HomeMy WebLinkAboutOrdinance 1554CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Ordinance No . 1554
Series 2014
TITLE : AN ORD INANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION , ACCEPTANCE , PROCESSING , AND APPROVAL OF
APPLICATIONS FOR A LAND USE APPROVAL , PERMIT OR LICENSE FOR
ANY MEDICAL MARIJUANA ESTABLISHMENT OR RETAIL MARIJUANA
ESTABLISHMENT AND DECLARING AN EMERGENCY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health , safety
and welfare ; and
WHEREAS , pursuant to the authority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code , Article 43.3, Title 12 ,
C.R.S ., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments ; and
WHEREAS , pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution and the Colorado Retail Marijuana Code , Article 43.4, Title 12,
C.R.S ., the Council previously adopted local regulations governing retail marijuana
establishments ; and
WHEREAS , pursuant to such local regulations. medical marijuana
establishments and retail marijuana establishments may be located only at certain
locations within the City and are subject to certain operational conditions ; and
WHEREAS , the Council has heard an increased level of concern expressed by
the public about the appropriateness of the City's regulations concerning retail and
medical marijuana establishments , including but not limited to the permissible locations
and size of such establishments ; and
WHEREAS, as the City's experience with medical and retail marijuana
establishments gets longer, the Council finds that it is appropriate to periodically
evaluate the City's marijuana regulations and their appropriateness as City conditions
change , particularly in response to expressed citizen concerns ; and
WHEREAS, the Council finds that such an evaluation is desirable and
appropriate in order to ensure that retail and medical marijuana establishments are
located only in locations that are consistent with the intent and purpose of the City's
comprehensive plans and land use code and are located and operated in a manner that
is compatible with surrounding uses and otherwise in furtherance of the public health ,
safety and welfare ; and
WHEREAS, the Council further finds that it is necessary to impose a temporary
moratorium on the submission , acceptance, processing , and approval of applications for
any land use approval , permit or license for medical marijuana establishments and retail
marijuana establishments while the Council conducts its review of current regulations
governing the same in order to prevent the location of any such establishment that is
contrary to the City's comprehensive plans, land use code , incompatible with
surrounding uses or otherwise detrimental to the public health , safety and welfare ; and
WHEREAS , the imposition of a ninety (90) day moratorium on the submission ,
acceptance, processing , and approval of all applications for City land use approvals,
permits and licenses concerning the operation of medical marijuana establishments and
retail marijuana establishments is reasonable and will allow the Council to review,
evaluate and amend , if needed , its regulations concerning the same .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO :
Section 1. Findings. The above and foregoing findings are hereby incorporated
by this reference as specific findings and determinations of the Council.
Section 2. Temporarv Moratorium . A temporary moratorium is hereby
imposed on the submission , acceptance, processing , and approval of any application
for a City land use approval, permit or license for any medical marijuana establishment
or retail marijuana establishment, as both terms are defined by Chapter 11 of the Wheat
Ridge Code of Laws rcode"). The City staff is directed to refuse to accept for filing ,
and not to further process or review any pending application for such establishments
during the moratorium period .
Section 3 . Duration . The moratorium imposed by this ordinance shall
commence as of the date of adoption of this ordinance and shall expire on the ninety-
first (91 51) day thereafter .
Section 4 . Exemption for Pending Applications . This ordinance shall not apply
to the processing and final action by the City upon any application for a City land use
approval , permit or license for any medical marijuana establishment or retail marijuana
establishment, which application has been received by the City prior to 5 :00 p.m. on
August 18, 2014. Such applications shall be processed and acted upon pursuant to the
City regulations in effect as of the effective date of this ordinance .
Section 5. Staff to Investigate and Prepare Proposed Regulations . Before the
expiration of the moratorium imposed by this ordinance , City staff shall review and
analyze the City's existing regulations governing medical marijuana establishments and
retail marijuana establishments, as directed by the Council , and present any proposed
amendments thereto to the Council. The Council declares that it will give due and
timely consideration to any such recommended changes to the Code.
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Section 6 . Emergency Declared ; Effective Date . Pursuant to Section 5.13 of the
Wheat Ridge Home Rule Charter, the City Council hereby finds , determines and
declares that an emergency exists and that this ordinance is necessary for the
immediate preservation of public property , health , welfare , peace or safety in order to
prevent the future location of medical marijuana establishments and retail marijuana
establishments in the City at locations that may be inconsistent with the intent and
purpose of the City's comprehensive plans , land use code , incompatible with
surrounding uses or otherwise detrimental to the public health , safety and welfare , while
the Council undertakes an evaluation of the City's existing regulations concerning the
same . The Council finds that the moratorium enacted hereby is reasonable in duration
and does not work an undue hardship on current or future applicants that may be
affected hereby. This ordinance shall be effective immediately upon its adoption .
INTRODUCED , READ , AND ADOPTED AS AN EMERGENCY MEASURE on
first reading by a vote of _7_ two _o_ on this 18th day of August, 2014 , and ordered
published in full in a newspaper of general circulation in the City of Wheat Ridge within
ten (10) days after passage , or as soon thereafter as possible .
SIGNED by the Mayor on this 18th day of August , 2014 .
ATTEST:
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