Loading...
HomeMy WebLinkAboutStudy Session Packet 02/01/2010 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. February 1. 2010 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA .L Staff/Council Report(s) J ~ 44th and Wadsworth redevelopment Uoint session with URA) a) Allocation of CDBG jurisdictional allocation ~ Medical Marijuana Memorandum TO: The Mayor and City Council THROUGH: Randy Young, City Manager Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: February 1, 2010 SUBJECT: Mixed Use Zone District – Project Timeline Introduction Staff’s proposed process for creating new “straight” mixed use zone districts is summarized below. As staff works to draft the new code, input from experts (developers, designers, real estate brokers), property owners, and the public will be essential. Public input on the appropriate scale of development in targeted mixed use areas will be particularly important due to the exemptions to City Charter height and density restrictions approved in November 2009. Proposed Process Meetings with Property Owners A crucial first step is meeting with property owners in those parts of the city envisioned for mixed use zoning. This outreach began in January, 2010 and will continue through March:  Wadsworth Summit – January 13, 2010  Ward Road TOD Mixed Use Forum – January 26, 2010  Kipling Mixed Use Forum – February 24, 2010  38th Avenue Mixed Use Forum – March 10, 2010 (tentative) At these meetings, staff presents information about the proposed mixed use zoning and asks for feedback on important issues, such as:  Should mixed use be required or incentivized? What incentives would work best?  What auto-oriented uses, if any, should be allowed?  What scale of development (building heights in particular) makes sense?  How should nonconforming uses be handled?  How do property owners feel about the idea of city-initiated rezonings? Input is gathered through discussion, as well as a survey distributed to all meeting attendees. Mixed Use Zoning Task Force In order to solicit input from local experts – including developers and designers – staff is proposing 2 to form a small task force, or working group, that will roll up their sleeves and help with many of the standards and requirements within the new code. Preliminarily, it is envisioned that this group will meet with staff 3-4 times, in the format of working sessions, to give input on drafts of the code. The intent is that the task force will help insure that the code is sensitive to the market and that it is clear and easily understood by developers and designers, who are most likely to use it. Public Outreach Another important step in the process will be soliciting feedback from all community stakeholders, especially in terms of the appropriate scale of development for areas where City Charter restrictions no longer apply. The primary vehicle for both education and feedback opportunities will be a website dedicated to the mixed use zoning project (www.wrmixeduse.com), which will be functioning by February 12th. Anyone will be able to visit the website to:  Take a survey with questions that will impact the mixed use code, including questions about scale of buildings in the mixed use areas  Learn about what mixed use development is, including some of its benefits  Participate in a community photo journal, where people can upload and comment on photos of development types that they would like to see in Wheat Ridge.  View drafts of the code as they become available for review  View a calendar with the schedule for the process and Staff is also proposing to host one city-wide meeting in the spring, most likely after the second draft of the code, to answer questions and give residents, property owners, and business owners the opportunity to provide direct input. Another proposed component of public outreach will be to produce a Top of the Hour segment for Channel 8. Planning Commission and City Council As the process continues through the spring, staff will update the Planning Commission and City Council – perhaps in joint sessions on some occasions – after important milestones. Proposed Schedule Below is a tentative schedule for the formation and adoption of the mixed use zone district, based on the process described above.  Meetings with Property Owners (Mixed Use Forums): January – March, 2010  Formation of Task Force: February 2010  Draft 1 of Code: March 2010 (published to website; task force working session)  Draft 2 of Code: April 2010 (published to website; task force working session)  City-wide meeting: Late April or early May  Draft 3 of Code: June 2010 (published to website; task force working session)  Final Draft of Code: July 2010  Code Adoption (Planning Commission and City Council Public Hearings): August – early September 2010 MIXED USE ZONING PROJECT TIMELINE Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 5 Week 1 Week 2 Week 3 Week 4 DRAFTING FORM-BASED CODE Code Outline/First Internal Draft 01/29 Outline/Internal Draft Internal Review (Planning Staff) 02/11 Review Draft 1 03/12 Draft 1 Review of Draft 1 03/26 Review Draft 2 04/23 Draft 2 Review of Draft 2 05/07 Review Draft 3 06/04 Draft 3 Review of Draft 3 06/30 Draft Final Code 07/16 Final Review/Approval 08/06 TASK FORCE Form Task Force 02/27 Form Task Force Distribute Draft 1 to Task Force 03/15 Draft 1 First Task Force Working Session 03/24 Mtg Distribute Draft 2 to Task Force 04/26 Draft 2 Second Task Force Working Session 05/05 Mtg Distribute Draft 3 to Task Force 06/14 Third Task Force Working Session 06/23 Distribute Final Draft to Task Force 07/19 Final Task Force Meeting 07/28 PUBLIC OUTREACH & HEARINGS Public Meetings Wads Ward Kipling 38th 38th 38th 38th Draft 1 posted on website 03/15 Draft 1 Draft 2 posted on website 04/26 Draft 2 Draft 3 posted on website 06/07 City-wide Meeting on Draft 3 04/28 City-wide Final Draft posted on website 07/19 Planning Commission Study Sessions PC SS PC SS Planning Commission Public Hearing 08/05 City Council Study Sessions CC SS City Council Public Hearing 09/13 Drafting Code Reviewing Code Task Force Items Task Force Meetings Public Meetings Draft Code to Public on Website Planning Commission and City Council Task April Complete January February March May MIXED USE ZONING PROJECT TIMELINE DRAFTING FORM-BASED CODE Code Outline/First Internal Draft 01/29 Internal Review (Planning Staff) 02/11 Draft 1 03/12 Review of Draft 1 03/26 Draft 2 04/23 Review of Draft 2 05/07 Draft 3 06/04 Review of Draft 3 06/30 Draft Final Code 07/16 Final Review/Approval 08/06 TASK FORCE Form Task Force 02/27 Distribute Draft 1 to Task Force 03/15 First Task Force Working Session 03/24 Distribute Draft 2 to Task Force 04/26 Second Task Force Working Session 05/05 Distribute Draft 3 to Task Force 06/14 Third Task Force Working Session 06/23 Distribute Final Draft to Task Force 07/19 Final Task Force Meeting 07/28 PUBLIC OUTREACH & HEARINGS Public Meetings Draft 1 posted on website 03/15 Draft 2 posted on website 04/26 Draft 3 posted on website 06/07 City-wide Meeting on Draft 3 04/28 Final Draft posted on website 07/19 Planning Commission Study Sessions Planning Commission Public Hearing 08/05 City Council Study Sessions City Council Public Hearing 09/13 Task Complete Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Draft 3 Review Final Draft Final Review Draft 3 Mtg Final Mtg Draft 3 Final PC SS PC SS PC PH CC SS CC CC PH Drafting Code Reviewing Code Task Force Items Task Force Meetings Public Meetings Draft Code to Public on Website Planning Commission and City Council June July August September MIXED USE ZONING SCOPE OF WORK Wheat Ridge’s planning documents – including the Neighborhood Revitalization Strategy, Subarea Plans, and Envision Wheat Ridge – call for mixed use development at targeted areas in the City. From major corridors to employment and commercial centers, plans recommend a sustainable and economically-viable form of development that includes a healthy mix of land uses. At the same time, Wheat Ridge’s current zoning code has very limited allowance for mixed use development. There are narrow provisions for residential uses within the straight Commercial One (C-1) district, but most applicants who wish to develop more than one use on their property must go through the planned development (PD) process. The PD process is time consuming – lasting 4-6 months at a minimum – and unpredictable, ultimately discouraging the type of development that the community would like to see. The vision for promoting high-quality, mixed use development in Wheat Ridge was most recently articulated by Envision Wheat Ridge, the updated Comprehensive Plan adopted by City Council in 2009. In its implementation recommendations, the plan calls for the formation of new mixed use zoning, coupled with design standards, as a priority action item. The mixed use zoning project will create one or more mixed use zone districts in Wheat Ridge’s zoning code. The new districts will be “straight” districts, meaning that development that complies with the district regulations – including form and design standards – will be allowed primarily by administrative review. Unlike PD zoning, mixed use zoning will entail a streamlined review process and more predictability, making it easier for Wheat Ridge to attract high-quality, mixed use development in strategic areas. The major components of the project scope: (1) Conduct Research and Define Approach Alternatives: research peer jurisdictions, many of whom already have straight mixed use zone districts, and best practices for mixed use zoning. (2) Decide on Best Approach for Wheat Ridge: based on research and given Wheat Ridge’s regulatory context, decide a basic framework for how mixed use zoning should be added to the code. (3) Public Outreach: meet with property owners within all targeted areas for mixed use zoning. Conduct surveys and utilize other tools (City newsletter, website) to educate the public and solicit feedback on the mixed use code. Potentially host one city-wide meeting after a draft of the code is available. (4) Create Mixed Use Zoning Task Force: create a small working group of local property owners, developers, and designers to help shape the mixed use zoning and design standards. (5) Draft Form-Based Code: utilizing feedback from meetings with property owners, working sessions with the task force, and community input, draft a mixed use code. This important task includes the following: 5a. Outline Form-Based Code/Internal Draft (review by Planning only) 5b. Draft Code 1 5c. Draft Code 2 5d. Draft Code 3 (6) Final Draft of Form-Based Code: after draft code has been reviewed by property owners, the task force, Planning Commission, City Council, the City Attorney, and other important persons/bodies. (7) Adoption of Final Code by Planning Commission and City Council: prepare code/design standards in final format, prepare presentations for and attend public hearings with Planning Commission and Council. Task 1 – Conduct Research and Define Approach Alternatives Spring 2009 – Fall 2009 (complete) Conduct a thorough thorough analysis of Wheat Ridge’s peer communities to study how their zoning codes treat mixed use. Compile best practices and resources, including sample mixed use zoning ordinances, and prepare a table that summarizes mixed use zone districts for at least 10 different jurisdictions, preferably in Colorado. Include research as to how design elements are incorporated (i.e. through a form based code, or through a separate design manual). Task 2 – Decide on Best Approach for Wheat Ridge Fall 2009 (complete) Based on research findings and application to Wheat Ridge’s existing regulations and goals, confirm an approach for adding straight mixed use zoning to the code (formbased code versus traditional code with separate design standards). Task 3 – Public Outreach January 2010 – September 2010 This task involves many items: (1) Early 2010 -Hold forums with property owners in target mixed use areas, which include:  Wadsworth  Kipling  Ward Road TOD area  38th Avenue (2) January 2010 – September 2010 -Design and maintain a project website with information, FAQs, resources, meeting announcements, community photo journal, and draft ordinances for review (3) April 2010: City-wide public meeting (after Draft 2) (4) Spring 2010 – September 2010 -Publish updates in City newsletter, including reminders to view project website Task 4 – Form Mixed Use Zoning Task Force February 2010 Establish a working group of approximately 10 local developers, land owners, and designers to provide input on the code as it develops. The task force will review drafts of the code as they become available and engage in 3-4 working sessions with Planning Staff throughout the spring and summer of 2010. Task 5 – Draft Mixed Use Code February 2010 – June 2010 This important step will involve several milestones: (1) January 29: Outline/internal draft of form-based code (for internal review by Planning) (2) March 12: Draft 1 complete (3) April 23: Draft 2 complete (4) June 4: Draft 3 complete Task 6 – Final Draft of Code July – August 2010 Utilize input from task force, public outreach, etc to draft the final code. This step will entail review by the following (not inclusive) for approval:  Planning Staff  PW Staff  City Attorney  Task Force  Peer Review by expert mixed use developer Task 7 – Adoption of Final Code by Planning Commission and City Council August 2010 Public hearings for adoption of final code. Will include informational packets, presentations, etc for both bodies. City of ~WheatBL-dge ~OFFICE OF THE OlY MANAGER TO: THROUGH: FROM: DATE: SUBJECT: Introduction Memorandum Mayor and City Council Randy Young, City Manager {\ h Patrick Goff, Deputy City Manager~ January 25, 20 I 0 44th and Wadsworth Redevelopment Project In 2008 and 2009, the Wheat Ridge Urban Renewal Authority (WRURA) acquired and assembled approximately 8 acres of property at the southeast corner of 44th Avenue and Wadsworth Boulevard for a mixed-used redevelopment project. The properties were purchased for a total of $3,840,000 using WRURA funds and a loan obtained from I st Bank Wheat Ridge. The remaining balance due on the loan as of January 2010 isjust under $3 .0 million. Attached is an aerial map with properties purchased outlined in red. J With the assistance of Wheat Ridge 2020, responses to a Request for Qualifications and Request for Development Proposals were solicited for a mixed-use redevelopment project in the summer of2008. One firm responded to the requests and submitted a proposal in October 2008. The Authority rejected the proposal in December 2008 as it did not meet the requirements of the solicitation. Since that time, staff made contact with the firm Weston Solutions at an Urban Land Institute event and an initial meeting was scheduled to discuss the proposed project. After several additional meetings and the identification of possible tenants for the site, the WRURA entered into a Master Redevelopment Agreement with Weston Solutions on November 5, 2009. Weston Solutions hired SEM Architects to create an initial site design and layout for the site. Attached to this memorandum are marketing materials from Weston Solutions and SEM Architects and conceptual plans for the overall project and phase one of the proposed project. Project Description Phase one of the proposed project includes a 50,000 square foot office building which will anchor the site in the center of the development. Weston Solutions and the Urban Renewal Authority are currently negotiating with Jefferson County for this build-to-suit office building which will serve as a newly conceptualized County Service Center. The office building will include the departments of motor vehicles, health and human services and potentially a library component. 44th and Wadsworth Redevelopment Project February I, 20 I 0 Page 2 00 Phase one may also include a 9,600 square foot retail pad west of the office building and south of I SI Bank. The property at this location is currently owned by I SI Bank and is used for tenant and customer parking. Weston Solutions is negotiating with lSI Bank for a land swap of this property for a new bank parking lot east of lSI Bank and north of the office building. In addition, the proposed project includes a pedestrian plaza which will serve as a public amenity and a safety zone for pedestrian traffic between I SI Bank and the new parking lot. Future phases could include retail, office, medical office, multi-family housing, and senior housing residential, depending on what the market will bear. Weston Solutions is currently in discussions with several potential-end users for the property on the east side of the site. , , Weston Solutions and City staff will present this project in further detail at the joint study session with City City Council and the WRURA on February lSI. Discussion Points Project Costs -Weston Solutions and the City are currently finalizing and value engineering the infrastructure costs for phase one of this project. Current market rents for office, restaurant, retail and residential are significantly lower than what is required to make the WRURA whole, including land investment and infrastructure costs. The WRURA paid approximately $10.75/sq. ft. for the raw land (appraised at $8.49/sq. ft.) and infrastructure costs for the general development are estimated at just under $2.0 million. Oepending on what the County is willing to pay for the land and how much COBG funding is utilized for this project, the WRURA could cover its land costs and anywhere between $300,000 and $600,000 of the infrastructure costs. As J the potential for future phases of this project are unknown at this time, estimates of future land sales and profits are unknown. City staff is beginning to work with I SI Bank to determine if the outstanding land acquisition loan is eligible for restructuring to continue to carry debt on this project after the land is transferred to the County. The current debt service is covered with a sales tax share back from the Town Center project. City Council authorized a share back of 50 percent of the Town Center sales tax increment through 2014. Commullity Developmellt Block Grallt (CDBG) FUlldillg -The City Council adopted a policy concerning the expenditure ofCOBG funds in January 2008. The policy directs that COBG funds be used to support the implementation of the Neighborhood Revitalization Strategy (NRS). The proposed redevelopment project at 44th and Wadsworth partly addresses strategy number four of the NRS to redevelop the Wadsworth corridor. Through 2009, the City's unspent allocation ofCOBG funding totals $923,315. The City will receive an additional $322,720 allocation in mid-20 I 0 for a total balance of approximately $1.2 million. On June 8, 2009, City Council approved a resolution allocating approximately $275,000 ofCOBG funding for the purchase ofthe property at 7300 W. 44th Ave. City staff has been working diligently with Jefferson County staff to determine the eligibility of COBG funds for this project. There have been significant staffing changes at both the County and regional levels ofCOBG administration and HUD, respectively. Under the former County 44th and Wadsworth Redevelopment Project February 1, 2010 Page 3 of3 staff the City was given authorization to use COSO funds for the purchase of the property at 7300 W. 44th Ave. However, under the current County staff the City was told use of COSO funds for this purchase would trigger specific requirements which would limit the future uses of the site. The City has received initial confirmation from the County and HUO that the COSO funds can be used for site clearance and infrastructure expenses. However, this would trigger the requirement to pay Oavis-Sacon prevailing wages on phase one and potentially all future phases. Weston Solutions is evaluating the impact of this requirement. The proposed project calls for a significant amount of infrastructure improvements. Staff recommends utilizing COSO funding for these expenses. , , Panda King -Initial attempts to engage the owner of the Panda King property and the property manager have been unsuccessful. Ideally, Weston Solutions would have preferred to incorporate this property into the overall redevelopment project but have decided to develop around the property. At minimum, portions of the perimeter of the Panda King property will be needed for access easements and rights-of-way. Corey Hoffmann, legal counsel for the WRURA, and Jerry Dahl will be at the February 1st study session to discuss the options available for obtaining the required property. Attachments: I. Aerial Map 2. Weston Solutions Marketing Materials 3. SEM Architects Marketing Materials 4. Overall and Phase I Conceptual Plans ATTACHMENT 1 The Trusted Integrator for Sustainable Solutions ~ g ~~1 ~ ~ Environmental Property DnlgnIBulld G .... Cklan Solutions RedavtioplMnt Construction Buildings Energy an employt.·e-owned company ATT ACHMENT 2 Striving to make a difference for our planet every day Building on a 50-Year Foundation of Sustainability More than SO years ago, Weston Solutions, Inc. (WESTON@) was created to provide sustainable solutions to our clients, and we've been building on that foundation ever since. We have added to our understanding of how people and the environment interact, and we have broadened our services to meet the needs of our expanding client base. However, throughout our half~century of growth, one thing has remained the same: WESTON's unwavering commitment to our clients and the environment. Every day, on every project, WESTON's employee-owners work hard to meet this commitment. We strive to build long-lasting relationships with our customers and to align our vision of success with our clients' vision. We seek the best solutions for the project at hand, blending innovative approaches with proven technologies. And we know that it's essential to have the right people, doing what they do best, assembled into strong teams, regardless of where they are on the globe. Together, Together, our teams solve our customers' toughest challenges-and help make the world a better place. Our dedication to qur clients, our employees, our communities, and the environment, coupled with our history of strong performance, makes WESTON the Trusted Integrator for Sustainable Solutions. WESTON at a Glance Delivering solutions since 1957 o offices worldwide StrategicilllV IOCilted--6 Employee-owned cornpany with a staff of 1 ,800 Gross revenue of over $500 million Supen. or "(ely l:>erformance ::t<.-' • The WESTON Mission Grow sustainable value for our clients, employeeowners, and communities by integrating teams and innovative approaches to solve emerging, complex problems for the environment and infrastructure worldwide Our clients consistently bring us their most complex challenges-85% of our business comes (rom previously satisfied customers. II • Trust I'\<> tht' Tru~t('d Inte~r.H()r 01 SU:,idin.Jhl(' Sf duttOno.;. l \ Tc" TUN', fClundclllnfJ i~ mad(' til ' Of tllrl·f.> t'1f'ment~_ Trust • Performance • People Trust is not built overnight; it evolves over time. WESTON has more than 50 years of quality performance, from our origins in water and wastewater services to evolving services, such as sustainable regional and international development. We invest in long-term relationships with clients, aligning our approach with their critical needs. • Most federal agencies turn to WESTON to help solve complex sustainability problems. • Cities, municipalities, and state agencies depend on WESTON for economic, infrastructure, and redevelopment solutions. • Industrial and commercial clients look to WESTON to provide a wide range of sustainability solutions that make economic sense. Our clients-as well as our communities, partners, partners, and other stakeholders-trust us to deliver sustainable solutions for their most complex and difficult challenges worldwide. They are able to focus on their core objectives while we meet their critical needs for environmental restoration, property redevelopment, desigrvbuild construdion, green buildings, and clean energy. Performance • Our history of developing innovative solutions that are safe, successful, and sustainable derives from our strong foundation of top talent and technical depth. Our solutions look at the triple bottom line, balancing economic, environmental, and social objectives. We lead through integration, aligning the diverse interests of clients and stakeholders to ensure lasting results. Time after time, we have successfully aligned many pOints of view, business cultures, and objectives. WESTON takes the lead in assembling the right team, whether it comprises many companies and other stakeholders or just a few key individuals, to address each project, from those that are complex and large· scale to those that address a smaller, short-term need. Housatonic River Remed" t" la Ion "CradJe.tO-gra\le" se· . nalion's highest ""Ces In one of the -prOfile rest . • R rio ora bon projects e armed study des" far this 1.5-m"/' rgn, and remediation r e reach of river Reined" eel rat SOils and sed" contaminated b Iments PcBs y 1"5 mil/ion pounds of Diverted th " e nVCr to remov yards of COntam" e 95,000 cubic rnated sed" dry cells Iments from public-Private Redevelopmem . t sector partnership A model military-pnva e .. I t h·stork underutilized faClhty restores va ue 0 I , First Enhanced Use 1_ east" ng ao0r"e.e ment h U S Army and a private between f e ." develOf"" Integrated many stakeholders to achieve mutual goals . ."" d redeveloped historic hut Remechatt::O..' an . ,_..I hospital to create modern contamlna eu . " office space that respects the ongmal historic architecture WESTON has a history of more than 50 years of proven experience and outstanding project performance that demonstrates we can bring together the resources necessary to deliver sustainable so lutions that work. II WESTON attacks critica l, technica lly challenging problems by assembling a focused team of our most important asset: our people. • People Our people make the difference, serving our clients with teams of motivated, engaged, and talented employee-owners worldwide. Our work environment encourages integration and collaboration, and we capitalize on individual strengths to ensure that each employee does what he or she does best. Our 1,800 employees reach out from more than 60 offices around the globe to fulfill our mission, allowing us to match our diverse ~orldwide talent to our varied customer base, and to respond quickly to our clients' needs. Each of WESTON's employee-owners is a partner in our success, using imagination, innovation, and technical expertise to support our clients and propel our growth. We take pride in meeting the needs of our clients, knowing we are contributing not only to the success of our company, but also to that of our clients, and that we are making a difference in the communities where we live and work. At WESTON, our passion for the work we do is reflected by our core values, which are at the heart of all that we do: Integrity • Client Focus • Teamwork • Safety Exceptional Qual ity • Making a Difference . mental (enter. OutdOOI Itn\l~~~IY School Oltega t em .' J1lJ1lunlties ·n the co . a difference 1 Malung d yJol'k """re we \ive all around the WH~ ees {ro'" '{1 e 100 elnploy Austin 01 Ie ()\Jer nose {ronl our world joined l tal)' school I elenlen 15 to at a loca . I... tne sluden sWllfl ''''arked in learn . ... ce dassroOiT' vv door sCle •• te an out rl"Iy hoUses, erea . d I1d butte lied. ,t.r,nsta\led blr a .... banel to co SUI v' I1d a-ra-h. . _,1 oardens, a rcen r31SI;!U !? tne ga.roens g waler to keep Our Services ~ Environmental Solutions • WESTON's diverse environmental services are focused on developing and implementing sustainable solutions. • Environmental Remediation-safe and cost-effective solutions to complex remediation challenges • Emergency Response-proven capabi lities for sampling and decontamination • Integrated Air Services-air quality management services to assess, monitor, and improve air quality and industrial air emissions Sustainable solutions are • Water Resources and Ecosystems-50-pIus years of experience restoring water resource efficiency the hallmark of our • Heallh, Safety, and Compliance-identification and response to health and safety compliance issues, such as permitting and NEPA requirements diverse teams of • Munitions Remediation-solutions to munitions and explosives of concern, chemical warfare, radioactive, and biological materials issues environmental services • Solid Waste and landfills-designing, engineering, operating, maintaining, and expanding municipal solid waste waste operations pro(essionals. Stormwater Monitoring WESTON provides environmental consulting to the City of San Diego He lped w ith permit complia nce Assisted in securing grant funding for water quality improvements Providtc>d watershed manage ment, monitoring, and planning Performed a wide array of other services and projects Global consulting: Rapid Response .. oChina in obtaIning . ted Pelt 1 WESl"ON asslS China's en\lironrnenta approvals frorn regulator.> " dentified . ed deSIgns, • ded Re\lIev-' d reCornrnen • tal issUes, an env;ronmen ' I the regulators , to satlS y alternatIves esolve a yearlabal tearn to r Assernbled a g nth including , than a rno , Plus issue ,n less , 'th stakeholders eetlngs W I 'd face-ta-face In ' in time to avo' ulators in ChIna, and reg . I financial losses s.L gm·1·l Ca nt patenl13 m WESTON's innovative solutions allow underperforming assets to reach their full potentia l through evaluation, planning, and redevelopment. Ii __ _ Our Services • Property Redevelopment WESTON offers an innovative approach to restoring underperforming assets through our Integrated Redevelopment and Infrastru cture Solutions (IRISSM). IRIS brings together risk tran sfer, sustainabi li ty, and fi nancial solutions to revitalize impaired property. Starting with the end-use in mind, we provide a complete suite of capabil ities that reduces cost, schedule, and ri sk. • Environmental Liability Transfer-complete removal of environmental liability • Property Acquisition and Redevelopment-meeting property transfer and redevelopment objectives • Site Evaluation and Planning-helping clients view environmental ly impaired properties as assets with unrealized potential rather than as liabilities • Early Transfer, Enhanced Use leasing, and Real Property Exchangegovernment programs that make the most effective use of real estate, including contaminated properties • Brownfield Redevelopment-total solutions to issues a ri si ng from real estate burdened by significant environmental liabilities Our integrate.d process reduces cost, schedule, and risk to put property back into productive use. With our a ligned approach, we manage the e ntire redevelopment, absorb risk, and sha re reward s. We specia lize in innovative financial solutions for property redevelopment, actively investing as an equity partner. Our Serv ices Design/Build Construction • WESTON's extensive facilities and infrastructure capabilities provide an integrated approach that minimizes project risk and reduces schedule lag time. • Construction Management-expeditiously delivering specific construction needs, from the initial scoping through final ribbon-cutting • Renovation--cost-efficient, complete solutions, including lead paint and asbestos abatement • Fuel System Services-traditional design and construction capabi lities, combined with hands-on operations and management experience • Demolition and Decommissioning-surveys, sampling, designs, recycle/reuse studies, and transportation and disposal cost analysis • WaterlWastewater Systems-more than SO years of experience designing, constructing, operating, and maintaining water/wastewater facilities • Security/Facility Hardening-premier, comprehensive engineering and construction services for force protection and homeland defense We are particularly proud of our safety record, which is significantly better than the construction industry average. Exemplifying our approach to safety was our performance in New Orleans: while the ind4stry average is more than seven reportable accidents per every 100,000 hours, we worked more than 450,000 hours-often in hot, humid, 24/7 conditions-with two reportable incidents, an achievement that was recognized by the u.s. Army Corps of Engineers. Youth Center Construction Crt'afed a 34 000 2 • ' ~ft facility (or children General Contractor Demolition o( old __ I e r eXlstlOg b -, -ead paint d Ur dings, an asbestos ab preparation and atement, site , construction Incorporated emergin ho security and r. g me/and Oree protection r . Created , eqllrrernents a pace for th h" the base to " e C "dren on e n vironmen'tnteract in a safe, fun WESTON is recognized for our ability to successfully complete designlbuild construction projects worldwide, with an outstanding safety record. WESTON he lps our clients focus on green operating practices, improve the bottom line, and explore sustainable energy solutio ns. ID __ _ Our Services • Green Buildings ~ Recogni zi ng that successful projects must now achieve superior environmental performance as well as economic results, WESTON helps owne rs, a rchitects, and design professionals with p la nn i n~ engineer i n ~ and construction of high. performance fac ilities. • GreenGrid® Modular Green Roof System-roof systems that reduce stormwater runoff, improve energy efficiency, . and extend roof life • leadership in Energy and Environmental Design (lHIJ®) Consultingevaluating a range of technologies, techn iques, materials, and strategies to maximize a building'S "green" potentia l • Green Site Selection-assisting with the selection of green si tes, and the planning, engineering, and construction of high-performance fac ili ties WESTON offe rs a broad range of sustainable design and construction services. We bundle green products and techno logies into comprehensive solu tions as part of the sustai nable design and construction process. Clean energy offers a cost-effective way to meet the growing demand for electricity while reducing emissions, lowering costs, and improving reliability. • Energy Efficiency-comprehensive energy management, including energy audits and recommendations • Renewable Energy and Alternative/Renewable Fuels-cost-effective, tailored solutions, including feasibility studi es, permitt ing, and development advice • Greenhouse Gas Management-greenhouse gas emissions inve ntories, reduction projects, and market transactions • Landfill Gas Recovery-design, construction, and O&M services for aclive and closed landfill s, including landfill gas-Io-energy systems landfill Gas as Renewable Energy WESTON-designed system ~ses landfill gas (lfC) to fire nearby brick kiln . ed nllection and control system DesIgn c'1' -f t than 1 million cubIC ee to remove more of LFG daily Used by off-site end-user as energy source for brick-making oven ded improvements to anOw Recommen continuous operation and regulatory compliance • NI~~~~:~ Gonenverating Station er510n A wide array of servconvers ion of e .'ces to SUPPort _ a fosslI·fuel I . generating stat" S e ('ctrrcal WESTON he lps our c u sto mers explore su stainable energy so lutio ns, a smart choice for greener op erations and improvements to the triple bo ttom line, Ion to One burn in ' • Served _ g bIomass as project in! pal1iciPafed in u _ egrator and p blJc meelings Prepared emission esti quality Illode" males and air Ing to obla -permits In Operating Helping to Use a Sustainabl ( thaI would olherw' e ucl SOurce Ise go 10 a landfill IIJl The Trusted Integrator for Sustainable Solutions C-orpor.lh· Heauquartl::'r~ Weston Solution.." Ill( 1-l00 We<-fcm Wav • P.O_ Bo\, 26~.J • \ VP':'>t ( hesh··r, PA 11) lfiO PhlJlw: h 11).701·]000 • rax: () 10-70 1-\ 186 • www,we"ton..,ululion'>.Lom Office locations Alabama Auburn 334-466-5600 Afghanistan Alaska Anchorage 907-343-2700 Arizona Tempe 480-477-4900 Canada California Carlsbad 760-795-6900 Newport Beach 949-260-2088 Sherman Oaks 8 18-464-7050 Germany Wal nut Creek 925-948-2600 Colorado Denver 303-729-6 100 India Colorado Spri ngs 719-260-4460 Connecticut Glaston bury 860-368-3200 District of Columbia Washington 202-74 1-4800 Japan Florida Panama City 850-769-9624 Georgia Norcross 770-325-7900 Korea Hawaii Honolulu 808-275-2900 Illinois Chicago 312-424-3300 Vernon H ills 847-9 18-4000 louisiana Balon Rouge 225-297-5402 Lithuania New Orleans 504-544-6400 Maryland Abingdon 4 10-6 12-5900 UAE Michigan Det roit 313-739.2500 Houghton 906-482-7207 Okemos 5 17-381-5920 Nebraska Omaha 402-342-4901 New Hampshire Manchester 603 -656-5400 New Jersey Edison 732-41 7-5800 Woodbury 856-686-2 105 New Mexico Albuquerque 505-837-6520 Norlh Carolina Ra le igh 9 19-424-2200 Ohio Cinci nnati 513-826-2300 Cleveland 440-202-2806 Dayton 937-53 1-4400 Oklahoma Oklahoma Cily 405-234-3800 South Carolina Charleston 843-789-5600 Texas Austin 5 12-65 1-7 100 Corpus Christi 36 1-939-5700 Da llas 469-374-7700 Houston 713-985-6600 San Antonio 2 10-308-4300 Virginia Chesapea ke 757-2 14-6810 Washington Seattle 206-52 1-7600 Wisconsin Milwaukee 41 4-347-1697 Kabul Calgary Wiesbaden Hyderabad New Del hi Tokyo Pyeongtaek Si, Ky un g K i ~ Do Viln ius Dubai + 1-703-62 1-0766 403-852-8528 +49-6 11 -174-7759 +9 1-40-3048-0900 +91-11 -4223 -53 11 +8 1-80-6790-1346 +82 -3 1-6 1 1-4888 +3 70-5-26 1-0824 +97 1-4-299-4420 an cmploycc·owncd company G> ""NrrOONRl CYC/H)I'M'Efl I-.~ c c Z c ."" .Q 1j c ...... c :{) tJ c .Q ~ 0 ~ .= :::; E: ~ c " ~ '" §; .3 .5 Co. c ~ II ~ e 0 .~ '" ~ c ....... lil c .~ ~ ...... 3l ~ > .Q c ...... ~ '" v ~ ilL t , 0 0 .z... .. ...... c.: ~ Green Development: Economic and Environmental Sense Sustainability nas permeated every aspect of development and redevelopment, and end-users are increasingly demanding improved environmental performance. Properties that result {rom '"green development" are highly marketable, making sustainable development the smart choice for the environment as well as the bottom line. Weston Solutions, Inc. (WESTON") provides value at every stage of green development. • An integrated approach • The capabilities and resources to plan, design. and implement full -§E!rYice sustainability solutions • The expertise to identify hidden values and potential costs • Dozens of lEEO-·accredited professionals in-house, to identify opportunities for lEED points WESTON cu5tomizes optionS to inherent value. • Conceptual site pl.lns that Include cost-effective, highly vIsible, and recognizable sustainable elements that aid in property marketabiliry • Site planning. including evaluating Sites for lEED credits and incorporallng low-impact design features for maximum profilabillry • Review of project capital grants, empowerment zones, lax increment financing. special taxing district, and other funding options • Early stakeholder involvement-including regulators--to streamline permitllng. zoning varinnce, and public-sector funding efforts • Redevelopment that capitalizes on brownfield opportunities • FinanCial analysis of green design to maXimize return on Investment • Analysis of the -flghl-sizing" of system components to minimize cost and maXimize efficiency • Incorporation of green design elements early in the design process to Increase effiCiencies • Workable, practical designs that maximize savings and minimize environmental impact WESTON brings a green-minded approach to all aspects of facillIY constructi~emechation , site development, vertical construction, and prOlect close-oul. • Customized scope of work to meet dient needs, including construction mimagement. subcontracting. managing green demolition, or Installing a GreenGrltt-modular modular green roof • Ensuring aU stakeholders and subcontractors underSland green requirements • Proper documentation of demohtlon matenal disposal to ensure no loss of lEED credits • Safe, on-schedule and on-budget construction management systems WESTON employs a sustainable approach to renovation and, as needed, demolition, • Preservation and renovation of reuSJble components • Maximized salvage and r~use of matenals • Minimized envlfonmentallmpacts during renovation/demolition • Recycling and appropriate disposal of all debriS • Improved marketability and appeal to current and future tenants • Optimized building efficiency to improve the tnple bottom lint' of people, planet. and profits • Tools and technologies 10 assess and momtor building operauonal status • Possible aitern3tl\'e finanCing melhods such as shared saVings • ?-I ~~ TRANSFORMING LIABILITIES INTO ASSETS -. Remediating and Redeveloping Environmentally Chal lenged Properties an employee-owned company NGES VED WESTON} Rederelopm8nt Prol1l3m > Restorlng Resource Etticienc I Community Acquisition and Disposition of Brownfields Local communities in the process of acquisition or divestiture of environmentally impaired properties or brownfield sites face unique challenges. Whether these properties are acquired from federal or state entities or from defunct corporations, local decision makers are often presented with real estate burdened by significant environmental liabilities. Analyzing, taking possession of, and disposing of such properties requires a high level of expertise. The WESTON team has the expertise to provide total solutions to issues aris~ ing from brownfield development. With today's emphasis on "smart growth," increased interest in urban revitalization, and new federal funding initiatives bringing brownfield development into the forefront of real estate development opportunities, communities face the daunting task of taking possession of environmentally impaired property. Managing brownfield properties through the redevelopment process requires an informed group of professionals that combines hands-on environmental assessmenVremediation and risk management experience with real estate development knowledge. Whether you represent an economic development corporation, or a local government or redevelopment authority seeking to restore brownfield properties to productive use, or are considering taking title to such properly from private entities through either condemnation or federal sources, WESTON's team of experts will assist you in identifying SOLUTIONS for your needs. > 50 ving Your Tau lest C J enges The WESTON Thr ee-Stage Pro cess WESTON has developed a redevelopment initiative that identifies, evaluates, and prioritizes potential brownfield development. This innovative three-stage approach is designed to solve your toughest impaired property challenges: St~lge 1 -The first stage of this process is designed to ensure that the needs of our client and other key stakeholders are satisfied. We do this by first preparing a reuse analysis that combines our in-depth environmental evaluation with real estate market and financial analysis to ensure that proposed remediation and redevelopment solutions satisfy regulatory requirements while meeting the client's financial goals. The reuse analysis also focuses on securing public support to ensure that we provide local officials the opportunity to rally behind an economically feasible and environmentally sound cleanup program. We also help secure regulatory support by providing a basis for negotiating an economically feasible cleanup plan that is focused on the selected reuse alternatives. Stage 1 promotes cost-effective site development by providing a framework for success while minimizing environmental costs. Stage 2 -Stage 2 involves preparing a risk management plan. This plan clearly defines the environmental risk issues and outlines the tools and options available to mitigate risk and provide protection to future owners and the public. It also includes a a detailed analysis of third-party financing options, as well as opportunities for coordinating both the remediation and redevelopment to reduce overall costs. The plan is designed to introduce an economic development program demonstrating a sound and cost-effective environmental remedy. The plan ensures that the site cleanup and end-use plan serves as a win-win proposition for you, the regulators, the local community, and potential investors. Stage 2 of the process also includes the following: • Costweffective site characterization. • Liability insurance investigation. • Identification of potential redevelopment partners. The risk management plan provides a quantified, casted understanding of the property liability and empowers our clients to make educated decisions about acquisition or divestiture of the property. This plan allows our clients to present a cohesive and well thoughtwout action plan to their communities. Stage 3 -The final stage of our process involves transferring site liabilities into assets by structuring the sale and redevelopment of the property in a timely manner. This is accompl ished through an equity investment with a structured financial arrangement managed by ei ther a major investment house, by WESTON, or by both. This type of arrangement provides the buyer with financial certainty and long-term liability protection. Liability Transfer Options The following liability transfer options can be considered: • WESTON can purchase the property directly. • WESTON can take ownership of the property through a jointly held entity comprising WESTON, a public partner, and an equity or developer partner. • WESTON can facilitate identification of a specific end-user and/or developer to participate in the property at an early stage. I > Brin in Benetit The WESTON Difference The WESTON difference results in tangible benefits to our clients. These benefits include: • Maximum savings and quicker return to productive use through integrating environmental remediation and site redevelopment activities and employi ng risk-based cleanup programs. • Future liability protection through innovative risk management strategies. • Enhanced public image as clients are seen as proactive, environmentally responsible corporate citizens. • Structured financing options that meet the specific needs of the property owner and help ensure the success of the development program. WESTON'S Redevelopment Program aligns our interests with those of our clients, allowing both parties an opportun ity to realize profit if the job is done effectively. WESTON and the Community: Working Together Unparalleled Experience WESTON's exceptional project management of impaired property redevelopment is a winning proposition! • Over the past 3 years, WESTON has assisted clients in completing more than 2,000 property transfers. • Over the past 5 years, WESTON has provided over $50 million worth of remedial design services to our clients. • WESTON has also provided well over $500 million worth of waste cleanups, closure, and release abatement associated with property acquisition and divestiture. Examples of our ability to successfully transfer impaired property into assets include the following: New Life for Fort Sam Houston Redevelopment of abandoned site brings new life to structures and saves Army money -WESTON and our development partner Orion Development have entered into a 50-year lease of three unoccupied buildings totaling 500,000 square feet of space within the gates of Fort Sam Houston in San Antonio, Texas. The three historic buildings, Brooke Army Medical Center, the Army Medical Department Center and School, and the Institute for Surgical Research (The Beach Pavilion Complexes) were vacated in the early 1990s as newer facilities were built. Each building contained environmental impairments and lacked the infrastructure or building systems capable of accommodating modern medical facilities or business offices. WESTON and our development partner negotiated leases and secured the necessary financing to initiate the remediation and redevelopment of the structures. The Department of the Army will be relieved of paying over $1 million in annual operation and maintenance costs, and will also share in the lease revenues generated by the redevelopment. During the development of the Business and Lease Plan prepared for the Army, WESTON was actively involved in preparing a Financial Plan, a Marketing Plan, an Infrastructure Plan, a Historical Plan, an Environmental Plan, and a Community Relations Plan. During this process, we achieved our client's goals of: • Reducing operating costs • Providing stewardship for the buildings • Supporting the ongoing mission of Fort Sam Houston Mare Island Dmdge Pond Cleanup at former Navy shipyard provides viable reuse for City of Vallejo -WESTON is partnering with the City of Vallejo, California, in remediating and redeveloping this former Naval Shipyard property. In this effort, WESTON is performing both the developer and remediation contractor roles for the western parcel of Mare Island involving over 3,000 acres of land. The Mare Island Naval Shipyard was closed in 1996 aher operating for more than 130 years as a repair facility for the Cleanup at Mare Island western fleet. After developing a reuse plan for the facility wi th the Local Redevelopment Authority, the Navy transferred ownership of the property to the City of Vallejo for reuse. WESTON was chosen by the city to remediate the existing dredge ponds on a 3S0-acre portion of the property. As part of this process, WESTON has guided the city through the Department of Defense's Early Transfer Process and is assuming $54 million worth of cleanup and closure and environmental liability obligations of the Navy. This process will allow development and cleanup to be completed several years ahead of the Department of Defense schedule. >An Investment in t e Future WESTON clearly understands the challenges you face. We understand the financial uncertainty that environmentally impaired properties present to owners and the need to return such properties to productive use. WESTON's three-stage Redevelopment In itiative solves your challenges by preparing a comprehensive reuse plan that meets the needs of all stakeholders, ensuring long-term risks are properly managed/mitigated, and bringing fi nancial backing to the purchase or redevelopment of your site. This winning proposition enables you to generate faster and larger profits as well as share in the returns from redevelopment. > 11ll airec Pro lert Rec eve 0 ment Protessiona s at Weston So utions, Inc. John Walker Washington, D.C. 202-741-4805 John.Walker@westonsolutions.com ~ Click To WESTON On The Web www.westonsolutions.com an employee-owned company 8·0016 3.05 Weston Solution s, Inc. (WESTON") is developing Ga rri son Station, a highly susta inable, mixed-use redevelopment of the 4.47-acre lot on the corner of West Colfax Avenue and Garrison St reet. The site's environmental contamination had created a barrier to redevelopment. As a full-service remediation and redevelopment company, WESTON saw the prope rty, the site of a former car dea lership, as the perfect opportunity: convert a blighted property in the midst of a resurgent neighborhood into a vi brant, sustainable, transit-oriented developme nt that will help spur economic growth in the area. Current plans are for a mixed-use site, including offi t:e space, retail , and dining. Continuing our 25-year presence in the Denver area, WESTON will relocate their loca l office and make Garrison Station its new sustainable home. GREEN from the Inside Out Sustainability is built into WESTON's way of doi ng busi ness. In the course of removing the property's existing structures, we wi ll use green deconstruction techniques. Thi s w ill minimize th e amount of materi al sent to landfills by maximizing the recovery of materials for reuse or recycling. As the sale U.S. distributor of the G r ee n G r i d ~ modular green roof system, we plan to install a GreenGrid roof atop Garrison Station, which w ill improve energy efficiency and stormwater management. WESTON is committed to creating a green development, targeting Gold· level LEEO" certification. Garrison Station Milestones • WESTON employee volunteers cleaned up trash and other debris from the site, eliminating its "eyesore" status to help improve the neighborhood. • Green deconstruction will remove the exist ing structures and final remediation will make the site ready for redevelopment. • Approval of permits and site plans w ill allow constru ction to begin. • A mixed·use complex opens, providing tenants with many sustainable amenities and an energyefficient structure. The Trusted Integrator for Sustainable Solutions WESTON offers an innovative approach to restori ng underperforming assets to their fu ll value by combining cleanup, engineering, construction, and real estate management through our Integra ted Redevelopment and Infrastructure Solutions program, known as IRIS''. WESTON serves as the integrator, aligning stakeholder goals to successfully complete projects. We offer: • Integrated Operations: Our process reduces cost, schedule, and risk to put your property back into productive use • Aligned Approach: We manage the entire redevelopment, absorb ri sk, and share rewards • Innovative Financial Solutions: We actively invest as an equity partner We seek opportunities to work with state and local governments seeking to recapture the trapped value in brownfields or other environmentally impai red properties. Mutually beneficial strategies include WESTON: • Purchasing a contaminated property outright but sharing the value of leased income after redevelopment • Providing equity in the form of capital investment and/or remediation and construction services while the owner retains title and sharing in the proceeds of a later sale • Assuming environmental liability to allow the transfer of the property at any stage of the remediation, and performing the remediation and development WESTON delivers integrated, sustainable solutions for environmental restoration, property redevelopment, designlbuild construction, green buildings, and clean energy. Dedicated to making a difference in the world, the company's 1,800 people reach out from 60 offices around the globe to build strong stakeholder relationships and produce solutions that work. L Firm History Founded in 1978, SF.i\1 Architects has one of rhe large" portfolio!' in the commercial, retail and inc!u:-trial sectors in the Rocky j\Ioumain \~'est region. Building on earl~' commissiuns in the dC\'e\opmcnt industry, the firm has evoked frolll ;l business-focused enterprise to a full-ser"ice, design-oriented arch.ircctural practice. In its first decade, SEt\1 adnmced from scrdng local diems to playing roles in regiunal and national projects. By the mid-j 9905, as the firm went national, its services grew to encompass comprehensi,'c arclLirccruraJ, master planning. entitlemcms, and interior dcsihrJ1 services for our clients in rerail, industrial, office and build-to-suit markets. Recent yea rs have seen an expansion of our portfolio to include local neighborhood retail and resraurant~, regional mixed-use town centers, and oHice parks and corporate headquarters, as well as roU-out progran"'ls for national retailers. The hallmark of SEJ\f's work is its unparalleled cuStomer service. Principals, directors and designers arc an integral component of e\'cry project tcam at c\'cry stage, from initial vision, ideas and design concepts, to planning and cOnStfLlction pha.se services. Staff members arc ;l\'ailable for consultation at all junctures of evcry project. The firm's achie\'emcnts and its extensive referral network are testaments ro the succcss of this approach, and to the grateful appreciation for its clients. OUR M ISSION & WHY WE EXIST The "'uccc"', of OUT pracliL'I.: i ... ha"'L'd on thL" inlt:gTit~ of our ongoing n.:lation ... hip .... · -BniC:e McLennan " u --u ( o o 2 /) lJ :) 3 Design Approach I , AR C HI TECTURE I S T H E ART OF .. • composing spaces that respond to environmental conditions and address a client's needs. Whatever a project size or budget, we strive to create places that enrich how people live, work and play. We direct our energy towards an architecture born of human needs that responds to physical, social, and economic circumstances. We are not vendors of fashionable trends, but believe that good design defines our environment because truly innovative design is a source of inspiration to those who encounter it every day. " DESIGN PHILOSOPHY S I ~M ,\rchi[Ccts combines imp[o"isation with lateral thinking. a creative process for generating ideas, in order to break through accepted thinking while soJI operating \\tithin real-world consr~ajnts, rC~Ollrccs, and suppOrt. I.ateralthinking develops solmiolls through an indirect approach that 1110,"e5 from a known idea to a nc\v idea. \,(Iith a strong foundation of [cchnjenl expertise and carefully honed intuition, SEi\ I designers improvise on the challenges and resources unilillc to each opporruniry, inventing new thought patterns, practices, structu res, or nc\\! ways that peopll.! could interact with spaces. The sLiccessful outcome is helping clients find the distincth'e solLltions rele\'ant ro their siruation. The dc~ib"" process begins with an open dmlog among diems, consultants, and the design team in a workshop setung, to dc\-elop rhe program; to analyze relc\'ant case stud ies, and to create a framework that will bring the project to fu ll fruition. The fu ll tcam csrabUshes goals; collects, organ izes, and analyzes data; formulates relationships, and es tablishc:-I prio rities, in Dreier to define the chaJlenge that dlC design solution will resol\'e. On this basis, the architects create a rcal-world design a.imed at achieving the client's objecti\·es. Case srudies of similar projeccs sen'e as resources that inform the design process, enlighten the ciiem on current design trends and ~uggest a platform for unique a]tcrnati\cs. Existing ideas become the basis for challenges to conventional thinking, \vith the ultimate goal of establi sh ing the big idea -a defining concept and guiding influcnce, which will keep the design true to its origins and consistent wi th its objecti\"es. Through the Design De\'clopment and c.ontract Document phases of the project, S I ': ~1 concentra tes un documenting the project with best practices, stringent quality-control procedures, and coordination of aJi work. Detailed [ask lists, milestOnes and pcrformance-based criteria "crify the wurk of all project members as complete and accurate. The budget is \"etted through coS(/bcnetit systems analysis and milestone estimates. FinaU~', the design imcnt estabHshed during the genesis of the project drives a consistently high quality of work through construction and project dose-our. 5 , STRUCTURE Projects begin as indi\'idual design stud ios are assembled for a commission, bringing together an array of seasoned profcssionaJs, creative designers and developing talent. These tight-knit, diverse groups collaborate directly with clients [() establish an in-depth understanding: of the projc([ goals that will fulfill the program. Studios arc led by a Principal, \vho rake an acriyc role in c\-ery aspect, working in creative collaboration with the client over the life of the project. Principals fouuneiy fill the Project Architect role on a design team. Complemented by experienced Project Managers, they lead rhe design team and are in constant cornmunication \\-jrh rhe client. The Principals' experience is enhanced by a dedicated g-roup of Associates and the im"aluablc resources of Directors, who are responsible for crcating and maintaining quality and consistency in specific aspects of SEA l's practice. This personal attention and tCilInwork ensures the ~lIcccssful desih'1l, documentation and quality control of the client's program. SEM ARCIIIII C IS Organization I PEOPLE MAKE THE DIFFERENCE .. . " At SEM Architects, every project gets the oversight of our managing principals . Our entire staff has a strong commitment to excellence and has a vested interest in our clients and the success of their projects. While each member of our team offers a unique range of talents, we focus on blending those talents to create a successful collaboration that is responsive to the client's program, budget, and schedule. We consistently optimize the value and quality of the designs that we produce. " WHY CHOOSE us S I':M J\rchitects has earned a reputation in the a rchitccwral industry for consi~tenrly great design and consummate customer sen-icc. W'e arc relationship-based and our success rests on our commitment to collaboration. Our practice is a business bur jt is also a family. I SE~ I offers an unparalleled combination of the pragmatic and the crcaci\'c, with a practice thal exists at rhe interface of business and design. I t is our understanding of both de\'e!opmcl1t and design that drh'cs our success. DEVELOPMENT Our early repu ratio ll was earned as a down-to-earth business practice that worked on both sides of the dcal-making ledger. O\'e( the course of a decade, SE~ I has rransiormed to become a design-based bur still markct-::;a\TY architectural firm that, relics on extensive experience in project development, and continually deepens understanding of the market, Bottom li ne, we bring a keen eye to the potcnrial of each project, DESIGN In SEM's hands, a building is architccture before it's a project. \'('c've built a team that knows the \'aluc of design and works [0 baJance the artistic with realworld considerations. \X'e understand rhat the design process, establishes character, personality and brand, highl~ influences and often determines public perception, and significantly impacts project nlluc and success, \,\'e are carefuJ to craft a design solution that interprets the cHent's objecth'cs in tCfn1S of the \'isual quality, character and presence of a project. SE1\\ Atchitects' expertise and experience encumpasses a solid and insightful system LO support our clients' success, \'\lc look forward [0 rhe chance to help you achie"e you r goals. .• rilL UL't\. ~. "'''' of Sf ~1 \rchitL'L'b O\t..:r thL' pa ... t _" I ycar ... Clil largely hi..' IttrihutL'J til thl.' ljll.tlit\, III 't..:l\ 11..\.' \\1.' prm Ide t..:·lChtl1ll L'\"l:~ om: (If our (lien", (}ur goal \\ It II C\'i.:ry client i ... to hL'CPIl1L' tilL'l!" ~!l) tll arclllll't't 'Illd dc\ L'lop IOIl~-t(,'rlll ongoing rl'l;ltilllhhip.... -Terry Rucker SEM ARC IIIHCTS u -o ( U o 6 Urban Revitalization The Streets at SouthGlcnn i:s the [t.'de\-e!opmcnt of the existing SouthGlcnn Mall into a mixed-usc Community Center for the City of Centennial. The rcdC\clopment plan develops a 2,500,O()() !'tjuare foot Town Center between the existing t\lacy's and Sears stores, and expand .. the Oil -site development to the perimeter of the properly to include additional n.:rail shops, restaurants, banks anu strdees. The center i!-n:nically mixed \\'ith bdow-grade parking, strecllen:1 retail shops and either rcsidcmial units or office space, the o\Trall project budget is more than 5300,000,000. SEi\1 Architects is the i\laslcr Archirect for the merall project and is responsible for l'ntitlcments, site ptanninp;, archilcctuml design, tenanr cuordinatiun, contract administration and dc~ih'll O\'e r~i,l!;ht <lnd coordinauon. The Streets at SOllthGlcnn blt.:nds premier local and national relailers \\'lth hold new brands to pro\'ide an t:'\ceptional, exclusi\'c shopping experience: and conn:nicnt access to the amenities shopper!' !'et:k in one place. I\diacent to south Demel" ::; premier neighborhood!<o, the Dr.:I1\'(:r Tt.:ch Centl'r and othcr prosperous and growing residential ,Ind profc.:ssional communities. References lJun I'roH)~1 1 Bryan I\kl •• rI,md I Alberta Development Partners .\1,\,//1. On i .. ".,} 1tt",,1. \/11/( ':.J(NI (.r'Y'IIII'II," I ·III.!;'. (."'()r.~d() SII//f ;OJ,'17(.IIIOI 7 SEM ARCIIIIICIS (i LEED NC Silver A iASllIIg Impressiutl From an c\rJn~ivc l};Irk '>!relching one cit) hlod •. lo 100lt;ng .. ide""alk caf6 and:l new hhral) . The Strc..:b al SoulhGlenn L' de .. tined 10 hecomc Ccntcnni[tr~ luwn center. in~rirjng n..:ighhorll()(l(1 S;lt h cring~ for ),car, to come SEM ARCIIIIICII 8 Lowry Vista LOWRY AIR FORCE BASE REDEVELOPMENT DENVER, COLORADO References Bill Tippman I Peter Gof fl>lein I Bear Creek Capitol '}il') \f"'1~~'1i,'(l1 /(IJo,d. l h"rlll, f ('::1 ,'/1/1/0111. Olno·/;.'12 i/I. ~ 91.1 j r)(} 9 SEM ARCIIII [ CTS , , Url,UII Life til Nil/lire S Door Slep ~--Lowry Vbla .... ill he e nvi runmentally rcspon:.ihlc and :H: ~lhcljc,t lly "tu lIIling. Urban Community Ll>l:atl.!u on 1')0 i.u:rl.!s in D~l1\cl'. Lowry Vi,lil n.:-cmi"ion" a former Air Forc!.! property <1:-. it lhrivlIlg Clmll11Unit). But thl'" i ... not all (I\cragc (.'ollll11unity. Nc ... tkd nnt to 100 at.:rc ... of Opl.!l1 ... pace anti II !le""I! rcmodclctl golf cnllf'll.!. I.lmry Vi ... ta \\ill he a true urhan mi\cu-u'Il! 111'0\\ nficld uncIOpl11l!I1L. including rc ... iLlcntial. retail. and clltcrtainml.!nt \ emil:"'. SEM Architect--. j., tht,; ma"'!Cf pl.lIlncr. and archiu . .!ct [or the project in conjunction with Davis Pilfllh.:r"hip. SI::.M i ... thl.' Architect of Rl!l:lm.l for the I million plu ... 'quan; ft:ct of commercial dC\l!Illpmcnt. while the 0\ crall hudget of the pf()]ect will top S250.OIHI.o!HI. Thl.! concept for Lowry Vi..,w i ... to create a close-knit neighborhood de ... igncd to match motlt:rn expectation.., of rc..,pomiblc gnlwth and qu'llil~ -l)f·lilc. U~ing modern urhan planning. Lo\l. r;. Vj,ta \vill offer a pedL'Slr1~ul·rricndly. 1111 \ed·u ... t: C01ll1llU n it) adhering to Denver .... ,-u,:claimco Main Stn:et dcvelopment pril1l'ipk .... \\hic:h promote ,u ... tainahle. nlulti·u ... c development, The proj!!ct hi.l!-. four major goaI!-.: ,u.,tainability. Illodern urhan dc ... ign. inl'ill in ... tcad of ... prawl. and multiple connection, to the surrounding native cnvironment. At Lm\ol)' Vi ... ta. ll\lt only \\illthc op!!n 'pace be pre<;ernxl. but it can he used as an "outdoor clao;;sroolll," A ",pl.!cial signagc ... }'~tem will be developed to help educate cililCn'i and nearby ,choo\ children about nativc Coloratlu plant ... :1110 cco ... y ... tcm .... Around the open ... pace. Lowry Vista will connect tri.lil!-. that currently ot:<-Lu·cnu at thl.! ,\ir rorcl.! 8a ... l.': . By complctiny. tht.:' llighlint.:' Canal ilnd WI.': ... tcriy C'rccl-. trail .... LO\H) \,i,ta \'vill providc ,urrountllng llt:ighhorhond, \ ... ith greater mobilit). Thmughout thc tlc\dopmellt. I hcn: \\ ill hc man) park ... anti gathering arca." IlltcgrallO thc t(.)\\n l:cnlcr tle..,ign ign will ht: e\cnt 'pan:. plalas for markct<.. and cozy nichc ... for meeting Irk nth-.. There will he an "cllll.':ralu IIccidacc" of parks throughout the \igIH. using atlnll:ti .... e. uroughHOIl.':rillll landscaping. whidl j" "I rcspon ... iblc .... u,winahlc 1.:lll)]l'\.! for Colorado, New Urbanism Twenty Ninth Street t\ lali brings urban shopping sophistication to Boulder's growing residential and professional communities. The genesis of the Twenty Ninth Street rotall was to rcclc\elop an cxi~ti ng four~cily block !iuhurban ITlalJ Into a th ri\-i ng outdoor retail environment. The program for the entire project incorporates more than 800,000 stillarc fect of office. reLail, entertainment, and reSl;lurant space. The overall project budgcI totaled more than 575,000,000. SEJ\I Architect .. was the .Architect of Record and W<lS responsible for Site Planmng, ,\rchiteClural Dcsihrfl, Tenant Coorciinalion, and COl1l ract Administration. The rcsultjllg design crcatcd three distinct shopping and clltcn ainmcnt districts. cnlin:ncd by weaving thl.! Boulder st reet g rid th roughout the dcn:lopment. The project's challenges were met by designing the pnmary retail and plaza mcr an 800 car parkll1g dcck, and providing a \'ariety of k:~lsing orrornlt1itie~. The design includes distlncr building \'ocabu lan e~ urilizing dramatic ma~sing and gcometry, as well as a li\'e1y color palettc, that respunds to the contl'~ t of the existing city ,md natural features of B()u l(ier, Cuio rati(). References Run LAllch I Run Kuhn I Weslcor Partners lf111 ,'~t:'b /,/INlIIll",,/rl<lnl I'/"lrl1/,-';, 1'1,\;,,11.1 ;,"jzm, 6(11.9;/.r.Yil 1 1 SEM ARCIIIIICI\ New Url)lmism T\\enty Ninth Slrc.!t M.lllunlikc the mall that prefaced it. con~i:.b uf a cullcctiun of :.mallcr mulit-tcn;mt rct;ul huilding:. and big bU\ 'tore,> dl1:.h:red along a cen tral ~pi n t!_ SEM IIRC}}}}} CI) 12 49 I Retail Environments SI~'\1 Archltl:cts roots arc 10 the fl.:LlIl ~C<:lOr. \,\'c han: been cn.:alln~ successful rct:til t.:lwironmCl1lS for more dlan )0 years. and h:1.\,c dfll1e I1ltln.: ,han 16,O(J(I,(J(lO square fecI of space. Ret:l.il cm-ironmCl11S express thcmsdn:s in a \-:lricl~' {)f product types mnging from new 10\\,11 centers with a 1111:\ of uscs to traditional mails, power centers, neighhorhood cel1lcf, and retail strip ccmcrs. The..,c cm'ironmcl1ts continue to change and cH)in:, and Sf-,,\I ,\rehitec!s I'" on tht: forefront of (he n:tail dnclopmcnt sector, dcn:lopinp; new concepts while continually findll1g ways to rClI1n.:nl c:\lsnng ones. I Arvada Ridge MIXED USE 40th and Pena Boulevard Aurora, Colorado Cherry Hills Village Center Cllerty Hills. Colorado Crown Point Parkc!; Colorado Crystal River Marketplace Carbolldale, Coloratlo Gates Redevelopment Dem°er. Colorado Hampden Town Center Dem'er. Colorado Lowry Vista Deliver. Colorado Mainstreet & Pine Reta il Parke,; Coloratlo Silverthorne Town Center Sill'erillol'lle, Colol'lldo The Streets at SouthGlenn Celllellllial, Coloratlo Twenty M ile Town Center Parke,; C olol'lldo Twenty Ninth Street Mall BOLllder. C olol'lldo SEM ARCIIIIICTS I CornerStar URBAN INFILL 1000 South Colorado Glclldale. Coloratlo 2000 South University Denver. Colorado 239 petroit Denver. Colorado 700 Kalamath Denver. Colorado 801 Broadway Deliver. Colorado Denver Design District Del/I'er. Colorado North Creek Shops Del/vel: Colorado Silverthorne Factory Outlets MA L LS Bear Valley Mall Delll'ff: Colorallo Bowles Crossing LinlelOll. Colorado Cherry Creek Shopping Center Deliver. Colorado Durango Mall Dural/go, Colorado Flatiron Crossing Broomfield. Colorado Glenwood Springs Mall Glellwood Sprillgs, Colorado Lakeside Mall Lakeside. Colorado Southglenn Mall Centennial, Colorado Tamarac Square Mall Delll'er. Colorado POWER CENTER Arvada Marketplace AI1'ada, Colorado Arvada Ridge AI1'(ula, Colorado Bear Va lley Shopping Center Deliver. Colorado Bellview Shores ~Vesll1liJlSle/: Colorado Bowles Crossing Lillleloll. Colorado CornerStar Aurora, Colorado Flatacres Marketplace Parke,; Colorado Interplaza West Goldell. Colorado Lakeside Mall Lakeside. Colorado Lincoln Meadows Parke,; Colorado Mainstreet at Fl ati ron Broomfield, Colorado Northglenn Marketplace N0I1hglell l/, Colorado Parker Marke tplace A ltrom, C% rru/o Rocky Mountain Marketplace LOI'elalld, Colorado Silverthorne Factory Outlets Sil,·erlllOme. Colorado Town Center North Highlallds Rallch, Colorado Westf ield Shopping Cen ter IVestminsteJ; Colorado NEIGHBORHOOD Arapahoe Crossing Aurora. Colorado Arapahoe Marke tplace Ellglell'ood, Colorado Boulevard Center Deliva Colorado Bowles Vi llage Center Lililetoll. Colorado Chanson Plaza Lilileloll, Colorado Cherry Hills Marketplace Greellwood Village. Colorado Ci ty Center Marke tplace A I/rora, Colorado East Quincy High lands A I/rora, Colorado Harmony Marketplace FI. Collin;; Colorado Leetsdale Marketplace D eIlFCt; Colorado Parker Hilltop Parke,; Colorado Parker Marke tplace Aurora, Colorado Plaza ~t Aurora Mall Aurora, Colorado Quincy Marketplace Aurora, Colorado Seven Hills Shopping Center Aurora, Colorado Sheridan Crossings I,Ves/minslel; Colorado Tiffany Plaza Delll'er. Colorado Vi llage on the Park Aurora, Colorado Westbrook Shopping Center "Vestmil/stc,; Colorado Yale and Monaco Marketplace Delll'er. Colorado Retail Environments J RETAIL STRIP Alameda Chambers Conneclion AI/rom. Colorado Arapahoe Lima Center Arapahoe COl/lily, Colorado Broomfield Retail Building Broolllfield, Colorado Buffalo Run Village Retai l Commerce City. Colorado Bris tol Vi llage Aurora, Colorado Criterion Shopping Center , Delll'er. Colorado Coun ty Line Retail Centennial, Colorado Hoffma n Heigh ts Aurora, Colorado Lakeside Retail Lakeside, Colorado Mainstreet and Jordan Parker, Colorado Parker Crossing Parke,; Colorado Parker and Hess Parke,; Colorado Plaza Colorado Greellll'ood Village, Colorado Quail Creek IVestmil1stel; Colorat/o Quincy Marketplace Aurora, Colorado Shops at Crown Point Parke,; Colorado South lands High Visibility Reta il Allrora, Colorado The Vil lage Boulder, Colorado Vi lla Monaco Del/Fe,; Colorado SEM ARCIIIII C IS --< IU o 50 51 I Office Environments SI ~:o.1 \rchnccrs has an exteosl\"(: portfolio of officc project~ totaling more than 11,000,0(10 sCluarc ti.:ct. ()ur ofticc clwironmCl1lS arc one of lhe mon: cmical types of spaces thai we design as people spcnd Inore than 1)0"'41 of tht.:lr time.: Indoor .. and a Llrge portion of their day in these .... paces. Our office buildings range from large office park projects IIlcoq)()l";ltlng Illuluplc buiJ din~s and parking structur('s 10 smallinthnuual build 10 SUItS fur single users. \\'c ullll;r.c our t:::\pcricncc to create office cnnronmems that arc nOI only pleasing 10 the end uscr, but ones that maXlllllZC tht: t"imlllci31 bcndits for our dents. I Panorama Corporate Center OFFICE PARKS Church Ranch Office Park I VeslmillsleI; Colorado Coal Creek Corporate Center LOllis!'il/e. Colorado Dove Valley Business Park Cellfcl1ll;al, Colorado 1-225 Business Park Aurora. Colorado Information Handling Services DOllgllis COl/illy, Colorado Panorama Corporate Center Centennial, Co/amda Peakview Office Plaza Creenll'ood ViI/age, Colorado Riverview Point Business Park Iv/esa, ArizoJla The Quad al Lowry Campus DCIlI 'er, Colorado Waterpark at Briarwood ArapalJoe COI{l/~}I. Colorado Weslmoor Technology Park l¥eSlmillstel; Colorado SEM ARCIIIIIcrs I Westmoor Technology Park BUILD TO SUIT All state Claims Center N0I1hglellll, Colorado AulOlrek Corpora Ie Office LilllelOlI, Colorado Brann~n Sand and Gavel Adams COWlly, Colorado Cahners Publishing Co. DOl/gills COl/lily. Coloratlo Colorado Farm Bureau Ellglell'ood, Colorado CPS Distributors Headquarters Weslmillstel; Colorado Fidelity Investments LOlle '1)-ee, Colorado Gannett Outdoors An/ada, Colorado IBIS Com puler Facil ily BOlllder. Colorado IHS Corporate Headquarters 1 Englell'ood, Colorado IHS Corporate Headquarters 2 Englewood, Colorado IHS Corpora Ie Headquarlers 3 Englewood, Colorado I Sevo Miller Headquarters BUILD TO SUIT ccoNT. Macrologic Headquarters Arapahoe COllnty. Colorado Minolla Office Syslems AIl'ada. Colorado National Business Media Broomfield, Colorado Sevo Miller Headquarters DCIII 'el; Colorado The Sha ne Company Corpora Ie Office Creenwood Village. Colorado TMA Benerils Services Allrora. Colorado Uniled Hea lth Ca re Dem'er; Colorado Westerra Credit Union Delli'"" Colorado Westerra Corporate Headquarters Delll·er. Colorado Youlh for Ch ri sl Creenll'ood ViI/age. Colorado MED I CAL OFF I CE 20 Mile Orlhodonlics Parke!: Colorado Arbor Denlal Building LOlle Tree. Colorado Dr. Fedorowicz Demoer. Colorado Dr. Linkow Deliver. Colorado Dr. Shebowick Aurora, Colorndo Dr. Troeger Delll'e" Colorado Exempla Lutheran Southwest Jeffersoll COllllty. Colorado Lake Pleasanl Medical Office Lake Pleas{tlll, Arizona Meadows Medical LOlle Tree. Colorado Parker Urgenl Care Park,,; Colorado Veteran's Administration ALlrora, Colorado ADAP TI VE REUSE 677 Soulh Colorado Boulevard DCIl\'er, Colorado 700 Kalamalh DCIIFer. Colorado Association of Operating Room Nurses D Clll'er, Colorado Burlington Air Express Lakewood, Colorado Campus al Cherry Creek Denver, Colorado Inlelcom Group (ICG) Ellglewood, Colorado Jerfco Action Center Lakell'Ood, Colorado MCI Call Cenler Highlallds Rallch. Colorado Medical Group Management Assoc. Englell'ood, Colorado Sporls Aulhorily Headquarlers Ellglel\'ood, Colorado SPECULAT I VE 76 Inverness Drive Ellglewood, Colorado Center tech Place Allrortl, Colorado Church Ranch Ranch Corporate Center WestmillSIC1; Colomdo Coal Creek Corporale Center 1 LOllisl'ille, Colorado Coal Creek Corporale Cenler 2 LOllis!'ille, Colorado Coal Creek Corporale Cenler Sig. LOllisville, Colorado Exempla Lutheran Southwest Jeffersoll COli Illy, Colorado 1-225 Business Park 1 Allrora. Colorado 1-225 Business Park 2 Allrora, Colorado 1-225 Business Park 4 Aurora, Colorado Meadows Corporate Center 4 LOlle Tree, Colorado Meadows Corporate Center 5 LOlle Tree. Colorado Monlebto Office Building Las Vegas, Ne\'ada Panorama Corporate Center 1 Cellfenl1ial, Colorado Panorama Corporate Center 2 Centenllial, Colorado Panorama Corporate Center 3 Centenllial, Colorado Panorama Corporate Center 4 Cellfelll1ial, Colorado Panorama Corporate Center 5 CCllfenl1ial, Colormlo Panorama Corporate Center 8 Centellllial, Coloraflo Panorama Corporate Center 10 Cellfellllial, Colurado Peakview Ofrice Plaza 1 Creellwood Village. Colorado Riverview Point Business Park 1 !lifesa, AJizollo Office Environments I SPECULAT I VE (CONT.l Riverview Point Business Park 6 Alesa, Ari=ollo The Slreets al Soulhglenn -Block 3N Cemel/l1ial, Colorado The Quad Building 1 Delli 'Ct: Colorado The Quad Building 2 Delll'er. Colorado The Quad Building 3 Delll'er. Colorado Washington Point Business Center , Phoenix. Arizona Waterpark at Briarwood 1 Arapahoe COllllty, Colorado Waterpark at Briarwood 2 Arapahoe COllll t); Colorado Waterpark at Briarwood 3 Arapahoe COllllly, Colorado Waterpark at Briarwood 4 Altlpalwe COII/lty, Colorado Westerra Operations Center Delll'er. Colorado Weslmoor Buildings 1 &. 2 IVeslminslel; Colorado Westmoor Buildings 3 & 4 Wesfmill slel; Colorado Weslmoor Buildings 5 &. 6 ~VeslmiJlSlel; Colorado Westmoor Building 7 IVesfmili stel; Colorado Westmoor Buildings 8 &. 9 IVestnlh/slel; Colorado Weslmoor Building 10 JVestminslel; Colorado SEM ARCllllie l S u <-.. u u ( 52 -::-.-l1li: w.I a.. ~ la1.li.: = ~ ...; c ... !:! I l1li: = ...... l1li: .o.C. ATT ~ = ;I: r ->=..... 1:1. == I:I.=~ ~ c~ == .=..=. =::5 ~; WRURA Redevelopment Site 1 2 Agenda • Introductions • Vision and Project History • Master Plan Concept • Conceptual Building Design • Phase 1 Deal Structure & Timeline • Conceptual Budgets • Due Diligence • Next Steps Introductions • Steve Blarr, Development Director • John Reinsma, Development Manager • Lindsay Delecki, Development Associate • John Glabach, Project Manager • Nick Moore, Project Engineer 3 The Trusted Integrator for Sustainable Solutions an employee-owned company ® Core Values: Integrity Client Focus Teamwork Exceptional Quality Make a Difference Safety Working and Living in the Community 5 • Cities of Lakewood, Westminster, and Denver • Rocky Mountain Arsenal • Rocky Flats • Conoco Phillips • Johns Manville • Air Force • Buckley AFB • Air Force Academy • Peterson AFB • Schriever AFB • EPA Bldg – Green Roof • Army – Fort Carson 6 • Colorado Offices • Lakewood • Colorado Springs • Grand Junction • Fort Collins • Lakewood Office • Union Blvd • 20+ Years • New Lakewood Office • Colfax and Garrison Working and Living in the Community Wheat Ridge Vision • Create a vibrant and thriving community • Proactively redevelop underutilized properties • Develop a sense of place for community members • Assist Jefferson County with development of flagship model “Service Center” • Public-private partnership 7 Project History • Weston’s Involvement • Development Evaluation 8 Project History – Financials (a.k.a., Why it does not work) 9 Required rent = rent high enough to pay for: • Infrastructure costs • URA’s land investment • Developer return Market Conditions Office Restaurant Retail Apartment Current Market Rent $15.00 $22.00 $20.00 $1,000 Required Rent (With TIF) $23.50 $30.50 $28.50 $1,420 Required Rent (w/o TIF) $27.00 $34.00 $32.00 $1,750 Proposed Site Development • Phase 1: Jefferson County building and supportive retail • Phase 2: retail, senior housing, multi family, office, and/or medical office • Transitional development from commercial corridor to residential neighborhood • Achieves Vision of Wheat Ridge Community Development 10 Master Plan Concept Jefferson County Building and Retail on Wadsworth 11 Master Plan Concept Jefferson County Building and Retail on Wadsworth 12 Master Plan Concept Phase 1 Phased Master Plan Anchored by Jefferson County Services 13 14 Conceptual Building Design Phase 1 Deal Structure 15 URA • Land owner • Pays for general infrastructure development costs (not retail) • Collects revenue from County land sale and retail TIF • Weston shares retail profits with URA per the proposed Waterfall structure Weston • Hired by URA to execute infrastructure development and County building (BTS -$10.7M without land) • Pays for retail infrastructure costs • Weston negotiates and structures deal with FirstBank • Weston shares retail profits with the URA per the proposed Waterfall structure 16 Timeline Event Start Date Max Duration Land Transfer to County Feb 2010 Programming, Design and Pre-Construction Feb 2010 8 Months Entitlement Feb 2010 8 Months Construction Sept 2010 13 Months County Building Occupancy Jan 2012 Retail Occupancy Feb 2012 Phase 2 Unknown Conceptual Infrastructure Budget 17 • Retail burdened by FirstBank replacement parking • RS Means (+/-15%) • ALTA Survey • No remediation costs are budgeted • No “fair market value” costs are budgeted Infrastructure Cost Benchmarks General Infrastructure Retail Infrastructure Total Infrastructure % Infrastructure $1,652,000 $493,000 $2,144,000 84% Soft Costs $161,000 $100,000 $261,000 10% Contingency $112,000 $38,000 $150,000 6% Total Costs $1,925,000 $631,000 $2,555,000 100% Due Diligence – 60 Days 18 • Due diligence costs borne by Weston • Feasibility phase complete • Executed contracts Next Steps – 60 Days • URA Board approves deal structure • Land sale price to County is determined • Jefferson County selects Wheat Ridge site • URA and Weston finalize Phase 1 contract • URA/Weston negotiate Contract with County • Weston negotiates with FirstBank • Agree to land purchase terms and execute contracts 19 20 Questions? ATTOR"'EVSAT LAW MURRAY DAHL KUIiii:GHIliiii:NMIii:ISTILR RILNAUD LLP MEMORANDUM TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of Community Development DATE: January 22, 2010 RE: Medical Marijuana Dispensary Ordinance The purpose of this memorandum is to update the Mayor and City Council on the current status of an ordinance concerning the operation of medical marijuana establishments within the City and to request from Council further direction on how to proceed. The following documents are attached for your reference: A draft ordinance; A document entitled "Medical Marijuana Basics"; A Staff Report from the Chief of Police; and Amendment 20 to the Colorado Constitution The moratorium adopted by Council last year expires on March 13, 2010. One of the purposes of the moratorium was to allow the state to adopt provisions so that the City's ordinance would be consistent therewith. As of yet, the General Assembly had not held a single hearing on any regulation that has been proposed. Staff is proposing that Council consider two options: 1. Consider the ordinance as currently drafted. This ordinance could be amended as requested by Council. 2. Extend the moratorium until the end of the General Assembly's current session (approximately June 1). to allow the Council to consider whatever state law is enacted. The remaining portion of this memorandum addresses the current draft of the ordinance. This draft was prepared by City staff based on policy direction received from Council last year. At that time and based on recommendations from the Police Department, City Council requested an ordinance that created a specialty business licensing scheme for medical marijuana establishments. At this point, staff is requesting direction from Council on how to proceed. The draft ordinance does the following: ,/All medical marijuana establishments operating within the City will be required to obtain a medical marijuana establishment license. In the ordinance, the term "medical marijuana establishment" includes two types of operations: 1) "Medical marijuana clinic"; and 2) "Medical marijuana grower". As defined, both a clinic and a grower must be operated by a primary care-giver (as that term is defined in Amendment 20). The distinction between the two types of operations is that a grower can grow marijuana on-site whereas a clinic cannot. Those distinctions are important because of the land use impacts associated with an operation that grows marijuana on-site. As a result, under the ordinance, growers are only allowed in industrial districts. Policy Question: In the definition of grower and clinic, the term "primary care-givers" is used. It is plural. This would allow one or more primary care-givers to operate in combination under the umbrella of a single medical marijuana marijuana establishment license. If the term is singular than each primary care-giver would have to obtain a separate license. Does Council want to require that each primary care-giver operating out of a single location obtain a separate license? ,/Each license application must be approved by the Police Department and Community Development prior to the City granting a license. ,/License applicants must submit to background investigations prior to approval of a license. , Convicted felons will not be permitted to hold a medical marijuana establishment license. ,/All licensees must comply with State law and regulations concerning medical marijuana. If the General Assembly adopts operating restrictions that are more restrictive then those proposed under this ordinance, a licensee would have to comply with those laws. However, this should not impact the zoning requirements adopted by this ordinance. ,/Establishments must pay all State and City tax on sales of marijuana. ,/Establishments must install and maintain minimum security requirements. At each location, an establishment must maintain alarm systems, lighting requirements, surveillance cameras and a safe for storing usable marijuana. This includes a requirement that all medical marijuana being displayed on site must be secured and not be visible to the public through glass, windows or doors. ,/The on-site use of alcohol or marijuana will be prohibited. ,/Establishments will only be permitted to operate between the hours of 9:00am and 7:00 pm. 2 ./Establishments will have specific signage limitations. If the name of an establishment includes the word "marijuana" or "cannabis" than the word "medical" must immediately precede or follow that word . ./Clinics and growers will only be permitted to operate in certain zone districts. Medical marijuana growers will only be permitted to operate in industrial zone districts. Medical marijuana clinics will be permitted to operate in C-1, C-2 and industrial districts . ./Clinics and growers will not be permitted to operate within 500 feet of schools, child care facilities or drug treatment and rehabilitation centers. ATTACHMENTS: 1. Medical Marijuana Basics 2. Ordinance 3. Amendment 20 4. Chief Brennan's Staff Memo of January 22, 2010 5. Chief Brennan's Staff Memo of August 7, 2009 6. Senate Bill 10-109 3 ATIOIl,'iEVSATLAW MURRAY OAJ...4L Ku IILC ~ I&:N M IlL I :5TIIL R R IILNAU 0 LLP MEMORANDUM TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of Community Development DATE: January 22, 2010 RE: Medical Marijuana Basics How is marijuana legal? In 2000, Colorado voters passed Amendment 20 to the Colorado Constitution, legalizing the medical use of marijuana. Colo. Const. art. XVIII, § 14. Amendment 20 created an exception to the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana.' Colo. Const. art XVIII, § 14(2)(b). If medical marijuana patients or primary care-givers are not in possession of a registry identification card but they have a physician's recommendation that marijuana may help treat a patient's debilitating medical condition, than the patient and their primary care-giver are entitled to an affirmative defense to the state's criminal laws. Colo. Const. art XVIII, § 14(2)(a). Licensed physicians are also entitled to an exception to the state's criminal laws under Amendment 20 for recommending the medical use of marijuana to patients who have been diagnosed with debilitating medical conditions. Colo. Const. art. XVIII, § 14(2)(c). For purposes of Amendment 20, "medical use" means: The acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided in this Section. Colo. Const. art. XVIII, § 14(1)(b). Thus, persons diagnosed with a debilitating medical condition may use, acquire, possess, produce or transport marijuana for medicinal purposes. As of June 14, 2004, the Colorado Department of of Public Health and Environment instituted a policy of no longer issuing medical marijuana registry cards to primary-caregivers. ATTACHMENT 1 Note, that medical use does not include the term dispensing, selling or purchasing. Those words are only included within Amendment 20 under section 14(2)(e) which states: Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection ... for his or her acquisition, possession, manufacture, production, use, ale, distribution, dispensing, or transportation of marijuana for any use other than medical use. However, in a recent decision, a District Court judge determined that the term "acquire" as used within the term "medical use" necessarily included selling or dispensing because of section 14(e). Frasher et al v. City of Centennial, 2009CV1456, Arapahoe County. This was a preliminary decision on a motion for temporary injunctive relief and not a after a full trial. In addition, because this is a decision of a District Court it does not serve as legal precedent and therefore does not necessarily apply to any other municipality besides' Centennial. To date, the sale of medical marijuana is not regulated by the state. As a result, medical marijuana dispensaries are being established under the pretense that the individuals operating those businesses do so as a "primary caregiver". Amendment 20 defines "primary caregiver" as: a person other than the patient and the patient's physician who is eighteen years of age or older and has a significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Colo. Const. art. XVIII, § 14(1)(f). So long as an individual owner of a medical marijuana dispensary is named as a primary giver by patients who have debilitating medical conditions, that individual is entitled to the same protections afforded those patients u'lder Amendment 20. Therefore, a primary care-giver is allowed to acquire, possess, and transport marijuana for use by his or her patients. Combined a patient and his or her primary care-giver may not possess more than two (2) ounces of marijuana in a usable usable form and not more than six (6) marijuana plants in varying stages of development. Colo. Const. art. XVIII, § 14(4)(a). This limit as applied to a primary care-giver is cumulative as based on the number of patients for whom that primary care-giver is responsible. For example, if a primary care-giver has 10 patients, none of whom grow their own marijuana, than the primary care-giver is entitled to possess up to sixty (60) plants. So why have medical marijuana dispensaries proliferated? In February of last year, the United States Attorney General, Eric Holder, announced that it would no longer be a priority of the Justice Department to enforce the federal prohibition against the sale or use of marijuana. Prior to that announcement, few medical marijuana dispensaries operated within the state and there were a few thousand patients listed on the state's registry. Since that announcement, it has been estimated that there are now 30,000 patients listed on the state's registry and an unknown number of medical marijuana dispensaries. The Attorney General's comments alone do not explain the explosion of medical marijuana dispensaries in the state. The Colorado Department of Public Health (the "CDPHE") also shares some responsibility. The CDPHE is charged with promulgating rules to implement 2 Amendment 20. In July 2009, the CDPHE proposed an amendment to its regulations to redefine the phrase "significant responsibility for managing the well-being of a patient," as it is used in the definition of "primary caregiver." After a twelve hour hearing, the CDPHE adopted a rule that defines that phrase to mean: assisting a patient with daily activities, including but not limited to transportation or housekeeping or meal preparation or shipping or making any necessary arrangement for access to medical care or services or proviSion of medical marijuana. Under this definition, a primary care-giver can significantly manage the well-being of a patient solely by providing medical marijuana. However, in October 2009, the Colorado Court of Appeals determined that "supplying marijuana for medical use, by itself, is insufficient to constitute significant management responsibility for a patient's well-being." People v. Clendenin, 08CA0624 (Colo. App. October 29, 2009). Unfortunately: the Court did not describe what other types of activities would satisfy the term. In addition, due to timing, the Court did not address the CDPHE's definition. This case is now before the Colorado Supreme Court. What is the current status of legislation? Currently, the state laws concerning medical marijuana do not address or place requirements on the doctor to patient relationship. There are two bills being proposed for consideration by the General Assembly during this year's term. The first bill would address the doctor to patient relationship. This bill places more stringent requirements on the type of review that must be conducted by the physician prior to that physician recommending that a patient use medical marijuana. The second bill would limit the number of patients for whom a primary care-giver may care. If this second bill is adopted jls written, a primary care-giver may only have five (5) patients. It also prohibits primary care-givers from combing to grow or provide marijuana to their patients. Economically, this would essentially prohibit medical marijuana dispensaries from continued operation. 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. __ _ Ordinance No.01 Series 2010 TITLE: AN ORDINANCE AMENDING ARTICLE 11 OF THE WHEAT RIDGE CODE OF LAWS BY ADDING A NEW ARTICLE XII CONCERNING MEDICAL MARIJUANA ESTABLISHMENTS WHEREAS, in the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ("Amendment 20") which authorizes and limits the sale of medical marijuana for use in the treatment of debilitating medical conditions; and , , WHEREAS, the City Council has been made aware of a proliferation of businesses wishing to cultivate medical marijuana and/or provide it to those who qualify under state law; and WHEREAS, the City has no current land use or business regulation governing the operation of businesses or cooperatives that cUltivate and/or offer medical marijuana for sale and/or distribution ("Medical Marijuana Establishments"); and WHEREAS, the City imposed a one hundred eighty (180) day moratorium on the submission, acceptance, processing, and approval of all applications for City licenses and licenses relating to the operation of Medical Marijuana Establishments to allow the City staff and the City Council to investigate the City's ability to regulate such establishments, and to develop ahd implement any appropriate regulations consistent with state law; and WHEREAS, because marijuana is a controlled substance under Colorado and federal law the use as contemplated by Amendment 20 has the potential for abuse that should be closely monitored and regulated by local authorities to the extent possible; and WHEREAS, if not closely monitored and regulated the presence of marijuana, even for the purposes legally permitted by Amendment 20, can potentially cause an increase in illegal activities within the City affecting the health, safety, order, comfort, convenience and general welfare of the residents of the City; and WHEREAS, if Medical Marijuana Establishments operating pursuant to Amendment 20 were allowed to be established and to operate without appropriate local regulation of their location, such establishments might be established in areas that would conflict with the City's comprehensive land use plan; be inconsistent with surrounding uses; or otherwise be detrimental to the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: ATTACHMENT 2 Section 1. Moratorium Concluded. The moratorium imposed by Ordinance 1453 on September 14, 2009 shall conclude upon the effective date of this ordinance .. Section 2. Chapter 11 of the Code is hereby amended by the adoption of a new Article XII to read in its entirety as follows: Sec. 11-270. Sec. 11-271 . Sec. 11-272. Sec. 11-273. Sec. 11-274. Sec. 11-275. Sec. 11-276. Sec. 11-277. Sec. 11-278. Sec. 11-279. Sec. 11-280. Sec. 11-281 . Sec. 11-282. Sec. 11-283. Sec. 11-284. Sec. 11-285. Sec. 11 -286. Sec. 11-287 Sec. 11 -288. Sec. 11 -289. Sec. 11-290. Sec. 11 -291 . Sec. 11 -292. Article XII. Medical Marijuana Establishments Authority Definitions Medical marijuana establishment license required. Application for license. Application fee. Standards for issuance of license. Authority to recommend and impose conditions on license. Contents of license Denial of license. Notice of decision. Appeal of denial or conditional approval of license. License not transferable. Duration of license, renewal. Duties of licensee. Hearing, suspension, revocation of license Operation limitations for medical marijuana clinics. Operation limitations for medical marijuana growers. Prohibited locations. Signage. Required warnings to be posted. Paraphernalia. Taxes. Penalties, injunctive relief. Sec. 11-270. Authority. The City Council hereby finds, determines, and declares that it has the power to adopt this article pursuant to: (a) The Local Government Land Use Control Enabling Act, article 20 of title 29, C.RS.; (b) Part 3 of article 23 of title 31 , C.RS. (concerning municipal zoning powers); (c) Section 31-15-103, C.R.S. (concerning municipal police powers); (d) Section 31 -15-401 , C.RS. (concerning municipal police powers); (e) Section 31-15-501, C.RS. (concerning municipal authority to regulate businesses); 2 (1) The authority granted to home rule municipalities by article XX of the Colorado Constitution; and (g) The powers contained in the Wheat Ridge City Charter. Sec. 11-271. Definitions. As used in this article the following words shall have the following meanings, unless the context clearly requires otherwise: Administrative hearing officer has the meaning provided in section 2-87 of this code. Amendment 20 means the voter initiated amendment to the Colorado Constitution adopted November 7, 2000 which added Section 14 of Article XYIII to the Colorado Constitution. Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership, or all partners if there are ten (10) or total partners in the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and eac~ stockholder owning ten (10) percent or more of the outstanding stock of the corporation. Application means an application for license submitted pursuant to this article. City Manager shall have the meaning provided in section 2-26 of this Code. Good cause means and includes (1) When a licensee violates, does not meet, or fails to comply with any of the terms, conditions, or provisions of this article and any rule and regulation promulgated pursuant to this article; (2) When the licensee has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that were placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or (3) When the licensee's medical marijuana clinic has been operated in a manner that adversely affects the pubic health, welfare, or safety of the immediate neighborhood in which the medical marijuana clinic is located. Evidence to support such a finding can include: (i) a pattern of disorderly conduct as defined in section 11-54(a)(1) of 3 this code within or immediately adjacent to the premises of the licensee; (ii) a pattern of drug-related criminal conduct within the premises of the medical marijuana clinic, or in the immediate area surrounding the medical marijuana clinic; (iii) a pattern of criminal conduct directly related to or arising from the operation of the medical marijuana clinic; (iv) a conviction in any local, state or federal court of any employee of a licensee for the distribution or sale of marijuana. License means a license to operate a medical marijuana establishment issued by the City pursuant to this article. Licensee means the person or entity to whom a license has been issued pursuant to th is article. Marijuana means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil or or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as "marijuana" herein. "Marijuana" does not mean marijuana concentrate which includes hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols. Medical marijuana clinic means the use of any property or structure within the City by primary care-givers to distribute, transmit, give, dispense, or otherwise provide marijuana in any manner to their patients in accordance with Amendment 20 and its implementing state statutes and administrative regulations. Medical marijuana establishment means either a medical marijuana grower or a medical marijuana clinic. Medical marijuana grower means the use of any property or structure within the City by primary care-givers for the purposes of growing medical marijuana for distribution to their patients in accordance with Amendment 20 and its implementing state statutes and administrative regulations. Patient has the meaning provided in Amendment 20, the implementing state statutes and administrative regulations. Primary care-giver has the meaning provided in Amendment 20, the implementing state statutes and administrative regulations. (b) In addition to the definitions provided in subsection A of this section, the other defined terms in Amendment 20 are incorporated into this article by reference. Sec. 11-272. Medical marijuana establishment license required. No person or entity shall operate a medical marijuana establishment within the City without a valid medical marijuana establishment license issued in accordance with this article. This 4 requirement to obtain a medical marijuana establishment license is in addition to the requirement to obtain a business license pursuant to Article II of this chapter and any other license or permit as so required by the City. Sec. 11-273. Application for license. (a) A person seeking to obtain a license pursuant to this article shall file an application with the Tax and Licensing Division on a form provided by the Tax and Licensing Division. (b) An application for a license under this article shall contain the following information: 1. The applicant's name, address, telephon!'l number and last four digits of the applicant's social security number; 2. The name, address, telephone number and last four digits of the social security number for each primary care-giver authorized to operate out of the applicant's proposed location; 3. The street address of the proposed medical marijuana establishment; 4. If the applicant is not the owner of the proposed location of the medical marijuana establishment, a notarized notarized statement from the owner of such property authorizing the submission of the application; 5. A completed set of the applicant's fingerprints and the fingerprints of each primary care-giver authorized to operate out of the applicant's proposed location; 6. The number of patients for whom the applicant serves as primary care-giver and the number of patients for whom each primary caregiver authorized to operate out of the applicant's proposed location serve as primary care-giver; 7. A business plan that contains the following items: a. A security plan that includes but is not limited to a description of the security provisions and systems to be utilized; b. Hours of operation; c. Number of employees and/or volunteers expected to be onsite; d. An external lighting plan; and e. A description of any cultivation activities including; i. Where plants will be grown; 5 ii. The expected number of plants that will be grown on site; III. A description of the internal lighting system; iv. A list of the fertilizers, pesticides and/or other chemicals to that will be utilized; and v. Expected water usage. 8. A statement by the applicant that the applicant and the applicant's employees understand that they may be subject to prosecution under federal law; 9. A statement by the applicant that the applicant is a primary caregiver; 10. A statement by the applicant that the City accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana establishment; and 11. Any additional information that the Tax and Licensing Division reasonably determines to be necessary in connection with the investigation and review of the application. Sec. 11-274. Application Fee. An applicant shall pay to the City a non-refundable application fee when the application is filed . The purpose of the fee is to cover the administrative costs of processing the application. The amount of the application fee shall be fixed by the City Council by motion. Sec. 11-275. Standards for issllance of license. The Tax and Licensing Division shall issue a license under this article when: (a) The application (including any required attachments and submissions) is complete and signed by the applicant; (b) the code; The applicant has paid the application fee and any other fees required by (c) The application does not contain a material falsehood or misrepresentation; (d) The application complies with all of the requirements of this article; (e) Written approval from the City of Wheat Ridge Police Department as to: 1. The applicant's business plan; and 2. The applicant's criminal background. No written approval will be issued to an applicant whose criminal history reflects a prior conviction for a felony offense. 6 (f) Written approval from the Community Development Department that the location and zoning requirements imposed by this article and Section 26-204 of the Code have been met. Sec. 11-276. Authority to recommend and impose conditions on license. (a) Any City department shall have the authority to recommend reasonable terms and conditions on a license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this article and applicable law. (b) The Tax and Licensing Division is authorized to approve a license subject to such reasonable conditions as required by the City. (c) In the event an application is conditionally approved, the Tax and Licensing Division shall clearly set forth in writing the conditions of approval. Sec. 11-277. Contents of license. A license shall contain the following information: (a) The name of the licensee; (b) The date of the issuance of the license; (c) The address at which the licensee is authorized to operate the medical marijuana establishment; (d) Any special conditions of approval imposed upon the license; and I (e) The date of the expiration of the license. Sec. 11-278. Denial of license. The Tax and Licensing Division shall deny an application for a license under this article when the applicant fails to meet all of the standards set forth in section 11-275. Sec. 11-279. Notice of denial or conditional approval of license. The Tax and Licensing Division shall notify the applicant of its decision to deny or conditionally approve the application in writing within three business days of rendering the decision. Notice shall be given by mailing a copy of the decision to the applicant by regular mail, postage prepaid, at the address shown in the application. Notice shall be deemed to have been properly given upon mailing. Sec. 11-280. Appeal of denial or conditional approval of license. (a) An applicant has the right to appeal the denial of an application or condition imposed thereon to an administrative hearing officer. ((b) The applicant must file a written notice of appeal with the Tax and Licensing Division within fifteen days after the date of mailing of the denial or conditional approval of the application. 7 (c) Upon notice from the Tax and Licensing Division that the applicant has satisfied the requirement in subsection (b), the City Manager shall appoint an administrative hearing officer. (d) The applicant shall be provided with not less than ten days' prior written notice of the appeal hearing to be held by the administrative hearing officer. (e) applicant. The burden of proof in an appeal filed under this section shall be on the (f) If the administrative hearing officer finds by a preponderance of the evidence that the decision of the Tax and Licensing Division was correct, the administrative hearing officer shall uphold that decision. If the administrative hearing officer finds by a preponderance of the evidence that the decision of the Tax and Licensing was incorrect, the administrative hearing officer shall 'set aside the denial and issue the license. The administrative hearing officer may impose additional conditions on the license issued (if it was previously denied) or the conditions of approval stricken or modified. (g) Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 105(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application. Sec. 11-281. License not transferable. A license is non-transferable and nonassignable. Any attempt to transfer or assign a license voids the license. J Sec. 11-282. Duration of license, renewal. (a) Each license issued pursuant to this article shall expire on the first day of the month one year from the month of issuance, and may be renewed as provided in this section. (b) An application for the renewal of an existing license shall be made to the Tax and Licensing Division not less than forty-five (45) days prior to the date of expiration. No application for renewal shall be accepted by the Tax and Licensing Division after the date of expiration. The City Manager or his or her designee may waive the forty-five (45) days time requirement set forth in this subsection if the applicant demonstrates adequate justification. (c) If a renewal application has not been filed by a licensee, the City shall send a renewal notice no less than sixty (50) days prior to the expiration of the license. (d) At the time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount fixed by the City Council by motion. Sec. 11-283. Duties of licensee. Each licensee shall: 8 (a) Post the license in a conspicuous location on the premises of the medical marijuana clinic; (b) Comply with all of the terms and conditions of the license; (b) Comply with all of the requirements of this article; (c) Comply with all other applicable City ordinances; (d) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana, including, but not limited to, Amendment 20; section 18-18-406.3, C.R.S.; and the administrative regulations issued by the Colorado Department of Public Health and Environment found at 5 CCR 1006-2, all as amended from time to time; (e) Comply with all applicable federal laws, rules, or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of marijuana that conflicts with Amendment 20; (f) Permit inspection of its records and operation by the Tax and Licensing Division for the purpose of determining the licensee's compliance with the terms and conditions of the license and the City's tax laws; and (g) Permit inspection of the premises by authorized City officials during permitted business hours for the purpose of determining compliance with this Article. Sec. 11-284. Hearing, suspensioJl, revocation of license. (a) A license issued pursuant to this article may be suspended or revoked by an administrative hearing officer after a hearing for the following reasons: 1. Fraud, misrepresentation, or a false statement of material fact contained in the license application; 2. A violation of any City, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Amendment 20; 3. A violation of any of the terms and conditions of the license; 4. A violation of any of the provisions of this article; or 5. Good cause. (b) Request for suspension or revocation, notice of hearing, burden. 1. Any authorized City official may request in writing that a license issued under this article be suspended or revoked. 9 2. The City Manager shall appoint an administrative hearing officer to preside over the hearing on the suspension or revocation of a license. 3. The administrative hearing officer shall a. Set a date and time on which to determine whether to revoke or suspend such license; b. Notify the licensee in writing of the date and time of the hearing at least ten (10) days prior to conducting such hearing. Such notice shall be sent by regular mail postage prepaid. Notice is deemed to have been given upon mailing; c. Conduct a hearing based on the allegations provided in the written request. This shall be an informal hearing where no rules of evidence shall apply. The burden shall be on the City to prove by a preponderance of the evidence that the licensee has violated the provisions in subsection 11-284 (a); and d. Provide a written decision to the licensee within a reasonable time after the conclusion of the hearing. (c) In deciding whether a license should be suspended or revoked, and in deciding what conditions to imp.ose in the event of a suspension, if any, the administrative hearing officer shall consider: 1. The nature and seriousness of the violation; 2. Corrective action, if any, taken by the licensee; 3. Prior violation(s), if any, by the licensee; 4. The likelihood of recurrence; 5. All circumstances surrounding the violation; 6. Whether the violation was willful; 7. The number of previous violations by the licensee; and 8. Previous sanctions, if any, imposed against the licensee. (d) In connection with the suspension of a license, the administrative hearing officer may impose reasonable conditions thereon. 10 (e) Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the decision. (f) No fee previously paid by a licensee in connection with the application shall be refunded if such license is suspended or revoked. Sec. 11-285. Operation limitations for medical marijuana clinics. Medical marijuana clinics shall be subject to the following additional requirements: (a) No marijuana may be distributed, sold, given away, or transferred at a medical marijuana clinic except to the licensee's patients. (b) All product storage shall be indoors. Products, accessories, and associated paraphernalia shall not be visible from a public sidewalk or right of way. All products shall be in a sealed/locked cabinet except when being accessed for distribution. (c) A medical marijuana clinic may be open seven days per week from the hours of 9:00 am to 7:00 pm. (d) No on-site consumption of marijuana is allowed on the premises. (e) The sale or consumption of alcohol on the premises is prohibited. (f) Cultivation, growing, processing. The growing, cultivation, or processing of marijuana on or within the premiSes of a medical marijuana clinic is prohibited. (g) All medical marijuana clinics shall provide adequate security on the premises. At a minimum the security shall include: 1. Security surveillance cameras installed to monitor the main entrance along the interior and exterior of the premises and all other entrances or exits only along the interior of the premises. Security video shall be preserved for at least 72 hours by the licensee; 2. Robbery and burglary alarm systems that are professionally monitored and maintained in good working condition; 3. Exterior lighting that illuminates the exterior walls of the business during evening hours and is compliant with the City Code; and 4. A locking safe permanently affixed to the premises that is suitable for storage of the entire inventory of saleable marijuana. 11 (h) No person under the age of eighteen (18) is permitted on the premises when not accompanied by a parent or legal guardian. Sec. 11-286. Operation limitations for medical marijuana growers. Medical marijuana growers shall be subject to the following additional requirements: (a) A medical marijuana grower may not: 1. Distribute, sell, give away, or transfer a usable form of marijuana or marijuana plants on or from its premises except to its patients. 2. Distribute sell, give away, or transfer other products, accessories, or associated paraphernalia of any kind on or from its growing premises. (b) A medical marijuana grower may be open seven days a week during the hours of 9:00 a.m. to 7:00 p.m. (c) No on-site consumption of marijuana is allowed on the premises. (d) The sale or consumption of alcohol on the premises is prohibited. (e) Cultivation, growing, processing. The growing, cultivation, or processing of marijuana on or within the premises of a medical marijuana grower: 1. Shall be conducted indoors in such a manner that marijuana plants at any stage of development are not visible from a public sidewalk or right-of-way; 2. Shall be prohibited unless the operation is equipped with a proper ventilation system that filters out the odor of marijuana so that the odor is not capable of being detected by a person with a normal sense of smell at the exterior of the clinic or any adjoining business, parcel or tract of real property. (f) All medical marijuana growers shall provide adequate security on the premises. At a minimum the security shall include: 1. Security surveillance cameras installed to monitor all entrances and exits of the premises. Security video shall be preserved for at least 72 hours by the licensee; 2. Robbery and burglary alarm systems that are professionally monitored and maintained in good working condition; 3. Exterior lighting that illuminates all entrances and exits of the business during evening hours and is compliant with the City Code; and 12 4. A locking safe permanently affixed to the premises that is suitable for storage of the entire inventory of usable marijuana. (g) No person under the age of eighteen (18) is permitted on the premises when not accompanied by a parent or legal guardian. Sec. 11-287. Prohibited locations. (a) Except as provided in subsection e of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of th is section. (b) No medical marijuana establishment shall be located: 1. Within 500 feet of a licensed child care facility; 2. Within 500 feet of any educational institution or school, college or university, either public or private; and 3. Within 500 feet of any drug rehabilitation or drug treatment center. (c) The distances described in subsection (b) shall be computed by direct measurement from the nearest property line of the land used for child care, school, or halfway house purposes to the nearest portion of the building housing the medical marijuana establishment using a straight line. (d) Each medical marijuana establishment shall be operated from a permanent location. No medical marijuana establishment shall be licensee to operate from a moveable, mobile, or transitory location. (e) The suitability of a location for a medical marijuana establishment shall be determined at the time of the issuance of the first license for such establishment. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a medical marijuana establishment under this section shall not be grounds to suspend, revoke or refuse to renew the license for such establishment so long as the license for the establishment remains in effect. Sec. 11-288. Signage. (a) All signage for a medical marijuana establishment shall comply with the requirements of chapter 26 of this code. (b) No licensee shall display a sign for the medical marijuana establishment that contains the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded or followed by the word "medicaJ." 13 Sec. 11-289. Required warnings to be posted. There shall be posted in a conspicuous location in each medical marijuana establishment a legible sign containing the following warnings: (a) A warning that the diversion of marijuana for non-medical purposes is a violation of state and federal laws; (b) A warning that the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of or impaired by marijuana; (c) A warning that loitering in or around the medical marijuana establishment is prohibited by state law; (d) A warning that possession and distribution of marijuana is a violation of federal law; and (e) A warning that no person under the age of eighteen (18) is permitted on site without the presence of his or her parent or legal guardian. Sec. 11-290. Paraphernalia. Devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may lawfully be sold at a medical marijuana clinic. Such items may be sold or provided only to patients or primary caregivers. Sec. 11-291. Taxes. Each licensee shall collect and remit sales tax on all medical marijuana, paraphernalia, and other tangible personal property sold by the licensee at the medical marijuana establishment according to the provisions of Code chapter 22 and any regulations issued pursuant to it. Sec. 11-292. Penalties, injunctive relief. (a) It is a misdemeanor offense for any person to violate any provision of this article. Any person convicted of having violated any provision of this article shall be punished as set forth in section 1-5 of this code. (b) The operation of a medical marijuana establishment without a valid license issued pursuant to this article may be enjoined by the City in an action brought in a court of competent jurisdiction. Section 3. Section 26-123 of the Code, entitled Definitions, is hereby amended by the addition of the following terms: Medical marijuana clinic has the meaning provided in Article XII of Chapter 11 of this code. 14 Medical marijuana grower has the meaning provided in Article XII of Chapter 11 of this code. Section 4. The Table of Uses for Commercial and Industrial Districts provided for in Section 26-204 of the Code is hereby amended as follows: Uses Notes NC RC C-1 C-2 I Medical and dental Pharmacies and P P P P P offices, clinics or optical stores laboratories, excluding are accessory substance abuse use clinics MEDICAL P P P MARIJUANA CLINICS MEDICAL P MARIJUANA GROWERS Mini-warehouses for P P inside storage Section 5. Police Power Finding. The City Council hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Wheat Ridge and the inhabitants thereof. J Section 6. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.RS.; (ii) Part 3 of Article 23 of Title 31 , C.RS. (concerning municipal zoning powers); (iii) Section 31-15-103, C.RS. (concerning municipal police powers); (iv) Section 31-15-401, C.RS. (concerning municipal police powers); (v) Section 31-15-501 (concerning municipal power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) the powers contained in the City of Wheat Ridge, Colorado Home Rule Charter (the "Charter"). Section 7. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect upon adoption as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this __ day of , 2010, ordered published in full in a newspaper of 15 general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2010 at 7:00 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 _, this day of , 2010. SIGNED by the Mayor on this __ day of _____ , 2010. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 16 Michie's Legal Resources Page I of6 Section 14. Medical usc of marijuana for Ilersons suffering from debilitating medical conditions. (I) As used in this section, these terms are defined as follows: (a) "Debilitating medical condition" means: (I) Cancer, glaucoma, positive status for human immunodeficiency ViruS, or acquired immune deficiency syndrome, or treatment for such conditions; (n) A chronic or debilitating disease or medical condition, or treatment for such conditions, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient's physician, such condition or conditions reasonably may be alleviated by the medical use of marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of mUltiple sclerosis; or (III) Any other medical condition, or treatment for such condition, approved by the state health agency, pursuant to its rule making authority or its approval of any petition submitted by a patient or physician as provided in this section. (b) "Medical use" means the acquIsitIOn, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided by this section. (c) "Parent" means a custodial mother or father of a patient under the age of eighteen years, any person having custody of a patient under the age of eighteen years, or any person serving as a legal guardian for a patient under the age of eighteen years. (d) "Patient" means a person who has a debilitating medical condition. (e) "Physician" means a doctor of medicine who maintains, in good standing, a license to practice medicine issued by the state of Colorado. (f) "Primary care-giver" means a person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. (g) "Registry identification card" means that document, issued by the state health agency, which identifies a patient authorized to engage in the medical use of marijuana and such patient's primary care-giver, if any has been designated. (It) "State health agency" means that public health related entity of state govenunent designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana and enact rules to administer this program. (i) "Usable form of marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in this section, but excludes the plant's stalks, stems, and roots. U) "Written documentation" documentation" means a statement signed by a patient's physician or copies of the patient's pertinent medical records. ATTACHMENT 3 . , , . n ... Michie's Legal Resources Page 20f6 (2) (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary caregiver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where: (1) The patient was previously diagnosed by a physician as having a debilitating medical condition; (II) The patient was advised by his or her physician, in the context ofa bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and (III) The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section. This affumative defense shall not exclude the assertion of any other defense where a patient or primary caregiver is charged with a violation of state law related to the patient's medical use of marijuana. (b) Effective June I, 1999, it shall be an exception from the state's criminal laws for any patient or primary caregiver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section. (c) It shall be an exception from the state's criminal laws for any physician to: (I) Advise a patient whom the physician has diagnosed as having a debilitating medical condition, about the risks and benefits of medical use of marijuana or that he or she might benefit from the medical use of marijuana, provided that such advice is based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship; or (II) Provide a patient with written documentation, based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship, stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana. , No physician shall be denied any rights or privileges for the acts authorized by this subsection. (d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use. (e) Any property interest that is possessed, owned, or used in connection with the medical use of marijuana or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law enforcement officials from a patient or primary care-giver in connection with the claimed medical use of marijuana shall be retumed immediately upon the detemunation of the district attorney or his or her designee that the patient or primary care-giver is entitled to the protection contained in this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of charges, or acquittal. (3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June I, 1999. (a) No person shall be permitted to gain access to any infommtion about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a . • Ir ,I' .... ,.. . , ... n nt" , r 1. ... .... Michie's Legal Resources Page 3 of6 person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card. (b) In order to be placed on the state's confidential registry for the medical use of marijuana, a patient must reside in Colorado and submit the completed application form adopted by the state health agency, including the following information, to the state health agency: (I) The original or a copy of written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician's conclusion that the patient might benefit from the medical use of marijuana; (II) The name, address, date of birth, and social security number of the patient; (ITI) The name, address, and telephone number of the patient's physician; and (IV) The name and address of the patient's primary care-giver, if one is designated at the time of application. (c) Within thirty days of receiving the information referred to in subparagraphs (3) (b) (I)-(IY), the state health agency shall verify medical information contained in the patient's written documentation. The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency's review of such documentation discloses that: the information required pursuant to paragraph (3) (b) of this section has not been provided or has been falsified; the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule; or the physician does not have a a license to practice medicine issued by the state of Colorado. Otherwise, not more than five days after verifying such infomlation, the state health agency shall issue one serially numbered registry identification card to the patient, stating: (I) The patient's name, address, date of birth~ and social security number; (II) That the patient's nanle has been certified to the state health agency as a person who has a debilitating medical condition, whereby the patient may address such condition with the medical use of marijuana; (Ill) The date of issuance of the registry identification card and the date of expiration of such card, which shall be one year from the date of issuance; and (IV) The name and address of the patient's primary care-giver, if any is designated at the time of application. (d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any slate or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written docllmentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until sllch time as the patient receives notice that the application has been denied. ( e) A patient whose application has been denied by the state health agency may not reapply during the six months following the date of the denial and may not use an application for a registry identification card as provided in paragraph (3) (d) of this section. The denial nf a registry identification card shall be considered a final agency action. Only the patient whose application has been denied shall have standing to contest the agency action . ............ 1/" ........ ....... ; ... 1.;" ...... _I ....... I .... _ .... ..J .... II _ _ ..• .111/_____ .... "-'~ .I I" _". I"~. _ "(".~_.1 __ . r Michie's Legal Resources Page 4 of6 (I) When there has been a change in the name, address, physician, or primary care-giver of a patient who has qualified for a registry identification card, that patient must notify the state health agency of any such change within ten days. A patient who has not designated a primary care-giver at the time of application to the state health agency may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act ill this capacity after such designation. To maintain an effective registry identification card, a patient must annually resubmit, at least thirty days prior to the expiration date stated on the registry identification card, updated written documentation to the state health agency, as well as the name and address of the patient's primary care-giver, if any is designated at such time. (g) Authorized employees of state or local law enforcement agencies shall immediately notify the state health agency when any person in possession of a registry identification card bas been determined by a court of law to have willfully violated the provisions of this section or its implementing legislation, or has pled guilty to such offense. (h) A patient who no longer has a debilitating medical condition shall retum his or her registry identification card to the state health agency within twenty-four hours of receiving such diagnosis by his or her physician. (i) The state health agency may determine and levy reasonable fees to pay ' for any direct or indirect administrative costs associated with its role in this program. (4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful: (I) No more than two ounces ofa usable form of marijuana; and (II) No more than six marijuana plants, witil iliree or fewer being mature, flowering plants that are producing a usable fonn of marijuana. (b) For quantities of marijuana in excess of;hese amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition. (5) (a) No patient shall: (I) Engage in ilie medical use of marijuana in a way timt endangers the health or well-being of any person; or (II) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public. (b) In addition to any other penalties provided by law, the statc health agency shall revoke for a period of one year tile registry identification card of any patient found to have willfully violated the provisions of tills section or the implementing legislation adopted by the general assembly. (6) Notwitilstanding paragraphs (2) (a) and (3) (d) of this section, no patient under eighteen years of age shall engage in the medical use of marijuana unless: (a) Two physicians have diagnosed tile patient as having a debilitating medical condition; (b) One of the physicians referred to in paragraph (6) (a) has explained the possible risks and benefits of medical use of marijuana to the patient and each of the patient's parents residing in Colorado; (c) The physicians referred to in paragraph (6) (b) has provided the patient with the written documentation, specified in subparagraph (3) (b) (I); (d) Each of the patient's parents residing in Colorado consent in writing to the state health agency to permit tile L. .... _.II •• ~ . ~., .~ :~t. :~ ___ I __ t _ __ ..J_/l _ _ .... .J11/____ ~~/CA '''''I_O_f'lO._t')C,.._.l __ . . ___ .. c... ___ 1.,,-_ o.c..... .. _ ... 1 /,., ,., I .... ,..~ ,.. Michie's Legal Resources Page 5 of6 patient to engage in the medical use of marijuana; (e) A parent residing in Colorado consents in writing to serve as a patient's primary care-giver; (f) A parent serving as a primary care-giver completes and submits an application for a registry identification card as provided in subparagraph (3) (b) of this section and the written consents referred to in paragraph (6) (d) to the state health agency; (g) TI1e state health agency approves the patient's application and transmits the patient's registry identification card to the parent designated as a primary care-giver; (h) The patient and primary care-giver collectively possess amounts of marijuana no greater than those specified in subparagraph (4) (a) (I) and (II); and (i) The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient. (7) Not later than March I, 1999, the governor shall designate, by executive order, the state health agency as defined in paragraph (I) (g) of this section. (8) Not later than April 30, 1999, the General Assembly shall define such terms and enact such legislation as may be necessary for implementation of this section, as well as detelmine and enact criminal penalties for: (a) Fraudulent representation of a medical condition by a patient to a physician, state health agency, or state or local law enforcement official for the purpose of falsely obtaining a registry identification card or avoiding arrest and prosecution; (b) Fraudulent use or theft of any person's registry identification card to acquire, possess, produce, use, sell, distribute, or transport marijuana, including but not limited to cards that are required to be returned where patients are no longer diagnosed as having a debilitating medical condition; (c) Fraudulent production or counterfeiting dr, or tampering with, one or more registry identification cards; or (d) Breach of confidentiality of information provided to or by the state health agency. (9) Not later than June I, I, 1999, the state health agency shall develop and make available to residents of Colorado an application form for persons seeking to be listed on the confidential registry of patients. By such date, the state health agency shall also enact rules of administration, including but not limited to rules governing the establishment and confidentiality of the registry, the verification of medical information, the issuance and form of registry identification cards, communications with law enforcement officials about registry identification cards that have been suspended where a patient is no longer diagnosed as having a debilitating medical condition, and the manner in which the agency may consider adding debilitating medical conditions to the list provided in this section. Beginning June I, 1999, the state health agency shall accept physician or patient initiated petitions to add debilitating medical conditions to the list provided in this section and, after such hearing as the state health agency deems appropriate, shall approve or deny such petitions within one hundred eighty days of submission. The decision to approve or deny a petition shall be considered a final agency action. (10) (a) No govemmental, private, or any other health insurance provider shall be required to be liable for any claim for reimbursement for the medical use of marijuana. (b) Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place. (II) Unless otherwise provided by tllis section, all provisions of this section shall become effective upon official declaration of the vote hereon by proclamation of the governor, pursuant to article Y, section (I) (4), and shall apply to acts or offenses committed on or after that date. . ,,... .... ,,, ..... ,, Michie's Legal Resources Page 60f6 Source: Initiated 2000: Entire section added, effective upon proclamation of the Governor, L. 2001, p. 2379, December 28, 2000. Editor's note: (1) This section was added by an initiated measure and numbered as section 14 as it appeared on the ballot, which leaves a gap between sections 12b and 14. (2) In subsection (7). the reference cited to state health agency as defined in paragraph (1 )(g) of this section should read (1)(h) of this section. 1 /"'"'1 /'"'1/\ 1 n , , , ~~ _ r City of ~r?" Wheat~dge ~OLlCE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Daniel Brennan, Chief of Police DATE: January 22, 2010 SUBJECT: Staff Report: Medical Marijuana Dispensaries SUMMARY: On November 7, 2000, the voters of Colorado passed a state constitutional amendment to allow medical use of marijuana for persons suffering from debilitating medical conditions. The amendment set forth a system involving a patient, a physician, and a primary caregiver. A caregiver was defined as a person with a "significant responsibility" for the "well-being" of a patient. The constitutional amendment created an affirmative defense that allows a patient and/or caregiver to possess two ounces of marijuana and six plants per patient. The amendment did not contain provisions for dispensaries or marijuana grow operations. J From 2000 through 2007, the caregiver model worked as the amendment was envisioned. There were only 1,600 patient applications as of January 31, 2007, since the registry at the Colorado Department of Public Health and Environment began in 2001. In February 2009, the Federal Administration in Washington, D.C. announced they would no longer enforce marijuana laws in those states that had medicinal marijuana laws. Since that time, the U.S. Attorney General has provided guidelines for federal law enforcement agencies pertaining to those states that have laws or regulations related to medical marijuana. The Colorado Attorney General has ruled that the state can collect taxes on the sales of marijuana. SUMMARY OF ISSUES Tn 2009, the City of Wheat Ridge began seeing medical marijuana businesses opening in different areas of the City. The Police Department began receiving complaints from surrounding business owners and citizens regarding these medical marijuana businesses. By August 1,2009, the City had five (5) medical marijuana dispensaries that had submitted business license applications. The City did not have any ordinances in place that addressed the business application, zoning, or safety requirements for these types of establishments. This issue was presented to City Council during a study session on August 17,2009 (see attached Staff Report). City Council gave direction to staff to bring forward an ordinance to regulate medical marijuana dispensaries. ATTACHMENT 4 Staff Report: Medical Marijuana Dispensaries January 22, 20 I 0 Page 2 On September 14,2009, City Council adopted Ordinance 1453, Series 2009: an emergency ordinance enacting a ninety (90) day moratorium on the consideration or issuance of any City license or permit concerning medical marijuana dispensaries. At that time, there was considerable discussion concerning potential action by the state to adopt regulations concerning medical marijuana. On November 23, 2009, City Council adopted Council Bill 31-2009: an ordinance extending the moratorium enacted by Section 2 of Ordinance 1453, Series 2009, which extended the moratorium for an additional ninety (90) days, or until March 13, 20 I O. Since November 2009, there has been considerable movement, albeit somewhat chaotic, at the state level. The initial "dispensary model" bill proposed by Senator Chris Romer has been pulled and there are now two bills that have been introduced. Senate Bill 10-109, concerning "Regulation of the Physician-Patient Relationship Relationship for Medical Marijuana Patients," will attempt to put in place new rules related to the issuance of registry identifications cards, documentation for physicians who prescribe medical marijuana, and sanctions for physicians who violate the bill. The bill also addresses the issue of physicians receiving compensation from a caregiver, distributor or other provider for the act of certifying a patient. In summary, this bill is designed to create a bona-fide patient/physician relationship. Representative Tom Massey will be introducing a bill shortly regarding medical marijuana which is more closely aligned to the "caregiver model" approved by the voters in 2000. I will provide City Council with a copy of that bill when I receive it. As proposed, this bill would give authority to the Executive Director of tre Colorado Department of Public Health and Environment (CDPHE) to promulgate new rules related to standards for issuing registry identification cards and standards for primary caregivers. The Executive Director may also adopt rules setting procedures for primary caregiver applicants and sanctions for physicians who violate the statute and rules. The proposed bill would limit a primary caregiver to no more than five (5) patients on the registry at one time. The bill clarifies that a physician who certifies that a patient can use medical marijuana may not receive compensation from a primary caregiver related to medical marijuana. Lastly, the proposed bill states that local governments may enact zoning requirements related to medical marijuana, and it clarifies that marijuana is not a food. We will not know for certain how either of these bills evolve until this legislative session is over; however, there does seem to be recognition that additional regulatory restrictions must be put in place to address the abuses of the current system. In Jefferson County, the City of Arvada has put a moratorium in place until the end of this legislative session. The Lakewood City Council will be conducting a first reading on "Medical Marijuana Caregiver Facilities" on January 25, 2010. The City of Edgewater conducted a first reading on their medical marijuana ordinance on January 22, and enacted a 45-day moratorium before they consider a second reading. The Town of Mountain View will have a second reading on a medical marijuana ordinance on February 9, 2010. Staff Report: Medical Marijuana Dispensaries January 22, 2010 Page 3 Our community currently has three medical marijuana establishments with business licenses operating in the City. They are located at 4045 Wadsworth Boulevard, 9195 W. 44th Avenue, and 10107 W. 37'h Place. There are five applications for medical marijuana businesses pending. The 2009 sales tax collections by marijuana businesses, including a fourth dispensary that has since moved out of the City, is $14,127 over a period of five months. To date, the police department has responded to four burglaries, a criminal extortion, harassment, theft, criminal mischief and a suspicious incident at Wheat Ridge medical marijuana businesses. City Attorney Gerald Dahl has outlined potential courses of action for City COlmcil to consider at the study session in his staff report. As the Police Chief, I understand and support the voters' approval of Amendment 20 to provide medical marijuana to those with truly debilitating medical conditions. It is important important that legislation be enacted at the state and local level that brings back the initial intent of the "caretaker model" approved by the voters. With a degree of certainty, I am confident that some future action will be needed by City Council to bring this ordinance into compliance with both of the proposed bills in the State Legislature. DB/ck .. , ~' _ r City of ~rcr Wheat~dge ~OLlCE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Daniel Brennan, Police Chief DATE: August 7, 2009 (for the August 17 City Council Stud.y Session) SUBJECT: Medical Marijuana Dispensaries EXECUTIVE SUMMARY In November 2000, Colorado voters approved Amendment 20 to the State Constitution, Section 14 of Article XVIII, providing an affirmative defense for the possession and use of marijuana to alleviate certain debilitating medical conditions. Colorado is among thirteen states that now have laws that allow seriously ill patients to use medical marijuana if their doctor recommends it. Amendment 20 allows patients and caregivers to grow their own medical marijuana for use by medical patients who submit applications and receive registry identification cards from the Colorado Department of Public Health and Environment (CDPHE). Section \8-18-406.3, C.R.S. lists the restrictions on the medical use of marijuana. CDPHE is is in the process of developing regulatory amendments to the Medica'! Marijuana Registry Program that provide definitions to key terms and clarifications to existing rules. Amendment 20 does not legalize the possession of marijuana under Federal law; however, the U.S. Attorney General has recently stated that the Federal government will not ask for Federal prosecution in states that have legalized the medical use of marijuana. The reaction of counties and municipalities in Colorado to these nascent businesses is decidedly mixed. Some have issued business permits for such enterprises, while other communities have refused to allow these types of businesses within their communities. Some communities have conditioned permitting such operations based on zoning regulations, thus limiting the locations these businesses can operate. The Colorado Municipal League (CML) has fielded numerous requests for information from their membership regarding this issue. CML has referenced a publication by Cannabis Therapeutics entitled, "Medical Education and Dispensary Safety" as a source document. Cannabis Therapeutics is a medical marijuana resources facility designed to serve patients of the State of Colorado. Several of the proposed recommendations from staff are taken from this publication. To date, six (6) medical marijuana dispensaries have submitted business license applications in the City, and the City has received an additional inquiry regarding requirements for opening a medical marijuana dispensary. Our current ordinances do not address medical marijuana dispensaries, where these businesses can locate, and the safety issues related to the dispensing of medical marij uana. ATTACHMENT 5 Study Session -Medical Marijuana Dispensaries August 7 for August 17, 2009 Page 2 STATEMENT OF ISSUES The recent influx of medical marijuana dispensaries is a new phenomenon throughout the State and appears to be based in part on a California law that is more comprehensive than Amendment 20 in its requirements and definitions. In Colorado, there are 8,918 people registered to use medical marijuana. Concerns regarding enforcement, public safety and community development requirements have arisen throughout Colorado because of this amendment. Federal and State Law Both Federal and State laws prohibit the possession, cultivation, and possession of marijuana. The City Code of Laws prohibits possession one ounce or less of marijuana. Except for very limited and authorized research purposes, Federal law through the Controlled Substances Act prohibits the use of marijuana for any legal purpose, and classifies it as a banned Schedule I drug. A physician cannot legally prescribe marijuana as medicine under Federal law. Federal laws supersede State laws; so under Federal law, Colorado medical marijuana statutes do not provide a legal defense for the cultivation, possession or dispensing of marijuana, even with a physician's recommendation for its medical use. However, the U.S. Attorney General has announced a major change of the Federal government's position in the enforcement of Federal drug laws with respect to marijuana dispensaries. The direction given to Federal law enforcement agencies is only to conduct investigations for prosecution on marijuana dispensaries that are exposed as fronts for drug trafficking. Unfortunately, there are no standards or definitions available to determine what requirements constitute a drug trafficking operation suitable to trigger investigation and enforcement by this Federal administration. Colorado law also prohibits cultivation, possession, sale or distribution of marijuana, except for the provisions of Amendment 20 that provide for a limited affirmative defense to criminal prosecution for those who cultivate, possess or dispense marijuana for medicinal purposes as qualified patients with a physician'S recommendation or as a qualified primary caregiver. Colorado law is notably silent on the issue of medical marijuana dispensaries at this time. The Colorado Department of Public Health and Environment is tasked with implementing and administering the Medical Marijuana Registry program. CDPHE is currently working on revising certain rules and regulations pertaining to the administration of the registry program. City Code of Laws, Section 16-131 provides for the definition of marijuana. The ordinance makes it unlawful to possess one (I) ounce of marijuana and makes it unlawful to openly and publicly display or consume one ounce or less of marijuana. The only exception to this ordinance is if the possession or consumption meets the criteria established by the Dangerous Drugs Therapeutic Research Act. CDPHE Regulations State law and CDPHE regulations define the medicinal use for marijuana for for persons suffering from debilitating medical conditions. A debilitating medical condition includes diseases such as cancer, glaucoma, human immunodeficiency virus, a chronic or debilitating disease or medical condition, i.e., seizures, severe pain, severe nausea, persistent muscle spasms, and epilepsy to name a few. A physician, defined as a doctor of medicine, is required by law to advise a patient whom the physician has diagnosed as having a debilitating medical condition about the risks and Study Session -Medical Marijuana Dispensaries August 7 for August 17, 2009 Page 3 benefits of the medical use of marijuana and how the patient might benefit from the medical use of marijuana. Once written documentation of a diagnosis of a debilitating medical condition is given, the patient must register with the CDPHE and obtain a registry identification card that identifies the patient authorized to engage in the medical use of marijuana and include the name of the patient's primary caregiver, if any. A primary caregiver is defined as any person, other than the patient or patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. A primary caregiver can have multiple patients. CDPHE is responsible for verifying the information provided by the patient and physician. By law, a patient's medical use of marijuana is limited to no more than ~'yVo ounces of a usable form of marijuana; and no more that six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. It is an affirmative defense, that quantities in excess of this amount are medically necessary to address a patient's debilitating medical condition. On July 20, CDPHE conducted a public hearing to receive public comments on five proposed rules, to include further defining the term "primary caregiver" to ensure that the primary caregiver is providing more assistance than simply providing medical marijuana to the patient and proposing that the number of patients per primary caregiver be limited to five patients. After a day of public testimony, the State Health Board rejected the effort to limit "primary caregivers" to only five patients at a time. Public Safety Concerns I There are several public safety concerns related to these businesses that call for regulations to control the location of medical marijuana dispensary businesses, as well as minimum-security requirements for these dispensaries. Separation requirements that establish distance requirements between medical marijuana dispensaries and schools, churches, daycare facilities, community centers, and alcohol or drug rehabilitation centers should be considered. These requirements minimize the potential negative affects and influences these businesses can have in areas frequented by children. Law enforcement information from California indicates that medical marijuana dispensaries have the potential to become large moneymaking operations. Because dispensaries are a repository for both cash and marijuana, criminals are now targeting them more frequently. An aggravated robbery case of a dispensary in Boulder, Colorado is one recent example. After the suspects were arrested, police learned that these criminals had targeted a dispensary in Denver, Colorado as well. The Police Department has recommended that existing businesses give careful consideration to security protocols that discourage criminal activity. Examples might include security surveillance cameras at key locations and professionally installed and maintained intrusion and panic alarms. Lastly, the legal requirements and controls for medical marijuana dispensaries are distinctly different from medical pharmacies. These concerns include medical marijuana dispensaries being tied to organized criminal gangs, large grow operations, and multi-million-dollar profit centers. Other issues include the potential of illegal sales, sales to minors, loitering, heavy vehicle and foot traffic in retail areas, and increased crime. Study Session -Medical Marijuana Dispensaries August 7 for August 17, 2009 Page 4 ALTERNATIVES CONSIDERED Communities across the State are struggling with developing requirements for these types of businesses, and the response to these types of businesses varies significantly. There appear to be three models used by communities in dealing with medical marijuana dispensaries: I) The City of Aurora has denied attempts by citizens to open medical marijuana dispensaries based on a code provision that defines a business as being lawful. Since the possession or distribution of marijuana violates Federal law, Aurora has been successful in prohibiting medical marijuana dispensaries because of this code provision and they have not been challenged on their interpretation of this law. Other communities have also taken the approach that medical marijuana dispensaries are not lawful based on Federal law; however, they do not have a specific code provision requiring business compliance with the law like the City of Aurora. These communities have not been challenged on their position to date. The City Attorney's Office has recommended that the City not pursue this position. The City Code of Laws has no provision for businesses to be lawfi.ll, and the City has other alternatives for businesses that pose some risk of harm. 2) Commerce City has recently proposed an ordinance provIsIon that amends the land development code to allow for the regulation of medical marijuana dispensaries. Commerce City's revision to their code defines a medical marijuana dispensary, limits the location of the dispensaries, prohibits public display of advertisements and signs, limits all business related to, or the consumption of, medical marijuana to indoor use, and establishes minimum security requirements. The Town of Breckenridge is considering an ordinance similar to the Commerce City model. 3) The third model, currently used by the City of Wheat Ridge, is to require a medical marijuana dispensary to apply for a business license and to collect sales tax on all purchases of medical marijuana. Numerous communities have opted for this model, because there is minimal legal precedence for additional compliance requirements. To date, we have required a physical inspection of the proposed business by the City Sales Tax Auditor and members of the Police Department or West Metro Drug Task Force. FINANCIAL IMPACT The six (6) known dispensaries located in the City have obtained business licenses and are collecting sales tax at this point. Location sales average $12,500 a month, resulting in sales tax of $375 per month ($4,500 per year). RECOMMENDATIONS Staff is seeking direction from City Council on regulating medical marijuana dispensaries beyond the application for a business license and collection of sales tax. While State law allows for medical marijuana dispensaries, the current law and regulations do not address the public safety and community concerns that are inherent with this business model. The Police Department recommends that City Council consider an ordinance that: o Defines medical marijuana dispensaries o Ensures compliance with State law and regulations on medical marijuana o Creates a requirement to pay all State and City tax on sales Study Session -Medical Marijuana Dispensaries August 7 for August 17, 2009 Page 5 D Creates a business license application process that requires a background investigation of the owner or ownership group similar to a liquor license application D Includes a review by the Police Department and Community Development to ensure the business plan is in compliance with State regulations and City ordinances D Establishes requirements for the location of these dispensaries to be enforced through the business license application process D Prohibits the use of alcohol on premise D Prohibits on-site usage and any usage in public D Regulates that medical marijuana being displayed shall be secured and not be visible to the public through glass, windows or doors D On-site cultivation should only be allowed when the premises is equipped with proper ventilation system that eliminates the odor of marijuana to the public or surrounding businesses D Limits the hours of operation to daytime operation D Establishes guidelines for the use of advertisements and signs for these businesses D Establishes minimum requirements for security at these locations. ATTACHMENTS: I. Dispensary locations 2. CDPHE Registry Program Update 3. CDPHE FAQs 4. CDPHE Article XVlll /db Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0353.03 Michael Dohr SENATE BILL 10-109 SENATE SPONSORSmp Romer and Spence, Boyd, Bacon, Hodge, Hudak, Johnston, Tapia, Tochtrop HOUSE SPONSORSIDP Massey and McCann, Rice, Frangas, McFadyen Senate Committees Health and Human Services House Committees J A BILL FOR AN ACT , , 101 CONCERNING REGULATION OFTHE PHYSIClAN-PATIENTRELATlONSHIP 102 FOR MEDICAL MARIJUANA PATIENTS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under the bill, the department of public health and environment (department) will promulgate new rules related to standards for issuing registry identification cards, documentation for physicians who prescribe medical marijuana, and sanctions for physicians who violate the bill. A physician who certifies that a patient can use medical marijuana Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statllte. ATT ACHMENT 6 I 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 shall certify certain information to the department and maintain a separate record-keeping system for his or her medical marijuana patients. A physician who certifies that a patient can use medical marijuana shall not receive remuneration from or offer it to a primary caregiver, distributor, or any other provider of medical marijuana. The bill creates a medical marijuana review board (board) that will consider requests by nonveteran patients under 21 years of age who want to be registered medical marijuana patients. For a patient who is under 21 years of age to become a registered medical marijuana patient, a majority of the board must determine that the patient has a debilitating medical condition and could benefit from the use of medical marijuana. The bill adds the medical marijuana program to t~e list of statutes that involve medical records. ' , Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 25-1.5-106, Colorado Revised Statutes, Statutes, is amended to read: 25-1.5-106. Medical marijuana program -powers and duties of department -medical review board -repeal. (I) Definitions. IN ADDlTlON TO THE DEFINITIONS SET FORTH IN SECTION 14 (I) OF ARTICLE I I XVIII OF THE STATE CONSTITUTION, AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP" MEANS: (I) A PHYSICIAN AND A PATIENT HAVE A TREATMENT OR COUNSELING RELATIONSHIP, IN THE COURSE OF WHICH THE PHYSICIAN HAS COMPLETED A FULL ASSESSMENT OF THE PA TTENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION, INCLUDING A PERSONAL PHYSICAL EXAMINATION; (II) THE PHYSICIAN HAS CONSULTED WITH THE PATIENT WITH RESPECT TO THE PATIENT'S DEBILITATING MEDICAL CONDITION BEFORE THE PATIENT APPLIES FOR A REGISTRY IDENTIFICATION CARD; AND (III) THE PHYSICIAN PROVIDES FOLLOW-UP CARE AND TREATMENT -2-SBIO-I09 TO THE PATIENT, INCLUDING BUT NOT LlMITEDTO PATIENT EXAMINATIONS, 2 TO DETERMINE THE EFFICACY OF THE USE OF MEDICAL MARIJUANA AS A 3 TREATMENT OF THE PATIENT'S DEB fLIT A TING MEDICAL CONDITION. 4 (b) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF 5 THE DEPARTMENT. 6 (c) "IN GOOD STANDING", WITH RESPECT TO A PHYSICIAN'S 7 LICENSE, MEANS: 8 (I) THE PHYSICIAN HOLDS A DOCTOR OF MEDICIl'l~ OR DOCTOR OF 9 OSTEOPATHIC MEDICINE DEGREE FROM AN ACCREDITED MEDICAL SCHOOL; 10 (II) THE PHYSICIAN HOLDS A VALID, UNRESTRICTED LICENSE TO II PRACTICE MEDICINE IN COLORADO; AND 12 (III) THE PHYSICIAN HAS NOT HAD HIS OR HER UNITED STATES \3 DEPARTMENT OF JUSTICE FEDERAL DRUG ENFORCEMENT ADMINISTRATION 14 CONTROLLED SUBSTANCES REGISTRATION SUSPENDED OR REVOKED AT 15 ANYTIME. 16 (d) "MEDICAL Jt\RIJUANA PROGRAM" MEANS THE PROGRAM 17 ESTABLISHED BY SECTION 14 OF ARTICLE XVIII OF THE STATE 18 CONSTITUTION AND THIS SECTION. 19 (e) "REGISTRY IDENTIFICATION CARD" MEANS THE 20 NONTRANSFERABLE CONFIDENTIAL REGISTRY IDENTIFICATION CARD 21 ISSUED BY THE DEPARTMENT TO PATIENTS AND PRIMARY CAREGIVERS 22 PURSUANT TO THIS SECTION. 23 ttl (2) Rulemaking. The department shall, pursuant to section 14 24 of article XVIII of the state constitution, promulgate rules of 25 administration concerning the implementation of the medical marijuana 26 program established by such section and that specifically govern the 27 following: -3-SBIO-I09 I (a) The establishment and maintenance of a confidential registry 2 of patients who have applied for and are entitled to receive a registry 3 identification card, WHICH CARD SHALL INCLUDE THE IDENTITY OF THE 4 PHYSICIAN MAKING THE CERTIFICATION OF A DEBILITATING MEDICAL 5 CONDITION. THE CONFIDENTIAL REGISTRY OF PATIENTS MAY BE USED TO 6 DETERMINE WHETHER A PHYSICIAN SHOULD BE REFERRED TO THE 7 COLORADO BOARD OF MEDICAL EXAMINERS, AS AUTHORIZED IN 8 PARAGRAPH (h) OF THIS SUBSECTION (2). . . 9 (b) The development by the department of an application form and 10 THE PROCESS FOR making =h THE form available to residents of this 11 state seeking to be listed on the confidential registry of patients who are 12 entitled to receive a registry identification card; 13 (c) The verification by the department of medical information 14 concerning patients who have applied for a confidcntial registry 15 IDENTIFICATION card; 16 (d) THE DEVELOflMENT BY THE DEPARTMENT OF A FORM THAT 17 CONSTITUTES "WRITTEN DOCUMENTATION" AS DEFINED AND USED IN 18 SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, WHICH FORM 19 A PHYSICIAN SHALL USE WHEN MAKING A MEDICAL MARIJUANA 20 RECOMMENDATION FORA PATIENT; 21 fd7 (e) The CONDITIONS FOR Issuance, and THE form, of 22 confidClltial THE registry identification cards ISSUED TO PATIENTS, 23 INCLUDING BUT NOT LIMITED TO STANDARDS FOR ENSURING THAT THE 24 DEPARTMENT ISSUES A REGISTRY IDENTIFICATION CARD TO A PATIENT 25 ONLY IF HE OR SHE HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP 26 WITH A PHYSICIAN IN GOOD STANDING AND LICENSED TO PRACTICE 27 MEDICINE IN THE STATE OF COLORADO; -4-SB1O-109 W (f) Communications with law enforcement officials about 2 confidclltial registry identification cards that have been suspended where 3 WHEN a patient is no longer diagnosed as having a debilitating medical 4 condition; and 5 tf) (g) The manner in which the department may consider adding 6 debilitating medical conditions to the list of debilitating medical 7 conditions contained in section 14 of article XVIII of the state 8 constitution; AND , , 9 (h) SANCTIONS FOR PHYSICIANS WHO VIOLATE SECTION 14 OF 10 ARTICLE XVIII OFTHESTATECONSTITUTION, Tms SECTION, OR THE RULES 11 PROMULGATED BY THE EXECUTIVE DIRECTOR PURSUANT TO TmS SECTION, 12 WHICH SANCTIONS SHALL INCLUDE THE REVOCATION OR SUSPENSION OF 13 A PHYSICIAN'S PRIVILEGE TO MAKE MEDICAL MARIJUANA 14 RECOMMENDATIONS; EXCEPT THAT A LICENSURE ACTION MAY NOT BE 15 TAKEN AGAINST A PHYSICIAN FOR LAWFULLY RECOMMENDING MEDICAL 16 MARIJUANA. 17 (3) Physicians. A PHYSICIAN WHO CERTIFIES A DEBILITATING 18 MEDICAL CONDITION FOR AN APPLICANT TO THE MEDICAL MARIJUANA 19 PROGRAM SHALL COMPLY WITH ALL OF THE FOLLOWING REQUIREMENTS: 20 (a) THE PHYSICIAN SHALL CERTIFY TO THE DEPARTMENT THAT A 21 PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THAT THE PATIENT 22 MAY BENEFIT FROM THE USE OF MEDICAL MARIJUANA ONLY IF THE 23 PHYSICIAN HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP WITH THE 24 PATIENT APPLYING FOR THE MEDICAL MARIJUANA PROGRAM. 25 (b) THE PHYSICIAN SHALL MAINTAIN A SEPARATE RECORD-KEEPING 26 SYSTEM FOR ALL PATIENTS FOR WHOM THE PHYSICIAN HAS RECOMMENDED 27 THE MEDICAL USE OF MARIJUANA, AND, PURSUANT TO AN INVESTIGATION -5-S810-109 I INITIATED PURSUANT TO SECTION 12-36-118, C.R.S., THE PHYSICIAN 2 SHALL PRODUCE SUCH MEDICAL RECORDS TO THE COLORADO STATE 3 BOARD OF MEDICAL EXAMINERS AFTER REDACTING ANY PATIENT OR 4 PRIMARY CAREGIVER IDENTIFYING INFORMATION. S (C) A PHYSICIAN SHALL NOT: 6 (I) ACCEPT, SOLICIT, OR OFFER ANY FORM OF PECUNIARY 7 REMUNERATION FROM A PRIMARY CAREGIVER, DISTRJBUTOR, OR ANY 8 OTHER PROVIDER OF MEDICAL MARJJUANA; 9 (II) OFFER A DISCOUNT OR ANY OTHER THING OF VALUE TO A 10 PATIENT WHO USES OR AGREES TO USE A PARTICULAR PRlMARY II CAREGIVER, DISTRJBUTOR, OR OTHER PROVIDER OF MEDICAL MARIJUANA 12 TO PROCURE MEDICAL MARJJUANA; 13 (III) EXAMINE A PATIENT FOR PURPOSES OF DIAGNOSING A 14 DEBILITATING MEDICAL CONDITION AT A LOCATION WHERE MEDICAL I S MARIJUANA IS SOLD OR DISTRJBUTED; OR 16 (IV) HOLD AN ECONOMIC INTEREST IN AN ENTERPRISE THAT 17 PROVIDES OR DISTRJBUTES MEDICAL MARJJUANA IF THE PHYSICIAN 18 CERTIFIES THE DEBILITATING MEDICAL CONDITION OF A PATIENT FOR 19 PARTICIPATION IN THE MEDICAL MARIJUANA PROGRAM. 20 ((4) Medical marijuana review board. (a) THERE IS HEREBY 21 CREATED IN THE DEPARTMENT THE MEDICAL MARJJUANA REVIEW BOARD 22 REFERRED TO IN THIS SECTION AS THE "BOARD". 23 (b) THE BOARD SHALL EXERCISE ITS POWERS AND PERFORM ITS 24 DUTIES AND FUNCTIONS UNDER THE DEPARTMENT AS IF THE SAME WERE 25 TRANSFERRED TO THE DEPARTMENT BY A TYPE 2 TRANSFER AS DEFINED 26 IN THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE I OF 27 TITLE 24, C.R.S. -6-SBIO-I09 1 (c) THE BOARD SHALL CONSIST OF SEVEN MEMBERS, FOUR OF 2 WHOM SHALL BE REGISTERED PRIMARY CAREGIVERS AND THREE OF WHOM 3 SHALL BE PHYSICIANS WHO MAKE MEDICAL MARIJUANA 4 RECOMMENDATIONS FOR PATIENTS. THE GOVERNOR SHALL APPOINT THE 5 MEMBERS OF THE BOARD. 6 (d) EACH MEMBER OF THE BOARD SHALL SERVE AT THE PLEASURE 7 OF THE GOVERNOR. EACH MEMBER OF THE BOARD SHALL SERVE A 8 FOUR-YEAR TERM; EXCEPT THAT THE PRIMARY CAREqlVER MEMBERS 9 INITIALLY APPOINTED SHALL SERVE TWO-YEAR TERMS AND THE PHYSICIAN 10 MEMBERS INITIALLY APPOINTED SHALL SERVE ONE-YEAR TERMS. 11 (e) THE BOARD SHALL REVIEW REQUESTS BY PATIENTS UNDER 12 TWENTY-ONE YEARS OF AGE WHO ARE NOT VETERANS OF MILITARY 13 SERVICE AND WHO ARE SEEKING TO BE PLACED ON THE STATE'S 14 CONFIDENTIAL REGISTRY FOR THE USE OF MEDICAL MARIJUANA. THE 15 BOARD SHALLCONDUCTTHE REVIEW W1THTNTHJRTY DAYS AFTER RECEIPT 16 OF THE REQUEST. A MA~ORlTY OF THE BOARD SHALL AGREE THAT A 17 PATIENT SUFFERS FROM A DEBILITATING MEDICAL CONDITION AND THAT 18 THE PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF MARIJUANA 19 BEFORE THE PATIENT MAY BE PLACED ON THE STATE'S CONFIDENTIAL 20 REGISTRY FOR THE USE OF MEDICAL MARIJUANA. 21 (f) (I) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1,2020. 22 (II) PRIOR TO SAID REPEAL, THE BOARD SHALL BE REVIEWED AS 23 PROVIDED FOR IN SECTION 2-3-1203, C.R.S. 24 ffl (5) Fees. The department may collect fees from patients who, 25 pursuant to section 14 of article XVIII of the state constitution, apply to 26 the medical marijuana program estllblished by such section for a 27 ltllllijullnll registry identification CARD for the purpose of offsetting the -7-SBIO-I09 department's direct and indirect costs of administering the program. The 2 amount of snch THE fees shall be set by rule of the state borud of health 3 EXECUTIVE DIRECTOR. All fees collected by the department through the 4 medical marijuana program shall be transferred to the state treasurer who 5 shall credit the same to the medical marijuana program cash fund, which 6 fund is hereby created. 7 ffl (6) Cash fund. (a) The medical marijuana program cash fund 8 shall be subject to annual appropriation by the general ~ssembly to the 9 department for the purpose of establishing, operating, and maintaining the 10 medical marijuana program. established by section 14 ofatticle XYHI of II the state constitution. All moneys credited to the medical marijuana 12 program cash fund and all interest derived from the deposit of such 13 moneys that are not expended during the fiscal year shall be retained in 14 the fund for future use and shall not be credited or transferred to the 15 general fund or any other fund . 16 (b) b) Notwithstanding any provision of paragraph (a) of this 17 subsection ffl (6) to the contrary, on April 20, 2009, the state treasurer 18 shall deduct two hundred fifty-eight thousand seven hundred thirty-five 19 dollars from the medical marijuana program cash fund and transfer such 20 sum to the general fund. 21 SECTION 2. 2-3-1203 (3), Colorado Revised Statutes, IS 22 amended BY THE ADDITION OF A NEW PARAGRAPH to read: 23 2-3-1203. Sunset review of advisory committees. (3) The 24 following dates are the dates for which the statutory authorization for the 25 designated advisory committees is scheduled for repeal: 26 (gg) JULY I, 2020: THE MEDICAL MARIJUANA REVIEW BOARD 27 CREATED IN SECTION 25-1.5-106 (4), C.R.S. -8-SB10-I09 2 3 4 5 6 7 8 9 10 1 I 12 13 14 15 16 17 18 19 SECTION 3. 24-1-119, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-1-119. Department of public health and environment -creation. (12) THE POWERS, DUTIES, AND FUNCTIONS OF THE MEDICAL MARIJUANA REVIEW BOARD, CREATED IN SECTION 25-1.5-1 06 (4), C.R.S., ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. SECTION 4. 25-1-1202 (J), Colorado Rev.i$ed Statutes, IS amended BY THE ADDITION OF A NEW PARAGRAPH to read: 25-1-1202. Index of statutory sections regarding medical record confidentiality and health information. (I) Statutory provisions concerning policies, procedures, and references to the release, sharing, and use of medical records and health information include the following: (vv.5) SECTION 25-\.5-106, CONCERNING TJ-IE MEDICAL MARIJUANA PROGRAM; l SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. -9-SB 10-109