HomeMy WebLinkAboutOrdinance 1550CI TY OF WHEAT RIDGE , COLORA DO
INTRODUCED BY COUNC IL MEMBER DiTu llio
Counci l Bill No. 05
Ordinance No. I 5" 5""0
Series 2014
TITLE : AN ORDINANC E AME NDING SECTIONS 11-305 , 11-416 AND 26-204 OF
THE WHEAT RIDGE CODE OF LAWS TO PROHIBIT THE LOCATION OF
MEDICAL MARIJUANA-INFUSED PRODUC TS MANUFACTU RERS AND
RETAIL MARIJUANA PRODUCTS MANUFACTURERS IN THE C-1 ZONE
DISTRICT; TO IMPOSE DISTANCE REQU IREMENTS BETWEEN SUCH
MANUFACTURERS AND CERTAIN SPECI FIED LAND USES ; TO
HARMONIZE OTH ER DISTANCE REQUIREMENTS FOR RETA IL AND
MEDICAL MARIJUANA ESTABLISHMENTS ; AND REPEALING THE
TEMPORARY MORATORIUM ON ALL CITY AC TION RELATI NG TO NEW
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS AND
RETAIL MARIJUANA PRODUCTS MANUFACTURERS ' APPLICATIONS
WHER EAS , the City of Wheat Ridge ("City ") is a home rule municipa lity
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health , safety
and welfare ; and
WHEREAS, pursuant to the aut hority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code , Article 43 .3, Title 12 ,
C.R.S., the Wheat Ridge City Council ("Council ") previously adopted local regulat ions
governing medical marijuana establishments , including medical marijuana-infused
product manufacturers ; and
WHEREAS , pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution and the Co lorado Reta il Marijuana Code , Article 43.4 , Title 12,
C.R.S ., the Cou nci l previously adopted local regu lations governing retail ma rijuana
establishments , including reta il marij uana products manufacturers ; a nd
WHEREAS, on April 28 , 2014 , the Council adopted Ordinance No . 1546 , Series
2014 , imposing a ninety-day mo ratorium on the submission , acceptance , processing
and approval of all new applications for medical marijuana-infused products
manufacturers and retail marijuana products manufacturers ; and
WHEREAS, the purpose of the moratorium was to permit the Council to study
and evaluate whether existing City regulations adequately ensure that marijuana
product manufacturers are located only in locations that a re consistent wi t h the intent
and purpose of the City 's comprehensive plans , land use code , compatible with
surround ing uses and otherwise in furtherance of the p ublic health , safety and welfare ;
and
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 1-E zone district than in the C-1 zone district; and
WHEREAS , the Council further finds that marijuana product manufacturers
promote the intent and purpose of the 1-E zone district: to allow light ind ustrial and
commercial uses that support employment; while such manufacturers do not promote
the in tent and purpose of the C-1 zone district: to provide a wide range of commercial
land uses which include office , general business , and reta il sales and service
establishments , supported by the community and/or entire region ; and
WHEREAS , the Council therefore determines that it is appropriate and desirable
to amend Chapter 26 of the Code to remove the designation of marijuana products
manufacturers as permitted uses in the C-1 zone district while maintaining the permitted
use designation of such facilities in the 1-E zone district; and
WHEREAS , the Council further finds that marijuana products manufacturers are
different than other manufacturers in that some of their on-hand inventory is a controlled
substance that remains unlawful to possess and use , under certain circumstances , and
which therefore retains the potential to be diverted to illegitimate or black market
purposes ; 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 to
impose a minimum distance requirement between marijuana products manufacturers , in
the interests of minimizing the potential concentration of criminal activity that may be
attendant to such facilities ; and
WHEREAS , based on the foregoing , the Council further finds that it is necessary
and desirable to impose the same 1,000 foot distance requirements on marijuana
products manufacturers as currently apply to marijuana retail stores and medical
marijuana centers in relation to schools , alcohol or drug treatment facilities , campuses
and residential child care facilities; and
WHEREAS, the Council therefore wishes to amend various provisions of the
Code , as further set forth herein , to render the City's regulations concerning marijuana
products manufacturers more harmonious with the intent and purpose of the City's
existing land use code , to locate future facilities in areas that are compatible with
surrounding uses, to minimize the potential for concentrated criminal activity related to
such facilities , and to minimize the potential exposure of such facilities to vulnerable
populations such as children and those with substance addictions , all of which promotes
the health , safety and welfare of City residents and businesses .
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Findings . 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 :
Sec. 11-305. Prohibited locations.
(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 .
(b) No medical marijuana center OR MEDICAL MARIJUANA-
INFUSED PRODUCT MANUFACTURER shall be located within
one thousand (1 ,000) feet of a school , an alcohol or drug treatment
facility , or the principal campus of a college , university, or seminary ,
or a residential child care facility . THIS LIMITATION WILL BE
COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST
PROPERTY LINE OF THE LAND USED FOR A SCHOOL ,
TREATMENT FACILITY, CAMPUS OR RESIDENTIAL CHILD
CARE FACILITY TO THE NEAREST PORTION OF THE
BUILDING IN WHICH THE CENTER OR MANUFACTURER IS TO
BE LOCATED, USING THE MOST-DIRECT ROUTE OF
PEDESTRIAN ACCESS , AS DETERMINED BY THE COMMUNITY
DEVELOPMENT DIRECTOR. Medical marijuana establishments
that were lawfully in existence at a specific location within the city
as of the effective date of th is section shall not be subject to the
prohibition at that location .
(c) No medical marijuana center shall be located within three-fourths
(%) of a mile of another medical marijuana center OR WITHIN
THREE-QUARTERS (%) OF A MILE OF A RETAIL MARIJUANA
STORE UNLESS THE MEDICAL MARIJUANA CENTER AND THE
RETAIL MARIJUANA STORE ARE OPERATING A DUAL RETAIL
BUSINESS AS DESCRIBED IN SECTION 11-415 . THIS
LIMITATION WILL BE MEASURED USING A STRAIGHT LINE
FROM THE PERIMETER OF THE PARCEL WHERE A
PROPOSED MEDICAL MARIJUANA CENTER WILL BE
LOCATED TO THE PERIMETER OF THE PARCEL UPON WHICH
THE EXISTING CENTER OR STORE IS LOCATED . Medical
marijuana establishments that were lawfully in existence at a
specific location within the city as of the effective date of this
section shall not be subject to the prohibition at that location .
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(d ) NO MEDICAL MARIJUANA-INFUSED PRODUCT
MANUFACTURER SHALL BE LOCATED WITHIN ONE-QUARTER
(1/4) OF A MILE OF ANOTHER MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURER OR A RETAIL MARIJUANA
PRODUCTS MANUFACTURER UNLESS THE MEDICAL
MARIJUANA-INFUSED PRODUCT MANUFACTURER AND
RETAIL MARIJUANA PRODUCTS MANUFACTURER ARE
OPERATING AS A DUAL MANUFACTURING BUSINESS AS
DESCRIBED IN SECTION 11-415 . THIS LIMITATION WILL BE
MEASURED USING A STRAIGHT LINE FROM THE PERIMETER
OF THE PARCEL WHERE A PROPOSED MANUFACTURER
WILL BE LOCATED TO THE PERIMETER OF THE PARCEL
UPON WHICH THE EXISTING MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURER OR A RETAIL MARIJUANA
PRODUCTS MANUFACTURER IS LOCATED .
(E) No person shall operate an optional premises cultivation operation
within the city unless the licensed premises of the person's optional
premises cultivation operation are contiguous with the licensed
premises of the person's medical marijuana center license and/or
the person's medical marijuana-infused products manufacturing
license.
(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 .
(f G) The suitability of a location for a medical marijuana establishment
shall be determined at the time of the issuance of the first license
for such establishment. The fact that changes in the neighborhood
that occur after the issuance of the first license might render the
site unsuitable for a medical marijuana establishment under this
section shall not be grounds to suspend , revoke or refuse to renew
the license for such establishment so long as the license for the
establishment remains in effect.
Section 3. Section 11-416 of the Code , concerning prohibited locations of retail
marijuana establishments , is hereby amended as follows :
Sec. 11-416. Prohibited locations.
(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.
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(b) No retail marijuana store OR RETAIL MARIJUANA PRODUCTS
MANUFACTURER shall be located within one thousand (1,000)
feet of a school , an alcohol or drug treatment facility , or the
principal campus of a college , university , or seminary , or a
residential child care facility . This limitation will be computed by
direct measurement from the nearest property line of the land used
for a school , alcohol or drug treatment facility , or the principal
campus of a college , university, or seminary , or a residential child
care facility to the nearest portion of the building in which ~
marijuana is to be sold THE STORE OR MANUFACTURER IS TO
BE LOCATED , using a THE MOST-DIRECT route of EHfe6t
pedestrian access , AS DETERMINED BY THE COMMUNITY
DEVELOPMENT DIRECTOR.
(c) No retail marijuana store shall be located within three-quarters (o/.)
of a mile of another retail marijuana store . This limitation will be
measured using a straight line from the perimeter of the parcel
where a proposed retail marijuana store will be located TO THE
PERIMETER OF THE PARCEL UPON WHICH THE EXISTING
RETAIL MARIJUANA STORE IS LOCATED . This limitation shall
apply to retail marijuana stores whether they located within or
outside of the city limits .
(d ) No retail marijuana store shall be located within three-quarters (%}
of a mile of a medical marijuana center unless the retail marijuana
store and the medical marijuana center are operating a dual retail
business as described in section 11-415 . This limitation will be
measured us ing a straight line from the perimeter of the parcel
where a proposed retail marijuana store will be located TO THE
PERIMETER OF THE PARCEL UPON WHICH THE EXISTING
MEDICAL MARIJUANA CENTER IS LOCATED . This limitation
shall apply to retail marijuana stores and medical marijuana centers
whether they are located within or outs ide of the city limits .
(e) NO RETAIL MARIJUANA PRODUCTS MANUFACTURER SHALL
BE LOCATED WITHIN ONE-QUARTER (1/4) OF A MILE OF
ANOTHER RETAIL MARIJUANA PRODUCTS MANUFACTURER
OR MEDICAL MARIJUANA-INFUSED PRODUCT
MANUFACTURER UNLESS THE MEDICAL MARIJUANA-
INFUSED PRODUCT MANUFACTURER AND RETAIL
MARIJUANA PRODUCTS MANUFACTURER ARE OPERATING
AS A DUAL MANUFACTURING BUSINESS AS DESCRIBED IN
SECTION 11-415 . THIS LIMITATION WILL BE MEASURED
USING A STRAIGHT LINE FROM THE PERIMETER OF THE
PARCEL WHERE A PROPOSED RETAIL MARIJUANA
PRODUCTS MANUFACTURER WILL BE LOCATED TO THE
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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 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 .
(g H) The suitability of a location for a retail marijuana establishment shall
be determined at the time of the issuance of the first license for
such establishment. The fact that changes in the neighborhood that
occur after the issuance of the first license might render the site
unsuitable for a retail marijuana establishment under this section
shall not be grounds to suspend , revoke or refuse to renew the
license for such establishment so long as the license for the
establishment remains in effect.
Section 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 :
Uses NC RC C-1 C-2 1-E
Medical marijuana -infused p p
product manufacturers
Retail marij uana products p p
manufacturers
Section 5. Repeal of Temporary Moratorium . The temporary moratorium
imposed by City of Wheat Ridge Ordinance No . 1546, Series 2014 , on the submission ,
acceptance , processing , and approval of any application for a City land use approval ,
permit or license for any medical marijuana-infused products manufacturer and any
retail marijuana products manufacturer is hereby repealed and shall expire
simultaneously with the effectiveness of this Ordinance .
Section 6 . 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. 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
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not be affected thereby . All other ord inances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
INTRODUCED , READ , AND ADOPTED on first reading by a vote of 5 to 2 on
this g th day of June , 2014 , ordered published in full in a newspaper of general circu lation
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 291h Avenue ,
Wheat Ridge , Colorado .
ATTEST:
First Publication : June 12 2014
Second Publication :J une 26 • 2014
Wheat Ridge Transcript
Effective Date: July 1 , 2014
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