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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/22/2011 - ITEMS RELATING TO MEDICAL MARIJUANA BUSINESSES DATE: February 22, 2011 _ STAFF: Peter Barnes, Steve Dush, Rita Harris, Allen Heaton, Linda Samuelson, • ' •• • •• • Ginny Sawyer,Jerry Schia er Items Relating to Medical Marijuana Businesses. A. First Reading of Ordinance No.018,2011,Authorizing the Continuing Operation of Existing Medical Marijuana Businesses. B. First Reading of Ordinance No.019,2011, Making Certain Amendments to Chapter 15,Article XVI of the City Code Governing the Licensing, Number, Location and Operation of Medical Marijuana Businesses, and Adding a New Article Governing the Cultivation of Medical Marijuana by Primary Caregivers and Patients. C. First Reading of Ordinance No.020,2011,Amending the City's Land Use Code by Adding Medical Marijuana- Infused Product Manufacturing Facilities as Permitted Uses in Various Zones Districts, and Renaming Dispensaries and Cultivation Facilities. EXECUTIVE SUMMARY These three ordinances are being presented to Council to further clarify, regulate, and align medical marijuana businesses to the State regulations and to the intent of previous local ordinances. Ordinance No. 018, 2011, will allow for existing medical marijuana businesses that have met all requirements and paid appropriate fees to both the City and the State to continue operating, even if such businesses do not meet the required zoning and location requirements. Ordinance No.019,2011,will amend the provisions of Chapter 15,Article 16 and 17 of the City Code to align the City's local regulations with the Colorado Medical Marijuana Code, to adopt certain additional, more restrictive regulations as permitted under state law, and to adopt local regulations for primary caregivers. Ordinance No.020,2011,will amend the Land Use Code to add a definition for a Medical Marijuana-Infused Products Manufacturing Facility, to add the use of such facility to the list of permitted uses in the appropriate zones, and to rename dispensaries and cultivation facilities to be consistent with the Colorado Medical Marijuana Code. BACKGROUND / DISCUSSION Since March 2010, City Council has adopted numerous ordinances related to the operation and regulation of medical marijuana businesses(MMBs) in Fort Collins. On June 7, 2010, the State of Colorado passed the Colorado Medical Marijuana Code,which regulates MMBs and allows for municipalities to adopt more restrictive regulations or even to ban such businesses, and imposes a moratorium on any new applications until July 1, 2011. Under Ordinance No. 25, 2010, existing MMBs in Fort Collins had until June 30, 2010, to submit an application for a business license. The City has so far inspected and issued provisional licenses to 19 medical marijuana centers (formerly known as medical marijuana dispensaries), and 10 associated optional premises cultivation facilities (formerly known as medical marijuana cultivation facilities), with 21 more locations (4 centers and 17 cultivation facilities)that are pending approval. An additional requirement imposed on these businesses under state law is that the applicant must apply and pay fees to the State by August 2010. The City currently has four outstanding applications that could potentially bring the total number of Centers to 23. In August 2010, Council passed a resolution which delayed the decision as to whether existing MMBs should be allowed to remain in their current locations and as to when, if at all, applications for new MMBs should be accepted by the City until additional information was gathered on the number of existing local businesses that were eligible for licensing under state law. February 22 2011 -2- ITEM 3 Of the 19 medical marijuana centers that have provisional licenses issued by the City, only two meet all of the zoning and separation requirements. One additional center, which is not yet licensed, also meets all zoning and separation requirements. Ordinance No. 018, 2011, proposes allowing all current licensed centers to remain in their current locations or in new, conforming locations. Ordinance No. 019, 2011, proposes limiting the total number of allowable center licenses available in Fort Collins to 23. This would honor the good faith business investments made by MMBs that were in operation prior to our current regulations while addressing the concerns heard from citizens. The surrounding municipalities,including Larimer County,Loveland,Longmont,Windsor,and Greeley,have all banned or continued their moratoriums on marijuana related businesses. This has placed additional pressure on Fort Collins from those individuals looking for a location to start a MMB. Capping the total allowable number of MMB licenses in Fort Collins provides a means to prevent Fort Collins from becoming a regional MMB capital. If all the local medical marijuana centers that have applied to the state are licensed, there would be a capacity to serve 7,600 patients. At last report, there were 116,000 patients in the state; 8 to 10%of the state patients have historically resided in Larimer County; and Fort Collins has about 47%of the population of the county. Using these figures, a generous estimate of the total number of patients in Fort Collins is about 5,482. While the exact figures are not available, it is apparent that the current number of centers can easily provide for the patients that reside in Fort Collins, especially since primary caregivers could grow medical marijuana for up to five patients each and patients could also opt to grow medical marijuana for themselves. Ordinance No. 019, 2011, implements and aligns definitions, language, and regulations with state law. Additionally, it allows for the licensing of a new type of business for persons who manufacture medical marijuana-infused products (such as baked goods,tinctures, and beverages)inconformity with state law. Further, it creates a medical marijuana licensing authority as required by state law, removes duplicative regulations by eliminating those that are already covered in state law, and adds a number of more restrictive provisions than exist under state law. The following are some examples of more restrictive provisions: • Limits any applicant to only two medical marijuana center licenses in the City. • Caps the total number of allowable centers in the City. • Maintains the existing local separation requirements and measuring techniques, both of which are more restrictive than the State. • Requires the reporting of all disturbances and unlawful activity at any MMB licensed facility. • Limits the type of plants, clones, or seedlings that centers may sell. • Requires all cultivation facilities within the City to have a center in Fort Collins. • Allows for the exchange of no more than 8 oz. of medical marijuana per seven-day period between licensed centers. (This relaxes the previous local limit of 4 oz.) Continues the current local limit on the amount of medical marijuana that can be dispensed to patients or primary care givers (2 oz. within a seven-day period). • Requires all cultivation of medical marijuana to be conducted entirely within a building or other fully enclosed structure. • Prohibits the cultivation of any medical marijuana within any duplex or multi-family dwelling, or within any structure that is located on the same legal parcel as a duplex or multi-family dwelling. • Imposes a twelve (12) marijuana plant count, including no more than six (6) mature plants, that may be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. February 22, 2011 -3- ITEM 3 • Establishes the following local regulations for manufacturers of medical-infused products: - prohibits the operation of a medical marijuana-infused products manufacturer in the City unless such manufacturer also operates a center in the City; - prohibits the posting of signs or other advertising materials identifying the premises as being associated with the production or use of medical marijuana; and - requires that all products produced by a medical marijuana-infused products manufacturer be sold only through a center under the same ownership. In prior ordinances, the City did not address provisions for the manufacturing of medical marijuana-infused products. Since the State law now allows for the licensing of a medical marijuana-infused products manufacturer and because staff has been informed by local industry representatives that this is an important element of a MMB, Ordinance No. 020, 2011, adds a definition and allowable zone districts for this use. Medical marijuana-infused products manufacturing facilities are proposed to be allowed in the same zone districts as cultivation facilities, and like those facilities, would have no separation requirements. FINANCIAL / ECONOMIC IMPACTS Staff has identified only a few financial impacts. The time and effort to process MMB application and issue licenses was initially underestimated. Staff has been tracking the workload and anticipates raising fees to ensure that staff time is covered. If the number of MMB licenses is limited,those individuals looking to start a business in Fort Collins could be financially impacted. In 2010, the City received approximately$260,000 in sales tax revenue from MMBs. STAFF RECOMMENDATION Staff recommends adoption of all three ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board discussed the proposed Ordinance No. 020, 2011, amending the Land Use Code, at its work session on Friday, February 11. The Board will hear the item at its regular meeting on Thursday, February 17. Draft minutes of the Board's decision will be provided in the read-before packet on February 22, 2011. PUBLIC OUTREACH Staff has worked collaboratively with a newly formed Dispensary Owners Council. Staff also informed the Health District,the North Fort Collins Business Association,and the Campus Community Coalition of these recommendations. Updates have also been maintained on the MMB web site at fcgov.com. ATTACHMENTS 1. Maps and Descriptions of Center Locations in Relation to Allowable Zoning and Separation Requirements 2. Powerpoint presentation Medical Marijuana Application A Kind Place ATTACHMENT 1 N� Ju O co �O } w c� Q Q � z Q '`ti` ypy PRINCETON RD l 5 PRINCETON BAYLOR ST �� M1 `� W DIRJAKE RD KE RD I ❑ I z ti f w of z W TH DERBIRD DCIO - - - J ❑ W J � OfJ �` LL J U `G Lu LL W HARVARD ST Proposed Site 250' Buffer Increments - Churches Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 95 190 380 570 760 Does Not Meet All Separation Requirements Meters U 25 50 100 150 zoo N City of These ma ratlucfs antl all underlying data are tleveb etl far use b the Ci of Fort Collins for its internal purposes only, and were not tlesi netl or infentletl for enem Y l use b members (`^_ ofthepubGP The Citymakesno representation orwamanly as to its accuracy, tardiness, or completeness,, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Ort VO Ins pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS products, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of The use thereof, and LaMar covenants and agrees To held the City harmless S from and against all damage, loss, or liability arising fmm any use of the map product, in consideration of The Cihfs having made Nis information available. Independent verification of all data contained herein should be obtained b an users of product, or undod n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:4,911 Y Y p dying N Y 9 itY. intlirec( or consequenlel, which apses or may arse bear these map products or the use thereof by any person or entity_ Printed . January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for A Kind Place 123 E Drake Rd Meets Separation Requirements for Existing MMDs Does not Meet Separation Requirements for Child Care 1 Group Homes Name : Christ United Methodist Church Owner: CHRIST UNITED METHODIST Name : Kids Town Dropion Child Care Owner: ARAGORN PROPERTIES , LLC Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : METROPOLITAN COMMUNITY CHURCH Owner: CHRIST UNITED METHODIST Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : LOW DENSITY RESIDENTIAL DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Not Located Within the Permitted Zones (C , CC , CCN , CCR, CS , D , RDR) Page 2 Medical Marijuana Application Abundant Healing DEN CENTER HAM ST HERRY ST MAPLE ST + O ,t r Q GI'sT �l JW F i J i , Sui 1 y 0 .i Z tiU (n 1 Z } Z l t t LAPORTE AVE 1 LINCO �N AVE k GL� } IL ` W MOUNTAIN AVE E MOUNTAIN AVE �9LF Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 100 Zoo 400 600 800 Does Not Meet All Separation Requirements Meters 25 50 100 150 zoo N City of These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for eneml use b members Collins of the pubGThe Cdy makesno repo,sole(ionorwartaMy as to itsaccuracy, tmeliness, orcompletenessp, antl inparl¢ular, its a¢uraryin labeling ortlisplayingtlimensions,Ycontours, W E Ort pmperty boundaries, or placement of bcation of any map features thereon. THE CITY OF FORT COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS pretluc6, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to held the City harmless S from and against all tlamage, loss, or liability arising fmm any use of the map product, in consideration of the Cihfs having made This information available. Independent verification of all data Page 3 contained hemin should be obtained b an users of products, or underlyingtlata. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directScdle 7:5,205 Y Y p N Y 9 itY. ♦ ,,t inducc( or consequenlel, which apses or may arse from these map products or the use thereof by any person or entity- Printed : January 20, Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Abundant Healing 351 Linden St , Suite 120 Does not Meet Separation Requirements for Existing MMDs Name : Cannabis Care Wellness Center Name : Organic Alternatives Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : IASIS CHRIST FELLOWSHIP Owner: IASIS CHRIST FELLOWSHIP Does not Meet Separation Requirements for Recreation Name : JEFFERSON STREET PARK Owner: City of Fort Collins Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 4 Medical Marijuana Application Budding Health 0 W Z W I AI IRFI ST C� BAYSTONE wP - - St- Lu �_ . r sir 1 0 i L: 1 , 12 8 t St, 8 12 t Ur I I 5 i I ELIZABET,H ST 1FdOrAordordorA UNIVERSITY AVE Q oQ a oQ SOOT WESTWARD DR LLLQ11 iL Proposed Site 250' Buffer Increments Churches ;1h Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 105 210 420 630 340 Does Not Meet All Separation Requirements Meters 0 25 50 100 150 200 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed m intendec for general use by members Collins ofthepublic. The Citymakesno representation orwaoanty astoits accuracy, tm eliness, or completeness, antl in particular, ik accuracy in labeling or displaying dimensions, contours, W E ort property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map t S product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and fudher covenants and agrees to held the City harmless S from and against all damage, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 5 contained herein should be obtained b an users of these product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScale 1:5,331 Y Y p flying y Y 9 itY. indirect or conseguenlel, which apses or may arse from these map products or the use thereof by any person or entity_ Printed . January 20, 2011 City of Fort Collins Fo Box580 Fort Collins , CO 80522 970.416.2050 970.221 . 6329 - fax fcgov. com Medical Marijuana Application for Budding Health 1228 W Elizabeth St, Suite D8 Does not Meet Separation Requirements for Existing MMDs Name : Medical MJ Supply( 1 ) Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : ST PAUL'S EPISCOPAL CHURCH Owner: SAINT PAULS EPISCOPAL Name : JOHN XXIII Owner: ARCHDIOCESE OF DENVER Name : CHABAB JEWISH CTR-NORTHERN CO Owner: NICOL CAMPUS WEST Meets Separation Requirements for Recreation Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR, CS , D , RDR) Page 6 Medical Marijuana Application Cannabis Care Wellness Center CHERRY ST f / k MAPLE ST / Q w ST to V J (n z O w O U � z f z z LAPO TE AVE r ! ,t 9< � . � 0 .� W MOUNTAIN AVE ' %�_ %_ _----- --�rV&JNTAIN AVE w c~ z n U) Q ❑ z U to z w z0 w w OU O Q � z = w 9L 2 O Q F F U U � g d Proposed Site 250' Buffer Increments - Churches Existing MMD' s Primary-Secondary Schools ORRecreation I Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 100 Zoo 400 600 goo Does Not Meet All Separation Requirements Meters 25 50 100 150 zoo N City of These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for eneml use b members Collins of the pubGThe Cdy makesno repo,sole(ionorwartaMy as to itsaccuracy, tmeliness, orcompletenessp, antl inparl¢ular, its a¢uraryin labeling ortlisplayingtlimensions,Ycontours, W E Ort pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS products, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Ntlher covenants and agrees to held the City harmless S from and against all tlamage, loss, or liability arising fmm any use of the map product, in consideration of the Citys having made This information available. Independent verification of all data Page 7 contained hemin should be obtained by an users of these products, or underlyingdata The Ci disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScale 1:5,122 Y Y p N Y 9 itY. ,,t inducc( or consummate 1, which apses or may arse from these map products a r the use thereof by any person or entity_ Printed : January 20, Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Cannabis Care Wellness Center 227 Jefferson St Does not Meet Separation Requirements for Existing MMDs Name : Organic Alternatives Name : Abundant Healing Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : IASIS CHRIST FELLOWSHIP Owner: IASIS CHRIST FELLOWSHIP Does not Meet Separation Requirements for Recreation Name : JEFFERSON STREET PARK Owner: City of Fort Collins Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 8 Medical Marijuana Application Colorado Herbal Remedies W LAKE ST E LAKE ST V) z O V) V) Of — V) w V d F: W ROSPECT RD E 4PRSPECT RD 1 , 1 i 163 S oil ae A ' te a _ DI ' Wr ~ Ui i a ' U) I w , l PARKdR ST 12 I ALPERT AVE UART ST J Cl) O Q 'NDIAN� Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 95 190 380 570 760 Does Not Meet All Separation Requirements Meters 25 50 100 150 zoo N City of These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for eneml use b menders Collins ofthepubG The Citymakesno representation orwanamy as to its accuracy, tmeliness, or completeness, and in partcular, its accuracy in labeling or displaying dimensions,YContours, W E Ort property boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MANS NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees To held the City harmless S from and against all tlanvge, loss, or liability arising tram any use of the map product, in consideration of the Cihfs having made This information available. Independent verification of all data Page 9 containe ! herein should be obtained b an users of these products, or underlyingtlaN. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directScdle 1:4,863 Y Y p N Y 9 itY. intlirec( or corimmenle 1, which apses or may arse mom these map products or the use thereof by any person or entity- Printed : January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Colorado Herbal Remedies 1630 S College Ave , Suite B1 Does not Meet Separation Requirements for Existing MMDs Name : Infinite Wellness Center Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : HERUKA BUDDHIST CENTER Owner: YOVANOFF , KAREN/ROBERT Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : LOW DENSITY MIXED- USE NEIGHBORHOOD DISTRICT Name : NEIGHBORHOOD CONSERVATION - LOW DENSITY DISTRICT Does not Meet Separation Requirements for Rehabilitation Facilities Name : Turning Point Center Owner: TURNING POINT CENTER FOR YOUTH AND Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 10 Medical Marijuana Application Earthly Elements k t 4 f� \ if 'M1 5 l/ 1 1 ECONE DR 4 , ti Lu U ' I � I a V) I I w D , m l ! 4 't r' HICKORY ST CONIFER ST Proposed Site 250' Buffer Increments Churches ;1h Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 95 190 380 570 760 Meets All Separation Requitements Meters 25 50 100 150 200 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members Collins Dftrepublic. The Citymakesno representation orwanamy astoits accuracy, tmeliness, or completeness, antl in particular, its accuracy in labeling or displaying dimensions, contours, W E ort property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map t S product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and furlher covenants and agrees to held the City harmless S from and against all danvge, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 11 contained herein should be obtained b an users of these product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:4,884 Y Y p flying N Y 9 itY. intlirect, or consequenlel, which apses or may arse from these map products or the use thereof by any person or entity. Printed . January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Earthly Elements 1324 N College Ave Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 12 Medical Marijuana Application Elite Green Organics U to U) � to to w � z o = o z vi w — w a �• K1% W LA U71 L STl , E LAUREL T ' OL rT � � } E PLUM`IST UE ~ I V) z p I I V) Q 1 � I cn i k i � V ` ) ^ l 1 z 4 LV LOCUSTS \% w w w � a •- � ' � E ELIZ ETH ST U GARFIELD ST Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 95 190 380 570 760 Does Not Meet All Separation Requirements Meters U 25 50 100 150 zoo N City of These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended far general Y l use b members (`^_ oflhepubG The Citymakesno representation orwamamy as to its accuracy, timeliness, or completeness,, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Ort VO Ins pmperty boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIIES NO WARRANTY OF MERCHANTABILRV OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS product, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and furlher covenants and agrees to held the City harmless S from and against all tlanvge, loss, or liability arising tram any use of the map product, in consideration of the Cihfs having made This information available. Independent verification of all data Page 13 contained herein should be obtained b an users of product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:4,865 Y Y p flying N Y 9 itY. intlirec( or consequential, which apses or may arse from these map products or line use thereof by any person or entity_ Printed : January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Elite Green Organics 804 S College Ave Meets Separation Requirements for Existing MMDs Does not Meet Separation Requirements for Child Care 1 Group Homes Name : Young People's Learning Center Owner: GRIFFITH , DENNIS/JANICE Does not Meet Separation Requirements for Primary-Secondary Schools Name : CENTENNIAL SR HIGH Does not Meet Separation Requirements for Colleges Name : COLORADO STATE UNIVERSITY Does not Meet Separation Requirements for Churches Name : ANGLICAN CHURCH OF-ASCENSION Owner: COLORADO STATE UNIVERSITY Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : NEIGHBORHOOD CONSERVATION - BUFFER DISTRICT Name : NEIGHBORHOOD CONSERVATION - MEDIUM DENSITY DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 14 Medical Marijuana Application Emerald Pathway 0 N OL ARD DR .- '+ o Q N�j3 S9 i y� W B DWALK DR t 0 6 _ 1 402 S golleye ui#� 41 m Z Wi Ir r owq<� / fIZi ti Q Q i } JZi R AO W rn I � � }% W 4 , J f Q i V / o V w Q Z . KWY W _ AN PKWY Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 105 210 420 630 840 Meets All Separation Requitements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for enem Y l use b members (`^_ ofthepubG The Citymakesno representation orwarramy as to its accuracy, timeliness, or completeness,, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Ort VO Ins property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MANS NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS products, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to held the City harmless S from and against all tlamage, loss, or liability arising from any use of the map product, in consideration of the Citys having made this information available. Independent verification of all data Page 15 contained herein should be obtained b an users of products, or underlyingtlala. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directScdle 1:5,427 Y Y p N Y 9 itY. ,,t inducc( or consummate 1, which apses or may arse from these map products or the use thereof by any person or entity- Printed : January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Emerald Pathway 4020 S College Ave , Suite 11 Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 16 Medical Marijuana Application FoCo Compassion Center El J / w 0 � O m %% Ze �p % ST w00O R } �• ,t w Z �' o 0 i r' z t ' 1 ,r 1 It V) k z 0 z LINDEN CENTER DR co v Proposed Site 250' Buffer Increments Churches ;1h Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 100 200 400 600 600 Does Not Meet All Separation Requirements Meters 0 30 60 120 160 240 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed m intende i for general use by members 1. (`1/''�- ofthepublicTheCdymakesnompresentalionorwartany as to its accuracy, tmeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Fort Collins property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map G S product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees to held the City harmless S from and against all damage, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 17 contained herein should be obtained b an users of these product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:6,091 Y Y p flying N Y 9 itY. indirect, or conseguenlel, which apses or may arse from these map products or the use thereof by any person or entity. Printed . January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for FoCo Compassion Center 232 E Vine Dr Does not Meet Separation Requirements for Existing MMDs Name : Medical MJ Supply(2 ) Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 18 Medical Marijuana Application Free Medical MJ Store I. t 1 01 ege v y ti o t r t r V VIAN ST 1 � W TRILBY RD RILBY RD GARY DR Proposed Site 250' Buffer Increments Churches ;1h Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 100 200 400 600 800 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members 1. 1r Collins1 of the public The Cdy makesno mpresentalionorwartany as to itsaccuracy, tmeliness, orcompleteness, antl inparticular, its a¢uraryin labeling or tlisplayingtlimensions, contours, W E � property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MANS NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR S FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees To held the City harmless S from and against all danvge, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 19 contain ! herein should be obtained by an users of these product, or underlyingdata The Ci disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:4,918 Y Y p N Y 9 itY. indirect, or consequenlel, which apses or may arse from these map products or the use thereof by any person or entity. Printed . January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Free Medical MJ Store 6410 S College Ave Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : URBAN ESTATE DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 20 Medical Marijuana Application Indica RX HICKORY ST CONIFER ST %\ } r' y 0 , ST ` ,t k � t r ` 1 I ' y I , , 4 I 1 1 � W Z •' AIETq O m O�q O too PA S T 1P Proposed Site 250' Buffer Increments Churches Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 105 210 420 630 640 Does Not Meet All Separation Requirements Meters 0 30 60 120 160 240 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members Collins ofthepublic. The Citymakesno representation orwananty astoits accuracy, tmeliness, or completeness, antl in particular, its accuracy in labeling or displaying dimensions, contours, W E ort property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MANS NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map t S product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees To held the City harmless S homan tl against all danvge, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 21 contain ! herein should be obtained by an users of these product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:5,076 Y Y p flying y Y 9 itY. indirect, or consequenlel, which apses or may arse from these map products or the use thereof by any person or entity. Printed . January 20, 2011 City of Fort Collins Fo Box580 Fort Collins , CO 80522 970.416.2050 970.221 . 6329 - fax fcgov. com Medical Marijuana Application for Indica RX 104 Pinon St Does not Meet Separation Requirements for Existing MMDs Name : Medical MJ Supply(2 ) Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Does not Meet Separation Requirements for Recreation Owner: BOWL FORT COLLINS , LLC Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 22 Medical Marijuana Application Infinite Wellness Center W PROSPECT RD E PROSPECT RD to PARKER S Ly , ALPERT AVE , II 1 , , , ' I , III E STU 'RT ST 5' J � CO j INDIA) r" SPRING PARK ¢I Q m N N� Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 105 210 420 630 840 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for eneml use b members Collins of the pubGThe Cdy makesno rapnsentalionorwartanyas to itsaccuracy, tmeliness, orcompletenessp, antl inparl¢ular, its a¢uraryin labeling ortlisplayingtlimensions,Ycontours, W E Ort pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR c� FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GIS product, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and furlher covenants and agrees to held the City harmless S from and against all tlanvge, loss, or liability arising tram any use of the map product, in consideration of the Cihfs having made This information available. Independent verification of all data Page 23 contained herein should be obtained b an users of these products, or underlyingtlata. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directScdle 1:4,986 Y Y p N Y 9 itY. inducc( or conseguenle 1, which apses or may arse mom these map products or the use thereof by any person or entity- Printed : January 20, Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Infinite Wellness Center 1740 S College Ave Does not Meet Separation Requirements for Existing MMDs Name : Colorado Herbal Remedies Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : HERUKA BUDDHIST CENTER Owner: YOVANOFF , KAREN/ROBERT Does not Meet Separation Requirements for Recreation Name : CREEK SIDE PARK Owner: City of Fort Collins Does not Meet Separation Requirements for Residential Zoning Name : LOW DENSITY MIXED- USE NEIGHBORHOOD DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 24 Medical Marijuana Application Kind Care of Colorado 0 r > �1 URANUS STni 00 VIVIAN ST LATION R O '" �" Z Z � J lif s s i W T E TM.LBY RD w , Lu i GAYDR W i , J i 0 U W '1C0CD RICK DR p l ! > r W Y l t } IDALIA DR \ PITNER R F�AGLE R Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 105 210 420 630 840 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for eneml use b members (`^_ ofthepubG The Citymakesno representation orwananty as to its accuracy, timeliness, or completeness,, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Ort VO Ins pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS product, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees to held the City harmless S from and against all tlanvge, loss, or liability arising tram any use of the map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 25 contained herein should be obtained b an users of these products, or underlyingtlaN. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directSCdle 1:5,006 Y Y p N Y 9 itY. inducc( or conseguenle 1, which apses or may arse mom these map products or the use thereof by any person or entity- Printed . January H, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Kind Care of Colorado 6617 S College Ave Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : MEETING PLACE Owner: SOUTHGATE CHURCH , INC Name : FIRST FREEWILL BAPTIST CHURCH Owner: FIRST FREE WILL BAPTIST Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : LOW DENSITY MIXED- USE NEIGHBORHOOD DISTRICT Name : LOW DENSITY RESIDENTIAL DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Not Located Within the Permitted Zones (C , CC , CCN , CCR, CS , D , RDR) Page 26 Medical Marijuana Application Medical MJ Supply(l) W LAUREL ST TONE r' I� ji } Q4 k 00 1 O � t a 1 ai i [-- ; - -4 40 ElizabSt St , i W U) 1 UNIVERSITY AVE 0 0 0 oQ o Qa SOIJ WESTWARD DR PI=T0 Proposed Site 250' Buffer Increments Churches ;1h Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 1 , 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 105 210 420 630 840 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members 1. (`1/''�- ofthepublic. The Citymakesno representation orwananty astoits accuracy, timeliness, or completeness, and in particular, it accuracy in labeling or displaying dimensions, Contours, W E Fort Co thins property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to held the City harmless S homan tl against all danvge, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made this information available. Independent verification of all data Page 27 contained herein should be obtained b an users of these product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:4,866 Y Y p flying y Y 9 itY. indirect or consomenlel, which apses or may arse from these map products or the use thereof by any person or entity. Printed . Januar Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Medical MJ SupplV( 1 ) 1240 W Elizabeth St Does not Meet Separation Requirements for Existing MMDs Name : Budding Health Name : Budding Health Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : ST PAUL'S EPISCOPAL CHURCH Owner: SAINT PAULS EPISCOPAL Name : JOHN XXIII Owner: ARCHDIOCESE OF DENVER Name : CHABAB JEWISH CTR- NORTHERN CO Owner: NICOL CAMPUS WEST Meets Separation Requirements for Recreation Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 28 Medical Marijuana Application Medical MJ Supply(2) HEMLOCK ST - PINON ST . r S/ U) f� J W r O 1 } m N i @ QV JETAN ST � — I > I a , w00 W �� L ST i k E VINE R Proposed Site 250' Buffer Increments Churches ;1h Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 1 , 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 105 210 420 630 640 Does Not Meet All Separation Requirements Meters 0 30 60 120 160 240 N Collins City of These map products antl all underlying data are developed far use by the City of Fort Collins for its internal purposes only, antl were not designed or intended for general use by members 1r ofthepublic. The Citymakesno representation orwananty astoits accuracy, tmeliness, or completeness, antl in particular, its accuracy in labeling or displaying dimensions, contours, W E _ t property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR S FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees to held the City harmless S horn an against all danvge, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 29 contained herein should be obtained b an users of these product, or underlyingdata The Ci disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:4,906 Y Y p y Y 9 itY. indirect, or conseguenlel, which apses or may arse from these map products or the use thereof by any person or entity. Printed . January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Medical MJ Supply(2 ) 810 N College Ave Does not Meet Separation Requirements for Existing MMDs Name : FoCo Compassion Center Name : Indica RX Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Does not Meet Separation Requirements for Recreation Owner: BOWL FORT COLLINS , LLC Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 30 Medical Marijuana Application Medicinal Gardens of Colorado 0 O W OLIVE ST LL OLIVE ST _ '' FN l ' W AGNOLIA S E MAGNOLIA ST 1 Lu � - - - � ; - - - 'ti ' ! Howes -Ststy 1W Z - ' - I - � -=, w o 0 f� 0 W - - - J - 3: I (h � 0 Z W MULBEARY ST O ; �E MULB RRY STLU 1 i i to �. � I ' ' I F �\ V) 0 \%% W MYRTLE ST E MYRTLE ST O V) 2L Proposed Site 250' Buffer Increments - Churches ' Existing MMD' s Primary-Secondary Schools Recreation I Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 110 220 440 660 880 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for enem Y l use b members (`^_ oflhepubG The Citymakesno representation orwananty as to its accuracy, timeliness, or completeness,, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Ort VO Ins pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS product, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and furlher covenants and agrees to held the City harmless S from and against all tlanvge, loss, or liability arising tram any use of the map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 31 contained herein should be obtained b an users of products, or underlyingtlata. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directScdle 1:6,030 Y Y p N Y 9 itY. intlirec( or conseguenle 1, which apses or may arse mom these map products or the use thereof by any person or entity- Printed . January 20, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Medicinal Gardens of Colorado 420 S Howes St, Suite D107 Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : NEIGHBORHOOD CONSERVATION - BUFFER DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 32 Medical Marijuana Application Natural Alternatives for Health x ,• '� } W WILLOX LN E r LLOX LN GREEN LE AF g ,t O Q _ SUND NICE C/R z Q 16 N +College Ave, Su to A 4; ti W O t Z BUTCH Cqs ! s/O _ o w U %\% � � W _ m BRISTLECONE DR RED CEDAR CIR Proposed Site 250' Buffer Increments - Churches '= Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 110 220 440 660 880 Meets All Separation Requitements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for eneml use b members Collins of the pubGThe Cdy makesno rapnsante(ionorwartanyas to itsaccuracy, tmeliness, orcompletenessp, antl inparl¢ular, its a¢uraryin labeling ortlisplayingtlimensions,Ycontours, W E Ort pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS product, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees to held the City harmless S from and against all tlanvge, loss, or liability arising tram any use of the map product, in consideration of the Cihfs having made This information available. Independent verification of all data Page 33 contained herein should be obtained b an users of products, or underlyingtlaN. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directSCdle 1:4,993 Y Y p N Y 9 itY. intlirec( or consequenlel, which apses or may arse mom these map products or the use thereof by any person or entity- Printed : January 20, Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Natural Alternatives for Health 1630 N College Ave , Suite A Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 34 Medical Marijuana Application Nature 's Medicine 7 W THUNDERBIRD DR E THUNQ� F��Dk o F DR — — — — z - cn OY 5 H Z / ki���FFR oR w U. _ o 839 totleg 2 ar` i > I G �r w I a I y m0 I wi 01 W Q` i w GAP\ 20 O� O� gi Z ILL O - - I UT ! _ - Z Lu P w �` L M1� - ' E SWALLOW D E SWALLOW RD Of W SWAL W RD — ' — — 0 w J Q W Proposed Site 250' Buffer Increments Churches Existing MMD' s Primary-Secondary Schools Recreation C Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 112.5 225 450 675 900 Does Not Meet All Separation Requirements Meters 0 30 60 120 160 240 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members (`/''�- ofthepublic. The Citymakesno representation orwananty astoits accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Fort Col lins property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees to held the City harmless S homan tl against all danvge, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 35 contained herein should be obtained b an users of these product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:5,029 Y Y p flying y Y 9 itY. indirect, or consomenlel, which apses or may arse from these map products or the use thereof by any person or entity_ Printed . Januar Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Nature 's Medicine 2839 S College Ave Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : LOW DENSITY RESIDENTIAL DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 36 Medical Marijuana Application Northern Colorado Natural Wellness CENTRE AVE TREE z %%% k W RAKE fjp 9 $. — t it F _ I 110 GLEN HAVEN DR I m w I w 0 j Q U) i ! Of CGS D R f w NP5 _ 00 DIAVIDSON D z :I [] V) C� g RD S TINGHP ROCKY MOUNTAIN WAY r:i :P :P Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 112.5 225 450 675 900 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended far general use b members Collins of the pubGThe Cdy makesno rapnsante(ionorwartanyas to itsaccuracy, tmeliness, orcompletenessp, antl inparl¢ular, its a¢uraryin labeling ortlisplayingtlimensions,Ycontours, W E Ort property boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MANS NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS products, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and LaMar covenants and agrees To held the City harmless S from and against all tlamsge, loss, or liability arising tram any use of the map product, in consideration of the Cihfs having made This information available. Independent verification of all data Page 37 contained herein should be obtained b an users of products, or underlyingtlaN. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directScdle 1:5,034 Y Y p N Y 9 itY. intlirec( or consequenlel, which apses or may arse mom these map products or the use thereof by any person or entity- Printed . January 20, Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Northern Colorado Natural Wellness 1125 W Drake Rd , Suite B8 Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Does not Meet Separation Requirements for Primary-Secondary Schools Name : ROCKY MOUNTAIN SR HIGH Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : Third Day Victory Church Owner: GAGLIARDI , JAMES A/NOHRA, CO-TRUSTEES , Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : MEDIUM DENSITY MIXED- USE NEIGHBORHOOD DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Not Located Within the Permitted Zones (C , CC , CCN , CCR, CS , D , RDR) Page 38 Medical Marijuana Application Organic Alternatives U) U) W � W J o OAST �1NCOLN AVE do � (ids J<I/ k i 6 ai i �o I i k E MO N Lu F Q W W cn F W J V) E OAK ST zz w w F F9 z x cn o Q W W U W d m U) p W 2 M F E OLIVE ST L. F El n Proposed Site 250' Buffer Increments Churches Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site Rehabilitation Facilities Feet 0 115 230 460 690 920 Does Not Meet All Separation Requirements Meters 0 30 60 120 160 240 N City of These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed m intende i for general use by members 1. 1r Co ofthepublic. The Citymakesno representation orwananty astoits accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E _ t VJ20, 201 property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAIrES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map product, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees to held the City harmless S from and against all damage, loss, or liability arising tram any use of this map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 39 contained herein should be obtained b an users of these product, or untletl n data The City disclaims, and shall not be held liable for an and all damage, loss, or liability, whether directScdle 1:5,073 Y Y p flying y Y 9 itY. indirect, or conseguenlel, which apses or may arse from these map products or the use thereof by any person or entity_ Printed . January Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Organic Alternatives 346 E Mountain Ave Does not Meet Separation Requirements for Existing MMDs Name : Cannabis Care Wellness Center Name : Abundant Healing Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Does not Meet Separation Requirements for Churches Name : IASIS CHRIST FELLOWSHIP Owner: IASIS CHRIST FELLOWSHIP Name : FT COLLINS MENNONITE FELLOWSHIP Owner: FORT COLLINS MENNONITE FELLOWSHIP Meets Separation Requirements for Recreation Does not Meet Separation Requirements for Residential Zoning Name : NEIGHBORHOOD CONSERVATION - BUFFER DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 40 Medical Marijuana Application Solace Meds T os �A � O Yam. - - - • �' � ry W WJY \ 0 D Q m � • Z LL � \ t �Gl CRESTRIDGE ST W r SMO EY_S 1 <SOR Q ' W 301 mo , tJlnitA 0 W J i , 0 I 1 S BURY CT DUN DR Q SATURN DR URN DR • + RAVEN DR V) � ER Y DR Z < Q SAINT MICHAEL6 UK J� Q CHARRINGTON CT Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 120 240 480 720 960 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended far general use b members (`^_ ofthepubG The Citymakesno representation orwarrany as to its accuracy, tardiness, or completeness,, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Ort VO Ins pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR c� FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GIS products, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees To held the City harmless S from and against all tlamsge, loss, or liability arising tram any use of the map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 41 contained herein should be obtained b an users of products, or underlyingtlaN. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directScdle 1:5,140 Y Y p N Y 9 itY. intlirec( or consequenle 1, which apses or may arse mom these map products or the use thereof by any person or entity- Printed . January H, 2011 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Solace Meds 301 Smokey St , Unit A Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Does not Meet Separation Requirements for Recreation Owner: OLBRYS- DEAN SPORTS Does not Meet Separation Requirements for Residential Zoning Name : LOW DENSITY RESIDENTIAL DISTRICT Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Located Within the Permitted Zones (C , CC , CCN , CCR , CS , D , RDR) Page 42 Fort Collins Fo Box 580 Fort Collins , CO 80522 970.416.2050 970 .221 . 6329 - fax fcgov. com Medical Marijuana Application for Top Shelf Colorado 1101 Academy Ct , Unit 4 Meets Separation Requirements for Existing MMDs Meets Separation Requirements for Child Care \ Group Homes Meets Separation Requirements for Primary-Secondary Schools Meets Separation Requirements for Colleges Meets Separation Requirements for Churches Meets Separation Requirements for Recreation Meets Separation Requirements for Residential Zoning Meets Separation Requirements for Rehabilitation Facilities Meets Separation Requirements for Jails Is Not Located Within the Permitted Zones (C , CC , CCN , CCR, CS , D , RDR) Page 43 Medical Marijuana Application Top Shelf Colorado t t t 1 de ' 7 'I ,4 Rid cy�0 V) FRS o ST } � Ofw cn Lu z Of 1 J w W Y � pwp Q F- Z coo f H V) Q E PITKIN T x Lu — — BUCKEYE Q J a Q J Proposed Site 250' Buffer Increments - Churches S Existing MMD' s Primary-Secondary Schools Recreation Site Buildings Colleges Residential Zoning 1000 ' Buffer Of Proposed Site Jails - Child Care \ Group Homes Iz 500' Buffer Of Proposed Site - Rehabilitation Facilities Feet 0 125 250 500 750 1 ,000 Does Not Meet All Separation Requirements Meters 0 30 60 120 180 240 N City of I These ma products and all underlying data are developed for use b the Cityof Fort Collins for its internal purposes only, and were not designed or intended for enem Y l use b members (`^_ ofthepubG The Citymakesno representation orwananty as to its accuracy, timeliness, or completeness,, and in particular, its accuracy in labeling or displaying dimensions, Contours, W E Ort VO Ins pmperty boundaries, or placement of bcabon of any map features thereon. THE CITY OF FORT COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users ofthese map GAS product, nap applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and Nrlher covenants and agrees to held the City harmless S from and against all tlanvge, loss, or liability arising tram any use of the map product, in consideration of the Cdys having made This information available. Independent verification of all data Page 44 contained herein shoultl be obtained b an users of these products, or underlyingtlaN. The Ci disclaims, and shall not be held liable for an antl all damage, loss, or liability, whether directSCdle 1:5,215 Y Y p N Y 9 itY. inducc( or conseguenle 1, which apses or may arse mom these map products or the use thereof by any person or entity- Printed . January 20, 2011 ATTACHMENT 2 Proposd Urd mices Related to the Cont' ical cil M February 22, 2011 Background Since March 2010 , Council has adopted a local licensing system and regulations , and has established a process for existing businesses to be issued provisional licenses , pending Council ' s decision on grandfathering . Existing Medical Marijuana Business ( " MMBs " ) had until June 30 , 2010 to submit an application to the City for a MMB license . �t Collins 2 Background In June 2010 , the State enacted HB 10- 1284 . The Bill includes : — Licensing and regulations . — Provisions to allow municipalities to be more strict . — A requirement that MMBs apply to the State by August 1 , 2010 . — A moratorium on applications for new MMBs until July 1 , 2011 . tolls 3 Background In August 2010 the grandfathering decision was delayed to allow : - Local applicants time to complete any deficiencies in their application and ge required inspections . -Time to see which local applicants would meet all State requirements . �t�ins 4 Background The City received 36 applications by the June 30 deadline . 19 MMB Centers have been issued provisional license ( 3 pending . ) 10 associated cultivation facilities have been inspected and licensed ( 17 pending . ) City or t�ollis 5 Background 2 Centers meet all location requirements . 1000 ft : MMB , schools 500 ft : college or university, child care , place of worship , park, pool , playground , recreational facility, halfway house , correctional facility, rehab center, 10 identified zone districts Ci ty Collins 6 nce No . 018 , 2011 Grandfathers all current existing MMBs . �t�l=s Proposed ce , 2011 Amends the original licensing provisions to implement and align definitions , language , and regulations with the State law . Removes items that are addressed in the State Law . Adds or maintains more restrictive provisions unique to Fort Collins . of Collins 8 o nce No . 019 , 2011 - Establishes Medical Marijuana Licensing Authority . - Caps the total number of allowable Centers in the City . - Allows only 2 Medical Marijuana Center licenses per applicant . - Maintains local separation requirements and measurement techniques . tolls 9 Proposed ce , 2011 — Limits clone , plant , and seedling sales . — Requires cultivation facilities to have a Center in Fort Collins . — Allows 8oz exchanges per week between licensed Centers . — Requires reporting of all disturbances . �t Collins 10 E nce No . 019 , 2011 - Continues local limit of 2oz per patient per week . - Requires all cultivation to be within a building or fully enclosed structure . - No more than 12 plants may be grown in a single family dwelling . - No plants may be grown in any duplex or multi -family dwelling . ,�t�l�s 11 Manufactured Infused Products MIPs facilities are buildings in which products infused with medical marijuana are manufactured . Fort Collins currently does not allow MIPs and does not have a procedure to license MIPS . �F``orYt ns 12 Proposed Q & ance No . 019 , 2011 Establishes local MIP regulations : - An applicant can apply for a MIP license only if they also have a Center license in Fort Collins . - MIP products could only be sold in a Center under the same ownership . - Labeling and health requirements come under State regulations . Ol t 13 Proposed Ordinance No . 020 , 2011 Amendments to the Land Use Code to define MIPs and the zones in which they would be allowed . The use is proposed to be allowed in the same 5 zones that allow cultivation facilities (the RDR , CCN , CS , I , and the Riverside area of the CL ) . or Collins 14 E nce No . 020 , 2011 Conforms language with the State . • Change Medical Marijuana Dispensary to Medical Marijuana Center and change definition to reference State definition . • Change Medical Marijuana Cultivation Facility to Medical Marijuana Optional Premises Cultivation Operation and change definition to reference State definition . cit t�ollis 15 Discussion ORDINANCE NO. 018, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONTINUING OPERATION OF EXISTING MEDICAL MARIJUANA BUSINESSES WHEREAS,on December 1, 2009,the City Council adopted Ordinance No. 128,2009(the "Moratorium Ordinance") imposing a moratorium on the establishment and operation of medical marijuana businesses in the City,pending City Council's consideration of local regulations for such businesses; and WHEREAS, by adoption of Ordinance No. 025, 2010, (the "Licensing Ordinance") on March 16, 2010, the City Council added a new Article XVI to Chapter 15 of the City Code (the "Code") which established a comprehensive licensing system for medical marijuana businesses; and WHEREAS, on that same date, the City Council also adopted Ordinance No. 026, 2010, amending the City's Land Use Code to clarify the zone districts in which such businesses may operate; and WHEREAS,the Licensing Ordinance includes certain location criteria for medical marijuana dispensaries, which criteria have been codified in Chapter 15, Article XVI of the Code; and WHEREAS,the Licensing Ordinance, as amended by Ordinance No. 047, 2010, sets forth, in Sections 3 through 9 thereof, a procedure whereby"existing medical marijuana businesses," as defined therein, must apply for licensing under Chapter 15 of the Code on or before June 30, 2010, in order to continue in operation in the City; and WHEREAS, the Licensing Ordinance also states, in Section 7 thereof, that existing businesses for which a license is approved by the City shall be subject to all of the provisions of Chapter 15,Article XVI of the Code except the location requirements contained therein and the zone district standards contained in Article 4 of the Land Use Code,until the City Council determines by ordinance,after receiving a recommendation from the City Manager, whether such businesses will be permitted to remain in operation in their current locations; and WHEREAS, the City Council recognizes the substantial investments made by the owners of such businesses and wishes to allow for the continuing operation of the same in their existing locations; and WHEREAS,City staff,after considering the current locations of each of the existing medical marijuana businesses in relation to the protected uses set forth in Chapter 15, Article XVI of the Code, has recommended, through the City Manager, that the City Council authorize the ongoing operation of all such businesses; and WHEREAS,subsequent to the City Council's adoption of the Licensing Ordinance,the state legislature enacted Article 43.3 of Title 12,C.R.S.,known as the Colorado Medical Marijuana Code, concerning the licensing and regulation of medical marijuana businesses,which took effect July 1, 2010; and WHEREAS, C.R.S. Section 12-43.3-308 establishes certain state-wide location criteria but also authorizes the governing body of a municipality to, by ordinance, vary such restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are hereby incorporated herein as findings of the City Council and made a part hereof by this reference. Section 2. That the City Council hereby finds and determines that all "existing medical marijuana businesses," as defined in Ordinance Nos. 25, 47 and 69, 2010, that submitted applications for licensing to the City Clerk on or before June 30, 2010, and that meet all state and local laws and regulations applicable to such businesses other than the zoning requirements of Article 4 of the Land Use Code and/or the location requirements contained in Chapter 15, Article XVI of the Code, shall be allowed to continue in operation in their current locations or in any such new location that conforms to the foregoing zoning and location requirements. Section 3. No existing medical marijuana business that is authorized to continue in operation under Section 2 of this Ordinance and that fails to conform to the location requirements contained in Chapter 15, Article XVI of the Code shall add more than twenty-five percent (25%) of new floor area to the buildings or structures that exist on the site of such business as of the effective date of this Ordinance, nor shall any new structures be constructed on such site. Section 4. If active operations in an existing medical marijuana business that is allowed to continue in operation under Section 2 of this Ordinance are discontinued for a period of twelve (12) consecutive months, the building, other structure or tract of land where such business previously existed shall thereafter be occupied and used only for a use that is permitted in such location under the Land Use Code and under the location requirements contained in Chapter 15, Article XVI of the Code. Section 5. • Any existing medical marijuana business that is authorized to continue in operation under Section 2 of this Ordinance and that is not a permitted use under Article 4 of the Land Use Code in the zone district in which it is currently located,shall be subject to the regulations applicable to non-conforming uses under Section 1.5 of the Land Use Code,as well as the provisions of Section 3 and 4 of this Ordinance. In the event of any conflict between the provisions of said Section 1.5 of the Land Use Code and the provisions of Section 2 or Section 3 of this Ordinance, the more restrictive provision shall apply. -2- Introduced, considered favorably on first reading, and ordered published this 22nd day of February, A.D. 2011, and to be presented for final passage on the 15th day of March, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2011. Mayor ATTEST: City Clerk -3- ORDINANCE NO. 019, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 15 , ARTICLE XVI OF THE CODE OF THE CITY OF FORT COLLINS GOVERNING THE LICENSING, NUMBER, LOCATION AND OPERATION OF MEDICAL MARIJUANA BUSINESSES , AND ADDING A NEW ARTICLE GOVERNING THE CULTIVATION OF MEDICAL MARIJUANA BY PRIMARY CAREGIVERS AND PATIENTS WHEREAS , on March 16, 2010, the City Council adopted on second reading Ordinance No . 025 , 2010, adding a new Article XVI to Chapter 15 of the City Code, which Article governs the licensing, location and operation of medical marijuana businesses (the "Local Regulations") ; and WHEREAS , on June 7, 20105 the governor signed House Bill 10- 1284 into law enacting Title 12, Article 43 . 3 of the Colorado Revised Statutes (the "Colorado Medical Marijuana Code"), which regulates the cultivation, manufacture, distribution, and sale of medical marijuana as a matter of state-wide concern; and WHEREAS , the Colorado Medical Marijuana Code states that on or after July 1 , 2011 , all businesses engaged in the cultivation, manufacture, or sale of medical marijuana or in the processing of medical marijuana-infused products shall be subject to its terms and conditions and any rules promulgated pursuant thereto ; and WHEREAS , the Colorado Medical Marijuana Code also authorizes counties and municipalities in Colorado to prohibit or regulate medical marijuana businesses and to adopt regulations consistent with the intent of the state law that are more restrictive than the State ' s ; and WHEREAS , City staff has extensively reviewed and compared the Local Regulations to the Colorado Medical Marijuana Code and has recommended that the Local Regulations be amended to eliminate provisions that are adequately addressed by the Colorado Medical Marijuana Code, to update or modify certain other provisions, and to add new regulations that staff believes are necessary to better protect the health, safety and welfare of City residents ; and WHEREAS , the City Council has reviewed these staff recommendations and has concluded that the recommended amendments to the Local Regulations are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 15 , Article XVI of the Code of the City of Fort Collins is hereby amended to read as follows : ARTICLE XVI. MEDICAL MARIJUANA DIVISION I. IN GENERAL Sec. 15-450. Purpose. possible,(a) The - if this Artictc are intendcd to acknowfedgc and protect the rights 0 id their prillialy C "Mrnlvers under the provisions of Article XEN'fff, Section H of th�! curtailing, to the extent reasonably the possession, use, distribution or tra )-f ( 1 ) requiring that mcdical mar tiarta businesses be operated in a manner that initfinfizes potential health and saf�ty risks and mitigates the negative impacts that a medicai mar vana di ght have on snrrounding properties and persons ; dispensaries and cultivation facilities in order to protect the public health, safety and wcif�rc ; morel f�eiliti-es . (a) The purpose of this Article is to implement the provisions of Article 43 . 3 of Title 12 , C . R. S . , known as the Colorado Medical Marijuana Code, which authorizes the licensing and regulation of medical marijuana businesses, and affords local government the option to determine whether or not to allow certain medical marijuana businesses within their respective jurisdictions, and to adopt licensing requirements that are supplemental to or more restrictive than the requirements set forth in state law. (b) By adoption of this Article, the City Council does not intend to authorize or make legal any act that is not permitted under federal or state law. Sec. 15-451 . Incorporation of state law. The provisions of the Colorado Medical Marijuana Code, and any rules and regulations promulgated thereunder, are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this Article . Sec. 15-45f2 . Definitions. The following words, terms and phrases , when used in this Article, shall have the meanings ascribed to them in this Section: -2 - 711?!V1?tb1W1?t :?0 Shall 1TICall that Mrtain voter- initiated anictidment to ttic eolorado eonstittitiot adopted November 7 , -2000 , which added Section f 4 of Article Xlv'ff f to the eolorado eonstitution. Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, and directors and shareholders of such entity. Building Official shall mean the Building Code Official as defined in Chapter 5 of this Code . Colorado Medical Marijuana Code shall mean Title 12 , Article 43 . 3 of the Colorado Revised Statutes and any rules or regulations promulgated thereunder. Cultivation or cultivate shall mean the process by which a person grows a marijuana plant. purposes,Dwelling tinit shall inean one ( 1 ) or more roorns and a single kitchen and at least one ( f ) bathroom, desigticd, occupied or intendcd for occupancy as separatc quarters for thc excfusive use of a single Earnily for fiving, cooking and sanitary located in a single-ffiniffy, - ffirnil Financial interest shall mean any ownership interest, including, without limitation, a membership, directorship or officership; or any creditor interest, whether or not such interest is evidenced by any written document. under this Arficle � shall means ( f ) the applicant has violated, does not > , requirements , conditions of this Article or with arry applicabic state or locall (2) the applicant has failed to comply with any special terms or conditions of a license, including those tcrms and conditions that were cstabfished at thc firtic of issuaticc of the ficense and those imposed as a restilt of disciplinary proceedings held subsequent to the datc of issuance of the ficensc , or that adversely affects the public health, welffire or safety of the immediate neighborhoo in which tfic dispensary or cluffivation fkifity is located . Evideticc to support stich -a finding can include, without > > an mar ttana di cultivation facility or in the immediate area surrounding such fkifity, a confitming pattern of crinfinal conduct dircctly rclated to or arising from tfic operation of the medical mar ttana dispensary or cultivation fficifity, o. titfisaticc condition emanating from or cansed by the medical mar varta d Cultivation facility. - 3 - License shall mean a document issued by the City officially authorizing an applicant to operate a medical marijuana business pursuant to this Article . Licensedpreinises shall mean that portion of a property, building or other structure used for the > plucessing, dispfaying for sale, selling or othcrwise distribnting Licensee shall mean the person to whom a license has been issued pursuant to this Article . including,*kdicai inar�nana shall .i ina or cannabis approved under state law to treat persons suff-cring from debifitating inedical conditions as defined in Amendnictit -20 and other laws and regulations of the State , > human immunodeficiency V it U �Wj VI tfironir, or debilitating diseases stich as setiznres , scvcrc pain, severe natism, persistcnt nTusele spasms and epilepsyo Medical marijuana business or business shall mean a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code . any person acting alone or in concert with another person, whethcr for profit or not for profit, who > , sells , > buds flowers of the plant (gentis) catinabis , or any InixWrc or prcparation thercof, for medical ttse as mthorized by Amendment -20 . Ised for the cuffivation or storage of inedical mar vana that is physically separate fron any medical mar tiana dispensary and that is designated as part of th%. FICTITISCS Of a Medical owned and lawfully operated by a licensee in another eolorado county or tymnicipality, or as part limits of the eity. *kdical inar�nana defireiy bminess shall mean a medical mar ttana business that delivers mcdicaf mar nana to a patient or prillial y Cal C61 V cr at a location other than a ficciised premiscs , > rni Vel dispense or otherwise provide marl'ttana in any manner tor patients ol- statutes and administrative regulations . Medical marijuana paraphernalia or paraphernalia shall mean devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming medical marijuana, including, but not limited to, rolling papers , related tools, water pipes and vaporizers . Minor patient shall mean a patient less than eighteen ( 18) years of age . Patient shall mean a person who has a debilitating medical condition as defined in Amendment 26 Article XVIII, Section 14 of the Colorado Constitution . -4- association, firm, j oint venture, estate , trust, business trust, syndicate , fiduciary, partnership or arty Place of worship or religious assembly shall mean a building containing a hall, auditorium or other suitable room used for the purpose of conducting religious services or meetings of the occupants of such structure . Pi rin �sm shall mcan the ctifire parcef of property upon which a medical mar inatia dispcnsary or cultivation facility is located. Primmy caregiver shall mean a person, other than the patient and the patient's physician, who is cightcen ( 18) ycars of age or oldcr and has significant responsibifity for managing the wcff-being of a patient who has a debilitating medical condition. Regisoy id-entrfication card shall mean that doettment, issued by the eolorado Department o of mar nana and stich patient's pritl "r, if any has been design State shall mean the state of Colorado. (b) In addition to the definitions provide contained in Subsection (a) of this Section, other terms used in this Article shall have the meaning ascribed to them in Article XVIII, Section 14 of the Colorado Constitution or the Colorado Medical Marijuana Code, and such definitions are hereby incorporated into this Article by this reference . Secs. 15-453-15-460. Reserved. DIVISION 2 . MEDICAL MARIJUANA LICENSING AUTHORITY Sec. 15-461 . Creation. There shall be and is hereby created a Medical Marijuana Licensing Authority, hereafter referred to in this Article as the "Authority". Sec. 15-462 . Composition. The Authority shall be a person appointed by the City Manager. Sec. 15-463 . Functions. (a) The Authority shall have the duty and authority pursuant to the Colorado Medical Marijuana Code and this Article to grant or refuse licenses, and levy penalties against licensees in the manner provided by law. (b) The Authority shall have all the powers of a Local Licensing Authority as set forth in the Colorado Medical Marijuana Code . -5 - (c) The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority. (d) The Authority shall have the power to require any applicant or licensee to furnish any relevant information required by the Authority. (e) The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by the District Court of the State. Secs. 15-464-15-469. Reserved. DIVISION 3 . LICENSES , FEES , REGULATIONS AND PROCEDURES Sec. 15-45270. License required; exemption. (a) Except as provided in Subsection (b) of this Section, it It shall be unlawful for any person to establish or operate a medical marijuana business in the City without first having obtained-a license for such business from the City Managerand the state a license for each facility to be operated in connection with such business . Such license shall be kept current at all times, and the failure to maintain a current license shall constitute a violation of this Section. (b) Except as provided in Subsection (e) of this Section, plillialy Cat %'61vers Who cultivate , possess inedical mar natia for their own inedical ttse, are exempt from the ficensing requirements of this Article, but are sttbject to tfic following fitnitations . ire (2) Not more than twelve ( H) mar uana plants may be cultivated or kept at any dwefling unit, of which no more than six (6) pfants may be maturc . medical mar nana than such person is entitled to possess under Amendment -20 . (C) Any giver or pattent who would otherwise be exempt from the licensing Its of this Articfe mider Snbsection (b) of this Section and who joins togcthcr With One ( f ) or more other priniaty caiegivers or pati�nits to establish, operate , manage or otherwise its of this Article . Accordingly, it shall be unlawful for any primary caregiver or patt to cngagc in Such collectivc activity at a Cultivation f�cifity without first ha-ving obtaincd a ficense for a inedical mar uana business as required under Subsection (a) of this Section. - 6 - Sec. 15-471 . Limit on number of licenses. (a) There shall be no more than twenty-three (23 ) medical marijuana centers licensed in the City at any one time . If, at any time, fewer than twenty-three (23 ) centers are licensed, consideration for additional licenses will be given in the order prospective applicants are placed on a wait list to be maintained by the City. (b) There shall be no more than one ( 1 ) medical marijuana-infused product manufacturer' s license per center in the City at any one time . Sec. 15-45372 . Requirements of application for license ; payment of application fee ; denial of license. (a) A person seeking a license or renewai of a license issued pursuant to the Colorado Medical Marijuana Code and the provisions of this Article shall submit an application to the City Manager on forms provided by the State and City. At the time of application, each applicant shall pay a nonrefundable application fee to defray the costs incurred by the City for background investigations and inspection of the proposed premises, as well as any other costs associated with the processing of the application. In addition, the applicant shall present for recording one ( 1 ) of the following forms of identification: ( 1 ) an identification card issued in accordance with Section 42 -2-302 , C . R. S . ; (2) a valid state driver's license; (3 ) a valid driver's license containing a picture issued by another state; (4) a military identification card; (5 ) a valid passport; or (6) an alien registration card. The applicant shall also provide the following information on a form approved by, or acceptable to, the City, which information shall be required for the applicant, the proposed manager of the medical marijuana business, and all persons having a ten-percent or more financial interest in the medical marijuana business that is the subject of the application or, if the applicant is an entity, having a terr- percent or mote financial interest in the entity: ( 1 ) name, address, date of birth, and other identifying information as may be required; (32) an acknowledgment and consent that the City will may conduct a background investigation, including a criminal history check, and that the City will be entitled to full and complete disclosure of all financial records of the medical marijuana business, including records of deposit, withdrawals, balances and loans; -7- (43 ) if the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable ; (5 ) the name and complete address of the proposed medical mar nana business, including the f�cifitics to be used in furtherance of such business, whether or not such f�cifitics are , or are planned to be, within the territorial iimits of the eity; (64) if the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marijuana dispensary or cultivation usiness ; (75 ) a copy of any deed reflecting the applicant' s ownership of, or lease reflecting the right of the applicant to possess, the proposed licensed premises; (M) evidence of a valid City and state sales tax license for the business ; (9) ifthemedicalmar nana dispensary will be providing medicaf mar rana in edible form, evidence of any food e stab 1i shment 11 %., Cint "T VC1111it that may be required by the State ; (+67) a "to scale " diagram of the proposed licensed premises, no larger than I x 17", showing, without limitation, a site p! , building layout, all entry ways and exits to the dispensary and cultivation roposed licensed premises, loading zones and all areas in which medical marijuana will be stored, grown, manufactured or dispensed; (8) a "to scale" site plan for the location of the proposed licensed premises, no larger than 11 " x 17", showing, without limitation, lot lines and lot line dimensions, building locations on the lot and building footprints, parking stalls, driveway and/or curb cut locations and dimensions , sidewalks, trash enclosures, and loading zones ; (++9) a comprehensive business operation plan for the medical marijuana business which shall contain, without finfitatiot at a minimum, the following: a, a security plan meeting the requirements of § 15 -4e79 of this Article, b . a description of all products to be sold, c , a signage plan for exterior signage that is in compliance with all applicable requirements of this Code and the Land Use Code, and including photographs and/or illustrations of proposed signage ; and d . a plan f6t the disposal of medical mat ratia and refated byproducts to ensnre tha such d sposal is in compliance with all applicable federal, state and local laws or mg-alations ; and - 8 - ( 120) any additional information that the City Manager reasonably determines to be necessary in connection with the investigation and review of the application. (b) A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the medical marijuana dispens � and cultivation business, including, without limitation, any development approvals or building permits required by this Code and the Land Use Code . (c) Upon receipt of a completed application, the City Manager shall circulate the application to all affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations . (d) The Building Officia City shall, prior to issuance of the license, perform an inspection of the proposed licensed premises, including, , to determine compliance with any applicable requirements of this Article or other provisions of this Code or the Land Use Code. Sec. 15-473 . Denial of application. te)--The eity Manager Authority shall deny any application that does not meet the requirements of the Colorado Medical Marijuana Code or this Article. The eity Manager Authority shall also deny any application that contains any false, misleading or incomplete information. Denial of an application for a license shall not be subject to administrative review but only to review by a court of competent jurisdiction. See. 15-454. Location Criteria; (a) No medical mar vana dispensary shall , at the time it is established and first ficenst the eity, be located within one thorsand ( f , 000) feet of another dispensary.- (b) No medical mar varta dispensary shall be allowed UCCOHance with the following location reqUI* 1 �111�IIL3 . ( 1 ) No medical mar ttana dispensary shall , at the fitne it is established a!Id first ficens-e the efty, be located . a, within one thonsmid > , center,secondary, vocational or trade school; b . within five hundred (500) f�et of� -2 . any child care 3 . any place of worship or religious , - 9 - park,4 , any public or private > > correctionaf fkifity, or substance abli rehabilitation or treatment center, 011* 6 . the boundary of any - - - - - - - - - - - - - - - - - , . of this ehapLer. (c) The distances described above shall be computed by direct ineasurement in a straight fine above to the nearest portion of the building or unit in which the inedical mar tiana dispensary err cuffivation fkifity is located . Sec. 15-45574. Persons prohibited as licensees . (a) No license shall be issued to, held by, or renewed by any of the following : identification card or its fanctional equivalent under Section f 4(3 )(d) of AmendMent -20 and, in the case of a pri fer, his or tier patictit' s written dcsignation of the applicant as the Patient's FT 111131 Y CCLI egiver, as StIbmitted to the eolorado Department of (21 ) any natural person who has been released within the ten ( 10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence, resulting from a conviction of any felony or any crime which under the laws of the State would be a felony; or any crime of which fraud or intent to defraud was an element, whether in the State or elsewhere ; (S2) any entity whose directors, shareholders, partners or other persons having a financial interest in said entity have been convicted of any of the offenses set forth in Paragraph (2 1 ) above ; (53 ) any person applicant who has made a false, misleading or fraudulent statement, or who has omitted pertinent information, on his or her application for a license; (6) any person who has not paid all applicable fees ; - 10- (74) any perso applicant whose license for a medical marijuana business in miother city, this state or any other state has been revoked; (8) any peace officer as defined in Section f 6-2 . 5 - f , . , or family member of a rence officer; or (95 ) any applicant who already holds time-(-3-)two (2) medical marijuana busincss center licenses in the City. (6) any applicant for an optional premises cultivation operation license unless the applicant is simultaneously applying for, or currently holds, a license for a medical marijuana center or a medical marijuana-infused products manufacturing facility in the City; (7) any applicant for a medical marijuana-infused products manufacturer license unless the applicant is also applying for, or currently holds, a license for a medical marijuana center in the City. Sec. 15-475. Location criteria. (a) No medical marijuana center shall be issued a license if, at the time of application for such license, the proposed location is : ( 1 ) within one thousand ( 1 ,000) feet of another medical marijuana center. (2) within one thousand ( 1 ,000) feet of any private or public preschool, elementary, secondary, vocational or trade school; (3 ) within five hundred (500) feet of: a. any college or university, b . any child care center, C . any place of worship or religious assembly, d. any public or private park, pool, playground or recreational facility, e. any juvenile or adult halfway house, correctional facility, or substance abuse rehabilitation or treatment center, or £ the boundary of any R-U-L, U-E, R-F, R-L, L-M-N, M-M-N, N-C-L, N-C- M, N-C-B or H-M-N residential zone district; (4) located upon any City property; or (5) in a residential unit, except as permitted under Section 3 . 8 . 3 of the Land Use Code. - 11 - (b) The location criteria contained in subsection (a) of this Section shall apply to all proposed changes in the location of an existing license . (c) The distances described in subsection (a) above shall be computed by direct measurement in a straight line from the nearest property line of the land used for the purposes stated in Subsections (a)( 1 ) , (a)(2) and (a)(3 ) above to the nearest portion of the building or unit in which the medical marijuana center is located. Sec. f - . (a) A ficensc shall bc issued for ca%.h dispcnsary or cultivation fficifity that is inclvdcd in at application for a inedical mar uana business ficense . Such ficenses may be independently issue the physical address for which the 1 cense is issuedl and the type of facility or business for whic it is issncd . The ficcnsc shall be dispfa-yed at the physical address indicatcd on thc > if at7-, pursttant to Subsection f5 -458 (c) below . (b) Except as may otherwise be required by law, each license issued pursttant to thiS Arficl�t shall be valid for onc ( 1 ) year from the date of issnance and may be rencvved only as provided in this Article . All renewals of a ficense shall be for no more than one ( f ) year. An appliCation fOr the renewal of an cxisfing ficense shaff be madc to ttic eity Manager not more than sixty (660) days and not less than thirty (30) days prior to the date of expiration of the license . No application for renewal shall bc accepted by ttic eity man.... or after such date , The timely fifing of a rencwmaf application shall extend the current license until a decision is made on the renewal . Sec. 15-45776. Annual licei Inspection fee. (a) Upon issuance of a license , and upon renewal thereafter, the licensee shall pay to the City a fee in an amount determined by the City Manager to be sufficient to cover the annual cost of inspections conducted pursuant to § 15 -4-7-5487 of this Article by Police Services, or such other departments of the City as may be designated by the City Manager, for the purpose of determining compliance with the provisions of this Article and any other applicable state or local laws or regulations . (b) The inspection fee required under Subsection (a) of this Section shall be due and payable prior to or upon issuance of each license and upon the renewal of any such license, and shall not be refundable. Sec. f 5-458. Use and display of license. (a) A ficense shall not be transferable to another person. F" I "Cd in the application for sttch license . Any change in location shall require the filing of an application for, and issuance of, a new - 12- dispensary and at the cultivation faciltitr (d) Any person delivering inedical mar tiana in the eity on behalf of a medical ma btisiness shaff havc in his or her posscssion a huc and accurate copy of the fimnse field by said business and shall, upon request by any member of Police Services or by any other duly Mthorize Sec. f5-459. Management of licensed preMisese employ a separate and distinct manager on the premises and report the name of such manager to fli eity Niatiagcr. Hcensces that arc entifics shall employ a manager Ott thC pICITITSCS alid mport the name of the manager to ttie eity Manager. Aff managers must be natural persons who are pati a criminal history as described in Paragraph f5 -455 (a)(2) above . f5-460. Change in inanager , change in financial interest, (a) Each licensee shall report any change in managers to ttie eity Ntanager within thirty (30) days after the changc . Slach report shatt inctude af! information rcqnired for managers mider § 15 = 453 of this Article . (b) Each licensee shall report in writing to ttie eity Manager any transfer or change o license . Such report tymst be filed with the eity Manager within thirty (30) days after any sti transfer or change . A rcport shalt be rcqttired for any transfer of the capitaf stock of a pttbfic corporation totaling more than ten ( 10) pereent of the stock in any one ( f ) year, as well as an transfer of a controtting interest in the corporation wmhcncvcr a Mfficient tmHocr of shares have beci transferred to eff-ectuate the transfer of a controlling interest. No person having x � -a having a criminal history as described in Paragraph 15 -455 (a)(2) of thiS Article . See. f5-46t . Hours of operation; Ntedicalmar ttana dispensaries maybe open for business only between the hours of 8 . 00 a.m. and SoOO p . m. Sec. 15-46-277. Signage and advertising. All signage and advertising for a medical marijuana dispensar center shall comply with all applicable provisions of this Code and the Land Use Code . In addition, no signage or advertising shall use the word "marijuana" or " cannabis " or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word " medical" in type and font that is at least as readily discernible as all other words, phrases or symbols . Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers . - 13 - Sec. 15-478. Warning signs. There shall be posted in a conspicuous location in each medical marijuana center a legible sign containing warnings that: ( 1 ) the possession, use or distribution of marijuana is a violation of federal law; (2) the possession, use or distribution of marijuana for nonmedical purposes is a violation of state law; (3 ) it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of, or impaired by, marijuana; and (4) no one under the age of eighteen ( 18) years is permitted on the premises except minor patients accompanied by a parent or legal guardian in possession of a state registry card for such minor patient. Sec. 15-46379. Security requirements. (a) Except as may be authorized by the eity Manager, s Security measures at all dispensaries mid cultivation f�cifitic-s licensed premises shall comply with the requirements of the Colorado Medical Marijuana Code and all applicable rules and regulations promulgated thereunder, and shall include at a minimum the following : ( 1 ) security surveillance cameras installed and properly maintained to monitor all entrances, along with the interior and exterior of the premises, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises; (2) robbery and burglary alarm systems which are professionally monitored and maintained in good working condition; (3 ) a locking safe permanently affixed to the premises that is suitable for storage of all medical marijuana and cash stored overnight on the licensed premises; (4) exterior lighting that illuminates the exterior walls of the licensed premises and complies with applicable provisions of this Code and the Land Use Code; and (5 ) locking systems for exterior doors that are designed and installed in such fashion as to deter unlawful entry and provide safe emergency egress . (b) Aff sec-urity recordings shall be preserved for at least seventy-two (7-2) homs by the licensee and be made available to Police Services upon request for inspew. LiUll. Sec. 15-480. Report of disturbances and unlawful activity. (a) All licensees and any agent, manager or employee thereof, shall immediately report to Police Services any disorderly act, conduct or disturbance and any unlawful activity committed in - 14- or on the licensed premises, including, but not limited to, any unlawful resale of medical marijuana, and shall also immediately report any such activity in the immediate vicinity of the business . (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises , a sign with a minimum height of fourteen ( 14) inches and a minimum width of eleven ( 11 ) inches with each letter to be a minimum of one-half ( 1 /2) inch in height, which shall read as follows : "WARNING : Fort Collins Police Services must be notified of all disorderly acts, conduct or disturbances and all unlawful activities which occur on or within the premises of this licensed establishment. " (c) It shall not be a defense to a prosecution of a licensee under this Section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent, servant or employee of the licensee shall be personally responsible for failing to report any disorderly act, conduct or disturbance and any unlawful activity hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed. (d) Failure to comply with the requirements of this Section shall be considered by the Authority in any action relating to the issuance, revocation, suspension or nonrenewal of a license . Sec. f5-464. Required notices; ining warnings that . ( f ) the p e or distribution of mar tiana is a violation of federal law; (2) the p e or distribution of mar ttana for nonmedical purposes is a-riolatioln of (3 ) it is iffcgal mider statc law to drive a motor vefficfe or to operate machincry When tindcr the influence of, or impaired > mar natia; an (4) no one under the age of eighteen ( f 8) years is pennitted on the pr%MMMS CXC = `Ft M'noll for such mi Sec. 15-46581 . Cultivation, growing, mid processing and sale of plants by licensees. (a) > me No marij dical mar uana dispensary shall be limited to uana plant, clone or seedling kept or sold at a medical marijuana center shall exceed eight (8) inches in height as measured from the top of the growing medium to the tip of the cutting. - 15 - (b) , The cultivation, growing, processing, display or storage of marijuana plants by an optional premises cultivation operation licensee shall be conducted only at the cultivation fkifit licensed premises shown on the ficensce's mart. (c) Access to any cultivation facility that is located in the same building as a dispensary shall be sccurcd so as to render the cultivation fficility inaccessible to patictits during aff hours Of )f the dispensary . Aff stich cultivation facilities simil be independently Ventilated so as to prevctit odors, debris and dust from entering thc dispensary: (d) To th% extent pertnitted by law, ttic eity shaff keep confidcntial thc location of all cultivation fficififies . Sec. f5-466. Sale of edible prodnets. (a) Medical mar ttana dispensaries may not be co-located with facilities ttsed to prepare, produce or assemble food, wficther for nicdical or notimcdical pnrpos an agency of the eolorado Department of Public f f ealth and Environment or, if no stich inspecto Sec. 15-46-782 . Labeling. All medical marijuana sold or otherwise distributed by the licensee shall be packagcd and labeled in a manner that advises the purchaser that the marijuana is intended for use solely by the patient to whom it is sold and that any resale or redistribution of the marijuana to any person other than a patient or primary caregiver is a criminal violation. See. f5-468. Ott-site consumption of medical inar nana. The Consumption, ingestion or inhalation of medical mar nana on or within the premises of nicdicaf mar nana dispknsary or cultivation fficility is prohibited . Thesc restrictions shall not appf to medicinal products such as finctures . Sec. 15-46983 . Prohibited acts. (a) It shall be unlawful for any licensee to- permit the consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises . (b) It shall be unlawful for any licensee holding a medical marijuana center license, or for any agent, manager or employee thereof, to : one (2f ) years of age or who has a criminal history as described in Paragraph 15 -455 ( 1 ) employ any person to manage a medical mar natia dispensary or cultivation facifity-or - 16- (2 ) sell , give , dispense or otherwise distribute medical maIIJUalla " Iiyone other than "n another jurisdietion in the State ; ( 1 ) sell, give, dispense or otherwise distribute medical marijuana or medical marijuana paraphernalia from any outdoor location; (S2) sell, give, dispense or otherwise distribute to any patient or primary caregiver who is not a licensee more than two (2) ounces of any usable form of medical marijuana (excluding medical marijuana-infused products) within any seven-day period of time; (43 ) sell, give, dispense or otherwise distribute to another licensee, or to any nied mar nana business that is licensed in another jurisdiction in the ,licensed center more than four (4)eight (8) ounces of medical marijuana in any usable form within any seven-day period of time ; provided, however, that this limitation shall not apply tO medical mar nana that is distributed to a medical mar natia business Owned by fli licensee ; (5) purchase or otherwise obtain medical mar nana from any source thaf is not properly atrthorized under state mid local law to sell or dispense medical mar nmizr, (64) purchase or otherwise obtain from any or from miy medical mar nana business that is licensed in another jurisdiction in the licensed center more than four-(4)eight (8) ounces of medical marijuana in any usable form within any seven-day period of time, provided, however, thaf this limitation shall not apply to medical mar nana that is obtained from a medical mar nana business owned by the ficensce ; . (-75 ) permit on the licensed premises any person other than: a, the licensee, the licensee's manager, employees and financial interest holders, b , a patient in possession of a registry identification card or its functional equivalent under Article XVIII, Section 14(3 )(d) of Amendment of the Colorado Constitution, c , a minor patient accompanied by a parent or lawful guardian in possession of the minor patient's registry identification card, d. a minor accompanied by a parent or legal guardian who is a patient, e . a primary caregiver in possession of his or her patient's registry identification card or its functional equivalent under Article XVIII, Section 14(3)(d) of Arnendme 29 of the Colorado Constitution and the patient's written designation of said person as the patient's primary caregiver, as submitted to the Colorado Department of Public Health and Environment, - 17- f. a person whose physical presence and assistance are necessary to assist a patient, or g. a person who is actively engaged in the maintenance, repair or improvement of the licensed premises or in the provision of accounting or other professional services directly related to the conduct of the licensee's medical marijuana business-, -or. h. law enforcement officers , inspectors and other officials or employees of any federal , state ot local govemment or agency engaged in the lawffil perfonnance 0 (c) It shall be unlawful for any optional premises cultivation operation to : (9) permit the sale or of alcohol beverages on the ficensed premises; o (+61 ) post or allow to be posted signs or other advertising materials identifying dart €aeifi ics the premises as being associated with the use or or use of medical marijuana... ; (2) operate in the City, unless it operates as an optional premise to a medical marijuana center or a medical marijuana-infused products manufacturer located in the City that is under the same ownership as the optional premises cultivation operation; or (3 ) sell, give, dispense or otherwise distribute medical marijuana except to a medical marijuana center or medical marijuana-infused products manufacturer located in the City that is under the same ownership as the optional premises cultivation operation. (d) It shall be unlawful for any medical marijuana-infused products manufacturer to : ( 1 ) post or allow to be posted signs or other advertising materials identifying the premises as being associated with the production or use of medical marijuana; (2) operate in the City unless it also holds a medical marijuana center license in the City; or (3 ) sell, give, dispense, or otherwise distribute any of the products it manufactures except to a medical marijuana center located in the City that is under the same ownership as the medical marijuana infused-product manufacturer. Sec. 1547084. Visibility of activities ; control of emissions. (a) All activities of medical marijuana dispensaries and cultivation facififiesbusinesses, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted indoors . - 18 - (b) No medical marijuana or paraphernalia shall be displayed or kept in a dispensary or cultivation facili business so as to be visible from outside the licensed premises. (c) Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a medical marijuana business must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a medical marijuana dispcnsary or cultivation fit business , the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations . The disposal ofmcdicaltnar umia, byproducts and paraplicrtialia shall be done in accotdance with plans and procedures approved in a&vance by the eity Manag or cultivation fficifity, shall be made only to patients and Prima, y cat egi v e, s and only in the aniounts specified in Paragraph f 5 -469 (3 ) above . All stich deliveries shall be subject to the recoidkeeping its contained in § 15 -474 below . Sec. 15-4-7385. Sales tax. Each medical marijuana business licensee shall collect and remit City sales and use tax on all medical marijuana, paraphernalia and other tangible personal property used or sold by the licensee at the medical mar nana dispens licensed premises . Sec. 15-4-7486. Required books and records. (a) In addition to any requirements under the Colorado Medical Marijuana Code, and any rules or regulations promulated thereunder requiring licensees to maintain books and records, Eevery medical marijuana center licensee shallmaintain an accurate and complete record of all medical marijuana purchased, sold or dispensed by the mcdical mar natia busin center in any usable form. Such record shall include the following : ( 1 ) the identity of the seller and purchaser involved in each transaction; (2) the total quantity of, and amount paid for, the medical marijuana; and (3 ) the date, time and location of each transaction. (b) Every patient or primary caregiver shall provide to the licensee, and the licensee shall record, the following information for such books and records : - 19- ( 1 ) the patient or primary caregiver's name, date of birth, and current street address, including city, state and zip code ; (2) the form of identification that was presented by the patient or primary caregiver, which may include any of the following, and the identifying number, if any, from such form: a. an identification card issued in accordance with Section 42-2-302 , C .R. S . , b . a valid state driver's license, C . a valid driver's license containing a picture issued by another state, d. a military identification card, e . a valid passport, or f. an alien registration card; (3 ) a registry identification card or its functional equivalent under Section 14(3 )(d) of Amendinen Article XVIII, Section 14 of the Colorado Constitution and, in the case of a primary caregiver, the date the primary caregiver was designated by the patient for whom the medical marijuana was purchased. (c) Information provided to the licensee by a patient or primary caregiver under the provisions of this Section need not include any information regarding the patient's physician or medical condition. (d) All transactions shall be kept in a numerical register in the order in which they occur. (e) All records required to be kept under this Article must be kept in the English language in a legible manner and must be preserved and made available for inspection for a period of three (3 ) years after the date of the transaction. Information inspected by Police Services or other City departments pursuant to this Article shall be used for regulatory and law enforcement purposes only and shall not be a matter of public record. Sec. 15-4T587. Inspection of licensed premises. (a) During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by Police Services and all other City departments designated by the City Manager for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state and local laws or regulations . Said inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon request. (b) ff a medical mar nana defivery business does not maintain a dispertsary ot cultivatiot facility within the territorial limits of +e eity, ttie ficensee for such business shall, ttl3UI 1t. % A., 1VL U1 notification fiom ttic eity, make available for inspection by tiic eity alf books and tccotds of thc medical niar tiana business as , equired in said notice . For the purpose of this provision, notice o rr,qticst fol 1113pec Lim, shall br, dernned t cceived ten ( f 0) days fi om the date of mailing of the notice to the ficensee' s address as shown on the ficense .- -20- Sec. 1547688. Nonrenewal, suspension or revocation of license. (a) The eity Nimiager Authority may, after notice and hearing, suspend, revoke or refuse to renew a license for good cause any of the following reasons : adopt mics mid proced-ures governing the conduct of such licarings . Hcensces i cqrcsting a licai shall, at the time of filing the request, pay the eity a f�e in the amount of fifty dollars ( S50 . ' tn defray the cost of the h ( 1 ) the applicant or licensee, or his or her agent, manager or employee, have violated, do not meet, or have failed to comply with, any of the terms, requirements, conditions or provisions of this Article or with any applicable state or local law or regulation; (2) the applicant or licensee, or his or her agent, manager or employee, have failed to comply with any special terms or conditions of its license pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the license; or (3 ) the medical marijuana business has been operated in a manner that adversely affects the public health, safety or welfare . (b) Evidence to support a finding under Subsection (a) of this Section may include, without limitation, a continuing pattern of disorderly conduct, a continuing pattern of drug-related criminal conduct within the premises of the medical marijuana business or in the immediate area surrounding such business, a continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana business, or an ongoing nuisance condition emanating from or caused by the medical marijuana business . Sec. 15-4T789. Violations and penalties. In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Article, any person, including, but not limited to, any licensee, manager or employee of a medical marijuana business, or any customer of such business, who violates any of the provisions of this Article, shall be guilty of a misdemeanor punishable in accordance with § 1 - 15 of this Code . Sec. 15-47890. No City liability; indemnification. (a) By accepting a license issued pursuant to this Article, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of dispens-arybusiness owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations . (b) By accepting a license issued pursuant to this Article, all licensees, jointly and severally if more than one ( 1 ), agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims -21 - and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical marijuana business that is the subject of the license . Sec. 15-4-7991 . Other laws remain applicable. (a) To the extent the State has adopted adopts in the future any additional or stricter law or regulation governing the sale or distribution of medical marijuana, the additional or stricter regulation shall control the establishment or operation of any medical marijuana business in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Article, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder. (b) Any licensee may be required to demonstrate, upon demand by the City Manager or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation. (c) If the State prohibits the sale or other distribution of marijuana through medical marijuana dispensaries, any license issued hereunder shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee. (d) The issuance of any license pursuant to this Article shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have under state or federal law for the cultivation, possession, sale, distribution or use of marijuana. Sec. 15-48092 . Severability. If any section, sentence, clause, phrase, word or other provision of this Article is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Article or the validity of this Article as an entirety, it being the legislative intent that this Article shall stand, notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision. Sec. 15-48f93 . Administrative regulations. The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article . Secs. 15-494-15-499. Reserved. -22- ARTICLE XVII. MEDICAL MARIJUANA PATIENTS AND PRIMARY CAREGIVERS Sec. 15-500. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Patient shall mean a person who has a debilitating medical condition as defined in Article XVIII, Section 14 of the Colorado Constitution. Primary caregiver shall mean a person, other than the patient and the patient's physician, who is eighteen ( 18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Sec. 15-501 . Limitations. Primary caregivers who cultivate, possess or dispense medical marijuana for use by patients, and patients who cultivate or possess medical marijuana for their own medical use, shall be subject to the following limitations : ( 1 ) All cultivation of medical marijuana shall be conducted entirely within a building or other fully enclosed structure. (2) No medical marijuana may be cultivated within any duplex or multi-family dwelling, or within any structure that is located on the same legal parcel as a duplex or multi-family dwelling. (3 ) Not more than twelve ( 12) marijuana plants, including no more than six (6) mature plants, may be cultivated or kept within, or on the same legal parcel as, any single- family dwelling. (4) In no event shall a patient or primary caregiver keep, cultivate, grow or process more medical marijuana than such person is entitled to possess under Article XVIII, Section 14 of the Colorado Constitution. Introduced, considered favorably on first reading, and ordered published this 22nd day of March, A.D . 2011 , and to be presented for final passage on the 15th day of March, A.D . 2011 , Mayor ATTEST : City Clerk -23 - Passed and adopted on final reading on the 15th day of March, A. D . 2011 . Mayor ATTEST : City Clerk -24- ORDINANCE NO , 020 , 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY ' S LAND USE CODE BY ADDING MEDICAL MARIJUANA-INFUSED PRODUCT FACILITIES AS PERMITTED USES IN VARIOUS ZONE DISTRICTS , AND RENAMING DISPENSARIES AND CULTIVATION FACILITIES WHEREAS, the City Council, by Ordinance No . 026, 2010 and Ordinance No . 045 , 2010, amended the Land Use Code to accommodate the establishment of medical marijuana uses in the City; and WHEREAS , subsequent to the adoption of these ordinances, the state law that regulates medical marijuana businesses (the "Medical Marijuana Code") has been amended to provide definitions and names for various medical marijuana related establishments that are slightly different than those used in the Land Use Code ; and WHEREAS , the Medical Marijuana Code also allows for, and regulates, medical marijuana-infused product manufacturers, which the City Code does not; and WHEREAS , City staff has recommended certain amendments to the City Code to accommodate medical marijuana-infused product manufacturers and the City Council has approved such amendments ; and WHEREAS , the purpose of this Ordinance is to bring the relevant provisions of the Land Use Code into conformity with the Medical Marijuana Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows : Section 1 . That Section 4 . 16(B)(2)C of the Land Use Code is hereby amended to read as follows : Land Use Old City Center Canyon Avenue Civic Center C. COMMERCIAL/RETAIL (Cont'd) Medical marijuana dispensar escenter BDR BDR BDR Section 2 . That Section 4 . 17(B)( 1 )(f) of the Land Use Code is hereby amended to read as follows : (f) Commercial/Retail Uses . 1 . Medical marijuana dispensa center. 1 Section 3 . That Section 4 . 17(B)( 1 )(g) of the Land Use Code is hereby amended to read as follows : (g) Industrial Uses : 1 . Medical marijuana optional premises cultivation €aeilit-yoperation. 2 . Medical marijuana-infused product manufacturer. Section 4 . That Section 4 . 18 (B)( 1 )(f) of the Land Use Code is hereby amended to read as follows : (f) Commercial/Retail Uses : 1 . Medical marijuana dispefisaf� center, Section 5 . That Section 4 . 19(B)( 1 )(f) of the Land Use Code is hereby amended to read as follows : (f) Commercial/Retail Uses : 1 . Medical marijuana dispensa center. Section 6 . That Section 4. 19(B)( 1 )(g) of the Land Use Code is hereby amended to read as follows : (g) Industrial Uses : 1 . Medical marijuana optional premises cultivation €aeifiyoperation. 2 . Medical marijuana-infused product manufacturer. Section 7 . That Section 4 .20(B)( 1 )(f) of the Land Use Code is hereby amended to read as follow : (f) Commercial/Retail Uses : 1 . Medical marijuana center. Section 8 . That Section 4 .21 (B)( 1 )(f) of the Land Use Code is hereby amended to read as follows : (f) Commercial/Retail Uses : 1 . Medical marijuana dispensa center. 2 Section 9 . That Section 4 .22(B)( 1 )(f) of the Land Use Code is hereby amended to read as follows : (f) Commercial/Retail Uses . 1 . Medical marijuana dispensa center. Section 10 . That Section 4 .22(B)( 1 )(g) of the Land Use Code is hereby amended to read as follows : (g) Industrial Uses : 1 . Medical marijuana optional premises cultivation €aeiliyoperation. 2 . Medical marijuana-infused product manufacturer. Section 11 . That Section 4 .24(B)(2)D of the Land Use Code is hereby amended to read as follows : D. INDUSTRIAL Riverside Area All Other Areas Medical marijuana optional premises cultivation €a�operation Not Permitted BDR Medical marijuana-infused product manufacturer Not Permitted BDR Section 12 . That Section 4 .28(B)( 1 )(f) of the Land Use Code is hereby amended to read as follows : (f) Industrial Uses : 1 . Medical marijuana optional premises cultivation faeili operation. 2 . Medical marijuana-infused product manufacturer. Section 13 . That that following definitions contained in Section 5 . 1 .2 of the Land Use Code are hereby amended to read as follows : Medical mar�uana center shall mean a person licensed pursuant to Title 12 , Article 43 . 3 of the Colorado Revised Statutes to operate a business as directed in Section 12-43 -402 C .R. S . that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the state constitution, but is not a primary caregiver. ispe, ary of dispensary i pensa y shall mean pr-epei4y or- stfuetur-e used to sell, > transmit, gi3 Ve, Elispease or- other-Wise authofity E9rrrai1ca rrAmendment c t6 theConstitution and the. Medical mary*uana optional premises cultivation operation shall mean a person licensed pursuant to Title 12 , Article 43 . 3 of the Colorado Revised Statutes to operate a business as described in Section 12-43 . 3 -404, C . R. S . eHkivdfien premisesfaedity or eulth7afionfaedity shall mean a building, struetue or- premises used fo the etiltivation or- storage of medieal maf ua-na that is physieally separate and off site fFotn any medieal mar- uana dio��" On � T n" d that is designated as part of the �*7 , Aftiele XVI of the City Code . Section 14 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the addition of a new definition "Medical marijuana-infused products manufacturer" which reads in its entirety as follows : Medical mar�uana-infused products manufacturer shall mean a person licensed pursuant to Title 12 Article 43 . 3 of the Colorado Revised Statutes to operate a business as described in Section 12-43 . 3 -403 C .R. S . Introduced, considered favorably on first reading, and ordered published this 22nd day of February, A.D . 2011 , and to be presented for final passage on the 15th day of March, A.D . 2011 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 15th day of March, A.D . 2011 , Mayor ATTEST : City Clerk 4