HomeMy WebLinkAboutOrdinance 1560CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER WOOD EN
Council Bill No. 14-2014
Ordinance No . 1560
Series 2014
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION , ACCEPTANCE , PROCESS ING , AND APPROVAL OF
APPLICATIONS AND REQUESTS FOR A PERMI T, LICENSE, LAND USE
APPROVAL OR OTHER APPROVAL FOR ANY MEDICAL MARIJUANA
ESTABLISHMENT OR RET A IL MARIJUANA ESTABLIS HMEN T
WHEREAS, the City of Wheat Ridge ("City ") is a home rule municipality
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 we lfare ; and
WHEREAS, pursuant to the authority granted by Section 14 , Article XVII I 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 regulations
governing med ical marijuana establishments ; and
WHEREAS, pursuant to the authority granted by Section 16 , Article XVII I of the
Colorado Constitution and the Colorado Retail Marijuana Code , Article 43.4 , Title 12,
C.R.S ., the Council previously adopted local regulations governing retail marijuana
estab lishments; and
WHEREAS , by City of Wheat Ridge Ordinance No . 1554 , on August 18 , 2014 ,
the Counci l adopted a temporary moratorium on certain City approvals necessary to
establish and operate marijuana establishments in the City for the purposes of
permitting the Council to study and evaluate existing local regulations ; and
WHEREAS , for the reasons stated in said Ordinance No . 1554 , which Council
finds to continue to exist as of the effective date of this Ordinance , the Council desires
to im pose an additional moratorium on City approvals related to marijuana businesses ,
as further set f orth herein , to commence upon the expiration of the moratorium imposed
by Ordinance No . 1554 and expire one hundred and twenty-one (121) days t hereafter;
and
WHEREAS , the imposition of an additio nal one hundred and twenty (120) day
moratorium o n the submission , acceptance . processing, and approval of all applications
and requests for a City permit , license. land use approval or other approval is
reasonable in time and scope and would not work an unnecessary hardship upon or
unreasonably preju dice any party .
NOW THEREFORE BE IT ORDAINED BY THE CI TY COUNCI L OF THE CITY
O F WHEAT RIDGE , COLORADO :
Section 1. Fi n dings. The above and forego ing findings are hereby
in corporated by this reference as specific findings and determinations of the Council.
Section 2. Te m porarv Mor atorium . A temporary moratorium is hereby
imposed on the submission , acceptance , process ing , and approval of all applications
and requests fo r a Ci ty permit , license , la nd use approva l or other approval for any
med ical marijuana establishment or retail marijuana establishment , as both terms are
defined by Chapter 11 of the Wheat Ridge Code of Laws ("Code"). The City staff is
directed to refuse to accept for filing , and not to further process or review any pend ing
applications or requests for such establishments during the moratorium period .
Section 3. Duration. The moratorium imposed by this ordinance shall
commence on November 17 , 2014 and shall exp ire on the one hundred and twenty-first
(121 51} day thereafte r.
Secti on 4. Exemption for Pending Applications . Th is ordinance shall not
app ly to the processing and final action by the City upon any application for a City land
use approval , permit or license for any med ical marijuana establishment or retail
marijuana estab lishment, which application was received by the City prior to 5:00 p .m .
on August 18 , 201 4. Such applications shall be processed and acted upon pursuant to
the City regu lations in effect on the date of their respective submittals .
Section 5. Staff to Investigate and Prepare Proposed Regulations. Before
the expi ration of t he morato rium imposed by t his ordinance, City staff shall continue to
review and analyze the City 's existing regulations governing medica l marijuana
establishments and retail marijuana establishments , as directed by the Council , and
present any proposed amendments thereto to the Council. The Counc il declares that it
will give du e and timely conside ration to a ny such recommended changes to the Code .
Section 6. Effective Da t e. Th is Ordinance shall take effect fifteen (1 5) days after
final publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on this 13th
day of October, 2014, ordered published in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Heari ng and consideration on final passage set for October 27 ,
2014, at 7:00 o'clock p.m ., in the Counci l Chambers, 7500 West 29th Avenue , Wheat Ridge ,
Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final read ing by a vote
of 7 to 0 , this 27 t h da y of Oct o b er , 2014 .
SIGNED by the Mayor on th is 27 th day of _ _,o._..c:t-=t-'~....,he .... r ____ , 2014 .
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ATTEST:
First Publication. October 16, 2014
Second Publ ication : Oc t ober 30 , 2014
Wheat Ridge Transcript
Effective Date: November 14 . 2014
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