HomeMy WebLinkAboutZOA-14-06A
City of
W heat Midge
COMMUNITY DEVELOPMENT
Memorandun
TO: Patrick Goff, Heather Geyer, Kathy Franklin
THROUGH: Ken Johnstone
FROM:
DATE:
SUBJECT:
Lauren Mikulak
March 6, 2014
City Council Notice of Marijuana -Related Businesses
On January 26, 2015, City Council adopted Ordinance No. 1563 which amended local
regulations governing medical and retail marijuana businesses. Council reviewed this ordinance
in draft form at a study session on December 1, 2014.
During the study session, staff was directed to develop a mechanism by which Council could be
notified of certain activities related to marijuana businesses. It was determined that these
notifications did not require codification. Rather, this memo provides a summary of the required
notice. While notice to Council is the responsibility of either the Community Development
Department or Sales Tax Division (as noted below) internal discussion may be necessary before
notice is provided.
Notice 1. Notification of a pending Special Use Permit application
Who: Community Development Department
What: Notice of a neighborhood meeting for a potential SUP application
How: Notice will be provided to Council via email
When: Notice will occur at the same time as the formal public notice of the neighborhood
meeting is provided to surrounding property owners
Notice 2. Notification of submittal of a new Special Use Permit
Who: Community Development Department
What: Notice of submittal of an SUP application
How: Notice will be provided on the existing quasi-judicial spreadsheet that is transmitted to
Council via email
When: Once a complete application is received it will be included on the quasi-judicial
spreadsheet; this spreadsheet is typically distributed on a weekly basis
Notice 3. Notification of any modifications or transfer of a business license
Who: Administrative Services Department — Sales Tax Division
What: Notice of any modification to a marijuana business license
How: Notice will be provided to Council via email
When: Notice will occur as changes occur
Notice 4. Periodic mapping of the regulatory framework
Who: Community Development Department
What: Maps will depict existing marijuana -related businesses within and outside city
boundaries, schools, home-based daycares, drug treatment centers, and universities as
well as all appropriate buffers
How: Hard copy maps will be provided to council members via their City mailboxes
When: Notice will occur quarterly, approximately 15 days after the end of each quarter
Notice 5. Notification of a vacancy
Who: Administrative Services Department — Sales Tax Division
What: Notice of a vacancy, as determined at the sole discretion of the City; depending on the
situation, it may be that vacancy cannot be determined until a business closes and
remains closed for a period of 6 consecutive months
How: Notice will be provided to Council via email
When: Notice will occur after a vacancy has been determined and prior to commencement of the
lottery process
2
91
City of
i�?rWh6atP dge
MMUNITY DEVELOPMENT
Memorandum
TO: Community Development Department, Planning Division
FROM: Lauren Mikulak
DATE: February 26, 2015
SUBJECT: Marijuana Regulations
In 2011 and 2013, respectively, the City adopted local regulations governing medical and retail
marijuana businesses. A series of moratoriums and code amendments have refined the local
regulatory framework over the last several years, including the following ordinances:
• Ordinance No. 1479 adopted March 14, 2011
• Ordinance No. 1543 adopted October 14, 2013
• Ordinance No. 1550 adopted June 23, 2014
• Ordinance No. 1551 adopted June 23, 2014
• Ordinance No. 1563 adopted January 26, 2015
Because marijuana -related regulations have been updated incrementally and are spread across
several code sections, this memo serves as a condensed summary of the current regulatory
framework. In addition, the status of existing businesses is provided on page 5.
This memo is intended as a staff resource only. Code citations are included for further review.
Please note that building code regulations are not included in this memo. Likewise, regulations
pertaining to primary caregivers and the cultivation of marijuana on residential properties are
excluded; these regulations are self-contained in the following code sections:
• Primary caregivers: Sections 11-320 through 11-331
• Marijuana cultivation on residential property: Section 26-640
Types of Marijuana Businesses:
Medical Marijuana
Sec. 11-293 • Centers (storefronts)
• Infused product manufacturers
• Optional premises cultivation facilities
Retail Marijuana
Sec. 11-403 • Stores
• Product manufacturers
• Cultivation facilities
• Testing facilities
Medical Mariivana Centers and Retail nlariivana Stores:
Max Number
Sec. 11-298(a)(7) • Maximum total number of centers/stores is 5
and • Collocated operations count as 1
Sec. 11-408(a)(7)
Zoning
Sec. 26-204 • Permitted use in the Industrial -Employment (I -E) zone district
• Special use in the Commercial -One (C-1) zone district
Sec. 26-114 - If the special use ceases operation for a period of 6 months, the SUP is
considered expired; this term is shorter than the standard 12 months
allowed for other SUPs
Sec. 26-114 - An SUP can be transferred to another person upon administrative
review and approval by the Community Development Director (a
transfer should trigger a business license application which would be
subject to review by the Director)
• Centers/stores may not be located in any other zone district, including the
City's mixed use districts
Separations
Sec. I1 -305(b) -(c) • In both zone districts, centers/stores must meet the following separation
and requirements:
Sec. 11 -416(b) -(d)- 3 -mile separation from other centers/stores (inside and outside City
limits)
- 1000 -foot separation from home-based daycares
- 1000 -foot separation from schools (preschools and K-12)
- 1000 -foot separation from alcohol or drug treatment facilities
- 1000 -foot separation from the WR Rec Center or an improved city park
(this does not include the green belt or other similar open space areas)
- 1000 -foot separation from the principal campus of a college, university
or seminary (the City does not currently have any of these facilities)
• All separations are measured as -the -crow -flies from property line to
property line
Collocation
Sec. 11-415 • Collocation is permitted, meaning medical and retail sales may occur on
the same licensed premise by the same operator
• Collocation may not be added if the property is legally nonconforming in
terms of zoning or separations; for example, a site may meet all appropriate
separation requirements when a license is obtained to sell medical
marijuana; if after some period of time a daycare opens within 1000 -feet,
the business becomes legally nonconforming and may not add a
recreational license (Council Bill 03-2015 proposed changing this to allow
collocation at nonconforming locations, but the bill was postponed
indefinitely on January 26, 2015)
OA
Marijuana Infused Product (MIP) Manufacturing:
Max Number
Sec. 11-298(a)(7) • Maximum total number of product manufacturers is 3
and • Collocated operations count as 1
Sec. 11-408(a)(7)
Zoning
Sec. 26-204 • Permitted use only in the Industrial -Employment (I -E) zone district
Separations
Sec. 11-305(d) • Manufacturing facilities must maintain a''/o-mile separation from other
and marijuana product manufacturers
Sec. I1 -416(e) • No other separation requirements apply
• This separation is measured as -the -crow -flies from property line to
property line
Collocation
Sec. 11-415 • Collocation is permitted, meaning medical and retail marijuana product
manufacturing may occur on the same licensed premise by the same
operator
Cultivation:
Sec. 11-305(e) • Freestanding cultivation facilities are not permitted anywhere in the City;
and cultivation facilities must be contiguous with a primary marijuana use
Sec. I1 -416(f) (either a center/store or a manufacturing facility)
• Cultivation facilities are limited to 5,000 gross square feet for the entire
premise (this does not mean 5,000 for medical and 5,000 for retail; this is
5,000 total)
Sec. 26-204 • The addition of a cultivation facility to an existing center/store in C-1 is
considered an expansion and would require an SUP
Testing Facilities:
Sec. 26-204 • Permitted use in the Industrial -Employment (I -E) zone district
• Permitted use in the Commercial -One (C-1) zone district
3
Signs:
Sec. 26-708 •
All signs associated with a marijuana -related businesses (temporary or
permanent) are subject to zoning review regardless of whether or not a
building permit is required
Sec. 26-296 and •
If proposed signage is not included with the business license application,
Sec. I1-406
planners should notify the applicant that sign information must be provided
as soon as practical
Sec. 26-306 and •
Sec. 11-417
Sign limitations:
- Billboards, vehicle signs, hand-held signs, and leaflets are prohibited
for marijuana -related businesses
- Signage cannot include any content that targets persons under 21,
including but not limited to cartoons or similar images
- Signage cannot depict a marijuana plant or similar image
- Green crosses are limited in size to 2 feet high by 2 feet wide
Nonconforming Uses:
Sec. 11-305(g)and • The suitability of a site is determined at the time the first license is issued;
Sec. 11-416(h) if a change in surrounding land uses renders a marijuana -related business
legally nonconforming, it may continue to exist
Sec. 26-120.C.6 • If a legally nonconforming marijuana -related business ceases to operate for
a period of 6 consecutive months it may not resume operation (note, this is
shorter than the standard 12 months allowed for other nonconforming uses)
New Businesses:
Sec. 11-298(c) and • No new marijuana businesses are allowed unless there is a vacancy (if the
Sec. 11-408(d) number of existing businesses falls below the established maximums of
5 centers/stores or 3 manufacturers)
• If an opening for a center/store or manufacturer becomes available, then a
lottery process will commence; this will typically occur when a business
closes and remains closed for a period of 6 consecutive months, but the
determination of a vacancy is at the sole discretion of the city
• A notice of vacancy will be published on the website and at designated
posting places
• Interested parties must file a letter of intent within 30 days of the notice
• The letter of intent must include the type of business being proposed, the
proposed location, and written permission of the property owner
• If more than one complete letter of intent is submitted, the City will select
one submission by lottery
• Once an applicant is selected, they must meet the following deadlines:
- Submit a complete license application and SUP application (if
required) within 60 days
- Obtain a business license and SUP (if required) within 180 days
• If deadlines are not met the City can reject an application
n
Status of Existine Businesses:
Sec. 26-120. C.6 • If a legally nonconforming business closes, it can be reopened within 6
months by another operator; new operator submits business license to
reopen
• If an existing business wants to expand, refer to "Status" section below
Best Colorado Meds
Address: 4845 Van Gordon Street
Zoning: I -E
Licenses: Retail store, medical center, cultivation (as of 1/26/15)
Collocation: Yes
Status: Conforming location; size of grow is unknown but cannot be expanded above
5,000 sf
Strainwise
Address: 10185 W. 49`h Avenue
Zoning: C-1
Licenses: Medical center only (as of 1/26/15)
Collocation: No
Status: Legally nonconforming due to 1000 -foot straight-line separation; cannot add
retail component; center cannot expand; if cultivation is added, must obtain
SUP
Options Medical Center WR
Address: 9085 W. 44"' Avenue
Zoning: C-1
Licenses: Retail store, medical center (as of 1/26/15)
Collocation: Yes
Status: Legally nonconforming due to proximity of park; if cultivation is added, must
obtain SUP
Boulder Organic Food GrouR
Address: 9135 W. 44` Avenue
Zoning: C-1
Licenses: Retail MIP, medical MIP, cultivation (as of 1/26/15)
Collocation: Yes
Status: Legally nonconforming due to MIP in C-1; cannot expand MIP or cultivation
1•
Best Colorado Meds
Address: 4800 Lamar Street and
Zoning: C-1
Retail store, medical center, retail MIP, medical MIP, cultivation
6325 W. 48`' Avenue
Licenses:
Collocation: Yes
Status: Legally nonconforming due to proximity of park and MIP in C-1; cannot
expand center or MIP; size of grow is unknown but cannot be expanded above
5,000 sf; expansion of cultivation would require SUP if contiguous with
center/store; cannot expand cultivation contiguous with MIP
Chronic Therapy
Address:
10030 W. 27`h Avenue
Zoning:
C-1
Licenses:
Retail store, cultivation
Collocation:
No
Status:
Legally nonconforming due to proximity of park; cannot add medical
component; store cannot expand; size of grow is unknown but cannot be
expanded above 5,000 sf; expansion of cultivation would require SUP
EBBU
Address: 4980 Kipling Street
Zoning: C-1
Licenses: Pendin medical MIP
Collocation: No
Status: Legally nonconforming due to MIP in C-1; cannot expand; cannot add retail; a
pending building permit application will expire on March 9 and may result in
the City's first vacancy (to be determined)
0
Lity of
9W heat ,idge
C DEVELOPMENT
Memorandum
TO: Case file for ZOA-14-06
FROM: Lauren Mikulak, Senior Planner
DATE: January 29, 2016
SUBJECT: Case file contents
Case number ZOA-14-06 related to marijuana regulations was a collaborative effort with the
City Attorney's office. Public comment that was sent to Council or the Clerk is not included in
this file. This file only includes the comments that were sent to CommDev staff
Lauren Mikulak
From:
NICOLE <kabur_dice@msn.com>
Sent:
Sunday, January 25, 2015 10:43 PM
To:
Lauren Mikulak
Cc:
Joshua Botts
Subject:
FW: I know there are many rules you are looking at for
From: kabur dice(cDmsn.com
To: kvanert@ci.wheatridge.co.us
CC: kiohnstone@ci.wheatridge.co.us
Subject: FW: I know there are many rules you are looking at for
Date: Sun, 25 Jan 2015 22:38:11 -0700
From: kabur dice@msn.com
To: kdavis@ci.wheatridge.co.us
CC: gpond@ci.wheatridge.co.us
Subject: FW: I know there are many rules you are looking at for
Date: Sun, 25 Jan 2015 22:34:24 -0700
From: kabur dice@msn.com
To: jeditullio@ci.wheatridge.co.us
CC: bstarker@ci.wheatridge.co.us
Subject: FW: I know there are many rules you are looking at for
Date: Sun, 25 Jan 2015 22:32:37 -0700
My Thougts on the Marijuana Issue
> Subject: I know there are many rules you are looking at for
> Date: Sun, 25 Jan 2015 22:15:32 -0700
> To: City of Wheat Ridge
> I know there are many rules you are looking at for the MMJ industry.
> Just as many areas are opening up, your considering being more restrictive.
> I totally agree on the cap on centers. That is on par with what most cities have done. It not only keeps them
from every corner, but helps the ones you have gain in stability and make the profit required to run the
business correctly.
> Most grows need to be large to be competitive. Imagine Coors trying to brew in 5000 sq ft. center.
> Right now the "live well centers" grow is 150,000 sq ft.
> There is a new 70,000 sq ft facity being built in the industrial area of Santa Fe and 125.
> You have to zone it correctly, but if it's zoned correctly, size shouldn't be an issue.
> I believe this goes back to the continuation rule that should be repealed. Let the retail stores be in C zoned
areas and the grows elsewhere. Don't make them be attached to each other. With your current rule it makes it
known where all the marijuana is being grown by everyone. The state rule is that it's against the law to
disclose the location of the actual grow. Imagine how safe that would be for us to be able to not have the
location of the grow known to every single customer. FYI sure we'd go over board on oder control at that
point.
> Secondly, the 5000 ft gross cultivation space. Most cultivation spaces require bathrooms, break rooms,
required by law security rooms, drying rooms, and trimming rooms. Also marijuana safe storage room. You
take all that into account then 5000 ft is literally nothing.
> Ok, so I offer as a solution.
> 5000 ft of actual growing area that is a marked off section where there is actually grow lights.
> Secondly, that's only in commercial areas. This should not apply to industrial zoned areas. To be competitive
you can't make it so the stores can't grow enough.
> 1, 100% agree these large industrial facilities don't belong in down town Wheat Ridge. I also feel the retail
stores don't belong in heavy or light industrial areas. Let the centers grow in locations far away from the retail
stores. We can then have nice, clean, respectable retail stores like most other cities, and our factory can be in
the factory area.
> Do away with the continuation rule. We tried it and it's a bad rule.
> So please, for existing centers in a "C" zone, great, restrict grow size. Please consider the above in that size of
all the non growing space required in a grow facility.
> And please DO NOT impose the grow size limits if the grow factory is in an industrial area.
> As for the signs. My thoughts on signs are simple. The green cross was adopted to be respectful and not use
pot leaves. It is a non-offensive image. Wheat Ridge has a sign code based upon setbacks and lot size. If a sign
was approved, paid for and installed and is a simple green cross, this is a waste of time rule. One 5 foot cross,
or a two foot cross, it is based simply upon your allotted sign sq footage. But, as you know, the new fad is "t
med/rec t"
> Marijuana
> I love the Oder control rules. The systems are out there to make this happen. And in an industrial area this
will be even easier.
> Over all most of the rules make sense.
> The no butane extraction rule I do not get. They make machines that are UL listed. The very strict city of
Denver has regulated this very effectively.
> I think all non regulated extraction should be banned, but not closed looped machines in licensed facilities.
Even the Fire Chief has said if the machine was the same type used in Denver, he sees no problem with this.
He has studied the situation, we should follow his lead.
> That's all I have. I won't waste time talking about the parts I agree with, just wanted a voice on the parts I
don't agree with.
> Thank you for taking time to read this.
> Nicole Stiren
> Co-owner Medical MJ Supply
4
Lauren Mikulak
From: Roger Morin (Juno) <roger_morin@juno.com>
Sent: Friday, January 23, 2015 12:39 PM
To: Kenneth Johnstone; Lauren Mikulak
Subject: RE: PC Recommendation for Removal of 1000 Ft Separation
Thanks, Ken.
I did speak with Anne Brinkman last night and got clarification from her too.
I am sorry I did not know until recently that I could address the PC. I'm still learning how a community works. I only
figured this out because I've been reviewing the list MJ events you sent me. Again, thank you.
Lauren, you present very, very well. I compliment you on your professionalism.
I'm looking -forward to Monday.
Vr \Roger Morin
-----Original Message -----
From: Kenneth Johnstone fmailto:kiohnstone@ci.wheatridpe.co.usl
Sent: Friday, January 23, 2015 7:39 AM
To: roper morin@iuno.com; Lauren Mikulak
Subject: RE: PC Recommendation for Removal of 1000 Ft Separation
The PC's recommendation will be forwarded to City Council as part of their agenda packet. Included in the options
presented for City Council consideration will be an option to adopt an amendment to the ordinance incorporating the
Planning Commission's recommendation to eliminate the 1000 foot separation from Parks. Please let me know if you
have further questions. Thanks.
Ken Johnstone, AICP
Community Development Director
Office Phone: 303-235-2844
-----Original Message -----
From: roper morin@iuno.com fmailto:roper morin@iuno.coml
Sent: Wednesday, January 21, 2015 2:04 PM
To: Kenneth Johnstone; Lauren Mikulak
Subject: PC Recommendation for Removal of 1000 Ft Separation
Ken, Lauren,
What's the impact of PC's recommendation to remove the 1000' separation from parks? How will this affect next
Monday?
If it's not an easy answer, you're welcome to call me.
Thank you.
yr \Roger Morin
(303) 422-1525
Lauren Mikulak
From: Kenneth Johnstone
Sent: Friday, January 23, 2015 12:34 PM
To: Lauren Mikulak; Patrick Goff; Daniel Brennan
Subject: FW: Marijuana in our City
This was sent to our Planning Commissioners.
Ken Johnstone, AICP
Community Development Director
Office Phone: 303-235-2844
City of
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From: JENNIFER YATES[mailto:brianjennifer49@msn.com]
Sent: Friday, January 23, 2015 10:21 AM
To: abrinkman(alforethought.net; alan@notchcode.com; satimms(abaol.com; Scott. hawkeyes(aOgmaiLcom;
Ed02222@comcast.net; Kmsy dnn(aaahoo.com; amandajweaver(abgmail.com
Cc: Kenneth Johnstone
Subject: Marijuana in our City
City Council has been working hard with the community for a compromise to allowing marijuana
in our city. Do we really want the green mile in our city?
First some history:
August 2014- my email to council -I am a concerned home owner on Miller Street in Wheat
Ridge. It has just come to my attention that there is a proposed marijuana facility that may be
located at the bottom of our street which has 20+ school aged children living on it, along
with 10+ school aged grandchildren that are visiting on any given weekend. This does not
include the NUMEROUS children that would walk by the facility EVERY school day.
After further research I learned that a Pre -Application Meeting was held on June 5,
2014. NOTE the pre -application meeting documents included proposed changes to the existing
building resulting in a 5000-6000 square foot building. There were much bigger plans to be
made by the applicant. The applicant's own construction worker's stated it was going to be a
10000+ square foot SUPER STORE. I believe there are also plans floating around the city
for a much bigger facility.
August 2014 -my email to council- At Paramount Park, in addition to the horrible smell that
comes from Chronic Therapy (which I only realized after last weeks meeting, and then walked
over to the store to confirm), there are balloons and flags outside making it look like a PARTY
is going on. Colorado law states>>>
1
it is unlawful for a Marijuana store to engage in advertising that is visible to members of the public from any
street, sidewalk, park or other public place utilizing any of the following media: any billboard or other outdoor
general advertising device, sign mounted on vehicle, any handheld or portable sign, or any handbill, leaflet or
flyer. EXCEPTION is a fixed sign that exists solely for the purpose of identifying the location of the
establishment.
Meanwhile there are up to 80+ children across the street on Monday - Thursday nights alone,
not including regular park users and Saturday games when there are players coming from other
communities to our field.
As Ms. Mikulak stated, MED makes the rules and is supposed to enforce them, but my
understanding is that there are only 2 or 3 people assigned to enforce those rules for some
300+facilities. It took months to get Chronic Therapy to follow the rules and remove the
balloons and flags.
During the soccer season I am at that park at least 3 times a week. Patrons of Chronic
Therapy, park at the park, and then return to their cars and some consume the product they
just purchased (yes they then drive home). As I drove by (slowly, as I always do) the south side
of the park one day, a lady took a hit off of a bong, looked up at me, and blew the smoke
out. NOTE: They were sitting at a table in the park. 2 of the 3 days a week that I was at
Paramount Park last fall, I saw someone consuming marijuana, although the above was the most
blatant. While I understand that some people will do these things no matter where the store is,
the store being across the street from a park makes it very convenient for public consumption
(which is illegal in the STATE of Colorado).
Now:
Our parks and our Rec Centers along with our schools should be a safe place for our
children. We have 3 stores across the street from our parks where our children play. Is
this part of the Wheat Ridge vision?
While the marijuana industry touts that it should be treated like the liquor industry they
clearly had no interest in doing that when they were pushing to open the 300+ facilities in
Colorado including the 6 in Wheat Ridge. Where was the public notice as required in the
Liquor Licensing Process?
There were hundreds of conversations, on different issues including seperation requirements,
and in different forumns, that happened before council proposed the ordinance that will more
than likely be voted on Jan 26th. Nothing was taken lightly or without thoughtful consideration,
when written into the current ordinace proposal.
We must pass down a healthy and safe community for our children, and beyond.
Jennifer Yates
2
Lauren Mikulak
From:
Lauren Mikulak
Sent:
Thursday, January 22, 2015 9:25 AM
To:
Patrick Goff
Cc:
Kenneth Johnstone
Subject:
RE: MJ and PC
Yes, Ken and I just discussed, and we would.
Lauren E. Mikulak, AICP
Senior Planner
Office Phone: 303-235-2845
Fax: 303-234-2845
Wc ily of
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i OMMUNIli' 0f V1 I OPM1 N 1
From: Patrick Goff
Sent: Thursday, January 22, 2015 8:41 AM
To: Lauren Mikulak
Cc: Kenneth Johnstone
Subject: RE: MJ and PC
Before I share this information with Genevieve, are we going with the more conservative interpretation?
Patrick Goff
City Manager
Office Phone: 303-235-2805
Cell Phone: 303-995-6465
Fax: 303-235-2805
City of
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CITY MANAU1R'%OffR I
From: Lauren Mikulak
Sent: Thursday, January 22, 2015 8:04 AM
To: Patrick Goff
Cc: Kenneth Johnstone
Subject: MJ and PC
Patrick
I wasn't able to check the MJ maps yesterday, but I looked at this morning and below are my notes on the 38th and Miller
site:
If the parks buffer were to be removed, the rec center would still be classified as a school because it is my understanding
that they have a licensed preschool. A conservative interpretation of the rec center property boundary would include the
pond to the south which is adjacent to Lena Gulch and owned by the City (see attached image). This boundary combined
with the as -the -crow -flies measurement would make 38th and Miller is an ineligible location.
Ken and I have discussed the boundary several times based on questions from Roger Morin in relation to another
property. As you can see there are multiple parcel lines. Our files indicate there was an intention to consolidate the lots
into one, but this never happened, hence the "when is a park not a developed park" question.
Lauren E. Mikulak, AICP
Senior Planner
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2845
Fax: 303-234-2845
www.ci.wheatridge.co.us
Cil• of
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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 by e-mail, attaching the original message, and delete the original message from your computer, and any
network to which your computer is connected. Thank you.
Lauren Mikulak
From: Roger Morin (Juno) <roger_morin@juno.com>
Sent: Tuesday, January 20, 2015 10:07 AM
To: Kenneth Johnstone
Cc: Lauren Mikulak
Subject: RE: Info on MJ Facility Maps; Minutes
Attachments: marijuana timeline (3).docx
Ken, FYI. I've been reviewing these events, and think I found some typos in the sheet you sent. Otherwise this has been
extremely helpful in my research. See attached. Again, Thanks.
Vr \Roger Morin
From: Kenneth Johnstone[ma iIto: kjohnstone(-Oci.wheatridge co us]
Sent: Thursday, December 04, 2014 5:04 PM
To: Roger Morin (Juno); Lauren Mikulak
Cc: Janelle Shaver
Subject: RE: Info on MJ Facility Maps; Minutes
Mr. Morin,
Thanks for the acknowledgment. Attached are the maps from Monday and a memo outlining past public
meetings/hearings, most recently updated in August, so there have been a few more meetings since then, as I believe
you are aware.
Below are links to the City's web site to review minutes, videos, etc.
Channel 8: http://www.ci.wheatridge.co.us/824/WRTV8-Live-and-On-Demand-Videos
City Council Meeting Records: http://www.ci.wheatridge.co.us/915/City-Council-Meeting-Records
Planning Commission Meeting Records: http://www.ci.wheatridge.co.us/95/Planning-Commission
Please let me know if you have further questions. Thanks.
Ken Johnstone, AICP
Community Development Director
Office Phone: 303-235-2844
City of
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C0MMUN111' INV1101-M1N1
From: Roger Morin (Juno) [mailto:roger morin(abjuno.com]
Sent: Thursday, December 04, 2014 4:05 PM
To: Kenneth Johnstone; Lauren Mikulak
Cc: Janelle Shaver
Subject: Info on MJ Facility Maps; Minutes
Mr. Johnstone, Ms. Mikulak,
First my complements on your professionalism and technical expertise at last Monday's Study Session. It was clear you
had prepared well and anticipated staff Councilmember comments.
I would like to get a copy of the maps you provided to Councilmembers. Is this something you can provide?
Also, Mr. Johnstone, I recall something you said at the 22 Sept session, that there had been 19 (or so) meetings held
previously on the drafting of ordinances and regulation for MJ. Can you provide me a list of those meetings, and/or links
to the minutes, and/or links to the Channel 8 videos. I would like to review them. Thanks.
Vr \Roger Morin
District III
Lauren Mikulak
From: Kenneth Johnstone
Sent: Monday, January 12, 2015 8:18 AM
To: Lauren Mikulak
Subject: FW: Collocation of Operations
fyi
Ken Johnstone, AICP
Community Development Director
Office Phone: 303-235-2844
City of
W hcat ( is 44c
CoMMIINI IY INVI I01 -MI N I
From: JENNIFER YATES [mailto:brianjennifer49Cabmsn com]
Sent: Monday, January 12, 2015 7:01 AM
To: Joyce Jay; Tim Fitzgerald; JDiTullio Home; Bud Starker; Tracy Langworthy; Zachary Urban; Genevieve Wooden; Kristi
Davis; George Pond; Patrick Goff; Kenneth Johnstone
Cc: jennifer shepherd; kellybrooks OlLahotmail.com; roger morin@iuno.com
Subject: Collocation of Operations
Please consider the below:
Chronic Therapy- Currently have only a Recreational license
- Across the street from Paramount park - They started as a medical facility. If they really wanted to
be a medical facility they could have remained or added the medical license already - Clearly from
their showings at Council meetings and study sessions, they are selling to red card holders with out
issue.
The Ridge -Currently have only Medical license
-They are in a very small facility in a high crime area where there is a high transient population that
does not need access to recreational marijuana.
From the Westword review Nov 29, 2013"The Ridge will remain a medical marijuana dispensary,
but three other Strainwise dispensaries - Grove, Haven and Shelter - will be converting to recreational
pot shops at some point in the new year."
We are back to this ordinance being put in place for ONLY for EBBU !!
EBBU LLC - Currently has a Medical Marijuana Infused Product (MIPs) Manufacturing license
PENDING
The original Medical application was signed on 4/25 (the Friday before a moratorium was imposed -
how did they know?). All of the Application Supplement for Owners forms, were only checked for
Medical Marijuana. There was then a moratorium put in place on April 28, 2014.
EBBU amended the original application on 6/4 and 6/18 changing an owner and adding Retail to
the application.
Ordinance No.1550 went into effect in conjunction with the ending of the moratorium. This
ordinance removed the allowance of MIP manufacturing in C-1 zones.
EBBUs application for Retail is invalid as the request to add retail was submitted during the
moratorium and is no longer allowed in a C-1 zone.
They are not in the research field as presented and a WR study session, they are in the money
making field. Their co-founder Dooma Wendeschuh was in Washington last year promoting a THC
infused SODA that states on the label it will "MAKE YOU ONE WITH YOUR COUCH". Not
what we want for our community and our children.
We are obligated to pass down a healthy and safe community for our children, and beyond.
Jennifer Yates
z
Lauren Mikulak
From: Roger Morin (Juno) <roger_morin@juno.com>
Sent: Thursday, January 08, 2015 8:17 PM
To: Kenneth Johnstone
Cc: Lauren Mikulak
Subject: RE: Request for Property Line of the Land Used for the Little Learner's Preschool
Ken, thanks for the few minutes you took to talk with me today. I may try to get 20 minutes on your calendar on Friday,
9 Jan, if that works for you.
I've attached, below, the Jeffco Assessor view of the "pedestrial route" from 38`h Ave to Lena Gulch. I've assumed the
pedestrial route an anticipated walkway from the 38`h Ave neighborhoods to Everitt MS (and the rec center), and a
bypass from the (now even busier) 38`h and Kipling intersection. I also assumed this because the Bicycle & Pedestrian
Master Plan shows a trail in the same area, and there's a small bridge across the gulch. Maybe you might have other
insight for why this trail that runs into the Lena Gulch floodplain.
Aside from that, I might ask you what it's like to be a Community Development Director. Vr \Roger Morin
Pedestrial trail:
http://archie.co.lefferson.co.us/website/aspin/viewer.htm?puery=SCH%20%3D%20%27453354%27&fromATS
&fromATS&vts49vte&vls109vie
Bicycle & Pedestrian Master Plan Website, http://www.ci.wheatridge-co.us/1204/Bicycle-Pedestrian-Master-Plan
From: Kenneth Johnstone[maiIto:kjohnstone@ci.wheatridge.co.us]
Sent: Wednesday, January 07, 2015 10:15 AM
To: Roger Morin (Juno)
Cc: Lauren Mikulak
Subject: RE: Request for Property Line of the Land Used for the Little Learner's Preschool
Mr. Morin,
The maps provided to City Council are generally provided for illustrative purposes to depict at a citywide policy level the
impacts of the proposed legislative action that they would be taking in adopting the draft ordinance. In the event an
actual application would be made for a future marijuana establishment, a more detailed analysis of the buffer and
_W7. t
•?
!
• 1
•
•
http://archie.co.lefferson.co.us/website/aspin/viewer.htm?puery=SCH%20%3D%20%27453354%27&fromATS
&fromATS&vts49vte&vls109vie
Bicycle & Pedestrian Master Plan Website, http://www.ci.wheatridge-co.us/1204/Bicycle-Pedestrian-Master-Plan
From: Kenneth Johnstone[maiIto:kjohnstone@ci.wheatridge.co.us]
Sent: Wednesday, January 07, 2015 10:15 AM
To: Roger Morin (Juno)
Cc: Lauren Mikulak
Subject: RE: Request for Property Line of the Land Used for the Little Learner's Preschool
Mr. Morin,
The maps provided to City Council are generally provided for illustrative purposes to depict at a citywide policy level the
impacts of the proposed legislative action that they would be taking in adopting the draft ordinance. In the event an
actual application would be made for a future marijuana establishment, a more detailed analysis of the buffer and
separation requirements as measured from property lines would need to be made. That analysis would be based on land
uses and property lines at the time of application. That level of analysis is extensive and would require additional review
of property lines, plats, easements, etc. Please note that the parcel lines depicted in the Assessors records are not 100%
accurate and up to date and can differ from City records of parcel/property lines.
For the purposes of the illustrative map we have provided you and will soon be providing again to City Council, we have
used parcel lines as defined by the best available information we have in the City's GIS database.
I acknowledge your opinion that the potential use of the Lena Gulch floodplain area for learning purposes by the early
learning program, by extension may mean that this area should be considered part of the school property. Ignoring the
need to more formally determine parcel boundaries, as discussed above, City staff may disagree on the definition of
what constitutes Parks and Schools grounds. The mere use of property by school children as part of a recognized school,
does not necessarily, by extension make said property a school grounds from which a 1000 foot separation would apply.
Further, the draft ordinance makes a clear distinction between developed parks, schools and more passive public open
space property, such as the Clear Creek greenbelt.
I believe that the Lena Gulch and the associated stormwater detention areas, which are generally much less developed
with trails than the Clear Creek trail corridor, is more clearly in the category of passive recreation.
Please let me know if I can offer further clarification at this time. Thanks.
Ken Johnstone, AICP
Community Development Director
Office Phone: 303-235-2844
City ��f
jAle
-�>MMUNIIY 1)1%'1101%41-N1
From: Roger Morin (Juno) [mailto•roger morin(&juno.com]
Sent: Tuesday, January 06, 2015 10:27 AM
To: Kenneth Johnstone
Cc: Lauren Mikulak
Subject: Request for Property Line of the Land Used for the Little Learner's Preschool
Ken,
Again thanks for the courtesy of calling me yesterday. Per that discussion, I believe we agree that the WRRC hosts the
Little Learners Preschool.
I request the City's determination and/or assessment of the "property line of the land used for [the Little Learner's
Preschool]", with rationale, from which a 1,000 ft separation would be measured, for purposes of enforcing Sec. 11-
415(b) of Ordinance 1523. Thanks.
Vr \Roger Morin
District III
Roger J. Morin
(303) 422-1525 (w); (303) 319-6363 (c)
From: Kenneth Johnstone[mailto:kjohnstoneaci.wheatridge.co.us]
Sent: Monday, January 05, 2015 11:20 AM
To: Roger Morin (Juno) (roger morin(djuno.com)
Cc: Lauren Mikulak
Subject: FW: 1/12 Packet Items: Marijuana ordinances and CAFs
Mr. Morin,
Pursuant to the e-mail you sent to Lauren and me, I've attached updated maps, which will be included in the upcoming
City Council packet for the January 12 first reading of an ordinance amending the City Marijuana regulations. In regards
to the questions in that e-mail, the Rec Center is proposed in the new ordinance to be classified as a City Park requiring
the 1000 foot buffer. Please note that the separation/buffer requirement from daycare facilities applies only to
residential or home-based daycares, not commercially operated day cares.
I'll respond to your related e-mail that came to Patrick and me later today. Thanks.
Ken Johnstone, AICP
Community Development Director
Office Phone: 303-235-2844
ily cel
�, ' W heat I iclge
(_t)MMt1NI1N I)FVII11PN11N1 _
Lauren Mikulak
From:
Kenneth Johnstone
Sent:
Monday, January 05, 2015 3:23 PM
To:
Roger Morin (Juno); Patrick Goff
Cc:
Lauren Mikulak
Subject:
RE: Request for Info on Current Wheat Ridge MJ Grow Operations
Mr. Morin,
See below for additional responses. Thanks.
Ken Johnstone, AICP
Community Development Director
Office Phone: 303-235-2844
-� Cily, of
W heat I�c�e
((1\S�tUNiIY hFVFltlf'MfNI
From: Roger Morin (Juno) [mailto:roger_morin@juno.com]
Sent: Monday, January 05, 2015 6:40 AM
To: Patrick Goff; Kenneth Johnstone
Subject: RE: Request for Info on Current Wheat Ridge MJ Grow Operations
Patrick and/or Ken, regarding Patrick's response from 14 Nov, can you tell me how the City would regulate and/or
enforce the limitation of 5,000 square feet grow operations, as described by proposed MJ ordinances.
• Would you now have to specifically permit areas for grow operations, and know how much grow operation each
facility currently has? The marijuana cultivation would be included in the description of the business as part of
the business/marijuana establishment license, with at a minimum some sort of a written acknowledgment that
the square footage dedicated to cultivation is below the 5000 SF threshold. The portion of the building proposed
for the cultivation activity would need to be depicted on the building permit, so that it could be reviewed for
compliance for applicable building codes.
What would the City do with facilities that currently have a >5000 SF grow operation? (e.g. I think this likely for
"Best Colorado Meds" at 10,020 SF total.) Without conducting additional research, I'm not certain how much of
Best Colorado Meds building area is devoted to cultivation. Regardless, to the extent it exceeds the proposed
limitation, it would be allowed to remain in place as a legally non -conforming use.
Are there other ways citizens can be informed of a "Non -conforming Special Use" facility desiring to expand
their grow operation, than to see a sign on the property, or get a mailer if within a few hundred feet? (e.g. I
think this likely for "Chronic Therapy".) The memo provided to City Council for the upcoming January 12 City
Council describes how staff proposes to provide notification to City Council and the public in the future in
regards to new marijuana establishments or changes to existing MJ establishments. That Council packet will be
available later this week. The draft ordinance proposes to make retail/medical center and stores, including their
cultivation facilities (to the extent those exist or would be proposed) Special Uses in C-1 zoning districts. Under
this new regulatory framework, several locations would become legally non -conforming uses. As such, any
modification or expansion would trigger public notification, in the same manner for any other of various classes
of special uses and other land use applications throughout the City, which is outlined in section 26-109 of the
City Code. Link provided below.
httos://www.municode.com/library/co/wheat ridge/codes/code of ordinances?search Reg uest=%7B%22searchText%2
2:%2226-
109%22,%22 page N u m%22:1
:%2226-
109%22 %22pageNum%22.1 %22resultsPerPage%2225 %22booleanSearch%22•false %22stemming%22:true,%22fuzzv
%22•false %22synonym%22•false%22contentTypes%22•%5B%22CODES%22%5D %22oroductlds%22:%5B%5D%7D&nod
eld=PTIICOLA CH26ZODE ARTIDERE S26-109PUHENOPR
• Would you know or be able to point me to the SF for "Options Med Center" located at 9085 W. 44`h Ave.
Approximately 3500 SF.
• Do you have any other concerns about the 5000 SF ordinance proposal? I think this is more of a policy question
best directed to elected officials.
Thanks. Please call if you have questions, or would rather discuss my questions.
Vr \Roger Morin
District III
Roger J. Morin
(303) 422-1525 (w); (303) 319-6363 (c)
From: Patrick Goff [mai Ito: pgoff ci wheatridge-co.us]
Sent: Friday, November 14, 2014 11:02 AM
To: roger morin(&juno.com; Kenneth Johnstone
Subject: RE: Request for Info on Current Wheat Ridge MJ Grow Operations
Mr. Morin,
Please see my responses below.
Thank you
Patrick Goff
City Manager
Office Phone: 303-235-2805
Cell Phone: 303-995-6465
Fax: 303-235-2805
C it} cel
/W heat R 4d1ge
Y MANAGI'R'S OFFI( i
From: roger morin(a>juno.com [mailto•rocier morin iuno.com]
Sent: Friday, November 14, 2014 10:45 AM
To: Patrick Goff; Kenneth Johnstone
Subject: Request for Info on Current Wheat Ridge MJ Grow Operations
Mr. Goff, Mr. Johnstone,
I am preparing for the 1 Dec MJ Study Session, and am writing to request some information.
According to the map "MJ Related Businesses" on the WR web site, we have 4 facilities with grow operations.
Do we in fact have 4 grow operations, or 5? There are currently 4 MJ establishments with grow
(cultivation) licenses.
What is the square footage of each grow operation? The City does not collect building square footage
information but the following have either but submitted by the business or were found in other records.
These square footages also include total space for the cultivation operation and any other MJ operation
the business may conduct (MIP, dispensary, etc.) Chronic Therapy is 5,000 sq. ft.; Boulder Organic is
7,500 sq. ft.; Best Colorado Meds is 2,184 and 10,020 sq. ft.
Does a MJ facility have to be licensed for a certain area of grow operation? There is a specific license
required for cultivation of MJ. It is allowed in the C-1 and I -E zone districts of the City.
Also, would you know the "MJ yield" of each grow operation, for example a certain number of lbs per square
foot per year. Thank you. The City does not have access to this information.
yr \\Roger Morin
District III
Lauren Mikulak
From: JENNIFER YATES <brianjennifer49@msn.com>
Sent: Monday, December 08, 2014 12:23 PM
To: Joyce Jay; Jerry DiTullio; Zachary Urban; Kristi Davis; Tim Fitzgerald; George Pond,-
Genevieve
ond;Genevieve Wooden; Tracy Langworthy; Patrick Goff; Daniel Brennan; Lauren Mikulak;
Meredith Reckert; Sara White; Joshua Botts; Kenneth Johnstone; gdahl@mdkrlaw.com
Cc: jennifer shepherd; kellybrooks_01@hotmail.com; davidSytsma@comcast.net
Subject: Additional MJ Ordinance
Good Afternoon,
I want to first thank the city for closing 3 Kings Dob Supply on W44th Ave. It is my
understanding however, that 3 Kings Dab Supply will be trying to again activate their retail
license to operate tomorrow, hoping to reopen as soon as Wednesday.
I would like to see council propose and additional marijuana ordinance. Consumption should not
be allowed on any Commercial or Industrial zoned properties within the City of Wheat
Ridge. I'm not sure how Amendment 64 reads but it seems to me that if public consumption is
not allowed and the city is able to dictate regulations for marijuana policies, there should be
away to write an ordinance.
This would hopefully close the loop hole that 3 Kings is trying to use, stating it is "private
property", and stop any potential sites from poping up. There will be more if Three Kings is
allowed to operate. This would also to protect other business owners. A number of commercial
and industrial properties are in connected buildings/spaces. I do not believe the smell of
marijuana comsumption is acceptable for a business owner when dealing with their
customers/clients and employees.
Jennifer Yates
I
Lauren Mikulak
From: JDT01 <jdt01@comcast.net>
Sent: Saturday, November 08, 2014 9:28 AM
To: JDiTullio Home; 'JENNIFER YATES',- Joyce Jay; Bud Starker; Zachary Urban; Kristi Davis,-
Tim
avis;Tim Fitzgerald; George Pond; Genevieve Wooden; Tracy Langworthy; Daniel Brennan,-
Lauren
rennan;Lauren Mikulak; Kenneth Johnstone; elaine_morin@juno.com
Cc: 'Jennifer shepherd'; kellybrooks_01@hotmail.com; roger morin@juno.com; 'Steve and
Denise Miller'; guy@nostaigichomes.com; asakker76@gmail.com;
cotransport@yahoo.com; Jerry Dahl; Patrick Goff
Subject: RE: 38th and Miller
Hello Everyone,
I have been reviewing the "10 points of light" regarding marijuana (MJ) establishments that was
drafted by some members of Council and presented under Elected Official Matters a few weeks
ago. It's my understanding that we are going to review them on December 1 st. it's unfortunate that
the "10 points of light" are really there to address one location - 38th and Miller - which has not even
been discussed or approved by the City. At best, the recommendations are cumbersome and
convoluted.
The Police Chief stated under his last MJ presentation that the current MJ establishments have not
experienced any more crime that liquor stores. So again, we are drafting public policy for one
location - 38th and Miller. This is the elephant in the room.
Rather than trying to kill a fly with a shot gun (38th and Miller) and beat a dead horse over and over
again, I recommend the following:
1. Extend the current moratorium until after the 2015 election (as I had requested before)
2. Send retail sales of MJ to the voters of WR in 2015 and ask them if they want to continue with
retails sales in the WR
If the voters say "YES", we implement the Special Use Permit process.
If the voters say "NO", once a current shop closes they are closed for good. No new
applications would be allowed in the future.
Obviously the details of the election and the processes (pass or fail) would need to be worked out by
City Council and staff ahead of time so we are not passing public policy by the seat of our pants.
Please do not "Reply All" if you have a question or comment. That would create an illegal
meeting by email. Please feel free to call me at 720-253-6785 (cell) or email me individually to
brainstorm.
Jerry DiTullio
Wheat Ridge City Council, District 1
7500 W. 29th Ave.
Wheat Ridge, Colorado 80033
Office Phone: 303.231.1392
www.ci.wheatridge.co.us
www.ierrydituilio.com
"Better to keep your mouth closed and be thought a fool than to open it and remove all doubt. " Mark
Twain and others
"Too often we enjoy the comfort of opinion without the discomfort of thought. " John F. Kennedy
ON of
W heat Edge
OFFICE OF THE MAYOR
AND CITY COUNCII
CONFIDENTL-1LITY NOTICE: 'Phis 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 by e-mail, attaching
the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank
you.
From: JDT01 [mailto:jdt01@comcast.net]
Sent: Thursday, November 06, 2014 5:02 PM
To: 'Patrick Goff; 'JENNIFER YATES'; 'Joyce Jay'; 'Bud Starker'; 'Jerry DiTullid; 'Zachary Urban'; 'Kristi Davis'; 'Tim
Fitzgerald; 'George Pond'; 'Genevieve Wooden'; 'Tracy Langworthy'; 'Daniel Brennan'; 'Lauren Mikulak'; 'Meredith
Reckert'; 'Sara White'; 'Joshua Botts'; 'Kenneth Johnstone'; 'Dave Brossman'; 'Steve Nguyen'; 'Mark Westberg'; 'Scott
Brink'; 'elaine_morin@juno.com'
Cc: 'Jennifer shepherd'; 'kellybrooks_01@hotmail.com'; 'roger, morin@juno.com'; 'Steve and Denise Miller';
guy@nostalgichomes.com'; 'asakker76@gmail.com'
Subject: RE: 38th and Miller
Jennifer,
With all due respect, you are looking for a smoking gun and it's not there. As one member of City
Council, do you really think that I would support any type of shenanigans by elected officials or
staff? I hope you don't.
Thanks.
Jerry DiTullio
Wheat Ridge City Council, District 1
7500 W. 29th Ave.
Wheat Ridge, Colorado 80033
Office Phone: 303.231.1392
www.ci.wheatridge.co.us
www.*erryditullio.com
"Better to keep your mouth closed and be thought a fool than to open it and remove all doubt." Mark
Twain and others
"Too often we enjoy the comfort of opinion without the discomfort of thought. " John F. Kennedy
ON, of
W heat tWge
OFFICE OF THE MAYOR
AND CITY COUNCIL
CONFIDENTLNLITY 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 by e-mail, attaching
the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank
you.
From: Patrick Goff [mailto:pgoffCa ci.wheatridge.co us]
Sent: Thursday, November 06, 2014 2:14 PM
To: JENNIFER YATES; Joyce Jay; Bud Starker; Jerry DiTullio; Zachary Urban; Kristi Davis; Tim Fitzgerald; George Pond;
Genevieve Wooden; Tracy Langworthy; Daniel Brennan; Lauren Mikulak; Meredith Reckert; Sara White; Joshua Botts;
Kenneth Johnstone; Dave Brossman; Steve Nguyen; Mark Westberg; Scott Brink; elaine morinC&juno.com
Cc: jennifer shepherd; kellybrooks 01(a)hotmail.com; roger morins juno.com; Steve and Denise Miller;
guy@nostalgichomes.com; asakker76(aDgmail.com
Subject: RE: 38th and Miller
Ms. Yates,
Just to clarify again, no "approvals" are given during pre -application meetings. The purpose of these meetings is to
communicate with potential developers what is and what isn't allowed under current city codes and regulations. It's
staffs job to enforce these codes and regulations based on City Council policy direction.
Thank you
Patrick Goff
City Manager
Office Phone: 303-235-2805
Cell Phone: 303-995-6465
Fax: 303-235-2805
• City of
Wheat idl,
From: JENNIFER YATES[mailto:brianiennifer49Cabmsn.com]
Sent: Thursday, November 06, 2014 9:46 AM
To: Joyce Jay; Bud Starker; Jerry DiTullio; Zachary Urban; Kristi Davis; Tim Fitzgerald; George Pond; Genevieve Wooden;
Tracy Langworthy; Patrick Goff; Daniel Brennan; Lauren Mikulak; Meredith Reckert; Sara White; Joshua Botts; Kenneth
Johnstone; Dave Brossman; Steve Nguyen; Mark Westberg; Scott Brink; elaine morin(a)juno.com
Cc: jennifer shepherd; kellybrooks 01Caahotmail.com: roger morinCajuno.com; Steve and Denise Miller;
guy0nostalgichomes.com; asakker760cimail.com
Subject: 38th and Miller
Good Morning,
On October 27th the false rumors were put to rest. There is a real pre -applicant that was
and still is very serious about building a Multi Story Mega marijuana facility at 38th and Miller,
along with additional property. One can only assume that would be the horse property across
Miller Street. There were plans for a 5247sq. ft. building, then a 10,000+ sq. ft. building, and
now a building with a basement has been added to the proposed facility. It seems that
the plans kept growing as pre -approval was assumed.
The property at 38th and Miller St. is now owned by Gypsy Real Estate of 2215 Cherry Hills
Farm Dr. Englewood, CO. as of July 31, 2014. Gypsy Real Estate Articles of Organization were
filed by Kimia Mahmoodi, also of 2215 Cherry Hills Farm Drive, on April 29, 2014. The property
at 2215 Cherry Hills Farm Drive is a luxury home in Cherry Hills worth 1,480,000 at its last
appraisal on August 9, 2012.
I have heard that the owner said that he mortgaged his home to purchase the property. I
can find no record of that. The last filed document is a warranty deed from August 9, 2012,
in the amount of $1,480,000. There is no one poor person who mortgaged their home to
purchase this property. There are at least 4 people involved with this plan, along with two
businesses. Babak Behzadzadeh and Sam Nekouie both attended the Pre -Application Meeting
and Kimia Mahmoodi and Seyedah Mahmoudi were party to the purchase by Gypsy Real
Estate. All are tied to RX Systems Solutions of 7887 E Belleview Ave, Suite 1100, Denver CO.
http://www.rxsystemsolutions.com/ .
They say the city changed the rules of the game after he did everything the city asked. As
we have been told many times, there has been no application submitted for
the property. Therefore there were no rules to change. The city has the right to allow or
disallow marijuana facilities. The citizens of Wheat Ridge have the right to decide what is
right for the future of their city.
Marijuana is a Schedule One substance which is illegal to sell and or posses according to
Federal law. As a pharmacist and someone in the pharmacutical business, Babak and his
partners, would know this. They would also know that with any business endever there are
risks. Their concern of a public hearing speaks volumes to the knowledge that there was a risk
this may not be a favorable business for our neighborhood.
I am as thrilled as most that U -Pump It is gone, however, a marijuana facility is not the right
replacement. A marijuana facility does not add value to our community. I do believe that once
construction is underway at 38th and Kipling and progress can be seen, the property at 38th
and Miller will be valuable for a different, more appropriate retail application.
Please do not let the greed of a few outweigh the needs of the many that live in our
community. Please keep working to control the size and number of additional marijuana
facilities. I truly believe that 5 or 10 years from now, when this experiment has gone terribly
wrong, the Wheat Ridge community will thank you for your insight.
Jennifer Yates
4
City of
wheat �dge
ADMINISTRATIVE SERVICES
City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F:
303.234.5924
October 29, 2014
Mr. Jonathan Cooper, et al
EBBU, LLC
891 14`h Street
Denver, CO 80202
Re: Application for a retail marijuana infused products manufacturer's license at 4980 Kipling Street, A14-17
Dear Mr. Cooper:
In follow up to our recent phone conversation on Saturday, October 25, 2014, the purpose of this letter it to
provide formal notification that the additional application for a license for the manufacture of retail
(recreational) marijuana infused products that was submitted by email on June 18, 2014 will not be processed
because it was submitted subsequent to the moratorium imposed by Ordinance 1546 upon the "submission,
acceptance, processing and approval" of such applications. Because it was submitted during a moratorium, City
staff was without the authority to properly accept the application. That application is therefore rejected and your
check for the retail marijuana products manufacturer's license operating fee is enclosed along with a copy of the
ordinance for your reference.
Additionally, as you may be aware, there currently remains a moratorium in place on the submission and
processing of all types of applications related to marijuana -related businesses pursuant to subsequent ordinances
of the City Council. Of course, you and other interested parties may properly file applications concerning
marijuana -related businesses when any moratorium period(s) expire or are otherwise lifted by the Council.
Please be aware that the City's current zoning laws permit marijuana product manufacturing activities (both
medical and retail) in an I -E zone district within the City. In regard to your location at 4980 Kipling Street,
when you filed your application for a medical infused products manufacturing license, the laws in effect at the
time permitted the activity in both C-1 and I -E zoned districts within the City. Because of that change in the
zoning laws, the medical marijuana infused manufacturing activity at that location is considered a permissible
and lawful non -conforming use for the duration of the license. For additional information about non-
conforming uses, please refer to section 26-120 of the Wheat Ridge Code of Laws.
If you have additional questions, please feel free to contact me.
Respectfully,
Kathy Franklin
Sales Tax Supervisor
(303)235-2825
kfranklin@ci.wheatridge.co.us
Enclosures
www.ci.wheatridge.co.us
Marijuana Regulations in Wheat Ridge
Summary Timeline of public meetings
Prepared August 21, 2014, by Ken Johnstone
• Ordinance enacting a temporary moratorium on the processing of any medical marijuana
applications
o Emergency ordinance adopted September 2009
• Ordinance extending a temporn moratorium on all a lications for medical mari'uana
establishments
o City Council (CC) 1" Reading — June 14, 2010
o CC Public Hearing — June 8, 2010
• Ordinance adopting regulations pertaining to medical marijuana establishments
o CC Study Session — June 7, 2010
o Planning Commission (PC) public hearing — June 17, 2010
o CC 1 S' Reading — February 28, 2011
o CC Public Hearing— March 14, 2011
• City Council motion establishing fees for medical marijuana— March 28, 2011
• Ordinance pertaining to the possession and use of marijuana
o CC Is' Reading— January 14, 2013
o CC Public Hearing — January 28, 2013
• Temporary moratorium on the processing of all marijuana (retail and medical) related
applications, effective through November 1 2013
o CC I S' Reading — March 25, 2013
o CC Public Hearing — April 8, 2013
• Ordinance adopting regulations pertaining to recreational/retail marijuana includiLig
manufacturing of infused products
o CC Study Session — July 26, 2013
o PC Public Hearing — September 19, 2013
o CC Is' Reading —September 9, 2013
o CC Public Hearing — October 14, 2013
• Discussion of retail marijuana license fees
o City Council study session — January 29, 2014
• Ordinance placing a temporary moratorium on the processing of applications for
marijuana infused products manufacturing
o CC Public Hearing (emergency ordinance) — April 28, 2014
Two Ordinances: 1) an ordinance amending the City's regulations pertaining to the
manufacturing of marijuana infused products; and 2) and ordinance amending the City's
regulations pertaining to the residential cultivation of marijuana (recreational and
medical
o CC Study Session — May 19, 2014
o PC Hearing — June 19, 2014
o CC 1St Reading— June 9, 2014
o CC Public Hearing — June 23, 2014
• Ordinance adopting International building codes including regulations pertaining to the
containment of marijuana cultivation and processing odors
o CC Study Session — August 18, 2014
o CC 1" Reading— September 8, 2014 (tentative)
• Ordinance placing a temporary moratorium on the processing of all applications for new
marijuana establishments
o CC Public Hearing — August 18, 2014
A total of 19 opportunities for public comments at public meetings, not counting 1" readings.
0a
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26TH AVE
■
DISCLAIMER NOTICE:
■
This is a pictorial representation of geographic and demographic information Reliance
upon the accuracy. reliability and authoniy of this into rmation is solely requestor's
responsibility The City of Wheal 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 of
T
concern only The computerized information provided should only be relied upon with
`7Vheat
corroboration of the methods. assumptions and results by a qualified independent
_�{'`
source. The user of this inlormalion shall indemnify and hold free the City of Wheat
City of Wheat Ridge, Colorado
Ridge from any and all liabilities, damages 1—trots and causes of action that result
7500 West 29th Avenue
as a consequence of his reliance on Information provided herein
Wheat Ridge, CO 80033-8001
Data Sources City of Wheat Ridge, Jegco Public Schools
303.234.5900
Colorado Dept of Human Services greatschooh org
Creased December 1. 2014
Created by Lauren Mikulak. Senior Planner
E�
26TH AVE
■
Marijuana center/store
■
Separation buffer (3/4 mile)
Separation buffer (3/4 mile)
City limits
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■ o DENVER
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EDGEWATER
. Schools
. Drug treatment centers
■ Home-based daycare
■ Parks
■ Commercial -One (C-1)
■ Industrial -Employment (I -E)
0 0.25 0.5 075 1 Miles N
0 1.320 2,640 3960 5280 Feet A
Medical Marijuana Centers
and
Retail Marijuana Stores
This map shows the businesses and land uses
related to the draft ordinance included in the
December 1 study session packet.
EXISTING DISPENSARIES:: This map shows
the locations of the five (5) active medical
marijuana centers and retail marijuana stores
as of December 1, 2014. All but one will
become a legally nonconforming location
based on the draft ordinance-, see below.
BUFFERS :: The Municipal Code requires a
3/4 -mile separation between centers/stores.
These are indicated by the larger gray circles.
This separation requirement applies to
businesses located not only in Wheat Ridge,
but also in neighboring communities. As of
October there were existing marijuana
centers/stores in 2014 Denver, Mountain View,
Edgewater and Lakewood that make
properties in Wheat Ridge ineligible.
OTHER LAND USES:: This map also shows
four sensitive land uses: schools, drug
treatment centers, home-based day cares and
developed parks and recreation facilities.
Marijuana businesses have not previously
been subject to a separation from parks. The
draft ordinance proposes to add parks and
proposes to measure the separations from
these four land uses as the crow flies. In the
past they have been measured as the
pedestrian travels. The smaller circles
indicate the 1000 -foot buffer.
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 centers/stores are
permitted uses.
STATUS OF EXISTING BUSINESS:-. Below is
a summary of how the draft ordinance would
affect each of the five existing marijuana
centers/stores:
A:: Would remain a conforming location.
B:: Would become legally nonconforming
based on as -the -crow -flies measurement.
C :: Would become legally nonconforming
based on proximity to parks.
D:: Would become legally nonconforming
based on proximity to parks.
E:: Would become legally nonconforming
based on proximity to parks.
Retail and Medical
Marijuana Infused Product (MIP)
Manufacturers
This map shows the businesses and land uses
related to marijuana infused product (MIP)
manufacturers.
EXISTING/PENDING MANUFACTURERS::
The map shows the locations of the three (3)
active or pending MIP manufacturers as of
December 1, 2014.
BUFFERS :: The Municipal Code requires a
1/4 -mile separation between manufacturing
facilities.
OTHER LAND USES:-. Marijuana product
manufacturers are not subject to separations
from other land uses. For reference only, this
map shows the locations of schools, drug
treatment centers, home-based day cares, and
developed parks and recreation facilities.
ZONING :: Only one zone district is shows on
this map becuase marijuana product
manufacturers are only permitted in the
Industrial -Employment (I -E) zone district.
STATUS OF EXISTING BUSINESS:: Below is
a summary of how the draft ordinance would
affect each of the three existing and pending
product manufacturers:
X :: Location is already legally nonconforming
(zoned C-1), but would be allowed to add
retail license to pending medical license.
Y :: No impact; location is already legally
nonconforming (zoned C-1) and already
has medical and retail licenses.
Z :: No impact; location is already legally
nonconforming (zoned C-1) and already
has medical and retail licenses.
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LAKEWOOD
.
DISCLAIMER NOTICE:
■
This is a pictorial representation of geographic and demographic Information. Rafe—
upon the accuracy, re Lability and authority of this information is solely requestiv s
-�
responsibilry. The Cay 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 m identifying general areas of
concern only The computerized information provided should only be relied upon with
WheatR�dge
corroboration of the methods, assumptions and results by a qualified independent
source. The user of this information shall indemnity and hold free the Cay of Wheal
City of Wheat Ridge, Colorado
Ridge from any and all liabilities damages, lewsuds, and causes of action that result
7500 West 29th Avenue
as a consequence of his reliance on information provided herein
Wheat Ridge. CO 80033-8001
Data Sources City of Wheat Ridge. Jeffco Public Schools.
303.234 5900
Colorado Dept of Human Services greatschools org
Created December 1 2014
Created by Lauren f, ikulak Senior Planner
.
Marijuana center/store
■
Separation buffer (3/4 mile)
Separation buffer (3/4 mile)
City limits
■
Schools
■
Drug treatment centers
Home-based daycare
Parks
_ •
mTN
VIEWt
K
a
I
r EDGEWATER
,I
Commercial -One (C-1)
■ Industrial -Employment (I -E)
DENVER
0 025 05 075 1 Miles
0 1 320 2640 3960 5280 Feet
Medical Marijuana Centers
and
Retail Marijuana Stores
This map shows the businesses and land uses
related to the draft ordinance included in the
December 1 study session packet.
EXISTING DISPENSARIES:: This map shows
the locations of the five (5) active medical
marijuana centers and retail marijuana stores
as of December 1, 2014. All but one will
become a legally nonconforming location
based on the draft ordinance, see below.
BUFFERS :: The Municipal Code requires a
3/4 -mile separation between centers/stores.
These are indicated by the larger gray circles.
This separation requirement applies to
businesses located not only in Wheat Ridge,
but also in neighboring communities. As of
October there were existing marijuana
centers/stores in 2014 Denver, Mountain View,
Edgewater and Lakewood that make
properties in Wheat Ridge ineligible.
OTHER LAND USES :: This map also shows
four sensitive land uses: schools, drug
treatment centers. home-based day cares and
developed parks and recreation facilities.
Marijuana businesses have not previously
been subject to a separation from parks. The
draft ordinance proposes to add parks and
proposes to measure the separations from
these four land uses as the crow flies. In the
past they have been measured as the
pedestrian travels. The smaller circles
indicate the 1000 -foot buffer.
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 centers/stores are
permitted uses.
STATUS OF EXISTING BUSINESS:: Below is
a summary of how the draft ordinance would
affect each of the five existing marijuana
centers/stores:
A:: Would remain a conforming location.
B :: Would become legally nonconforming
based on as -the -crow -flies measurement.
C : Would become legally nonconforming
based on proximity to parks.
D :: Would become legally nonconforming
based on proximity to parks.
AN E :: Would become legally nonconforming
based on proximity to parks.
►�i
Ciiy of
WheatNige
PLANNING COMMISSION
Minutes of Meeting
January 15, 2015
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present: Anne Brinkman
Alan Bucknam
Emery Dorsey
Donna Kimsey
Scott Ohm
Steve Timms
Amanda Weaver
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Senior Planner
Sara White, Planner II
Meredith Reckert, Senior Planner
Kim Waggoner, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE REVISED AGENDA
It was moved by Commissioner TIMMS and seconded by Commissioner OHM to
modify the agenda to read Resolution 01-2015 under Other Items.
Motion carried 7-0.
5. APPROVAL OF MINUTES — December 18, 2014
It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM
to approve the minutes of December 18, 2014, as written. Motion carried 6-0-1 with
Commissioner WEAVER abstaining.
Planning Commission Minutes
January 15, 2015
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. ZOA-14-06:
Ms. Mikulak presented the case. She entered into the record the contents of the case file,
the zoning ordinance, the draft ordinance and the digital presentation. She stated the
public noticing and posting requirements have been met. Planning Commission will
make a recommendation to City Council which is the final authority. She stated that the
ordinance includes revisions to several chapters of the municipal code; Planning
Commission has jurisdiction over the amendments in Chapter 26. The purpose of the
amendment is to implement a cap on stores (5) and infused product manufacturers (3) in
the City; to modify the approval process for new stores in the future and to review all
types of signage, permanent and temporary. During the presentation Ms. Mikulak
distributed one page of proposed amendments that had been prepared by the City
Attorney's office. These were entered into the record as Exhibit A.
After the staff presentation, Commissioner OHM asked if the modifications to Chapter 5
and to the building codes are consistent with state requirements for building safety. Ms.
Mikulak indicated that the 2012 IBC codes included local amendments related to
ventilation for marijuana businesses that go beyond state requirements.
In response to a question from Commissioner TIMMS, Ms. Mikulak indicated that the
policy decision to make marijuana stores a special use had been discussed at the
December 1 City Council study session. In response to another question from
Commissioner TIMMS, she did not know what the vote of Council had been at the first
reading of the ordinance.
Commissioner WEAVER asked why the cap had been set at five stores. Ms. Mikulak
stated that the cap of five aligns with the existing conditions, and noted that the
moratorium had been instituted when there were public concerns over the potential
opening of a sixth location. Commissioner WEAVER asked if there was a similar cap for
liquor stores, to which Ms. Mikulak responded she was not aware of such a limit.
Commissioner BUCKNAM asked for clarity on why marijuana -related advertising is
subject to restrictive sign regulations and asked if these regulations were optional or
mandated by the state. Ms. Mikulak explained the City Attorney has opined that
municipalities can regulate the content, words, and images appearing in marijuana related
signage, but cities have the option of locally adopting such regulations.
Commissioner BUCKNAM expressed concern that marijuana related businesses were
being regulated differently and more strictly than liquor stores. He noted that that
Planning Commission Minutes -2—
January
2—
January 15, 2015
separation from parks and the aerial measurement method created a more exclusionary
environment. In response to his question, Ms. Mikulak indicated that the new separation
from parks was based on public concerns and the proximity between marijuana stores and
places where children congregate.
Chair BRINKMAN asked again for clarity on which sign regulations were mandated by
the state and asked why they were being adopted locally. Ms. Mikulak explained that the
state did not appear to have the resources to enforce all sign -related regulations. By
adopting this language locally, there is clear jurisdiction for the City to enforce these
regulations.
In response to a question from Chair BRINKMAN, Ms. Mikulak indicated that the parks
separation does not consider whether or not a park property was purchased with GOCO
funds.
Chair BRINKMAN asked staff to clarify which of the existing stores would become
nonconforming. Ms. Mikulak clarified that the store in the northwest corner of the City
would remain conforming because it is zoned I -E; the other four stores would become
legally nonconforming. In response to another question, she also confirmed that if a
property rezoned from C-1 to a mixed use district they would no longer be an eligible site
for a marijuana -related business.
Chair BRINKMAN asked staff to explain why stores in other municipalities affect Wheat
Ridge and if the map showing separations would be changed or codified. Ms. Mikulak
explained that the 3/ -mile buffer was a locally adopted separation requirement included in
the original 2011 regulations. The original intent of the separation was to reduce the
density of these stores, and for this reason it has always been measured against stores
within and outside of the City limits. The map included with the packet is for illustrative
purposes only. It will change as businesses open and close; it is not being codified.
Chair BRINKMAN opened the public hearing. No one wished to speak.
Chair BRINKMAN closed the public hearing
It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY
to recommend approval of the proposed ordinance amending Chapters 5, 11, and 26
of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana
establishments and retail marijuana establishments with the amendments as shown
in Exhibit A.
Commissioner BUCKNAM expressed his concern that there is a disparity in the
regulation of liquor stores and marijuana businesses given that both are regulated
controlled substances. He indicated his acceptance of the separation requirement already
codified, but expressed disagreement with the proposed separation from parks and
recreation facilities that effectively eliminate all eligible locations.
Planning Commission Minutes -3—
January
3January 15, 2015
PPT for 4/2 CC SS
ZOA-14-06 /
Marijuana Establishments
Planning Commission
Public Hearing
January 15, 2015
Existing Regulations
• Allow 4 types of establishments:
— store/center — product manufacturer
— cultivation — testing facility
• Medical or Retail (aka recreational)
• Tax & Licensing Division is licensing authority
• No standalone grow operations
• Stores are limited to C-1 and I -E zone districts
• Store buffers: 1000 -foot and %-mile
• Collocation permitted
/9'WI- o IQ I!,
Proposed — Chapter 26
Medical MJ Centers
S
P
Medical MJ Center—Grow
S
P
Medical MJ Manufacturer
P
Medical MJ Manufacturer—Grow
P
Retail MJ Store
S
P
Retail MJ Store —Grow
S
P
Retail MJ Manufacturer
P
Retail M1 Manufacturer—Grow
P
1/29/2016
Background — Local Regs
2011 Medical marijuana regulations adopted
2013 Retail marijuana regulations adopted
2014 June - Manufacturing regulations modified
Aug 18 - Moratorium on all M1 businesses
Oct 27 - Moratorium extended
Dec 1 - CC study session
2015 Mar 17 - Moratorium set to expire
;Orwi„ ti4k
Proposed — Chapter 11
• Limit of S stores and 3 manufacturers
• 1000 -ft separation from parks/rec center
— Schools, home-based daycares, drug treatment
• 1000 -ft separation measured aerially
• Cultivation limited to 5,000 sf in size
• Lottery process for vacancy
• Sign regulations
Proposed — Chapter 26
• SUP term
— Typically valid for 12 months after use ceases
— SUP valid for only 6 months after MJ use ceases
• SUP transfers
—Typically no review of transfer
—Transfer of MJ SUP would be reviewed
• Signs
—Typically don't review temporary signs
— MJ business will require review of all signs,
permanent and temporary
//wi, ;ri�,Lig.
1
PPT for 4/2 CC SS
Amendments
Items 6 and 7 in Exhibit A:
• 5,000 combined totol square foot maximum for
cultivation of medical and/or retail MJ
• Section 26-120 (Nonconforming uses)
—12 months reduced to 6 months for MJ uses
— "Nonconforming medical marijuana establishment
uses and retail marijuana establishment uses may
not resume in the same location after such
nonconforming use has been discontinued for a
period of six (6) consecutive months"
wi..;. i�,. Ig,
Recommendation
• Staff recommends APPROVAL of the proposed
ordinance with amendments
• City Council public hearing on January 26
1 /29/2016
What if...
• Existing 5 stores remain
• 1 or more stores close
— Can be reopened within 6 months by another
operator; new operator reviewed thru licensing
— If not reopened, lottery process commences, SUP
approval required if new location is zoned C-1
• Existing store wants to expand
— Subject to SUP review if location is zoned C-1
— Cannot expand if legally nonconforming in terms of
separation requirements
//Wfz• LI41+
2
' City of
Wheat edge PLANNING COMMISSION
COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: January 15, 2015
TITLE: AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING THE
REGULATION OF MEDICAL MARIJUANA ESTABLISHMENTS
AND RETAIL MARIJUANA ESTABLISHMENTS
CASE NO. ZOA-14-06
® PUBLIC HEARING ® CODE CHANGE ORDINANCE \ J
Case Manager: Ken Johnstone, Community Development Director
Lauren Mikulak, Senior Planner
Date of Preparation: January 5, 2015
SUMMARY:
Since August 2014, the City has been operating under a temporary moratorium which restricts the
processing and approval of applications for any new marijuana -related business. The moratorium
was imposed for the purpose of allowing City Council to review and evaluate existing marijuana
regulations.
The enclosed ordinance was prepared by the City Attorney's Office. The ordinance continues to
allow medical and retail marijuana establishments, but it imposes additional restrictions on the
permitted locations and total number allowed in the City. Amendments affect Chapter 11 and
Chapter 26 of the municipal code. Because the Zoning and Development Code is proposed to be
modified, the Planning Commission has jurisdiction to review the ordinance and provide a
recommendation. Notice for this public hearing was provided as required by the Code of Laws.
BACKGROUND:
In 2011 and 2013, respectively, the City Council adopted local regulations governing medical and
retail marijuana businesses. These codes require businesses to obtain local and state licenses, and
they impose limitations on where such businesses may locate within the City. A series of
moratoriums and code amendments have refined the local regulatory framework over the last
several years as the City has gained experience in the regulation of marijuana -related businesses.
In August 2014, citizens expressed concerns over the permitted locations for marijuana sales. As a
result, City Council determined it was appropriate and necessary to evaluate the existing marijuana
regulations.
ZOA-14-06 / Medical and Retail Marijuana
The moratorium that is currently in effect was originally enacted on August 18, 2014 (Ordinance
No. 1554), ill it was extended on October 27, 2014 (Ordinance No. 1560 City Council
discussed a draft version of the attached ordinance at a study session on De ember 1, 2014.
STATEMENT OF THE ISSUES:
V_1
Chapter I I Proposed Amendments
Medical and retail marijuana businesses have been and continue to be regulated under the same
framework but in separate articles in Chapter 11 of the City Code (Licenses, permits and
miscellaneous business regulations). The proposed ordinance mainly affects Chapter 11 by
amending Articles XII and XIII related to medical and retail marijuana, respectively. A summary
of Chapter 11 modifications is provided below:
• A requirement for a sign package submittal has been added to other submittal
requirements. All permanent and temporary signs are subject to staff review to confirm
consistency with local and state regulations (Sections 11-296 and 11-406).
• A cap is established which allows no more than five (5) sales locations (retail marijuana
stores or medical marijuana centers) and no more than three (3) marijuana infused product
manufacturer locations. Collocated facilities count as one location (Sections 11-298 and
11-408). For reference, this cap matches the number of existing locations.
• A lottery process and associated timelines are established for processing new applications
should an opening occur (Sections 11-298 and 11-408).
• A separation requirement between sales locations and City parks, including the Wheat
Ridge Recreation Center, is added to the existing 1000 -foot separations from schools,
residential daycares, and drug treatment centers (Sections 11-305 and 11-416).
• The measurement method for 1000 -foot separations is changed to a direct aerial
measurement ("as the crow flies") instead of a "direct pedestrian route" measurement
(Sections 11-305 and 11-416).
• Cultivation facilities are limited to 5,000 square feet in size (Sections 11-305 and 11-416).
�) It should be noted that potential odor impacts are addressed through local amendments to
the 2012 International Building and Mechanical Codes, adopted last year and effective
December 1, 2014.
• Language from state regulations concerning signage is added (Sections l 1-306 and 11-
417).
Chapter 26 Proposed Amendments
The regulations listed above will all be incorporated into Chapter 11 of the City Code, and
complementary changes are proposed in Chapter 26 (Zoning and development code). These
changes are summarized below:
• The permitted use chart (Section 26-204) is modified such that medical marijuana centers
and retail marijuana stores are now considered special uses in the C-1 zone district instead
of permitted uses. This change is based on policy direction from City Council. It should
be noted that based on existing provisions in the zoning code, all existing sales locations
will be considered legally nonconforming and will only require a special use permit if they
are expanded.
ZOA-14-061 Medical and Retail Marijuana 2
131
• A cross-reference note is added to the permitted use chart regarding the 5,000 -square foot
maximum size for cultivation facilities.
• Language is added to Section 26-114 (special uses) that clarifies the tern and
transferability of an approved special use permit (SUP). Instead of the standard one year, a
marijuana -related SUP expires after six months if it ceases operations. SUP approval may
be transferred to a new owner or entity, but any transfer of a marijuana -related SUP is
subject to review by the Community Development Director.
0 All temporary and permanent signage for marijuana -related businesses is subject to review,
and a statement to this effect is added to the sign code (Section 26-708).
Chapter 5 Proposed Amendments
The ordinance also includes a single modification to Chapter 5 (Buildings and building
regulations). When the 2012 International Building Codes were adopted last year (effective
December 1, 2014), local amendments were made relating to marijuana occupancies. The
proposed ordinance clarifies the applicability of the marijuana -related building code regulations.
RECOMMENDED MOTION:
Staff recommends that Planning Commission adopt the following motion:
"I move to recommend approval of the proposed ordinance amending Chapters 5, 11, and 26 of the
Wheat Ridge Code of Laws concerning the regulation of medical marijuana establishments and
retail marijuana establishments."
Exhibits
1. Proposed ordinance
2. Map depicting existing marijuana establishments
ZOA-14-06 / Medical and Retail Marijuana
EXHIBIT A
Second Reading Amendments
Council Bill No. 2, Series 2015 — Marijuana Establishment Regulations
1. In Section 3, amend the last line of Subsection 11-305(e) to read:
THE TOTAL COMBINED GROSS SQUARE FOOTAGE OF AN OPTIONAL
PREMISES CULTIVATION OPERATION AND ANY RETAIL MARIJUANA
CULTIVATION FACILITY COLLOCATED THEREWITH MAY NOT EXCEED
FIVE THOUSAND (5,000) SQUARE FEET ON THE LICENSED PREMISE.
SEE, SECTION 26-204.
2. In Section 4, amend Subsection 11-306(b) by deleting the words "WITHOUT THE
CONSENT OF THE PROPERTY OWNER."
3. In Section 5, amend Subsection 11-406(b) by deleting the word "Medical" and
replacing it with "RETAIL."
4. In Section 7, amend the last line of Subsection 11-416(f) to read:
THE TOTAL COMBINED GROSS SQUARE FOOTAGE OF A RETAIL
MARIJUANA CULTIVATION FACILITY AND ANY OPTIONAL PREMISES
CULTIVATION OPERATION COLLOCATED THEREWITH MAY NOT EXCEED
FIVE THOUSAND (5,000) SQUARE FEET ON THE LICENSED PREMISE.
SEE, SECTION 26-204.
5. In Section 8, amend Subsection 11-417(b) by deleting the words "WITHOUT THE
CONSENT OF THE PROPERTY OWNER."
6. In Section 9, amend the "Notes" column in the Table of Uses chart for all four (4)
categories of cultivation uses by inserting the words "COMBINED TOTAL" after
"5,000" and before "SQUARE FEET."
7. Add a new Section 16 that amends Paragraph 6 of Subsection 26-120.C. of the
Code by adding the words "EXCEPT AS OTHERWISE PROVIDED HEREIN," to the
beginning of the first sentence and by inserting the following sentence after the end
of the first sentence: "NONCONFORMING MEDICAL MARIJUANA
ESTABLISHMENT USES AND RETAIL MARIJUANA ESTABLISHMENT USES
MAY NOT RESUME IN THE SAME LOCATION AFTER SUCH NONCONFORMING
USE HAS BEEN DISCONTINUED FOR A PERIOD OF SIX (6) CONSECUTIVE
MONTHS."
AMENDED RECOMMENDED MOTION:
Staff recommends that Planning Commission adopt the following motion:
"I move to recommend approval of the proposed ordinance amending Chapters 5, 11, and 26 of
the Wheat Ridge Code of Laws concerning the regulation of medical marijuana establishments
and retail marijuana establishments with the amendments as shown in Exhibit A.
Lauren Mikulak
From: Alan Bucknam <alan@notchcode.com>
Sent: Tuesday, January 13, 2015 5:31 PM
To: Kenneth Johnstone; Lauren Mikulak
Cc: Kim Waggoner; Anne Brinkman; Scott Ohm; Amanda Weaver; Silke Popp; Steve Timms;
Emery Dorsey; Decorina X
Subject: ZOA-14-06 additional map request
Follow Up Flag: Follow up
Flag Status: Flagged
Ken and Lauren,
I plan on asking about some possible alternatives to the proposed separation requirements, specifically as they
relate to parks and recreation properties. I would very much appreciate having available to the commission a
map with separation requirements that show everything as proposed in the agenda packet, but without the park
and rec property separation boundaries. This would mean the proposed changes for direct aerial requirements
would be included, but not the park and rec portion. If it's not too much trouble, could you have that on hand
should we ask about that?
I am also planning on asking about how these newly proposed changes align with the current separation
requirements for liquor stores and stores that sell tobacco products. As I recall from our initial hearing on siting
requirements for recreational marijuana establishments, there is no extant map for liquor stores like the one we
have for marijuana establishments—but if you have that data, it would be helpful to me.
Thanks!
-Alan
Alan Bucknam
Notchcode Creative
mobile: 303.915.5459
Lauren Mikulak
From: Scott Ohm <scott@g rounded byclesign.com >
Sent: Tuesday, January 13, 2015 8:53 PM
To: Lauren Mikulak
Subject: ZOA-14-06 maps
Follow Up Flag: Follow up
Flag Status: Flagged
Lauren,
May I suggest changing the green color of the marijuana center/store to a red as the parks also
appear to be green?
May I also suggest changing the purple color of the schools to a yellow as it appears to be a similar
color to the industrial employment?
Thank you,
Scott Ohm, RLA Colorado #830
CLARB Certified Landscape Architect #3968
Owner
Grounded By Design, LLC.
Office: 303.872.7807
Wheat Ridge, CO
www. groundedbydesign.coin
Mobile Web: groundedbydesign.mobi
cc,
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 27, 2014
Mayor Jay called the Regular City Council Meeting to order at 7 00 p.m
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Jerry DiTullio Bud Starker Zachary Urban George Pond
Kristi Davis Tim Fitzgerald Genevieve Wooden
Absent: Tracy Langworthy
Also present: City Clerk, Janelle Shaver. City Treasurer, Larry Schulz, City Attorney,
Gerald Dahl; Division Chief, Joe Cassa, City Manager, Patrick Goff; Community
Development Director, Ken Johnstone, other staff and interested citizens.
APPROVAL OF MINUTES OF October 13 2014
There being no additions or corrections, the Minutes of October 13, 2014 were declared
approved as published.
PROCLAMATIONS AND CEREMONIES
Amanda Weaver from Five Fridges Farm and Carol Sue Frickel, WR citizen, told
about the farm -to -table project between Kullerstrand Elementary School, Five Fridges
Farm. and CU Denver Student volunteers and community groups helped with the
garden to get fresh vegetables into the Backpacks that are donated to Title 1 families at
Kullerstrand
CITIZENS' RIGHT TO SPEAK
Jill Fellman, Jeffco School Board, reported some news from the school district. - There
were recent exterior upgrades at Kullerstrand. - Prospect Valley has a STEM program
for 3rd and 4'h grade girls. - Pennington and WRHS received grants from a credit union
that will be used for enrichment classes (Pennington) and new practice football
equipment (WRNS) - 30,000 high schools were rated by US News & World Report;
Jeffco had 6 in the top fifty and WRHS is #29. - The first student town hall was held at
Alameda HS recently.
Jeff Gomez from Everitt Middle School spoke about his school. With 70% of the
students on free/reduced lunch and 50% being minorities they are trying to change the
City Council Minutes October 27. 2014
Page 2
perception of their school by focusing on critical thinking and academics They have 14
clubs. a partnership with WRHS students who come in Mon-Thurs to help with
homework club, and high expectations for their students.
Kim Harr (WR) thanked a long list of individuals, organizations, and businesses who
helped with Trunk or Treat on Saturday
Mary Fedje (WR) encouraged a yes vote on ballot issues 2A and 2B She thinks 2A is
needed to beautify our older city and 2B is a bargain for $9.3 million
Monica Duran (WR) thinks $9 3M for 8 blocks on 38"Ave. is fiscally irresponsible and
the road diet has been too few voices and too many questions She encouraged a no
vote on 2B
Robin Chalker (WR), coach, introduced the Prospect Valley Destination Imagination
team This year's team has chosen education on the dangers of marijuana and edibles
as their challenge. It's called Pot Stoppers. Team members Jack Cudahy (LW), Emily
Chalker (WR), Matthew Chalker (WR), and Sonja Morin (WR) introduced themselves
John Clark (WR) reported attending the study session on the budget and noted there
was no mention of the $9 3 M for 38`" Avenue Where will the money come from? Will
it come from 2A? Why have all the Councils who've worked on this "vision" over the
years never talked about how to pay for it? He thinks 38`h is booming well without it.
Guy Nahmiach (WR) said 2B is not about sidewalks, it's about a life style People
move to WR so they can walk and not drive He supports 2B - As president of the
Everitt PTA he challenged every PTA to invite people to their schools to discuss the
dangers of marihuana/edibles. - As a realtor he wants our city to be friendlier to
builders and investors. He asked that the Building Code Advisory Board be modified to
be made up of builders, city officials, realtors, contractors, and investors who could
address issues and make suggestions to City Council on how to better communicate
and manage the growth we are experiencing.
APPROVAL OF THE AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1 Council Bill 14-2014 - - Imposing a Temporary Moratorium on the submission,
acceptance, processing, and approval of applications and requests for a permit,
license, land use approval or other approval for any Medical Marijuana
Establishment
Councilmember Wooden introduced Item 1.
The current emergency moratorium on applications for marijuana businesses will expire
November 17, 2014- This ordinance will add another 120 days to the moratorium
thereby providing City Council more time to review, evaluate and possibly amend the
City's marijuana regulations.
City Council Minutes October 27, 2014 Page 3
Mayor Jay opened the public hearing
Clerk Shaver assigned Ordinance #1560
Public Comment
Cara Jakab (WR) suggested the number of medical marijuana centers in WR be
capped at 5 and manufacturers at 3. She doesn't think we need our marijuana stores to
outnumber our libraries and grocery stores She agrees that marijuana use is a
parenting issue, but also feels it is the responsibility of the community and its leaders.
Kevin Cheney (Broomfield) works at the Boulder law firm that represents Babak
Behzadzadeh, the owner of the property at 38'h & Miller. He gave a character reference
for Babak, who he said has followed every rule, regulation and request of the City to the
letter. - Mr. Cheney outlined details of meetings with City staff who advised that if the
gas tanks were removed a special use review could be avoided and they could grant an
administrative approval for the marijuana facility - He testified that Babak spent over
$650,000 for the property and doing everything the City asked Now Council has
changed the rules and stopped Babak from having his dream of owning a dispensary -
He advised Council that Babak has been and remains willing to compromise to address
the issues of the neighbors
Elaine Morin (WR) spoke of the realities she has learned since marijuana has come to
WR. She listed a number of current and future negatives effects including declining
property values in neighborhoods near pot shops, community friendly businesses that
won't locate here, a decline in being a family friendly city, an impact on community
safety, a reputation for being a pot city, and the Wheat Ridge Farmers becoming the
butt of jokes. She urged Council to support a ban on all new marijuana stores and no
expansion of existing ones
Becky Grant (WR) noted the reason given for not allowing Mr Ketelsen to have an
electric fence to protect his business was that it's near a school and children could be
harmed by it. She compared the temporary pain of touching an electric fence to the
numerous long-lasting negative effects marijuana can have on children. She
encouraged Council to quit grandstanding about wanting to protect children and actually
do something about it by making the moratorium on marijuana establishments
permanent.
Roger Morin (WR) questioned the proposal to limit grow operations to 5,000 sq ft for
each of the five stores. This would be 25,000 sq ft. (at least 200% more than we need).
He used math, data from the Dept of Revenue, information from the Rand Corporation,
and census data to illustrate that WR only needs about 8,500 sq ft. of growing space to
serve its residents. He urged Council to be concerned about the health and welfare of
all its citizens as marijuana is not without significant side effects and health concerns --
especially for heavy users. He also urged Council to consider ordinances to help with
all substance abuse addictions.
Denise Klinger (WR) asked for clarification on some items that were posted
Regarding adding 1,000 feet separation from WR parks and recreation facilities, she
City Council Minutes October 27. 2014 Page 4
asked if retail marihuana stores are separate from a grow operation? She also asked
why the WR Recreation Center was exempted as a day care center in the separation
calculations? - Mayor Jay informed her that her questions were not appropriate for
this hearing on a moratorium, but that those issues would be discussed at a later date.
Mrs Klinger said she would like to see WR stay a family place and not have people
coming in to buy the excess marijuana
Babak Behzadzadeh (Englewood), owner of the property at 38`h & Miller. is a
registered pharmacist who wants to open a marijuana store. He said he met with City
staff in June several times. He was told the property was zoned C-1 and if he removed
the gas tanks he could put in a marijuana shop by administrative decision. He reported
asking what an administrative decision was, and was told it meant there would be no
public meeting. He subsequently purchased the land, removed the gas tanks and about
when he was ready to turn in his application the moratorium was passed. - He told
Council he is happy to meet with the neighbors to address any issues, such as noise,
smell, building size, and building orientation He is planning a professional looking
building.
Ronna Burrows (WR). WRHS Class of 1974 and former teacher said she wants the
image of Wheat Ridge to be a wholesome place to raise kids not a mecca for adult
businesses - The 1000 foot buffer zone does not protect the children whose bedroom
is 20 feet from a marijuana shop property or the many children who live nearby. -- The
gas station that was there does not make this an industrial area. - Grow operations vent
the air twice a day The ongoing smell of skunkweed will permeate the area. Cambridge
Park and the Recreation Center. - She reminded Council that retail stores haven't
stopped the black market and listed other negative impacts of marijuana on the
community.
Patti Lazzari (WR) thanked Council for extending the moratorium because there is so
much information to study. She presented the councilmembers with copies of a brief
handout from SAM - Smart Approaches to Marijuana for reference during their study.
Fran Langdon (WR) reminded Council to do their due diligence when deciding the
future of marijuana in WR. Amendment 64 did not say every city has to have marijuana
shops and she listed remarks she has heard from Council that are disappointing to her
She said sign spinners didn't stop because they are good neighbors, they stopped
because the state said it was illegal. She's concerned that a pharmacist is promoting
this business and cited a recent news article about marijuana dealers buying bulk candy
from Costco and spraying hash oil on it She doesn't want WR to be known as the best
place to get drugs
Steve Miller (WR) lives four houses from 38`h & Miller and supports the moratorium
Jennifer Shepherd (WR) said the City is setting up the perfect recipe for drug use -
increased availability, increased social acceptance, and decreased perception of harm
She told of Facebook posts by the businesses that welcome stoners and contradict
information from the health department
City Council Minutes October 27. 2014
Page 5
Jennifer Yates (WR) would like to see a ban on all future marihuana facilities, but
appreciates the willingness to limit the size and number of future facilities. She favors
the 1.000 foot separation measured in a straight line. She related seeing people across
from Paramount Park near Chronic Therapy taking hits off a bong. - She favors
leaving in-home day cares left on the map for a year after they close to prevent
marijuana businesses from buying them out. - She thinks state signage restrictions are
adequate, enforcement is the problem. If they aren't following the signage rules, what
other rules are they not following?
There was no staff presentation.
Mayor Jay closed the public hearing.
Motion by Councilmember Wooden to approve Council Bill 14-2014, an ordinance
imposing a temporary moratorium on the submission, acceptance, processing, and
approval of applications and requests for a permit, license, land use approval or other
approval for any medical marijuana establishment or retail marijuana establishment on
second reading. and that it take effect 15 days after final publication, seconded by
Councilmember DiTullio; carried 7-0.
2 Resolution No 55-2014 - Determining that the parcel commonly referred to as a
strip of land adjacent to 12525 W. 32nd Ave. is blighted as that term is defined at
C.R.S. § 31-25-105.5(5)(a), and authorizing the Wheat Ridge Urban Renewal
Authority to use Eminent Domain to acquire the parcel and to subsequently
transfer it to a private party
This involves a five-foot strip of property totaling 775 sq ft adjacent to the Applewood
Shopping Center for which no owner can be found. The land is not buildable due to
size constraints and has been tax delinquent for over 20 years. With City Council
approval Colorado Revised Statutes authorize the Urban Renewal Authority to obtain
the property through eminent domain All required steps have been followed to allow
condemnation proceedings to begin. Following acquisition of the property Urban
Renewal will transfer ownership to U S Retailers for development with the larger
shopping center.
Councilmember Davis introduced Item 2.
Mayor Jay opened the public hearing.
Councilmember Davis noted the property is five feet wide.
Councilmember Urban asked what steps have been taken by the City, apart from efforts
by the developer, to find the owners of the property. Mr. Dahl said title work has
been done. He speculated that it's likely two previous surveys didn't touch each other
resulting in a survey error that was repeated over time. This is not uncommon in inner -
ring suburbs where development and redevelopment has taken place over time. He
believes the use of eminent domain is the best way to clear up the title. No owners can
City Council Minutes October 27, 2014
Page 6
even be identified, so this is one of the few times when it's recommended that Council
give permission for Urban Renewal to exercise its power.
Councilmember Starker asked if there is any reason to believe there is environmental
contamination on or under this piece of property. Mr. Goff doesn't believe there is. U.S.
Retailers (aka Regency) would be responsible for that. He believes a Phase 1 was
done and nothing was identified
Motion by Councilmember Davis to approve Resolution No. 55-2014 — Determining that
the parcel commonly referred to as a strip of land adjacent to 12525 W. 32nd Ave. is
blighted as that term is defined at C.R.S. § 31-25-105.5(5)(a), and authorizing the
Wheat Ridge Urban Renewal Authority to use Eminent Domain to acquire the parcel
and to subsequently transfer it to a private party, seconded by Councilmember
Fitzgerald
Mayor Jay closed the public hearing.
Mr. Dahl clarified that this was not a quasi-judicial matter and speakers didn't need to be
sworn in.
Motion carried 7-0.
ORDINANCES ON FIRST READING
3. Council Bill No. 15-2014- approving the rezoning of property located at 6904-
6940 W. 48`, Avenue from Residential -Three (R-3) to Planned Residential
Development (PRD) (Case No WZ-14-05/Somerset)
Councilmember Urban introduced Item 3.
The applicant is requesting this zone change to allow the existing condominiums to be
converted to townhomes. This would provide new options for affordable ownership and
may promote owner occupancy No new development is being proposed — only a
change in the type of ownership. The Planning Commission heard the request in
October 16, 2014 and recommends approval. Fees totaling $2,094 were collected for
the review and processing of this case.
Motion by Councilmember Urban to approve Council Bill 15-2014 - approving the
rezoning of property located at 6904-6940 W. 48th Avenue from Residential -Three (R-3)
to Planned Residential Development (PRD) (Case No. WZ-14-05/Somerset); seconded
by Councilmember Starker: carried 7-0.
DECISIONS, RESOLUTIONS AND MOTIONS
4. Resolution 56-2014 — concerning the acquisition of private property for the
purpose of constructing, installing, maintaining and using Public Improvements
City Council Minutes October 27, 2014
Page 7
for the Tabor Street Multi -Modal Improvements by either negotiation and
voluntary purchase or, if necessary, through the utilization of the City's power of
Eminent Domain, and authorizing such action as necessary to accomplish said
purposes
Councilmember Wooden introduced Item 4.
Since federal funds for the Gold Line station are also being used to widen Tabor
Street and build sidewalks and bike paths ($740,228), one of the requirements is for
City Council to approve a resolution authorizing the acquisition of public rights-of-
way. This resolution authorizes the City Manager or his designee to acquire the
necessary properties through good faith negotiations based on fair market value or
begin condemnation proceedings if necessary. In this case the City has hired the
right-of-way consultant H C Peck & Associates to perform that work Construction
is expected to begin in early summer 2015.
There was no staff presentation, no public comment, and no questions from Council.
Motion by Councilmember Wooden to approve Resolution 56-2014 a resolution
concerning the acquisition of private property for the purpose of constructing.
installing, maintaining and using public improvements for the Tabor Street multi-
modal improvements by either negotiation and voluntary purchase or, if necessary,
through the utilization of the City's power of eminent domain, and authorizing such
action as necessary to accomplish said purposes; seconded by Councilmember
DiTullio; carried 7-0.
5. Motion to approve payment of the Sales Tax Increment for September of Fiscal
Year 2014 from the Town Center Project in the amount of $75,170.52 to Renewal
Wheat Ridge
Councilmember Davis introduced Item 5.
The Town Center Urban Renewal Plan includes the commercial area east of
Wadsworth between 38`h and 44". The 25 year plan started in December, 1981. It
has been extended twice and was amended in 2011 to increase the payment from
50% to 100% of the sales tax increment share back. It expires December 31, 2014,
Mr Goff noted that at next Mondays study session there will be a discussion about
a new arrangement with Urban Renewal and extending this IGA
Motion by Councilmember Davis to approve payment of the sales tax increment for
September of fiscal year 2014 from the Town Center Project in the amount of
$75,170.52 to Renewal Wheat Ridge; seconded by Councilmember Wooden, carried
7-0
City Council Minutes October 27, 2014
Page 8
6 Motion to cancel the Regular Meetings of the Wheat Ridge City Council on
November 24 and December 22, 2014. due to the Thanksgiving and Christmas
Holidays
Councilmember Fitzgerald introduced the item
Motion by Councilmember Fitzgerald to cancel the regular meetings of the City
Council on November 24 and December 22, 2014, due to the Thanksgiving and
Christmas Holidays; seconded by Councilmember Davis, carried 7-0.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS MATTERS
Jerry DiTullio explained that speakers are only sworn in on quasi-judicial land use
matters
Zach Urban encouraged everyone to get out and vote.
Genevieve Wooden thanked everyone who came out to speak tonight and thanked
everyone who participated and supported Trunk or Treat.
ADJOURNMENT
The City Council Meeting adjourned at 8 28 pm
i
q*elle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON December 8. 2014
st Davis, fiy ro Tem
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
MOTION TO DIRECT STAFF: REGARDING VARIOUS MARIJUANA -BUSINESS REGULATIONS
Based on the public input presented to the City Council, city-wide constituent
communication and correspondence, and additional research performed and/or presented by
City Council members and citizens, I present the following motion:
I move to direct staff and the city attorney to draft an ordinance affecting the code of laws
consisting of the following policy actions:
1. Cap the number of Medical marijuana centers, Retail Stores, or Co -located stores
citywide at 5.
2. Cap the number of Marijuana Infused Product manufacturers city-wide at 3.
3. Add a 1,000 feet separation from Wheat Ridge Parks and Recreation Facilities for
Medical Marijuana Centers and Retail Marijuana Stores.
4. Limit Medical Marijuana Centers and Retail Marijuana Stores grow operations to 5,000
sq. ft.
5. Create additional sign restrictions for Medical Marijuana Centers and Retail Marijuana
Stores.
6. Establish additional packaging restrictions for Marijuana Infused Products sold at
Medical Marijuana Centers and Retail Marijuana Stores,
7. Make Medical Marijuana Centers and Retail Marijuana Stores Special Uses in C1 zone
districts.
8. Make all current Medical Marijuana Centers and Retail Marijuana Stores legal Non-
conforming Special Uses.
9. Change the term of a Medical Marijuana Center and Retail Marijuana Store Special Use
permit expiration from one (1) year to six (6) months.
10. Require that any new "responsible party" for Medical Marijuana Centers and Retail
Marijuana Stores will be subject to administrative review and additional use conditions,
and to present the staff analysis at the November 17`h Study Session for review and
discussion.
� d
City of
W heati�d�ge
ITEM NO:
DATE: October 27, 2014
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 14-2014 - AN ORDINANCE IMPOSING
A TEMPORARY MORATORIUM ON THE SUBMISSION,
ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS AND REQUESTS FOR A PERMIT,
LICENSE, LAND USE APPROVAL OR OTHER APPROVAL
FOR ANY MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT
® PUBLIC HEARING ❑ ORDINANCES FOR IST READING (10/13/2014)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (10/27/2014)
❑ RESOLUTIONS
QUASI-JUDICIAL: n YES ® NO
City Attorney
City Manager
ISSUE:
A temporary moratorium on the submission, acceptance, processing and approval of applications
related to marijuana businesses (both medical and retail) is currently in place in the City. The
current moratorium was adopted to maintain the status quo of current marijuana -related
businesses within the City while the City Council reviews, evaluates and amends, if desired, the
City's regulations concerning marijuana -related businesses.
The City Council is in the midst of conducting this review and evaluation, which is unlikely to
conclude prior to the expiration of the current moratorium on November 17, 2014. This
ordinance adopts a one hundred and twenty (120) day moratorium that commences
simultaneously with the expiration of the current moratorium.
PRIOR ACTION:
On first reading, Council Bill No. 14-2014 was amended to increase the moratorium from ninety
(90) days to one hundred and twenty (120) days.
CAF- Marijuana Business Moratorium
October 27, 2014
Page 2
FINANCIAL IMPACT:
The loss of license, permit, application and similar fees associated with marijuana -related
businesses seeking approvals from the City is likely nominal. The potential loss of marijuana -
related business revenue to the City as a result of such businesses locating elsewhere, in the form
of sales taxes and the City's share of excise tax, is unknown.
BACKGROUND:
In 2011 and 2013, respectively, the City Council adopted local regulations governing medical
marijuana businesses and retail marijuana businesses. Each set of regulations requires such
businesses to obtain a local license to operate, in addition to the state license required by state
law, and imposes limitations on where such businesses may locate within the City.
As a result of recent expressed interest in locating marijuana -related businesses in permissible
locations, City residents have expressed concern over the appropriateness of the current location
restrictions. Having now had a few years of experience in the regulation of marijuana -related
businesses, the City Council determined that it was also appropriate and necessary to evaluate
the existing marijuana regulations generally. The review and evaluation process is time-
consuming, from staff time to research and prepare materials to the Council's time in conducting
meetings, often with extensive public comment. This ordinance extends the moratorium for an
additional 120 days to permit the Council adequate time to thoughtfully complete its review,
evaluation and amendment, if deemed necessary, of the City's existing marijuana regulations.
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 14-2014, an ordinance imposing a temporary moratorium
on the submission, acceptance, processing, and approval of applications and requests for a
permit, license, land use approval or other approval for any medical marijuana establishment or
retail marijuana establishment on second reading, and that it take effect 15 days after final
publication."
Or,
"I move to postpone indefinitely Council Bill No. 14-2014, an ordinance imposing a temporary
moratorium on the submission, acceptance, processing, and approval of applications and requests
for a permit, license, land use approval or other approval for any medical marijuana
establishment or retail marijuana establishment for the following reason(s)
11
REPORT PREPARED AND REVIEWED BY;
Carmen Beery, City Attorney's Office
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 14-2014
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Ordinance No 1554
Series 2014
TITLE: 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 ESTABLISHMENT OR RETAIL MARIJUANA
ESTABLISHMENT AND DECLARING AN EMERGENCY
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 welfare, and
WHEREAS, pursuant to the authority 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 regulations
governing medical marijuana establishments: and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII 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
establishments; and
WHEREAS, pursuant to such local regulations, medical marijuana
establishments and retail marijuana establishments may be located only at certain
locations within the City and are subject to certain operational conditions; and
WHEREAS, the Council has heard an increased level of concern expressed by
the public about the appropriateness of the City's regulations concerning retail and
medical marijuana establishments, including but not limited to the permissible locations
and size of such establishments; and
WHEREAS, as the City's experience with medical and retail marijuana
establishments gets longer, the Council finds that it is appropriate to periodically
evaluate the City's marijuana regulations and their appropriateness as City conditions
change, particularly in response to expressed citizen concerns; and
WHEREAS, the Council finds that such an evaluation is desirable and
appropriate in order to ensure that retail and medical marijuana establishments are
located only in locations that are consistent with the intent and purpose of the City's
comprehensive plans and land use code and are located and operated in a manner that
is compatible with surrounding uses and otherwise in furtherance of the public health,
safety and welfare; and
WHEREAS, the Council further finds that it is necessary to impose a temporary
moratorium on the submission, acceptance, processing, and approval of applications for
any land use approval, permit or license for medical marijuana establishments and retail
marijuana establishments while the Council conducts its review of current regulations
governing the same in order to prevent the location of any such establishment that is
contrary to the City's comprehensive plans, land use code, incompatible with
surrounding uses or otherwise detrimental to the public health, safety and welfare; and
WHEREAS, the imposition of a ninety (90) day moratorium on the submission,
acceptance, processing, and approval of all applications for City land use approvals,
permits and licenses concerning the operation of medical marijuana establishments and
retail marijuana establishments is reasonable and will allow the Council to review,
evaluate and amend, if needed, its regulations concerning the same.
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. Temporary Moratorium. A temporary moratorium is hereby
imposed on the submission, acceptance, processing, and approval of any application
for a City land use approval, permit or license for any medical 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 pending application for such establishments
during the moratorium period.
Section 3. Duration The moratorium imposed by this ordinance shall
commence as of the date of adoption of this ordinance and shall expire on the ninety-
first (9151) day thereafter
Section 4 Exemption for Pending Applications. This ordinance shall not apply
to the processing and final action by the City upon any application for a City land use
approval, permit or license for any medical marijuana establishment or retail marijuana
establishment, which application has been received by the City prior to 5'00 p.m. on
August 18, 2014 Such applications shall be processed and acted upon pursuant to the
City regulations in effect as of the effective date of this ordinance
Section 5. Staff to Investigate and Prepare Proposed Regulations. Before the
expiration of the moratorium imposed by this ordinance, City staff shall review and
analyze the City's existing regulations governing medical marijuana establishments and
retail marijuana establishments, as directed by the Council, and present any proposed
amendments thereto to the Council. The Council declares that it will give due and
timely consideration to any such recommended changes to the Code
Section 6. Emergency Declared; Effective Date. Pursuant to Section 5.13 of the
Wheat Ridge Home Rule Charter, the City Council hereby finds, determines and
declares that an emergency exists and that this ordinance is necessary for the
immediate preservation of public property, health, welfare, peace or safety in order to
prevent the future location of medical marijuana establishments and retail marijuana
establishments in the City at locations that may be inconsistent with the intent and
purpose of the City's comprehensive plans, land use code, incompatible with
surrounding uses or otherwise detrimental to the public health, safety and welfare, while
the Council undertakes an evaluation of the City's existing regulations concerning the
same. The Council finds that the moratorium enacted hereby is reasonable in duration
and does not work an undue hardship on current or future applicants that may be
affected hereby, This ordinance shall be effective immediately upon its adoption.
INTRODUCED, READ, AND ADOPTED AS AN EMERGENCY MEASURE on
first reading by a vote of 7 two 0 on this 18th day of August, 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 on this 18th day of August, 2014.
ATTEST:
tiM& �66tt
Ji -{elle Shaver, City
LC,0-�
HPublication: A
Wheat Ridge Transcript
Effective Date: August 28, 2014
/ Joy/r y, N{ yor
Approved as to Form
FO K
Gera d E D Attorney
t
3
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Council Bill No. 14-2014
Ordinance No. 1560
Series 2014
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE
APPROVAL OR OTHER APPROVAL FOR ANY MEDICAL MARIJUANA
ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT
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 welfare, and
WHEREAS, pursuant to the authority 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 regulations
governing medical marijuana establishments, and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII 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
establishments; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014,
the Council 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 impose an additional moratorium on City approvals related to marijuana businesses,
as further set forth herein, to commence upon the expiration of the moratorium imposed
by Ordinance No. 1554 and expire one hundred and twenty-one (121) days thereafter;
and
WHEREAS, the imposition of an additional one hundred and twenty (120) day
moratorium on 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 prejudice any party.
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. Temporary Moratorium A temporary moratorium is hereby
imposed on the submission, acceptance, processing, and approval of all applications
and requests for a City permit, license, land use approval or other approval for any
medical 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 pending
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 expire on the one hundred and twenty-first
(121 ") day thereafter
Section 4. Exemption for Pending Applications This ordinance shall not
apply to the processing and final action by the City upon any application for a City land
use approval, permit or license for any medical marijuana establishment or retail
marijuana establishment, which application was received by the City prior to 5:00 p.m.
on August 18, 2014. Such applications shall be processed and acted upon pursuant to
the City regulations in effect on the date of their respective submittals
Section 5. Staff to Investigate and Prepare Proposed Regulations. Before
the expiration of the moratorium imposed by this ordinance, City staff shall continue to
review and analyze the City's existing regulations governing medical marijuana
establishments and retail marijuana establishments, as directed by the Council, and
present any proposed amendments thereto to the Council The Council declares that it
will give due and timely consideration to any such recommended changes to the Code
Section 6. Effective Date This Ordnance shall take effect fifteen (15) 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 Hearing and consideration on final passage set for October 27,
2014, at 7 00 o'clock p.m , in the Council Chambers 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of to 0 this 71rh day of Orrnhor 2014
SIGNED by the Mayor on this ->7ri, day of nr-rnh,�r . 2014.
L1,
Joycp Jay. Ma or
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ATTEST:
v
nelle Shaver. City Clerk
First Publication October 16, 2014
Second Publication, October 30, 2014
Wheat Ridge Transcript
Effective Date: November 14, 2014
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pp eAs To Form
Dahl, City Attorney
3