HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/07/2014 - SECOND READING OF ORDINANCE NO. 125, 2014, AMENDINAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY October 7, 2014
City Council
STAFF
Laurie Kadrich, Community Development & Neighborhood Services Dir
SUBJECT
Second Reading of Ordinance No. 125, 2014, Amending Section 1.3.4 of the Land Use Code to Conform the
Text to Previously Adopted Revisions.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2014, expands prohibited uses in
Section 1.3.4 of the Land Use Code to include the full scope of retail and medical marijuana uses that was
defined in Ordinance No. 042 that were not included in Ordinance No. 086, 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 16, 2014 (w/o attachments) (PDF)
2. Ordinance No. 125, 2014 (PDF)
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY September 16, 2014
City Council
STAFF
Laurie Kadrich, Community Development & Neighborhood Services Dir
SUBJECT
First Reading of Ordinance No. 125, 2014, Amending Section 1.3.4 of the Land Use Code to Conform the
Text to Previously Adopted Revisions.
EXECUTIVE SUMMARY
The purpose of this item is to expand prohibited uses in Section 1.3.4 of the Land Use Code to include the full
scope of retail and medical marijuana uses that was defined in Ordinance No. 042 that were not included in
Ordinance No. 086.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On March 4, 2014, the City Council passed on First Reading Ordinance No. 042, 2014, making amendments
to the Land Use Code pertaining to retail marijuana establishments. On June 3, 2014, the City Council passed
on First Reading its usual and customary annual changes to the Land Use Code under Ordinance No. 086,
2014. The Land Use Code team, which worked on Ordinance No. 086, 2014, utilized the existing codified
Land Use Code as its basis for changes and did not include both retail and medical marijuana as prohibited
uses. Therefore, the changes to Section 1.3.4(C) contained previously utilized language that is contained in
the Land Use Code book but did not reflect the changes which were made in March by Ordinance No. 042,
2014. Also, a clause was left out of Section 1.3.4(F) in error and should be included in the Land Use Code.
This Ordinance will bring the Land Use Code back into conformity with the Council’s intention in the passage of
Ordinance No. 042, 2014.
ATTACHMENT 1
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ORDINANCE NO. 125, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1.3.4 OF THE LAND USE CODE
TO CONFORM THE TEXT TO PREVIOUSLY ADOPTED REVISIONS
WHEREAS, on March 4, 2014, the City Council considered, on first reading, Ordinance
No. 042, 2014, making amendments to the Land Use Code in order to accommodate retail
marijuana establishments in the City; and
WHEREAS, on June 3, 2014, the City Council passed on first reading, Ordinance No.
086, 2014, making various amendments to the Land Use Code; and
WHEREAS, the amendments pertaining to marijuana establishments had not yet been
published as a part of the Land Use Code book at the time the Land Use Code team was working
on Ordinance No. 086, 2014, with the result that certain changes made by Ordinance No. 042,
2014, were not included in the “existing text” as shown in Ordinance No. 086, 2014; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the discrepancy in the provisions contained in Section 1.3.4 of the Land Use Code should be
amended to reflect the changes made by Ordinance No. 042, 2014, that, in addition, a
typographical error should also be corrected in Section 1.3.4; and
WHEREAS, because the amendments made by Ordinance No. 042, 2014, as well as
Ordinance No. 086, 2014, have been supported by extensive public process and the favorable
recommendation of the Planning and Zoning Board, no further outreach is necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1.3.4(A)(6) of the Land Use Code is hereby amended to read
as follows:
1.3.4 Addition of Permitted Uses
(A) Required Findings. In conjunction with an application for approval of an overall
development plan, a project development plan, a final plan or any amendment of
the foregoing, and upon the petition of the applicant or on the Director's own
initiative, the Director (or the Planning and Zoning Board as specifically
authorized and limited in subsection (B) below) may add to the uses specified in a
particular zone district any other similar use which conforms to all of the
following conditions:
. . .
(6) Such use is not a retail marijuana store, retail marijuana cultivation
facility, retail marijuana product manufacturing facility, retail marijuana
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testing facility, medical marijuana dispensary or a medical marijuana
cultivation facility.
Section 2. That Section 1.3.4(F) of the Land Use Code is hereby amended to read as
follows:
(F) Conditions. When any use has been added to the list of permitted uses in any
zone district in accordance with this Section, the Director (or the Planning and
Zoning Board, if applicable) may impose such conditions and requirements on
such use as are necessary or desirable to accomplish the purposes and intent of
this Code, to ensure consistency with City Plan and its adopted components and
associated sub-area plans, to prevent or minimize adverse effects and impacts
upon the public and neighborhoods, and to ensure compatibility of uses.
Introduced, considered favorably on first reading, and ordered published this 16th day of
September, A.D. 2014, and to be presented for final passage on the 7th day of October, A.D.
2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 7th day of October, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk