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HomeMy WebLinkAbout020 - 03/15/2011 - AMENDING THE CITY'S LAND USE CODE BY ADDING MEDICAL MARIJUANA-INFUSED PRODUCT FACILITIES AS PERMITTE 1 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. COMMERCIAURETAIL(Coned) Medical marijuana center 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 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 operation. 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 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 center. Section 6. That Section 4.19(B)(I)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operation. 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) CommerciaURetail 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 center. Section 9. That Section 4.22(B)(1)(f) of the Land Use Code is hereby amended to read as follows: 2 (f) Commercial/Retail Uses: 1. Medical marijuana 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 operation. 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 operation Not Permitted BDR Medical marijuana-infused product manufacturer Not Permitted BDR Section 12. That Section 4.28(B)(1)(0 of the Land Use Code is hereby amended to read as follows: (f) Industrial Uses: 1. Medical marijuana optional premises cultivation 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 marijuana 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. Medical marijuana 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. 3 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 marijuana-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. 1 Ma or ATTEST: City Clerk Passed and adopted on final,reading on the 15th day of A.D. 2011. May - ATTEST: ,-. City Clerk 4