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HomeMy WebLinkAbout143 - 01/15/2013 - AMENDING THE LAND USE CODE IN ACCORDANCE WITH A VOTER APPROVED, CITIZEN-INITIATED ORDINANCE GOVERNIN ORDINANCE NO. 143, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE IN ACCORDANCE WITH A VOTER APPROVED, CITIZEN-INITIATED ORDINANCE GOVERNING THE LICENSING, NUMBER, LOCATION AND OPERATION OF MEDICAL MARIJUANA BUSINESSES WHEREAS, on November 1, 2011, the voters of the City approved a citizen-initiated ordinance that required all medical marijuana businesses to cease operations in the City on or before February 14, 2012; and WHEREAS, prior to this citizen-initiated ordinance, the Land Use Code had defined three types of medical marijuana businesses in Article 5 and had listed them as permitted uses in a number of zone districts in Article 4; and WHEREAS, additional references and regulations pertaining to medical marijuana businesses were contained in Articles 1 and 3 of the Land Use Code; and WHEREAS, because these uses were, as of February 14, 2012, prohibited in the City, staff, with the concurrence of the Planning and Zoning Board, prepared an ordinance for the purpose of deleting from the Land Use Code all of these references to medical marijuana businesses; and WHEREAS, on February 21, 2012, the City Council adopted said ordinance; and WHEREAS, on November 6, 2012, the voters of the City approved another citizen- initiated ordinance reinstating medical marijuana businesses in the City, with the new ordinance to take effect upon certification of the election results, no later than November 26, 2012; and WHEREAS, there are currently no references to medical marijuana businesses in the Land Use Code; and WHEREAS, in light of the most recent voter approved, citizen-initiated ordinance reinstating medical marijuana businesses, staff recommends reinstating the foregoing references to medical marijuana businesses in the Land Use Code; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Land Use Code be amended to add all previously deleted references to medical marijuana businesses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1.3.4(A) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 1 1.3.4 Addition of Permitted Uses (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility. Section 2. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as follows: 3.8.3 Home Occupations A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met: (h) medical marijuana businesses ("MMBs"), as defined in Section 15-451 of the City Code. Section 3. That the table contained in 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 Medical marijuana centers BDR BDR BDR Section 4. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (f) Commercial/Retail Uses: 1. Medical marijuana centers. (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 2 Section 5. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (f) Commercial/Retail Uses: 1. Medical marijuana centers. Section 6. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (f) Commercial/Retail Uses: l. Medical marijuana centers. (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. Section 7. That Section 4.20(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (f) Commercial/Retail Uses: 1. Medical marijuana centers. Section 8. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. C.COMMERCIAL/RETAIL 3 Medical marijuana centers Not permitted t3DR Section 9.. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (f) Commercial/Retail Uses: 1. Medical marijuana centers. (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. Section 10. That Section 4.24(B)D of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. D. INDUSTRIAL Riverside Area All Other Areas Medical marijuana optional premises cultivation operations Not permitted 13DR Medical marijuana-infused product manufacturers Not permitted 13DR Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. (f) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 4 Section 12. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of the definitions "Medical marijuana center", "Medical marijuana-infused products manufacturer" and "Medical marijuana optional premises cultivation operation" which read in their entirety as follows: Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., 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-infused products manufacturer shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3- 403, C.R.S. Medical marijuana optional premises cultivation operation shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-404, C.R.S. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. ..... FO NT y :r N%or ATTEST: City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. G\� t 0 F FORT 9 per/( ei o M yor ATTEST: :r- City Clerk ADO•• 5