HomeMy WebLinkAbout045 - 05/04/2010 - AMENDING THE CITY'S LAND USE CODE BY ADDING MEDICAL MARIJUANA CULTIVATION FACILITIES AS PERMITTED US ORDINANCE NO. 045, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY'S LAND USE CODE
BY ADDING MEDICAL MARIJUANA CULTIVATION FACILITIES
AS PERMITTED USES IN VARIOUS ZONE DISTRICTS
WHEREAS,on March 16,2010,the City Council adopted Ordinance No.025,2010,adding
a new Article XVI to Chapter 15 of the City Code, which article establishes certain regulations
governing the licensing,location and operation of medical marijuana businesses(the"Regulations");
and
WHEREAS, the Regulations require, among other things, that the cultivation activities of
medical marijuana businesses be conducted primarily at cultivation facilities that are separate from
the medical marijuana dispensaries and located in the Industrial zone districts of the City; and
WHEREAS, on March 16, 2010, the City Council also adopted Ordinance No. 026, 2010,
amending the City's Land Use Code to, among other things, add medical marijuana cultivation
facilities as a permitted use in the Industrial zone district; and
WHEREAS,industry representatives have indicated that there is a lack of available building
space for rent or purchase for medical marijuana cultivation facilities in the Industrial zone districts
of the City; and
WHEREAS, in response to these concerns, the City Council has directed City staff to
formulate recommendations as to additional zone districts where medical marijuana cultivation
facilities might be located and to also consider the possibility of allowing,in certain areas of the City,
medical marijuana dispensaries and cultivation facilities to be located on the same legal parcel and
even in the same building; and
WHEREAS,pursuant to this direction,City staff has recommended that cultivation facilities
be allowed not only in the Industrial zone district, but also in the Service Commercial (C-S) zone
district, Community Commercial -North College District(C-C-N) zone district,River Downtown
Redevelopment District (R-D-R) zone district, and the "non-Riverside" portion of the Limited
Commercial (C-L) zone district; and
WHEREAS, because medical marijuana dispensaries are,under Ordinance No. 026, 2010,
allowed in the C-S, C-C-N, and R-D-R zone districts, the proposed amendments to tfie Land Use
Code would allow for the possibility of combining a dispensary and a cultivation facility on the same
site, which would reduce the cost of establishing and operating such a business in the City; and
WHEREAS, on April 15,2010,the Planning and Zoning Board considered the advisability
of allowing cultivation sites in these additional zone districts and recommended approval of the
proposed changes to the Land Use Code; and
WHEREAS,the City Council believes that making these zone districts available for medical
marijuana cultivation sites is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 4.17(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (g) which reads in its entirety as follows:
(g) Industrial Uses:
1. Medical marijuana cultivation facility.
Section 2. That Section 4.19(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (g) which reads in its entirety as follows:
(g) Industrial Uses:
1. Medical marijuana cultivation facility.'
Section 3. That Section 4.22(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (g)which reads in its entirety as follows:
(g) Industrial Uses:
1. Medical marijuana cultivation facility.
Section 4. That the table contained in Section 4.24(B)(2)(D) of the Land Use Code is
hereby amended to read as follows:
OASW:
yINDUSTRIAL4 R�versiderlrea IlOtherAreas
'..Yr�t4 -t .WL
2..m1S:
Medical marijuana cultivation facility Not Permitted BDR
Introduced, considered favorably on first reading, and or d published this 20th day of
April, A.D. 2010, and to be presented for final passage on the h day of May, A.D. 201 .
Mayo
ATTEST:,
City Clerk
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Passed and adopted on final reading on the 4th day of A.D. 2010.
A
Mayor
ATTEST: -
City Clerk
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