDS /MOTIONS ❑ RESOLUTIONS QUASI- JUDICIAL: ® ORDINANCES FOR 1 ST READING (06/09/2014) ❑ ORDINANCES FOR 2 READING (06/23/2014) ❑ YES City Attorney 1 - - ISSUE• Under existing state Constitutional provisions, individuals may cultivate and possess up to six marijuana plants, with three or fewer being mature flowering plants that are producing a usable form of marijuana, for their own consumption and use. Medical marijuana patients and their primary care - givers may possess even more than six plants at a time to meet a demonstrated medical need. Existing City Code does not regulate the manner in which marijuana may be cultivated and used by individuals in residential zone districts. The City Council discussed the issue at its May 19, 2014 study session. Finding that the unregulated cultivation and processing of marijuana in residential settings may pose significant health, safety and welfare risks, such as an increased risk of fire, mold, odor, fumes, theft or burglary and access to marijuana by children, the City Council directed staff to present an ordinance adopting residential cultivation and processing restrictions. This ordinance adopts the following restrictions on marijuana cultivation, drying, processing and manufacturing in residential dwellings: CAF — Marijuana Residential Grows June 9, 2014 Page 2 enclosed locked s • The use must be conducted m an ace within the dwelling; may not be p located in an accessory structure. • The use must be incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. • The use may only be conducted by a person who resides in the dwelling. • The total area used may not exceed 25% of the gross floor area of the dwelling unit. This is the maximum floor area permitted for a home occupation. • The use cannot generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in any residential zone district. • There cannot be any visible evidence of the activity from any property line. • The use of compressed, flammable gas for processing marijuana is prohibited. • The City's building regulations in Chapter 5 are cross - referenced and the legal requirement to comply with such regulations if any electrical, mechanical, plumbing or other systems are installed or modified is emphasized. The ordinance also prohibits the co- location of "personal" grows on commercial properties (an unregulated and unlicensed communal garden of personal inventory) by prohibiting cultivation and manufacturing activities on commercial properties unless conducted by properly- licensed retail or medical marijuana businesses. The ordinance also requires primary care - givers to acknowledge these restrictions in their license applications. PRIOR ACTION: At its May 19, 2014 study session, the City Council reviewed a number of policy questions related to marijuana- related activities. Staff proposed that language be added to the Code to address residential cultivation and manufacturing activities as applied to personal grows and primary care - givers. The Council directed staff to prepare such an ordinance for consideration. The Planning Commission is scheduled to conduct a hearing on the ordinance on June 19 and formulate its recommendation, to be forwarded to the Council prior to Council's second reading of the ordinance. FINANCIAL IMPACT: Little direct financial impact to the City is projected, as the activities regulated by the ordinance are residential and not commercial. City law enforcement and code enforcement resources could face an increased demand if the regulations result in more complaints about residential cultivation activities. BACKGROUND: Under Section 14 of Article XVIII of the Colorado Constitution ( "Amendment 20 "), individuals with debilitating medical conditions and their "primary care - givers," as further defined therein, are provided defenses to (or exceptions from) criminal prosecution for the possession, production and use or medical marijuana. Amendment 20 authorizes such individuals to possess up to six marijuana plants, with three or fewer being mature flowering plants that are producing a usable CAF — Marijuana Residential Grows June 9, 2014 Page 3 form of marijuana, with an allowance for an individual to Possess more than six if necessary t adequately treat the patient's debilitating medical condition. a I move to postpone indefinitely the ordinance amending Chapters 26 and I I of the Wheat Ridge Code of Laws • the addition of new section 26-639 concerning marijuana and amending paragraph 11 -3 21 (b)(8) concerning applications for primary care-giver licenses, for the following reason(s) V It _U Cartnen Beery, City Attorney's Office Patrick Goff, City Manager "mm"IMIM 1�1111410*111� CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 26 Ordinance No. Series 2014 IIIIIIIIIIIIIIIIi7l.wEREAS, if such activitv-is-,vr& vi* ! Er - I — mow I MWIM all 1:1 MAN I I V-141 I I aR I I I rZE Rdligaims Oni Bit - Attachment 1 WHEREAS, City Council desires to regulate marijuana cultivation, processing and growing activities within residential dwelling units. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY *F WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new section 26-639, to read in its entirety as follows: N There shall be no visible evidence from any property line that su use is occurring within the dwelling. i 7. The use of compressed, flammable gas as a solvent in t extraction of THC or other cannabinoids is prohibited. I 8. The installation or modification of any electrical, p b g o o pe o o ed o o o d mechanicl luminr any ther tyf system r fixture relat t the u shall comply with all applicable provisins f the City's buili I regulations as set forth in Chapter 5 of this Code. C. Except as provided for in Articles XII and XIII of Chapter I I of this code, cultivation, drying, processing, manufacture and storage of marijuana may not occur in any non-residential structure. Section 2. Paragraph 11-321(b)(8) of the Wheat Ridge Code of Laws hereby amended as follows: I (8) A statement by the applicant acknowledging that the provisions in chapter 26 of this code concerning MARIJUANA APPLY to the activities of a primary care-giver; and 0 SIGNED by the Mayor on this - day of 2014. Ufflafts Janelle Shaver, City Clerk Ler7m. 5 3 = First Publication: Second Publication: Wheat Ridge Transcript Effective Date: El City of LAND USE APPLICATION FORM W heat 1 , , rdlg et Q...)t.rm.t, NiTY DEvfto mft Na Case No, OA1484 Date Received 516I2014 Refaced Cases Case Planner Johnstone Case DescriptiorAn ordnance amending chapter 26 and chapter 11 of the wheat ruige code of laws by the addition of new, section 26.639 concerning ;mari(uana and amending paragraph 11.321(bj(8) concerning applications for primary care-giver licenses ,� ..a�^tlnfaQx.�lir Nardi CityofheatRidge Name Phone a (3f13j 235-2846 ( Address 7560lN, 29th Ave. City ;Wheat Ridge ,. State CD ;8pt33 aw efIMIO VOtA r ... .......:r ,.. . Name Name '. Phone . Address , City State .P, �c+�u`,�cf lsrJ`r�rxs�rfriarr fle Pre-App [late Nedibothood Meeting Date � App No Review Type Review Body Review Date Disposition Comments Report PublicNeam. PC 6t1sA2(714:; ,._.,., 77 4 Public Haarrrrg CC C 6/23 14! a First Reading CC 619f2D14 . ..._. _ , .... _�„ .,.... „, ..� ..... .......... ..... ..� ... .,.._. ...., w... ,.., .......,,, Case Disposition l � Disposition Date . Conditions of Approval Notes Status ' Open Res # Did # ... _.... _,.._. _ . _,. Storage: