P. 1
BoulderOrd Notes

BoulderOrd Notes

|Views: 4|Likes:
Published by cwadotorg

More info:

Published by: cwadotorg on Apr 07, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/07/2010

pdf

text

original

CITY OF BOULDER CITY COUNCIL AGENDA ITEM

MEETING DATE: March 17,2010

AGENDA TITLE:

Second reading and consideration of Emergency Ordinance No. 7717 extending Ordinance No. 7707 regarding interim regulations for medical marijuana businesses from March 31, 2010, until the earlier of July 7, 2010 or the effective date of Ordinance No. 7716, adopting a new Chapter 6-14 regarding medical marijuana and setting forth related details.

PRESENTERlS:

Jane S. Brautigam, City Manager David Gehr, Acting City Attorney

Paul J. Fetherston, Deputy City Manager

David Driskell, Executive Director of Community Planning and Sustainability Mark Beckner, Chief of Police

Alisa D. Lewis, City Clerk/Director of Support Services Kathy Haddock, Senior Assistant City Attorney

Charles Ferro, Land Use Review Manager

EXECUTIVE SUMMARY:

In November 2009, the City Council approved Ordinance No. 7707 (Attachment A) adopting interim regulations regarding the siting of medical marijuana businesses in the City of Boulder per Ordinance No. 7707, which are set to expire on March 31, 2010.

\~

To maintain the interim regulations until the effective date of any forthcoming ordinance, council would need to adopt, by emergency, an ordinance to extend Ordinance No. 7707 from Mar. 31,2010 ..

Council approved first reading of Ordinance 7716 containing permanent regulations related to medical marijuana businesses which was passed on first reading on March 2, 2010, (Attachment B). Council and members of the public posed several questions to staff related to the proposed regulations. Staffwill provide detailed responses to all questions in the second reading memo. Second reading and public hearing has been scheduled for May 4,2010.

Agenda Item # 3C page

The proposed emergency ordinance (Ordinance No. 7717) will extend the provisions of the interim regulations found in Ordinance No. 7707 until the adoption of ordinance No. 7716 (the comprehensive medical marijuana ordinance) is complete. Since the date of second reading was extended until May, staff recommends that a new expiration date be added to the interim regulation. As proposed, the interim development regulations would expire on the effective date of the medical marijuana ordinance (7716) or on July 7, 2010, whichever comes first.

The date of July 7,2010 has been recommended as the expiration date of the interim regulations as it is the day after the first business meeting of City Council in July. This provides adequate time for at least three readings of the medical marijuana ordinance, as well as time to react to anything that may come out of the state legislature on the topic this year. Since the Council is adopting this as an emergency ordinance, additional readings are not required to process this change.

STAFF RECOMMENDATION:

Suggested Motion Language:

Staff requests council consideration of this matter and action in the form of the following motion:

Motion to adopt Emergency Ordinance No. 7717 extending Ordinance No. 7707 (regarding interim regulations for medical marijuana businesses) through the effective date of Ordinance No. 7716 adopting a new Chapter 6-14 regarding medical marijuana, or July 7,2010, whichever occurs first..

COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS:

• Economic: Based on the current definitions of city code, medical marijuana is subject to the city's sales tax. Each business that collects sales tax is required by the code to obtain a city business license. However, the business license is a reporting document rather than the type of license by which the city can approve or deny the license based on whether the business meets certain criteria.

The city grossed approximately $73,907 of sales tax through 2009 from medical marijuana businesses.

• Environmental: There are no real environmental concerns regarding retail dispensaries different from those that generally apply to retail operations. However large-scale cultivation of medical marijuana has generated some specific environmental concerns related to the discharge of pollutants into the city's sanitary sewer systems, the extensive use of electricity to power multiple highwattage grow lights and the extensive use of water for irrigation needs.

Social: There are people with debilitating nausea, pain, or other physical ailments who obtain substantial relief from the use of marijuana for their symptoms.

Agenda Item # 3C page 2

Medical marijuana provides patients with relief unavailable or without the side effects of medications. Providing clarity for the operation of medical marijuana dispensaries, including regulations related to their operations-including security-and mechanisms for enforcement helps to protect the interests of patients and legitimate business owners as well as the general public health and safety.

ANALYSIS:

Without adoption of an ordinance that extends the interim regulations contained in Ordinance No.7707, there would be no regulations applicable to medical marijuana businesses within the city between April 1, 2010 and the effective date of the permanent regulations found in Ordinance No. 7716.

BOARD AND COMMISSION FEEDBACK:

Planning Board reviewed and recommended approval of Ordinance No. 7716 on February18, 2010.

PUBLIC FEEDBACK:

While staff has not received any feedback directly related to the proposed emergency ordinance, staff has received several phone calls, email correspondences and inquiries at the Planning and Development Services Center expressing concern regarding the regulation of the-commercial growing, dispensing, and processing of medical marijuana. Concerns are primarily related to the number of dispensaries within the city, location near neighborhoods, schools, and the overall public safety issues associated with the operation of commercial dispensaries. Several correspondences have also been forwarded to staff expressing concern over the proposed regulations and their potential impact on existing medical marijuana businesses. All written correspondence will be forwarded to council as a part of the second reading packet.

Given the extensive public comments received at the Planning Board and City Council hearings in October and November, staff used online media to solicit public feedback on the interim regulations as well as other suggestions regarding the regulation of medical marijuana. A similar method for attaining public comment was successfully used for the nuisance abatement ordinance in September 2009.

Public outreach included use of the social networking website Facebook, an online survey using Survey Monkey, and .. email blasts" to the University of Colorado's e-memo email list serve as well as the city's website and various neighborhoods and stakeholder email list serves. A medical marijuana feedback web page was also created to serve as a hub for public input. Information regarding the survey and web page (with web links) also appeared in an online ad on the Daily Camera website (which received the most "hits" of anyon-line ad that has ever run on the Camera's website.)

A complete summary of the survey responses can be found at the following link: http://www.bouldercolorado.gov/files/PDS/med_mjlMedical_Marijuana_survey_feedbac k _ web _ version.pdf

BACKGROUND:

Agenda Item # 3C page 3

Refer to the following web links for background information regarding medical marijuana:

• City Council Weekly Information Packet (Oct. 29, 2009)

http://www. bouldereol oraclo. govlindex. php? optl on=com canten t&task"" vi ew &id-'=' 12 030&Itemid=357

• Planning Board Interim Regulations (Nov.5, 2009):

http://www .bouldercolorado. govlindex.php? o pti6n=-c om content &view=artide&id= 1 2119&Itemid=468

• City Council Interim Regulations (Nov.10, 2009): http://www.bouldercolorado.gov/files/5D.pdf

• Planning Board Packet (Feb. 18,2010):

http://www.. hi) aId -it-colorado. gOY Ii n.d ex.9 hp? apti Qn=com conte:nt&view=at1i cl e&i d =" 1 2671 &Itemid=468

• City Council Packet (Mar. 2, 2009):

PROPOSED ORDINANCE:

The proposed ordinance would extend the interim regulations on medical marijuana businesses contained in Ordinance No. 7707 beyond the current expiration date of March 31, 2010. The extension would be effective until the approval date of Ordinance No. 7716.

A

J aile S. Brautigam, City Manager

Attachments:

A: Ordinance No. 7707 (Interim Regulations)

B: Ordinance No. 7717 (Emergency Ordinance to fill gap between Ordinance No. 7707 and effective date of Ordinance No. 7716)

Agenda Item # 3C page 4

ATTACHMENT A

ORDINANCE NO. 7707

AN EMERGENCY ORDINANCE ADOPTING INTERIM REGULA nONS THROUGH MARCH 31, 2010, REGARDING MEDICAL MARIJUANA BUSINESSES NEAR SCHOOLS, RESIDENCES, OR OTHER MEDICAL MARIJUANA BUSINESSES, SPECIFYING THE ZONE DISTRICTS WHERE MEDICAL MARJIUANA BUSINESSSES MAY BE LOCATED, AND PROVIDING RELATED DETAILS.

THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO MAKES THE

FOLLOWING FINDINGS OF FACT:

A. Article XVIII, Section 14 of the Colorado Constitution (the "Medical Marijuana Amendment") allows the use, acquisition, possession, production, or transportation of marijuana or related paraphernalia for medical use by patients .and their primary caregivers.

B. The Medical Marijuana Amendment to the Colorado Constitution does not provide a legal manner for patients to obtain medical marijuana unless the patient grows the marijuana or the marijuana is grown by the patient's primary caregiver.

C. In order to grow and provide marijuana for medical use, some businesses have borrowed the concept of a 'dispensary' from medical marijuana laws of other states. In Colorado, the position of most dispensaries is that such businesses can serve as the primary caregiver for several patients. The dispensaries either grow marijuana for their patients or contract with marijuana grow operations to obtain marijuana. However the Medical Marijuana Amendment does not define a "dispensary." On October 29, 2009, the Colorado Court of Appeals announced a decision that seems to invalidate the dispensary position.

D. More than 35 medical marijuana dispensaries for the sale of medical marijuana, and several businesses growing medical marijuana, have recently opened in the city. Other cities in Boulder County and the Denver metropolitan area have established temporary or permanent regulation regarding medical marijuana, placing further pressure on Boulder as a potential location for such businesses.

E. Evidence exists to suggest that a number of additional such businesses may try to establish themselves within the city over the coming months.

F. Use, sale, production, possession, and transportation of medical marijuana remains illegal under federal law and marijuana remains classified as a Controlled Substance by both Colorado and federal law.

G. The regulations for medical marijuana uses are not adequately articulated at the state level, making it appropriate for local regulation of the impacts of such uses.

K:\POAOIO-MM Interim regs - adopted 11_IO_09-827.doc

AGENDA ITEM #3C PAGE #5

ATTACHMENT A

H. The Boulder Revised Code does not include medical marijuana dispensaries or marijuana production as uses that are specifical1y allowed or prohibited. As a result, the city manager is required to make case-by-case determinations about whether proposed marijuana related uses are substantially similar to other uses identified in the Code. A better process will exist if the Code is amended to specifical1y deal with medical marijuana businesses.

1. Residents of the city have expressed concern that marijuana businesses are being established in significant numbers in the city and that, in the absence of specific regulatory provisions, the businesses are being located in ways that create conflicts with surrounding uses or otherwise harm the public health, safety, and welfare.

J. The city has a valid interest in regulating zoning and other impacts of medical marijuana businesses in a manner that is consistent with the Medical Marijuana Amendment.

K. The city desires to facilitate the provision of quality medical marijuana in a safe manner consistent with the Medical Marijuana Amendment through well considered land use planning and regulations. The interim limitations of this ordinance are to protect existing uses within the city and permit the established medical marijuana businesses to operate where allowed under current zoning.

L. Some operators of medical marijuana businesses have expressed that appropriate regulations by the city will be helpful to facilitate the provision of medical marijuana in a safe manner. In other states and areas where medical marijuana dispensaries have been unregulated, an increase in crime near dispensaries has occurred. Over the past year in Boulder, several violent crimes have occurred near (or in a manner related to) medical marijuana dispensaries.

M. It is necessary for the city council to consider land use and other regulatory measures regarding medical marijuana dispensaries in order to avoid negative secondary impacts related to increases in violent crime or other problems created by incompatible land uses. Regulation of the manner of operation and location of medical marijuana uses is necessary to protect the health, safety, and welfare of both the public and the patients.

N. Time is required for the city manager to develop and present options to the city council with regard to appropriate zoning and other regulatory provisions that should be applicable to medical marijuana businesses. Time is also required for the city council to study and implement land use and regulatory provisions that will appropriately address the impacts of medical marijuana businesses while also being consistent with applicable state law.

O. It is in the best interest of those who operate medical marijuana businesses and members of the community that the land use and other regulatory provisions that will be applicable to medical marijuana businesses be clearly understood before more such businesses are established in areas where they are not a use by right.

P. A suspension on the establishment of new medical marijuana businesses near schools or near each other or in certain zone districts until March 31, 2010, (the "suspension period") is necessary for the evaluation of potential land use and other regulatory options relating to , medical marijuana businesses to keep options available to the city for appropriate locations of such businesses.

K;IPOADIO-MM Interim regs - adopted 11_IO_09-827.doc

2

AGENDA ITEM #3C PAGE #6

ATTACHMENT A

Q. During the suspension period the public interest requires that no business, activity, or use involving the distribution of marijuana in a manner inconsistent with this ordinance or applicable law shall be deemed to have been legally established.

The Planning Board held a public hearing on potential regulations for medical marijuana uses on November 5, 2009, and the terms of the suspension period described below are consistent with the recommendations of the Planning Board

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

BOULDER, COLORADO:

Section 1.

The city council adopts the findings in this ordinance and incorporates them

herein by this reference.

Section 2.

Until after 5:00 p.m. on March 31, 2010:

A. No medical marijuana business shall continue in operation unless:

1. it was legally established before November 6, 2009; or

2. the application for a business license, land use approval, building permit, or

certificate of occupancy was received by the Planning Department by November 5, 2009, and the business is in operation by December I, 2009.

B. No application for a business license, land use approval, issuance of a building

permit, or issuance of a certificate of occupancy that involve or are related to the operation of

businesses that sell or grow medical marijuana that were received by the city after November 5,

2009 shall be processed, received, reviewed, approved, or otherwise acted upon by the city manager

unless it is for a location that meets all of the following conditions:

1. The location of the business is not within 500 feet of a public or private,

primary or secondary school, or a licensed day care center.

2. The location of the business is not within 500 feet of three other medical

marijuana businesses that are in operation.

K:\POAO\O-MM Interim regs - adopted 11_lO_09-827.doc

3

AGENDA ITEM #3C PAGE #7

ATTACHMENT A

3, The proposed business qualifies as a use permitted as a matter of right in the

zone district it is proposed to be located, either as "retail," "professional/office," or a "greenhouse/nursery," aU as defined in Chapter 9-16 , "Definitions," B.R.C. 1981.

4. The proposed business is not in a dwelling unit-or in a residential zoning

district as described in Table 5-1 of Section 9-5-2, "Zoning Districts," B.R.C. 1981, or as an accessory use of a dwelling unit or within a residential zoning district,

Section 3, For purposes of this ordinance, the following definitions shall apply:

A. "Medical marijuana business" means: (a) any establishment that makes available

marijuana in any form to any other person in exchange for money, goods or services, or (b) possession of more than six marijuana plants and two ounces of a usable form of marijuana, unless the possession is by a patient or primary caregiver as defined in Article XVIII, Section 14 of the Colorado Constitution.

B. "In operation" or "open for operation" means any business or person that has opened

to the public, either by appointment or regular hours, or signed a lease for, a medical marijuana business.

Section 4. The council finds that the businesses, at the addresses that are 1isted on Exhibit A of this ordinance are medical marijuana businesses in operation for the purposes of this ordinance, provided that said businesses are open for business by December 1, 2009.

Section 5.

No person shall violate any provision of this ordinance. Any such violation

shall be enforced or otherwise prosecuted as a misdemeanor under the provisions of Title 5, "General Offenses," B,R.C, 1981.

Section 6.

Nothing herein is intended to legalize any medical marijuana business that is

not legal under existing applicable Colorado law. To the extent any current ordinance or provision

K:\POAO\O·MM Interim regs - adopted II_JO_09-827,doc

4

AGENDA ITEM #3C PAGE #8

ATTACHMENT A

of the Boulder Revised Code is inconsistent with this ordinance, this ordinance such ordinance shall be suspended for the limited purpose of the implementation of this ordinance until March 31, 2010.

Section 7.

The city council directs the city manager to study, develop, evaluate and

review appropriate regulations and ordinances pertaining to medical marijuana businesses for presentation to and consideration by the city council. In the event that any recommendations involve amendment to land use regulations of the city, those recommendations shall be presented to the planning board for recommendation to the city council.

Section 8. The city council finds that a public health and safety justifies the adoption of

the interim development regulations described by this ordinance as an emergency measure. The nature of the emergency is described, in part, by the findings of fact set forth in this ordinance. The city council further finds that time is required to consider reasonable regulations for medical marijuana businesses. The city council also needs sufficient time to evaluate approaches to avoiding negative impacts associated with a concentration of medical marijuana businesses and to avoid the establislunent of incompatible uses located in close proximity to each other. Also, the city council needs time to consider legislation that will increase security for and mitigate or avoid any increase in violence or criminal activities attendant to unregulated medical marijuana businesses. Therefore, the city council orders that this ordinance shall be effective immediately upon its passage.

Section 9. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition.

K:\POAO\O-MM Interim regs - adopted 11_IO_09-827.doc

s

AGENDA ITEM #3C PAGE #9

ATTACHMENT A

INTRODUCED, READ, PASSED, AND ADOPTED AS AN EMERGENCY MEASURE BY TWO-THIRDS COUNCILMEMBERS PRESENT, AND ORDERED PUBLISHED BY TITLE ONLY this 10th DAY OF NOVEMBER, 2009.

City Clerk on Director of Finance and Record

K:\POAD\O-MM Interim regs- adopted "_'O~09-827.doc

6

AGENDA ITEM #3C PAGE #10

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Attachment B

ORDINANCE NO. 7717

AN EMERGENCY ORDINANCE EXTENDING ORDINANCE NO. 7707 REGARDING INTERIM REGULATIONS FOR MEDICAL MARIJUANA BUSINESSES FROM MARCH 31, 2010, UNTIL THE EARLIER OF JULY 7, 2010 OR THE EFFECTIVE DATE OF ORDINANCE NO. 7716, ADOPTING A NEW CHAPTER 6-14 REGARDING MEDICAL MARIJUANA AND SETTING FORTH RELATED DETAILS.

THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO FINDS AND

RECITES THAT:

A.

Ordinance No. 7707 was adopted by the City Council on November 10, 2009, to impose temporary regulations on the establishment of medical marijuana businesses until such time as permanent provisions could be adopted by the city. Ordinance No. 7707 expires by its terms on March 31, 2010.

B.

The Planning Board and City Council have considered Ordinance No. 7716 adopting provisions governing medical marijuana; however such ordinance shall not go into effect until after March 31,2010.

C.

The City Council desires that the interim regulations in Ordinance No. 7707 not expire until the permanent provisions of Ordinance No. 7716 go into effect.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF BOULDER, COLORADO:

Section 1.

The City Council extends the termination date of Ordinance No. 7707

from March 31, 2010, until the earlier of July 7,2010 or the date Ordinance No. 7716 goes into

effect.

Section 2.

Until the effective date of Ordinance No. 7716, no application for a

business license, land use approval, building permit or certificate of occupancy related to the

operation of a business that sells or grows medical marijuana within the city shall be received,

K:\POAD\O-7717-827-0001.doc

AGENDA ITEM # ~PAGE11-

3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22

reviewed, approved or otherwise acted upon by city staff, and no medical marijuana business

2 shall be opened or operated, except in accordance with the provisions of Ordinance No. 7707.

Section 3.

The City Council finds that an emergency exists, and this ordinance is

necessary for the immediate preservation of the public health, safety. and welfare because the

ordinance the city is considering for permanent requirements for the cultivation, distribution and

sale of medical marijuana will not go into effect prior to the expiration of the interim regulations

adopted in Ordinance No. 7707. The public health, safety and welfare are best protected by the

interim regulations regarding medical marijuana being effective until replaced by the permanent

regulations being considered in Ordinance No. 7716. These reasons necessitate the immediate

effectiveness of this ordinance as provided by Section 17 of the Boulder City Charter.

Section 4.

The City Council deems it appropriate that this ordinance be published by

title only and orders that copies of this ordinance be made available in the office of the city clerk

for public inspection and acquisition.

INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

TITLE ONLY this 2nd of March, 2010.

Mayor

Attest:

23 City Clerk on behalf of the Director of Finance and Record

24 25 26 27 28

AGENDA ITEM # :3~ PAGEL'L_

K:\POAD\O-7717-827-000 l.doc

1 2 3 4 5 6 7 8 9

10

AGENDA ITEM # ~{!, PAGE~

READ ON SECOND READING, AMENDED, PASSED, ADOPTED AS AN EMERGENCY MEASURE BY TWO-THIRDS COUNCILMEMBERS PRESENT, AND

ORDERED PUBLISHED BY TITLE ONLY this 17th day of March, 2010.

Mayor

Attest:

11 City Clerk on behal f of the Director of Finance and Record

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

K:\POAD\O-7717-l!27-000 I .doc

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->