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Home My WebLink AboutZOA-14-05City Council Minutes June 23, 2014 Page 3 PUBLIC HEARING AND ORDINANCES ON SECOND READING 1 Council Bill No 05 -2014 — amending Sections 11 -305, 11 -416 and 26 -204 of the Wheat Ridge Code of Laws to Prohibit the location of Medical Marijuana- Infused Products Manufacturers and Retail Marijuana Products Manufacturers in the C -1 Zone District to impose distance requirements between such Manufacturers and certain specified Land Uses, to harmonize other distance requirements for Retail and Medical Marijuana Establishments. and repealing the Temporary Moratorium of all City action relating to new Medical Marijuana- Infused Products Manufacturers and Retail Marijuana Products Manufacturers' applications Councilmember DiTullio introduced Council Bill No. 05 -2014 This ordinance sets separation requirements for medical marijuana- infused products manufacturers WIP s) and retail marijuana products manufacturers. These requirements rnirror the requirements that already exist for medical and retail marijuana stores that sell to the public. Primary distance restrictions are: May not locate within 1,000 feet of a school, residential child care facility. alcohol or drug treatment facility May not locate within one - quarter (114) mile of any other marijuana product manufacturer Mayor Jay opened the public hearing Mayor Jay swore in City Attorney Gerald Dahl for the staff report Mr Dahl noted the Council has had a number of study sessions on this issue. He summarized how this ordnance incorporates marijuana- infused products manufacturers and retail marijuana products manufacturers into the City's regulatory scheme, primarily by where they are allowed and how they are spaced He noted, Medical marijuana - infused products manufacturers and retail marijuana products manufacturers will no longer be allowed in C -1 (Commercial) zone districts. They can only locate in I -E (Industrial) zones. Dual location is permitted. Distances will be measured 'property line to property line -- similar to the way distances are measured for retail liquor stores Clerk Shaver assigned Ordinance 1550. There were no questions from Council and no one from the public was present to speak. Mayor Jay closed the public hearing. Mayor Jay reopened the public hearing for the purpose of the reading of a letter City Council Minutes June 23, 2014 Page 4 CoUncilmember Wooden read a lefter from residents Kelly and Nora Brooks expressing their grave concern about the addition into the community of yet another temptation for children. They don't understand rolling out the red carpet for marijuana when our major neighbors are banning it We will become a go -to destination for marijuana while we're trying to market our City as a great place to raise a family. They urged reassessment of prior decisions and a willingness to make changes - to protect our kids Mayor Jay closed the public hearing. Motion by Councilmember DiTullio to approve Council Bill No 05 -2014. an ordinance amending sections 11 -305, 11 -416 and 26 -204 of the Wheat Ridge Code of Laws to prohibit the location of medical marijuana - infused products manufacturers and retail marijuana products manufacturers in the C -1 zone district, to impose distance requirements between such manufacturers and certain specified land uses, to harmonize other distance requirements for retail and medical marijuana establishments, and repealing the temporary moratorium on all City action relating to new medical marijuana- infused products manufacturers and retail marijuana products manufacturers applications, on second reading, and that it take effect on July 1, 2014. seconded by Councilmember Davis, COUncilmembers gave their opinions aboi.it the ordinance. Motion carried 7 -1, with Councilmember Fitzgerald voting no 2 Council Bill No 06 -2014 - 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 Councilmember Starker introduced Council Bill No 05 -2014. This ordinance adopts various safety - oriented restrictions on the cultivation, drying, processing and manufacturing of marijuana in residential dwellings, prohibits personal °grows " on commercial properties without proper licensing and requires primary care- givers to acknowledge these restrictions on their license applications Mayor Jay opened the public hearing. Clerk Shaver assigned Ordinance 1551 Mayor Jay swore in City Attorney Gerald Dahl for the staff report Mr. Dahl explained these are legitimate restrictions that can be placed on personal grows for public safety purposes. The personal grow aspect of the marijuana industry is Kenneth Johnstone From: Sent: esday, June 24, 20i4 AM To: Iunneth Johnstone Subject: City Council - 6-23-14 - Residential MJ Cultivation - Starker introduction, Dahl staff report, Ordinance 1551 DiTullio, clarified compressed natural gas is prohibited, Dahl and Brennan responded Langworthy, odors Starker motion, DiTullio 2nd, 8-0 - Dwarf Goats, Langworthy introduction and motion, DiTullio second, 8-0 zmm�� City of Wheat jge ITEM NO: DATE: June 23, 2014 REQUEST FOR CITY COUNCIL ACTION Q _ id TITLE: COUNCIL BILL NO. 05 -2014 - AN ORDINANCE AMENDING SECTIONS 11 -305, 11 -416 AND 26 -204 OF THE WHEAT RIDGE CODE OF LAWS TO PROHIBIT THE LOCATION OF MEDICAL MARIJUANA - INFUSED PRODUCTS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS IN THE C -1 ZONE DISTRICT; TO IMPOSE DISTANCE REQUIREMENTS BETWEEN SUCH MANUFACTURERS AND CERTAIN SPECIFIED LAND USES; TO HARMONIZE OTHER DISTANCE REQUIREMENTS FOR RETAIL AND MEDICAL MARIJUANA ESTABLISHMENTS; AND REPEALING THE TEMPORARY MORATORIUM ON ALL CITY ACTION RELATING TO NEW MEDICAL MARIJUANA- INFUSED PRODUCTS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS' APPLICATIONS ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (06/09/2014) ❑ BIDS /MOTIONS ® ORDINANCES FOR 2 ND READING (06/23/2014) ❑ RESOLUTIONS QUASI- JUDICIAL: ❑ YES 00 • City Attorney City Manager ISSUE: The City Code currently imposes separation requirements that prohibit medical marijuana centers and retail marijuana stores (those facilities that may sell marijuana and marijuana products to the public) from locating within 1,000 feet of a school, residential child care facility, alcohol or drug treatment facility or the principal campus of a college, university, or seminary. Existing separation requirements further prohibit medical marijuana centers from locating within three- quarters of a mile of another medical marijuana center. Retail marijuana stores are CAF — MJ Infused Products June 23, 2014 Page 2 prohibited from locating within three- quarters of a mile of another retail marijuana store or of a medical marijuana center, unless the retail store and medical marijuana center are being operated as a dual retail business. This ordinance imposes similar separation requirements on medical marijuana - infused products manufacturers and retail marijuana products manufacturers. The ordinance also harmonizes the separation requirements set forth in the City's retail marijuana regulations and medical marijuana regulations to remedy minor inconsistencies. Finally, the ordinance eliminates the authorization for medical marijuana - infused products manufacturers and retail marijuana products manufacturers to locate in the C -1 zone district, leaving the I -E zone district as the only zone district in which manufacturers could locate in the future. The substance of these amendments is as follows: 1. Manufacturers (both retail and medical marijuana) may not locate within 1,000 feet of a school, residential child care facility, alcohol or drug treatment facility or the principal campus of a college, university, or seminary. 2. Manufacturers may not locate within one - quarter (1/4) mile of any other marijuana product manufacturer (retail or medical) unless a retail marijuana products manufacturer and medical marijuana- infused product manufacturer are operating as a dual manufacturing business. 3. Language is added to restrict medical marijuana centers from locating within 3 / of a retail marijuana store to mirror the converse restriction that is currently in place (retail stores may not locate within 3 / of a mile of a medical marijuana center). 4. Language is added to the medical marijuana regulations to state how distances will be measured, as is done in the retail marijuana regulations. 5. The manner of measuring between marijuana businesses (from property line to property line) is clarified. 6. The Community Development Director is designated as the party responsible for determining pedestrian routes to eliminate possible ambiguity when multiple routes are available. 7. The Table of Uses for Commercial and Industrial zone districts in the zoning code (Chapter 26) is amended to eliminate medical marijuana - infused products manufacturers and retail marijuana products manufacturers as permitted uses in the C -I zone district. The current moratorium on all City action related to new applications for medical marijuana - infused products manufacturers and retail marijuana products manufacturers is scheduled to expire on July 27. This ordinance would become effective on July 1 and would repeal the current moratorium as of July 1 S ` PRIOR ACTION: At the April 28, 2014 City Council meeting, the Council approved an emergency ordinance enacting a 90 -day moratorium on the acceptance and processing of new applications for marijuana infused products (MIP) manufacturing licenses, permits, land use approvals, etc. The stated purpose of the moratorium was to give the Council an opportunity to review and evaluate CAF — MJ Infused Products June 23, 2014 Page 3 the City's existing regulations governing MIPs in relation to locational requirements, potential land use impacts and zoning issues generally. At its May 19, 2014 study session, the City Council reviewed the issues and discussed regulato options. Consensus was reached to direct co:%it + M bove. The Planning Commission is scheduled to conduct a hearing on the ordinance on June I 91h and formulate its recommendation on the ordinance, to be forwarded to the Council prior to Council's second reading of the ordinance. Limiting the available locations at which future MIPs may be located necessarily limits the number of MIN that may locate within the City and the attendant jobs such businesses may create. The City does not tax the transactions that may occur at MIPs. Sales of marijuana to MIN for use as an ingredient in their manufactured products may be subject to the state's excise tax; those sales are not subject to state or local sales tax. CAF - MJ Infused Products June 23, 2014 Page 4 RECOMMENDATIQN gecol(d readine. REPORT PREPARED AL I Carmen Beery, City Attorney's Office AwmAuktinistone- Communit� y Development Director Patrick Goff, City Manager ATTAC TS: 1, Council Bill No. 95-2014 2, City map illustrating the proposed MIP regulatory environment 3. City map illustrating the existing regulatory environment for all marijuana businesses CITY OF WHEAT RIDGE, COLORADO !NTRODUCED BY COUNCIL MEMBER DiTulllo Council Bill No. 05 Ordinance No. Series 2014 WHEREAS, pursuant to the authority granted by Section 16, Article XV111 of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, R Council previously adopted local regulations governing retail marijuana establishments, including retail marijuana products manufacturers; and WHEREAS, on April 28, 2014, the Council adopted Ordinance No. 1546, Series 2014, imposing a ninety-day moratorium on the submission, acceptance, processing and approval of all new applications for medical marijuana-infused products manufacturers and retail marijuana products manufacturers; and Attachment 1 WHEREAS, the Council has completed its review and finds that marijuana product manufacturers are more similar to and more compatible with other uses permitted in the I-E zone district than in the C-1 zone district; and WHEREAS, as such, the Council finds that marijuana products manufacturers have a higher likelihood of being the victim of burglary and larceny than other mPnufacturers and may pose a higher risk of facilitating other unlawful activity through inventory leakage, careless disposal of excess product, and WHEREAS, the Council therefore finds that it is necessary and desirable impose a minimum distance requirement between marijuana products manufacturers, the interests of minimizing the potential concentration of criminal activity that may attendant to such facilities, and N NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. E!nq!M. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Section 11-305 of the Code, concerning prohibited locations of medical marijuana establishments, is hereby amended as follows: (a) Except as provided in subsection (fG) of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of this section. 0 Section 3. Section 11-416 of the Code, concerning prohibited locations of retail ,narijuana establishments, is hereby amended as follows: (a) Except as provided in subsection (@H) of this section, no retail marijuana establishment shall be located at a location that does not conform to the requirements of this section. 0 PERIMETER • THE PARCEL UPON WHICH THE EXISTING i RETAIL MARIJUANA PRODUCTS MANUFACTURER OR MEDICAL MARIJUANA-INFUSED PRODUCT MANUFA n CTURER IS LOCATED. Stction 4. The following rows within the Table of Uses for Commercial a Industrial zone districts, as set forth in Section #4• the Code, are hereby amend as follows: I Uses NC — RC I-E Medical marijuana-infused R P roduct manufacturers etail marijuana products Re tail r ju pro cts ai i R P P factur rs anufacturers m anufacturers s — ection 6, Effectivg,L)ptp. This Ordinance shall become effective on July 2014, as authorized by Section 5.11 of the Wheat Ridge Home Rule Charter. I _Section 7- g, Ordinances Repeated. If any section, 1 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 M not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions • this Ordinance are hereby repealed. 91h INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 2 or. this 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 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to this _ day of SIGNED by the Mayor on this _ day of 2011 ATTEST: Janelle Shave , City Clerk LTJESM�� Gerald E. Dahl, City Attorney First Publication: June 12, 2014 Second Publication: Wheat Ridge Transcript Effective Date: Proposed Regulations for Marijuana Infused Product (MIP) Manufacturers This map shows the businesses and land uses related to the proposed regulations for marijuana infused product (MIP) manufacturers. Marijuana Related Businesses The map shows the locations of active or pending MIP manufacturers as of April 28, 2014. The grey buffers indicated the proposed one - quarter mile separation between MIP locations. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores and is proposed to also apply to MIP locations. This separation requirement is measured using a route of direct pedestrian access. Zoning Only one zone district is shown on the map: Industrial - Employment (I -E). Given the nature of MIP manufacturing, the regulations propose allowing this use only in the I -E zone district. 0 1,320 2640 3,960 5,260 Feet N State Plane Coordinate Projection Col do Central Zone Datum NAD83 Revised May 21, 2014 wtiacnmani Marijuana - related businesses that include MIP manufacturing One - quarter mile buffer ■ Schools (as of 4/28/14) Drug treatment (as of 4/28/14) Daycare (as of 4/28/14) I -E zone district City limits L.J 0 1,320 2640 3,960 5,260 Feet N State Plane Coordinate Projection Col do Central Zone Datum NAD83 Revised May 21, 2014 wtiacnmani r l� 0 • - • 0 3 0 44TH AVE 0 fit LL W a Lu w - J 4 IN 44TH AVE Ali - • (pending 1!, w LL 38TH AVE �i F t- ��l co uJ u_ rn a 32ND AVE 1 1 i 1 27TH AVE W heat Ridge City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 -8001 303234.5900 Data Sources City of Wheat Ridge. Jeff- Public Schools IMER NOTICE This is a pictorial representation of geographic and demographic information Reliance upon me accuracy, reliability and authority of the information is solely requester's responsibility . The City of Wheat Ridge, in Jefferson County, Colorado a political subdivision of the State of Colorado, has compiled for its use certain computerized information This information is available to assist in identifying general areas or concern only The computerized information provided should only be relied upon with corroboration of the methods assumptions and results by a qualified independent source The user of this information shall indemnity and hold free the City of Wheat Ridge from any and all liabilities, damages . lawsuits, and causes of action that result as a consequence of his reliance on information provided here. 41STAVE 26TH AVE w L) c) w 0 t 0 Z a a- Y w H 0 Z a- Y _J Z O d t7. non■ 1 I LAKESIDE j I 441 H AVE ' I 1 1140 iVTAIN VIE F 38TH AVE 38TH AVE i � J a do U) a1 z a- r w a J w � w! a TMEMO 32ND AVE ! 1 F F E R S O N COUNTY i i.�. ■�..�� 29TH AVE I 1 1 j t ... r• i _ I WE A ..r i I r _ ! EDGEWATER LAKEWOOD ' 20TH AVE Marijuana Related Businesses This map shows the businesses and land uses related to the City's existing marijuana regulations which are located in Chapter 11 of the Municipal code. Marijuana Related Businesses The map shows the locations of active or pending marijuana related businesses as of April 28, 2014. This includes retail centers /stores, marijuana infused product (MIP) manufacturers, cultivation facilities, and testing facilities. The specific types of businesses are identified on the map by the callout boxes. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores. This separation requirement is measured using a route of direct pedestrian access, and does not currently apply to MIP locations or marijuana testing centers. Zoning Only two zone districts are shown on this map. These include the Commercial -One (C -1) and Industrial - Employment (I -E) zone districts in which marijuana related businesses are considered permitted uses. ■ Marijuana A R V A D .� ■.� i.�..�..�.q i - MIP - Grow i ✓ L ila ■ Schools i Drug IJ 'r 52ND AVE 1 ! i 11•n�to� R IDGE RD ` �u�nt�•fl/uf�nfffft i 1 - Z •- o N ..�..� ■.� ■.a •vEl • 0 o 'v 2=62=50 m z 48TH AVE 0 • - • 0 3 0 44TH AVE 0 fit LL W a Lu w - J 4 IN 44TH AVE Ali - • (pending 1!, w LL 38TH AVE �i F t- ��l co uJ u_ rn a 32ND AVE 1 1 i 1 27TH AVE W heat Ridge City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 -8001 303234.5900 Data Sources City of Wheat Ridge. Jeff- Public Schools IMER NOTICE This is a pictorial representation of geographic and demographic information Reliance upon me accuracy, reliability and authority of the information is solely requester's responsibility . The City of Wheat Ridge, in Jefferson County, Colorado a political subdivision of the State of Colorado, has compiled for its use certain computerized information This information is available to assist in identifying general areas or concern only The computerized information provided should only be relied upon with corroboration of the methods assumptions and results by a qualified independent source The user of this information shall indemnity and hold free the City of Wheat Ridge from any and all liabilities, damages . lawsuits, and causes of action that result as a consequence of his reliance on information provided here. 41STAVE 26TH AVE w L) c) w 0 t 0 Z a a- Y w H 0 Z a- Y _J Z O d t7. non■ 1 I LAKESIDE j I 441 H AVE ' I 1 1140 iVTAIN VIE F 38TH AVE 38TH AVE i � J a do U) a1 z a- r w a J w � w! a TMEMO 32ND AVE ! 1 F F E R S O N COUNTY i i.�. ■�..�� 29TH AVE I 1 1 j t ... r• i _ I WE A ..r i I r _ ! EDGEWATER LAKEWOOD ' 20TH AVE Marijuana Related Businesses This map shows the businesses and land uses related to the City's existing marijuana regulations which are located in Chapter 11 of the Municipal code. Marijuana Related Businesses The map shows the locations of active or pending marijuana related businesses as of April 28, 2014. This includes retail centers /stores, marijuana infused product (MIP) manufacturers, cultivation facilities, and testing facilities. The specific types of businesses are identified on the map by the callout boxes. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores. This separation requirement is measured using a route of direct pedestrian access, and does not currently apply to MIP locations or marijuana testing centers. Zoning Only two zone districts are shown on this map. These include the Commercial -One (C -1) and Industrial - Employment (I -E) zone districts in which marijuana related businesses are considered permitted uses. ■ Marijuana - related business Business type is in callout box: - Store - MIP - Grow - Testing ■ Schools i Drug treatment Daycare C -1 zone district I -E zone district r - Ell L ■■.■! City limits 0 1,320 2,640 3.960 5,280 Feet N State Plane Coordinate Projection Colorado Central Zone Datum NAD83 Revised May 14, 2014 1 i, City of ITEM NO: DATE: June 9, 2014 \� ' REQUEST FOR CITY C Q OUNCIL ACTION r 40 TITLE: COUNCIL BILL NO. 05 -2014 - AN ORDINANCE AMENDING SECTIONS 11 -305, 11 -416 AND 26 -204 OF THE WHEAT RIDGE CODE OF LAWS TO PROHIBIT THE LOCATION OF MEDICAL MARIJUANA- INFUSED PRODUCTS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS IN THE C -1 ZONE DISTRICT; TO IMPOSE DISTANCE REQUIREMENTS BETWEEN SUCH MANUFACTURERS AND CERTAIN SPECIFIED LAND USES; TO HARMONIZE OTHER DISTANCE REQUIREMENTS FOR RETAIL AND MEDICAL MARIJUANA ESTABLISHMENTS; AND REPEALING THE TEMPORARY MORATORIUM ON ALL CITY ACTION RELATING TO NEW MEDICAL MARIJUANA PRODUCTS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS' APPLICATIONS ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (06/09/2014) ❑ BIDS /MOTIONS ❑ ORDINANCES FOR 2 READING (06/23/2014) ❑ RESOLUTIONS QUASI- JUDICIAL: ❑ YES .1 • City Attorney ISSUE: The City Code currently imposes separation requirements that prohibit medical marijuana centers and retail marijuana stores (those facilities that may sell marijuana and marijuana products to the public) from locating within 1,000 feet of a school, residential child care facility, alcohol or drug treatment facility or the principal campus of a college, university, or seminary. Existing separation requirements further prohibit medical marijuana centers from locating within three - quarters of a mile of another medical marijuana center. Retail marijuana stores are CAF — MJ Infused Products June 9, 2014 Page 2 prohibited from locating within three - quarters of a mile of another retail marijuana store or of a medical marijuana center, unless the retail store and medical marijuana center are being operated as a dual retail business. This ordinance imposes similar separation requirements on medical marijuana - infused products manufacturers and retail marijuana products manufacturers. The ordinance also harmonizes the separation requirements set forth in the City's retail marijuana regulations and medical marijuana regulations to remedy minor inconsistencies. Finally, the ordinance eliminates the authorization for medical marijuana - infused products manufacturers and retail marijuana products manufacturers to locate in the C -1 zone district, leaving the 1 -E zone district as the only zone district in which manufacturers could locate in the future. The substance of these amendments is as follows: 1. Manufacturers (both retail and medical marijuana) may not locate within 1,000 feet of a school, residential child care facility, alcohol or drug treatment facility or the principal campus of a college, university, or seminary. 2. Manufacturers may not locate within one - quarter (1/4) mile of any other marijuana product manufacturer (retail or medical) unless a retail marijuana products manufacturer and medical marijuana- infused product manufacturer are operating as a dual manufacturing business. 3. Language is added to restrict medical marijuana centers from locating within 3/ of a retail marijuana store to mirror the converse restriction that is currently in place (retail stores may not locate within 3/ of a mile of a medical marijuana center). 4. Language is added to the medical marijuana regulations to state how distances will be measured, as is done in the retail marijuana regulations. 5. The manner of measuring between marijuana businesses (from property line to property line) is clarified. 6. The Community Development Director is designated as the party responsible for determining pedestrian routes to eliminate possible ambiguity when multiple routes are available. 7. The Table of Uses for Commercial and Industrial zone districts in the zoning code (Chapter 26) is amended to eliminate medical marijuana - infused products manufacturers and retail marijuana products manufacturers as permitted uses in the C -1 zone district. The current moratorium on all City action related to new applications for medical marijuana - infused products manufacturers and retail marijuana products manufacturers is scheduled to expire on July 27. This ordinance would become effective on July 1 and would repeal the current moratorium as of July I" PRIOR ACTION: At the April 28, 2014 City Council meeting, the Council approved an emergency ordinance enacting a 90 -day moratorium on the acceptance and processing of new applications for marijuana infused products (MIP) manufacturing licenses, permits, land use approvals, etc. The stated purpose of the moratorium was to give the Council an opportunity to review and evaluate CAF — MJ Infused Products June 9, 2014 Page 3 the City's existing regulations governing MIN in relation to locational requirements, potential land use impacts and zoning issues generally. At its May 19, 2014 study session, the City Council reviewed the issues and discussed regulatory options. Consensus was reached to direct staff to --niam above. The Planning Commission is scheduled to conduct a hearing on the ordinance on June 19' and formulate its recommendation on the ordinance, to be forwarded to the Council prior to Council's second reading of the ordinance. CAF — MJ infused Products June 9, 2014 Page 4 REPORT PREPARED BY' Carmen Beery, City Attorney's Office Kenneth Johnstone, Community Development Direct Patrick Goff, City Manager I Q. ATTACHMELNI& 1. Council Bill No. Q5-2014 2. City map illustrating the proposed MIP regulatory environment 3. City map illustrating the existing regulatory environment for all marijuana businesses WHEREAS, the Council has completed its review and finds that marijuana product manufacturers are more similar to and more compatible with other uses permitted in the I-E zone district than in the C-1 zone district; and WHEREAS, as such, the Council finds that marijuana products manufacturers have a higher likelihood of being the victim of burglary and larceny than other manufacturers and may pose a higher risk of facilitating other unlawful activity through inventory leakage, careless disposal of excess product, etc.; and WHEREAS, the Council therefore finds that it is necessary and desirable • impose a minimum distance requirement between marijuana products manufacturers, the interests of minimizing the potential concentration • criminal activity that may attendant to such facilities and N NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Secti Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. • of oy_ concerning • s • -• locations of medical marijuana establishments, is hereby amended as follows: E SggtJ2Li, �,. Section 11-416 of the Code, concerning prohibited locations of retail marijuana establishments, is hereby amended as follows: • 0 . & (a) Except as provided in subsection • this section, • retail marijuana establishment shall be located at a location that does not conform to the requirements of this section. PERIMETER OF THE PARCEL UPON WHICH THE EXISTING RETAIL MARIJUANA PRODUCTS MANUFACTURER OR MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER IS LOCATED. (F) No person shall operate a retail marijuana cultivation facility withi the city unless the licensed premises of the person's ret] • marijuana cultivatin facility are contiguous with the licens premises of the person's retail marijuana store license and/or t person's retail marijuana products manufacturing license. (f G) Each retail marijuana establishment shall be operated from a permanent location. No retail marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. Spgtigg 4. The following rows within the Table of Uses for Commercial and Industrial zone districts, as set forth in Section 26-204 of the Code, are hereby amended as follows: SgqtjoLi, Effective, Date. This Ordinance shall become effective on July 1, 2014, as authorized by Section 5.11 of the Wheat Ridge Home Rule Charter. Section 7. Severabili!y, Conflicting Ordinances Regealed. If any section, subsection or clause • this Ordinance shall be deemed to be unconstitutional • otherwise invalid, the validity of the remaining sections, subsections and clauses shall 0 M mli_ _, • MUSLIM -1 lRe ail products 6t anufacturers m m nu ctu SgqtjoLi, Effective, Date. This Ordinance shall become effective on July 1, 2014, as authorized by Section 5.11 of the Wheat Ridge Home Rule Charter. Section 7. Severabili!y, Conflicting Ordinances Regealed. If any section, subsection or clause • this Ordinance shall be deemed to be unconstitutional • otherwise invalid, the validity of the remaining sections, subsections and clauses shall 0 not be affected thereby. All other ordinances • parts • ordinances in conflict with the 'trovisions of this Ordinance are hereby repealed. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 9th day of June, 2014, ordered published in full in a newspaper - R — gene circulation in the City of Wheat Ridge, and Public Hearing and consideration on fin passage set for June 23, 2014, at 7:00 pm., in the Council Chambers, 7500 West 21 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to this day of 2014. SIGNED by the Mayor on this dayof 201 i Mr NMI 1 IM zfflolm��i First Publication: Second Publication: Wheat Ridge Transcript 'Effective Date: j ARVADA i 4� i L L ! 52ND AVE i = o M i 0 o r � > N 44TH AVE rlo §W I %mod � - I U) 0 J _w LL 0 Z D O a 1 i 11111141411 27TH AVE RIDG ?'D 48TH a 38TH AVE LL Q rn a w . J _J 44TH AVE DISCLAIMER NOTICE This is e loclonel represeotanen of geographic and demographic ,it— non Reliance r•10 the +c—ey, relawlity and authority, of this mlormanon s acs* requesters —p— baity. The City of Wheat Ridge, in W heat Pdge Jefferson County, Colorado - a Political sub6v sion of the Slate of Cdoredo, has oohed for its use certain computerized information. TMs information is available to City of Wheat Ridge, Colorado asst n identilyrig general seas of Corr only The computerized inlonnabon provided should only be relied 7500 West 29th Avenue won with conaboratwn of the melhods assumptions, and Wheat Ridge, CO 80033 -8001 re-ft by a Qualified ndepende mute Tte user of w,: ill —Don shall indemnify and tsotl tree the Q* of Wheat 303.234.5900 Ridge tiom an and all rawlrties, di naget, a—do and causes of action that resWt as a consequence of hs Data Sources City of Wheat Ridge, Jetfco Public Schools reliance on information pr—did he 26TH AVE w -- H CJ - � W U p z Z Z o CO a L1 ' Q � Y • � U' L LAKEWOOD 41ST AVE �- r --; -- --+ ► i- L 48TH rR1_ 0 m 38TH AVE fir- y 0 JEFFERSON COUNTY G i LAKESIDE i i 44TH AVE MOUNTAIN VIEW sow 1 H rn w a C 32ND AVE i> go 38TH AVE o; J r mi Z 0! < WI a = U51 29TH AVE EDGEWATER i s ..... - ._ .. - r .� ... A Attachment 2 Proposed Regulations for Marijuana Infused Product (MIP) Manufacturers This map shows the businesses and land uses related to the proposed regulations for marijuana infused product (MIP) manufacturers. Marijuana Related Businesses The map shows the locations of active or pending MIP manufacturers as of April 28, 2014. The grey buffers indicated the proposed one - quarter mile separation between MIP locations. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores and is proposed to also apply to MIP locations. This separation requirement is measured using a route of direct pedestrian access. Zoning Only one zone district is shown on the map: Industrial - Employment (I -E). Given the nature of MIP manufacturing, the regulations propose allowing this use only in the I -E zone district. ■ Marijuana - related businesses that include MIP manufacturing ■ One - quarter mile buffer . Schools (as of 4/28/14) ■ Drug treatment (as of 4/28/14) ■ Daycare (as of 4/28/14) I -E zone district �nla' City limits 0 1,320 2,640 3,860 5280 Feel N State Plane Coordinate Projection Colorado Central Zone Datum NAD83 Revised May 21, 2014 (n U LL Z Z rn a� ,_, 32ND AVE Y , 46TH AVE i' co O St ore/Grow U Lu . fn 3 rn a 0!! w O J 44TH AVE 44TH AVE t• ■�•••'Zlr Ifk • i i - • (pending 1 b; 38TH AVE } DISCLAIMER NOTICE: I t Business type is in callout box: I - - -- A R V A D A .■.� �a..�•.. i L rebabilgy and auth.ny o1 dis information rs solely .,. W heat Pill }fie J L� State of Colorado, has compiled for as use certain ■ 52ND � ! _ = 1• n�■•� RIDGE RD 7500 West 29th Avenue a Wheat Ridge, CO 80033 -8001 results by a gnalihed Independent source The user of this � 1 U.Ii Ridge horn any and ell liabilities, damages. 1e.vsuas, and ►- i Ito 32ND AVE Data Sources. City of Wheat Ridge, Jetico Public Schools z M E 0 m x � � 1 r eam•■ Z , 46TH AVE i' co O St ore/Grow U Lu . fn 3 rn a 0!! w O J 44TH AVE 44TH AVE t• ■�•••'Zlr Ifk • i i - • (pending 1 b; 38TH AVE } JEFFERSON COUNTY 29711 AVE s a 41 ST AVE a 3 f s 38TH AVE U F— Z z a Y •�•w ■■�••i ■Ni•■I•■M NON L...i �. LAKESIDE j I 44TH AVE —� 1 MOUNTAIN VIE J r m x Q 38TH AVE i N p� En Q J z' w a o� Of wI U.) a 32ND AVE Marijuana Related Businesses This map shows the businesses and land uses related to the City's existing marijuana regulations which are located in Chapter 11 of the Municipal code. Marijuana Related Businesses The map shows the locations of active or pending marijuana related businesses as of April 28, 2014. This includes retail centers /stores, marijuana infused product (MIP) manufacturers, cultivation facilities, and testing facilities. The specific types of businesses are identified on the map by the callout boxes. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores. This separation requirement is measured using a route of direct pedestrian access, and does not currently apply to MIP locations or marijuana testing centers. Zoning Only two zone districts are shown on this map. These include the Commercial -One (C -1) and Industrial - Employment (I -E) zone districts in which marijuana related businesses are considered permitted uses. DISCLAIMER NOTICE: I t Business type is in callout box: This is a Pictonal representation of geographic and -� demographic Information Reliance upon the accuracy, rebabilgy and auth.ny o1 dis information rs solely .,. W heat Pill }fie w L� State of Colorado, has compiled for as use certain ■ LL City of Wheat Ridge, Colorado assist in Identry.g general sreas of concern qtly The 7500 West 29th Avenue a Wheat Ridge, CO 80033 -8001 results by a gnalihed Independent source The user of this U) information shalt indemnity and hold free the Cry of Wheat U.Ii Ridge horn any and ell liabilities, damages. 1e.vsuas, and I 32ND AVE Data Sources. City of Wheat Ridge, Jetico Public Schools '�•N•. ■� ■ ■sN�Ni.1r• ■�N�N�••�. x � � 1 { 1 I 27TH AVE JEFFERSON COUNTY 29711 AVE s a 41 ST AVE a 3 f s 38TH AVE U F— Z z a Y •�•w ■■�••i ■Ni•■I•■M NON L...i �. LAKESIDE j I 44TH AVE —� 1 MOUNTAIN VIE J r m x Q 38TH AVE i N p� En Q J z' w a o� Of wI U.) a 32ND AVE Marijuana Related Businesses This map shows the businesses and land uses related to the City's existing marijuana regulations which are located in Chapter 11 of the Municipal code. Marijuana Related Businesses The map shows the locations of active or pending marijuana related businesses as of April 28, 2014. This includes retail centers /stores, marijuana infused product (MIP) manufacturers, cultivation facilities, and testing facilities. The specific types of businesses are identified on the map by the callout boxes. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores. This separation requirement is measured using a route of direct pedestrian access, and does not currently apply to MIP locations or marijuana testing centers. Zoning Only two zone districts are shown on this map. These include the Commercial -One (C -1) and Industrial - Employment (I -E) zone districts in which marijuana related businesses are considered permitted uses. DISCLAIMER NOTICE: I t Business type is in callout box: This is a Pictonal representation of geographic and -� demographic Information Reliance upon the accuracy, rebabilgy and auth.ny o1 dis information rs solely .,. W heat Pill }fie requestor's responsibility The City of Wheat Ridge, Jefferson Coumy, Colorado - a polibcal stbdN on of the L� State of Colorado, has compiled for as use certain ■ compulenzed information This rnf r bon is evadable to City of Wheat Ridge, Colorado assist in Identry.g general sreas of concern qtly The 7500 West 29th Avenue computerized reformation p, on d shoWd orgy be rehed upon Will, conobo ation of the methods. assumpbons, and Wheat Ridge, CO 80033 -8001 results by a gnalihed Independent source The user of this 303.234.5900 information shalt indemnity and hold free the Cry of Wheat U.Ii Ridge horn any and ell liabilities, damages. 1e.vsuas, and I rouses o1 acbon that result as a conseprence of his Data Sources. City of Wheat Ridge, Jetico Public Schools reliance on information provided herein JEFFERSON COUNTY 29711 AVE s a 41 ST AVE a 3 f s 38TH AVE U F— Z z a Y •�•w ■■�••i ■Ni•■I•■M NON L...i �. LAKESIDE j I 44TH AVE —� 1 MOUNTAIN VIE J r m x Q 38TH AVE i N p� En Q J z' w a o� Of wI U.) a 32ND AVE Marijuana Related Businesses This map shows the businesses and land uses related to the City's existing marijuana regulations which are located in Chapter 11 of the Municipal code. Marijuana Related Businesses The map shows the locations of active or pending marijuana related businesses as of April 28, 2014. This includes retail centers /stores, marijuana infused product (MIP) manufacturers, cultivation facilities, and testing facilities. The specific types of businesses are identified on the map by the callout boxes. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores. This separation requirement is measured using a route of direct pedestrian access, and does not currently apply to MIP locations or marijuana testing centers. Zoning Only two zone districts are shown on this map. These include the Commercial -One (C -1) and Industrial - Employment (I -E) zone districts in which marijuana related businesses are considered permitted uses. 0 1,320 2,640 3,960 5260 Feet N State Plane Coordinate Projection Colorado Central Zone Datum NAD83 Revised May 14, 2014 Marijuana - related business Business type is in callout box: - Store - MIP - Grow - Testing ■ Schools ■ Drug treatment ■ Daycare . C -1 zone district ■ I -E zone district U.Ii City limits 0 1,320 2,640 3,960 5260 Feet N State Plane Coordinate Projection Colorado Central Zone Datum NAD83 Revised May 14, 2014 Commissioner BUCKNAM clarified this ordinance would only regulate distances between MIP's and not restrict the location of any testing facilities. Mr. Johnstone concurred. Commissioner WEAVER asked if there was any consideration for odor. Mr. Johnstone stated there is and that is one of the motivations behind the proposal to classify these businesses as a hazardous occupancy under the building code as it will require different air handling and mechanical systems. Commissioner TIMMS asked if the C- I zone district is the City's most permissive commercial zone district. Mr. Johnstone replied yes, commercial in the sense of retail/office and light industrial. C-2 is more permissive but there is very little C-2 zoning. The I-E district allows more traditional industrial uses. Commissioner TIMMS asked if the map in the packet with the three circled areas are zoned C -1. Mr. Johnstone stated at least one of them is zoned I-E. The two MIP's that are in the C- I district would become legal non - conforming uses. Commissioner TIMMS asked what triggered the emergency moratorium. Mr. Johnstone stated there was additional interest in these types of uses. Commissioner OHM asked why the map shows the pending manufacturer case no. WZ- 14-04 located at 3924-4096 Youngfield St. Mr, Johnstone stated that is a testing facility which is a separate use class at both the state and local level. They would not be doing any manufacturing, it is strictly testing. In response to Chair BRINKMAN's questions Mr. Johnstone stated the 1000-foot separation from schools, daycares, etc. is measured by the most direct pedestrian route, Chair Brinkman asked if schools in other cities are considered. Mr. Johnstone stated yes. Chair Brinkman closed the public hearing as there was no one in the audience to speak. Motion carried 6-0. CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION The Proposed ordinance is available in electronic form on the City's official website, Www.ci-Whi-.ntrjda,, co us , Legal Notices. Copies are also available in printed forn, in the Community Development Department. Published: Wheat Ridge Transcript, June 5, 2014 MEM Kim Assistant Manufacture of Marijuana Infused Products • The second ordinance pertains to the manufacturing of Marijuana Infused Products or 'MIPS • A moratorium was adopted by City Council on April 28 on all new applications for IPS., pending applications were exempted from the moratorium • MIPS are currently allowed in I/E and C-1 zone districts and are NOT subject to any of the separation requirements that currently apply to retail marijuana stores, whether they be for medical or recreational marijuana • Proposed ordinance has been preliminarily reviewed by CC at a study session • Ordinance proposes several changes to the locational requirements for both medical and recreational MIP manufacturing: o Restricts any new locations in C- I zone districts, so only I/ E, with the thinking * This ordinance is also scheduled for CC public hearing on June 23 Kenneth Johnston e From: Kenneth Johnstone Sent: Friday, June 20, 2014 8:12 AM To: Kenneth Johnstone Subject: PC Meeting - 6-19-14 0 - MJ Cultivation - Residential - Timms motion, Alan 2nd, 6-0 - MIPs - Bucknam motion, Weaver 2nd, 6-0 IMMEMMIM PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT ZOA-14-05 / Manufacturing of Mar%uana Infused Products (MlPs) 1 provisions were adopted separately (in 2011 and 2013 respectively), the ordinance also includes clean up provisions to clarify existing regulations. The substance of the proposed amendments is as follows: The current moratorium on all City action related to new applications for medical marijuana - infused products manufacturers and retail marijuana products manufacturers that was adopted by City Council on April 28 is scheduled to expire on July 27. This ordinance would become effective on July I and would repeal the current moratorium as of July 1. Recently, citizens and elected officials have raised the policy question of whether additional classes of marijuana related businesses, specifically MIN, should be subject to additional separation requirements, as is the case for retail and medical marijuana related stores. As a result of these inquiries, the City Council adopted a ternporary moratorium on new MIP applications to permit the ZOA- 14-05 / Manufacturing of Marijuana Infused Products (MIPs) At its May 19, 2014 study session, the City Council reviewed the issues and discussed regulatory options. Consensus was reached to direct staff to prepare an ordinance containing the items listed above. 9 " Of Oki Exhibits: 1. Proposed Ordinance 2. City map illustrating the proposed MIP regulatory environment ZOA-14-05 / Manufacturing of Marijuana Infused Products (MIPs) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 05 Ordinance No. Series 2014 M NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: lo" F Atilt.vt. * ] 2-:40MIR-mola 10114 INJIM01 a - A Section 2. Section 11-305 of the Code, concerning prohibited locations of ,nedical marijuana establishments, is hereby amended as follows: M ! • (a) Except as provided in subsection (fG) of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of this section. (e F) Each medical marijuana establishment shall be operated from a permanent location. Except as permitted by the Medical Marijuana Code, no medical marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. Section 3. Section 11-416 of the Code, concerning prohibited locations of retail marijuana establishments, is hereby amended as follows: (a) Except as provided in subsection (gH) of this section, no retail marijuana establishment shall be located at a location that does not conform to the requirements of this section. 0 m . , A PERIMETER OF THE PARCEL UPON WHICH THE EXISTING RETAIL MARIJUANA PRODUCTS MANUFACTURER OR MEDICAL MARIJUANA-IN FUSED PRODUCT MANUFACTURER IS LOCATED. (F) No person shall operate a retail marijuana cultivation facility within the city unless the licensed premises of the person's retail marijuana cultivation facility are contiguous with the licensed premises of the person's retail marijuana store license and/or the person's retail marijuana products manufacturing license. (f G) Each retail marijuana establishment shall be operated from a permanent location. No retail marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. Section 4. The following rows within the Table of Uses for Commercial and Industrial zone districts, as set forth in Section 26-204 • the Code, are hereby amended as follows: Uses NC RC C-1 C-2 I-E Medical marijuana-infused R P roduct manufacturers Retail marijuana products P manufacturers Section 6. Effective Date. This Ordinance shall become effective on July 1, 2014, as authorized • Section 5.11 of the Wheat Ridge Home Rule Charter. Sggtion 7. Severability, Conflictinq Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or *therwise 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 • this Ordinance are hereby repealed. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 9 th day of June, 2014, ordered published in full in a newspaper - R — 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. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of — to —, this day of 2014. SIGNED by the Mayor on this day of 2014. M. = 51:01 11 IMIMM First Publication: Second Publication: Wheat Ridge Transcript Effective Date: T i 0 cc 0 L 'oJ 0 7 0 F 44TH AVE tolmns ��.a� . w LL Ir a 4 4151 AV it�n�n�u�nt�n1 >> i J . W LL r 38TH AVE 3$TH AVE i Z 38TH AVE D 01 r ° Q F- m l V) ai F W Q 0- Cn - Cn F F O W u_ c a z a 1 up. U) 32ND Y ��n�u�nl>•n�a. AVE AV . n ru�u�n�u� .u.a.alna.maamoom.. =aama.ma.� 32ND AVE 1 ` 29fHAVE 1 , 1 � = JEFFERSON COUNTY i 4 *osogamesasgi so mesa i or 27TH AVE - tl - — �...u..a.u.a................ �a��a�l� �u�u�a� soono same*111 KIM Nominal � 26TH AVE I � I I--� - ? ARVADA E D G E W A T E R DISCLAIMER NOTICE This is pictorial representation of geographic and de Reliance upon the accuracy. og aphis information rel,adldy and authority of this information is solely ; I I 1 ! =L ! ! ! uau 52ND AVE =aat�um..m..li ! ! i i 7.aamo Ri pGE Jefferson County . Colorado a political subibysion of the i � 1 as hL; ) a 1 .Maama.ma.l1 1 o � 0 ED - 11=11W 0 z 0 cc 0 L 'oJ 0 7 0 F 44TH AVE tolmns ��.a� . w LL Ir a 4 4151 AV it�n�n�u�nt�n1 >> i J . W LL r 38TH AVE 3$TH AVE i Z 38TH AVE D 01 r ° Q F- m l V) ai F W Q 0- Cn - Cn F F O W u_ c a z a 1 up. U) 32ND Y ��n�u�nl>•n�a. AVE AV . n ru�u�n�u� .u.a.alna.maamoom.. =aama.ma.� 32ND AVE 1 ` 29fHAVE 1 , 1 � = JEFFERSON COUNTY i 4 *osogamesasgi so mesa i or 27TH AVE - tl - — �...u..a.u.a................ �a��a�l� �u�u�a� soono same*111 KIM Nominal � 26TH AVE Proposed Regulations for Marijuana Infused Product (MIP) Manufacturers This map shows the businesses and land uses related to the proposed regulations for marijuana infused product (MIP) manufacturers. Marijuana Related Businesses The map shows the locations of active or pending MIP manufacturers as of April 28, 2014. The grey buffers indicated the proposed one - quarter mile separation between MIP locations. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana centers /stores and is proposed to also apply to MIP locations. This separation requirement is measured using a route of direct pedestrian access. Zoning Only one zone district is shown on the map'. Industrial - Employment (I -E). Given the nature of MIP manufacturing, the regulations propose allowing this use only in the I -E zone district. Marijuana- related businesses that include MIP manufacturing One - quarter mile buffer Schools (as of 4/28/14) Drug treatment (as of 4/28/14) Daycare (as of 4/28/14) I -E zone district 1 - -goo'1 City limits 0 025 05 075 t Miles N State Plane Coordinate Projection Colorado Central Zone Datum NAD83 I � I I--� - ? � f' E D G E W A T E R DISCLAIMER NOTICE This is pictorial representation of geographic and de Reliance upon the accuracy. og aphis information rel,adldy and authority of this information is solely ; I I requesta's respornatliy The Cry 1 Wheat Ridge. n 1 � r j _ _.. _ i ,\ Jefferson County . Colorado a political subibysion of the i State of Colorado has compiled 1 its use certain computerized inform Th - f. matron is avadaele to t assist n identifying general as of concern only The computerized information provided should only be relied LAKEWOOD 20TH AVE ' i _ - _ -_- - -------------- 1 ^ - -- upon with corroboration of the methods, assumptions, and I - results by a qualified independent source The user of its i information shall indemnity and hold free the City of Wheat mages, lit. and Ridge from any and all liabilities, da awsu causes of action that result as a consequence of tus reliance on information provided herein. Proposed Regulations for Marijuana Infused Product (MIP) Manufacturers This map shows the businesses and land uses related to the proposed regulations for marijuana infused product (MIP) manufacturers. Marijuana Related Businesses The map shows the locations of active or pending MIP manufacturers as of April 28, 2014. The grey buffers indicated the proposed one - quarter mile separation between MIP locations. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana centers /stores and is proposed to also apply to MIP locations. This separation requirement is measured using a route of direct pedestrian access. Zoning Only one zone district is shown on the map'. Industrial - Employment (I -E). Given the nature of MIP manufacturing, the regulations propose allowing this use only in the I -E zone district. Marijuana- related businesses that include MIP manufacturing One - quarter mile buffer Schools (as of 4/28/14) Drug treatment (as of 4/28/14) Daycare (as of 4/28/14) I -E zone district 1 - -goo'1 City limits 0 025 05 075 t Miles N State Plane Coordinate Projection Colorado Central Zone Datum NAD83 Kenneth Johnstone 01 M CON P'IDENTIALI NOTICE This e-mail contains business-confidential information. It is intended only f(,.)r the use of the individual or enn" tiamed abovc. If you are not the intended recipient, rou are notified that arty disclosure, copyrng, distribution, electroiiic st c)t<lge or use of this conni is prohibited. If you received this communication in error, please notify us immediately by c--mail attachin ie g the ongrinal nssage, and delete the original from fro your computer, any network to which computer is connected, 'I'liank you. From: Carmen Beery [Mailto*.CBeer&—mdkrlawcom1 Sent: Thursday, May 08, 2014 11:07 AM To: Kenneth Johnstone; Gerald Dahl; Kathy Franklin; Lauren Mikulak; Daniel Brennan; John Schumacher Cc. Patrick Goff, Heather Geyer Subject: RE: Draft Marijuana memo for 5-19 study session on Attached is a redline with our questions and suggestions. A brief paragraph was added to address Councilor DiTullio's recent comments on illegal manufacturine activities. Certairihtk-t-me—� ww if k/ k/A fnif Carmen Beery Murray Dahl Kuechentneister & Renaud 1 53 0 16th Street, Suite Zoo DenN Colorado 80202 Phone: (3 493 Fax: (3 477 Lvww. rad - krlaw. co in This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are here.ky notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited, If you have received this e-mail in error, please notify me immediately 1 telephone or e-mail and destroy the original message without making a copy, Thank ) From: Kenneth Johnstone [ Sent. Tuesday, May 06, 2014 11:23 AM To: Gerald Dahl; Carmen Beery; Kathy Franklin; Lauren Mikulak; Daniel Brennan; John Schumacher Cc: Patrick Goff; Heather Geyer Subject: Draft Marijuana memo for 5-19 study session 0 V _TM have been directed to take a look at. A couple of notes: 0 1 included a discussion and question on the topic of home occupations that we have discussed internally and Dahl's office has drafted an ordinance on, though we have not spoken directly to Council on this matter to date * I did not include any proposal to define the definition of contiguity, which is used in the existing ordinance in relation to the presence of an optional premises grow license, My understanding is that we are comfortable developing reasonable internal policies that determine how we define that in the field. Ken Johnstone, AICP City of WbeatR e ZC( ,)MMkJNrrV DrVE1,(x.MrN1, Ie,_ J city of Wheat Pdge S COMMUNITY DEVELOPMENT j / I Memorandum — Il TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Kenneth Johnstone, AICP, Community Development Director DATE: May 9, 2014 (for May 19, 2014 Study Session) SUBJECT: Marijuana Infused Products Manufacturing ISSUE: At the April 28, 2014 City Council meeting, City Council approved an emergency ordinance enacting a 90 -day moratorium on the acceptance and processing of any new applications for t 1 marijuana infused products (MIP) manufacturing and marijuana testing applications, permits, 0 Q land use approvals, etc. The stated purpose of the moratorium was to give City Council an opportunity to review the existing regulations, principally the regulations pertaining to certain separation requirements that currently restrict marijuana stores from being closer than 1,000 feet from certain other land uses, including schools, day care facilities, college and university campuses and drug and alcohol treatment centers. Those separation requirements do not currently apply to MIPs or testing facilities. PRIOR ACTION In past years, based on changes in Colorado law relative to both medical and retail marijuana, City Council has adopted ordinances creating a regulatory framework for marijuana- related businesses within Wheat Ridge corporate limits. On April 21, 2014, City Council directed staff to prepare an emergency ordinance placing a temporary moratorium on the acceptance and processing of new applications for certain marijuana related businesses. On April 28, 2014, City Council held a public hearing on said ordinance and the ordinance was approved by a vote of 6 -1 and became effective immediately. The temporary moratorium is limited to 90 days, only applies to MIPs and does not apply to applications that were already pending prior to 5:00 pm on Monday, April 28, 2014. FINANCIAL IMPACT: The City currently has 6 marijuana related businesses and 2 applications which are pending. The businesses are required to pay specific application and license fees, and their product sales are subject to state and local sales taxes. BACKGROUND: When the City first adopted medical marijuana regulations in March 2011, the regulations included a requirement that medical marijuana centers (stores) not be closer than 1,000 feet from schools, daycare facilities, college and university campuses and drug and alcohol treatment 1 facilities. _This 1,000 foot distance restriction for medical marijuana centers mirrors the same u restriction under state law. C.R.S. � 12-43.3- 308(1)(d). Under both the City Code and State law, this 1,000 foot distance restriction does not erade4e-apply to other medical marijuana establishments, such as MIN or primary caregiver locations. When the City adopted retail marijuana zoning regulations in October 2013, the those - regulations mirrored the appFeseh4e- City's existing medical marijuana regulations so again, the separation requirements were only made to apply to retail stores, not MIPs or testing facilities. State law does not contain any distance restrictions in regards to retail mariivana establishments leaving the imnosition of any such restrictions entirely to local governments Recently, several citizens and elected officials have raised the policy question of whether additional classes of marijuana related businesses, specifically MIPs, should be subject to additional separation requirements, as is the case for retail and medical marijuana related stores. It would certainly be appropriate to consider broader application of those separation requirements if it is determined that MIN have negative impacts upon other land uses that could be minimized or mitigated by providing the additional separation. It may also be feasible and appropriate to create separation requirements between each MIP, similar to the 3/4 mile separation requirement that is already required between each marijuana store. There has also been some recent discussion as to whether additional operational requirements should be adopted to minimize or reduce the public's ability to smell the odor associated with marijuana establishments. Existing adopted building codes do not generally address off site odor impacts. However, there is the technological ability to adopt additional codes requirements such as mechanical equipment that would minimize the off -site odor associated with marijuana The Police Denartment and Building Division have responded to numerous complaints about residential grows. The concerns have involved both medical mariivana and retail mariivan a grows, some legal and some illegal. In several cases, the grows have exceeded 25% of the occupational space of the residence with significant changes to electrical plumbing and HVAC systems, without building permits, that have created significant health and safety concerns for current and future property owners, as well as staff. These types of grows produce a significant amount of hazardous waste that is unregulated and "flushed" into the sewer systems Current adO�a - Formatted: Strikethrough 1 " N- there are no such provisions for etail ows. f I � D r�CL ►DVS/ i � 1 Another concern that has arisen regarding mariivana centers is the use of outdoor signs by individuals in the public right of way. Recently, one mariivana center has utilized a person to stand in public right -of -way, along a maior thoroughfare and in close proximity to a city park his own consumption and not for sale and only with the small amounts an individual may possess. A person who manufactures marijuana products for sale without the required licenses or in excess of the limits placed on individuals or in a way that violates other health and safe codes is subiect to prosecution and criminal liability under existing state and local laws 1'c Finally, there are many issues surrounding the legalization of marijuana that remain unsettled at the federal, state and local level. Staff is certain that as the state and city continue down the path of legalizing marijuana, there are going to be issues that arise that result in staff bringing policy Questions to Council regarding new laws or changes to existing laws. The city is certainly experiencing more advocacy around the issue of marijuana from those in favor of legalization and those wanting more controls in place. There have been a number of communities that have formed citizen task forces or workgrouns to provide recommendations to elected officials on policy Questions related to mariivana. This may be a consideration for city council to consider as well. - - - - - - -- - -- - -- ------------------------------ POLICY DIRECTION: Staff requests City Council direction whether to draft an ordinance that would create additional separation requirements for additional classes of marijuana related businesses and if so, seve I specific questions would need to be answered: 1_Which additional classes of marijuana infused manufacturing K would bet included — all MIN or would a distinction be made on medicaretail? J ?3.Should the separation apply to the same types of uses: schools, drug treatment facilities, daycares and college campuses? 7 If yes, should the same 1000 foot distance be used? => .Should there be separation requirements between each MIP or testing facility such as the Y. mile that currently is required between centers? Taking that question one step further, the separation requirement could apply to all classes of marijuana related establishments (retail and medical centers, testing facilities and MIPS). a- 6.Staff also requests direction as to whether City Council would like to consider additional regulations that would reduce or minimize the odors associated with marijuana related products and production. o.7.Staff is also proposing that the limitations on the growing of marijuana in a residence be clarified as it applies to personal consumption and growing as a primary caregiver. Presently, the medical marijuana ordinance cross references the City's home occupation regulations, which places an area limitation of 25% of the area of the primary structure and places certain other limitations on the manner the grow can be conducted. Staff recommends that those limitations be stated more specifically as they apply to the growing of marijuana in one's residence. Does City Council support this direction? -7-.�.City Council also raised the question at the May 5 meeting of whether a total ban on additional marijuana related businesses should be considered. Such an approach is permissible under state law. Is that a direction City Council wants to pursue? 9. Marijuana related businesses are generating general fund revenues in the form of license fees, building permit fees and use taxes and sales tax revenues. Does City Council wish to target the use of those funds in a more directed manner i.e. prevention and education programs for youth (The Police Department is responding to more calls for service in Wheat Ridge Middle Schools and elementary schools involving mariivana and mariivana Formatted: Font: Not Bold, No underline lUy`G J COmment [CBI]: What would the rational basis for such a distinction be:' I am hesitant to suggest that Council make a distinction without having a rational basis in mind. Does die manufacturing of retail products have different land use /other impacts than the manufacturing of medical MJ products:? I don't imagine, but have not researched that factual issue. Comment [CB2]: Do we know if there are currently any MJ establishments that would be rendered nonconforming if this distance limitation applied to each type of license? It wouldn't preclude the change, but Council may want to know. V i infused products). � 10. Does City Council desire staff to present recommendations regarding the sign code and n �.� advertising within public right -of -way. I I . Would City Council consider the formation of a citizen advisory grout) to assist in determining policy issues related to mariivana in the cites ATTACHMENTS: • Map illustrating existing locations of marijuana related establishments and existing schools, daycares, and drug treatment facilities. • Possibly a separate memo on the building code odor issue City of �� Wh6atRj:q g c ITEM NO: 1 DATE: April 28, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: EMERGENCY ORDINANCE - AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS FOR A LAND USE APPROVAL, PERMIT OR LICENSE FOR ANY MEDICAL MARIJUANA- INFUSED PRODUCTS MANUFACTURER, RETAIL MARIJUANA PRODUCTS MANUFACTURER OR RETAIL MARIJUANA TESTING FACILITY AND DECLARING AN EMERGENCY ❑ PUBLIC HEARING ® ORDINANCES FOR 1 IT READING ❑ BIDS /MOTIONS ❑ ORDINANCES FOR 2 READING ❑ RESOLUTIONS QUASI- JUDICIAL: ❑ YES ® NO 0/4, 1 1.1" City Attorney City Manager ISSUE: This ordinance imposes an immediately- effective moratorium on the acceptance of new applications, as well as the continued processing of pending applications, for marijuana manufacturing and testing facilities. The moratorium period is ninety days. That period may be shortened by future action of the Council. The purpose of the moratorium is to permit the Council to evaluate the City's existing regulations concerning manufacturing and testing facilities, particularly in regard to land use and zoning issues. PRIOR ACTION: During the Council Study Session held on April 21, 2014, Council directed that this ordinance be presented for consideration at its April 28 regular meeting. i, Council Action Form April 28, 2014 Page 2 FINANCIAL IMPACT: Given the short duration of the moratorium, no significant financial impact is projected. BACKGROUND: As authorized by the Colorado Constitution (Amendments 20 and 64, concerning medical and retail marijuana, respectively) and implementing state law (the Colorado Medical Marijuana Code and the Colorado Retail Marijuana Code), the City has adopted regulations imposing local restrictions on both medical and retail marijuana establishments. These local restrictions include locational requirements, authorizing location of marijuana establishments only in certain zone districts and imposing distance requirements in some instances. Current regulations prohibit the location of a medical marijuana center or a retail marijuana store within 1,000 feet of a school, child care facility, alcohol /drug treatment facility or higher education campus. Additionally, medical marijuana centers and retail marijuana stores may not generally locate within 3/ of a mile of one another. Centers and stores are the only marijuana establishments authorized by law to offer marijuana for sale to the public (patients, in the case of medical marijuana). Existing code does not impose similar distance limitations on marijuana establishments engaged in the business of testing marijuana or manufacturing marijuana products. Marijuana products include edible products, ointments and tinctures. City staff has recommended that the Council review the City's existing regulations on this topic and in regard to zoning and land use related to manufacturing and testing facilities. The temporary moratorium imposed by this ordinance would prohibit the acceptance of new applications and the future processing of pending applications for manufacturing and testing facilities while the Council conducts this review. OPTIONS FOR COUNCIL ACTION: 1. Approve the ordinance as presented; or 2. Decline to approve the ordinance; decline to impose any moratorium. RECOMMENDED MOTION: "I move to approve the Emergency Ordinance imposing a temporary moratorium on the submission, acceptance, processing, and approval of applications for a land use approval, permit or license for any medical marijuana - infused products manufacturer, retail marijuana products manufacturer or retail marijuana testing facility and declaring an emergency, order it published, and that it take effect immediately." Or, "I move to postpone indefinitely the ordinance imposing a temporary moratorium on the submission, acceptance, processing, and approval of applications for a land use approval, permit or license for any medical marijuana - infused products manufacturer, retail marijuana products manufacturer or retail marijuana testing facility and declaring an emergency, for the following reason(s) " Council Action Fonn April 28, 2114 Page . t Gerald E Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY #F WHEAT RIDGE, COLORADO: Section 1. Etqjao. The above and foregoing findings are hereby r� ,4,:a ®d by this reference as specific findings and determinations of the Council. Section 3. Duration. The moratorium imposed by this ordinance shall commence as of the date of adoption of th .or e and shall expire ®. the ninety- first (91 st ) day thereafter. INTRODUCED, READ, AND ADOPTED AS AN EMERGENCY MEASURE on first reading by a vote of — to on this _ day of , 2014, and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge within ten (10) days after passage, or as soon thereafter as possible, SIGNED by the Mayor • this day of 2014. Janelle Shaver, City Clerk 11mmimm Publication: Wheat Ridge Transcript Effective Date: � t P �. � � \ U■ . SESSION AGEND , « COUNCIL » » CITY OF - t RIDGE, COLORAD e 7600 W. <• °,.. Wheat Ridge C Ma 1 9 ,2 0 6:30 Cit of OFFICE Of THE CITY MANAGER SUBJECT: Marijuana Infused Products Manufacturing and other Marijuana Policy Issues At the May 6, 2014 City Council study session, direction was received from City Council to also include the following topics for discussion at the study session when the moratorium is discussed: 1. A permanent ban on the acceptance of any new applications for all marijuana busine classifications (retail, grow, MIP and testing) 2. A City Council earmark of the fee and tax revenues generated from current manjuan businesses with at least 50 going to schools .1 Marijuana Policy Issues May 1"9, 2014 Page 2 FINANCIAL IMPACT: The City currently has six marijuana-related businesses and two applications which are pending. The businesses are required to pay specific application and license fees, and their product sales are subject to state and local sales taxes. The moratorium on MIPs temporarily reduces revenues from potential new MIP businesses wanting to locate in Wheat Ridge. May 19,2014 Page 3 • g erson who manufactures ma u of the limits placed on individuals or in a way that violates other health and safety codes is subject to prosecution and criminal liability under existing state and local laws. There are many issues surrounding the legalization of marijuana that remain unsettled at the federal, state and local level. Staff is certain that as the state and city continue down the path of legalizing marijuana, there are going to be issues that arise that result in staff bringing policy questions to Council regarding new laws or changes to existing laws. POLICY DIRECTION: Staff requests City Council direction on whether to draft an ordinance that would create additional separation requirements for additional classes of marijuana-related businesses and if so, several specific questions would need to be answered. Staff also requests City Council 4irection on several other policy questions as outlined below, City of Wh6at CommuNiTy DEVELOPMENT ..I1 TO: Kenneth Johnstone, AICP, Community Development Director FROM: John C. Schumacher, Jr., CBO, Chief Building Official DATE: May 7, 2014 (for study session of May 19) SUBJECT: Control of Odor and Emissions from Marijuana Facilities 1111 1111@111111 1 1 11111111 qqii�11111@ lip qqiqp�iqi oqiy!1101� x"110mu"t mail appilcaullity 11 (n Inese requirements to manjuana related occupancies, could be Attachment 2 Marijuana Related Businesses This map shows the businesses and land uses related to the City's marijuana regulations which are located in Chapter 11 of the Municipal code. Marijuana Related Businesses The map shows the locations of active or pending marijuana related businesses as of April 28, 2014. This includes retail centers /stores, marijuana infused product (MIP) manufacturers, cultivation facilities, and testing facilities. The specific types of businesses are identified on the map by the callout boxes. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home - based daycares. The Municipal Code requires a 1000 -foot separation between these land uses and marijuana retail centers /stores. This separation requirement is measured using a route of direct pedestrian access, and does not currently apply to MIP locations or marijuana testing centers. Zoning Only two zone districts are shown on this map. These include the Commercial -One (C -1) and Industrial - Employment (I -E) zone districts in which marijuana related businesses are considered permitted uses. Marijuana - related business Business type is in callout box: - Store - MIP - Grow - Testing = Schools S C/ 1)aj 1 A I� ■ Drug treatment . Daycare ■ C -1 zone district I -E zone district iiiiiiiiii City limits 0 1 .320 2.640 3 960 5,280 Feet N State Plane Coordinate Projedion A Colorado Central Zone Datum NAD83 Revised May 14, 2014 Kenneth Johnstone From: Kenneth Johnstone Sent: Tuesday, May 27, 2014 1:18 PM To: 'Carmen Beery'; Patrick Goff Cc: Gerald Dahl; Daniel Brennan; John Schumacher oschumacher@ci.wheatridge.co.us) Subject: RE: Marijuana Ordinance CB1, The pending MI P is within 1000 feet of a drug treatment facility, so this language should be amended to create that exception for pending applications CB2, look good CB3, you are correct CB4, as determined by the CD Director would be a good addition John and I have also begun to discuss potential building code modifications to at least partially address odors. John's proposed approach, is the following. Rather than amending the code to specifically add ventilation/scrubbers aimed at these types of uses, his suggestion would be to modify the occupancy classification for each of these types of commercial MI uses to become a type of H (Hazard) occupancy, which then creates stricter standards for ventilation, fire suppression, fire separation, etc., which all have the potential • be concerns in the limited experience we've had dealing with these uses, Thoughts? Questions? Ken Johnstone, AICP Community Development Director Office Phone: 303-235-2844 City of CommuNny DrvricwmFNT Sent: Friday, May 23, 2014 11:22 AM To: Kenneth Johnstone; Patrick Goff Cc: Gerald Dahl; Daniel Brennan qubject: RE: Marijuana Ordinance EM Attached are 2 draft ordinances: 1) one addressing MIPs and distance requirements for the June 9 Council meeting; and 2) one addressing residential cultivation activities. There are a few questions for you in the margins of the MIP ordinance. Please review at your convenience, prior to end of next week on the MIP ordinance, and send me your thoughts, comments, edits, etc, Eaz� :�� This electronic mail transmission and any accompanyhig documents contain information belonging to the sender an may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited, If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message NArithout making a copy, Thank you, Sent: Thursday, May 22, 2014 1:23 • To: Carmen Beery; Patrick Goff Cc: Gerald Dahl; Daniel Brennan Subject: RE: Marijuana Ordinance Tv gas, e tne g000 suggestion tor us to consider adding a cross-reference that mentions the need to pull building permits for any modifications to electrical and mechanical systems. This has come up as an issue on multiple sites, While adding the reference won't necessarily always address the issue, it can't hurt and gives us an additional citation when issuing a citation, etc, Thanks, Ken Johnstone, AICP City of" .. . ... ..... . ............. . ..... .. From: Carmen Beery Sent: Thursday, May 22, 2014 8:11 AM To: Patrick Goff Cc: Gerald Dahl; Kenneth Johnstone; Daniel Brennan Subject: RE: Marijuana Ordinance We will prepare the ordinance to conclude the moratorium upon the effectiveness of the new rules, so no additional -?,ction • the Council will be necessary. City Manager Office Phone: 303-235_�2_V&k C Phone: 303-995-6465 Fax: 303-235-2805 City of CITY XAANA(,,fK'S Off ICI From: Carmen Beery [ Sent: Tuesday, May 20, 2014 10:12 AM To: Patrick Goff Subject: RE: Marijuana Ordinance Yes, I will get a draft MIP ordinance prepared this week and out to staff so we can all review it next week prior to the May 30 packet deadline. 1. An ordinance imposinp,, further locational restrictions on MlPs, Xnx_r_k*t -4 is the ordinance that I will prepare this week, to be considered by Council in June and/or July, depending on the decision relative to the Planning Commission hearing, I believe there are 3 elements, please let me know if there are any additional: MIPs shall not be permitted (existing facilities and pending applications excepted) in the C-1 zone district; Mips shall not be located within Xmile of another MIP; and Mills shall be subject to the same 1,000 ft, distance restrictions (schools, daycares, etc.) as retail stores/centers. 3. An ordinance adopting additional requirements concerning odor-mitigation. We will not work on that yet, knowing that the substance of that ordinance must be first prepared, Certainly let us know when we can help with that item. This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are herelky notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy° the original message without making a copy. Thank you. Sent: Tuesday, May 20, 2014 9:17 AM To: Carmen Beery Cc: Gerald Dahl; Kenneth Johnstone; Daniel Brennan Subject: Marijuana Ordinance Carmen, 1010=1=1011 11*_61111�Min# City (',)f' Wh6aitll,, * dg ]R? _ e TV MANACA'A'S OFFICt", CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information, It is intended only for the use of the individual or entity named above. if you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately mail, attaching the original message, and delete the is connected. Thank you.