City Council Agenda and Packet 2014 01 07

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City Council Meeting Minutes December 17, 2013 Page 12 of 24 Mayor Pro Tem Dalton asked if it should be a 2,000 square feet dual premises license or a 3,000 square feet license in order to provide the wall of separation. City Attorney Light explained a physical separation would be required if the business wanted to continue a medical marijuana operation. Mayor Muckle supported 2,000 square feet for retail and 3,000 for dual licenses. Council member Jasiak inquired about the size of the two establishments. Mayor Muckle stated the current medical marijuana code only allows up to 1,800 square feet. Shaun Gindi, Compassionate Pain Management, 1116 -7 W Dillon Road, Louisville, CO inquired about the purpose of a size requirement and explained it limits any expansion of his business. Planning Director Russ explained the 2,000 square feet is based on the typical retail establishments in strip shopping centers. The in -line (unanchored) average between 1,500 and 2,500 square feet and anything larger is a free standing building. A larger facility was not considered compatible with Louisville when the regulations were established. Shaun Gindi explained he currently occupies a 1,100 square foot space and would like to move into an empty 3,500 square foot space in an in -line shopping center. He asked if relocation is prohibited in the new legislation. City Attorney Light confirmed it is prohibited. Lynda Spangler, 1744 Garfield Avenue #103, Louisville, CO stated she is comparing marijuana to alcohol because that is how the laws are written. She explained alcohol and marijuana are completely different. She felt the use of marijuana is being considered a sin tax. She stated the community has marijuana patients and there is no such thing as synthetic pot. She noted since legalization, marijuana use in the youth population has gone down. She acknowledged there will be border issues until pot is legalized all across America. She addressed a paper published by Harvard University, which states marijuana is not associated with psychotic behavior. She requested the rights of the patients be protected. Mayor Muckle closed the public hearing. COUNCIL COMMENTS Council member Keany felt the ordinance is at odds with itself by saying an establishment can be a larger size, but cannot move. He felt there should be more flexibility for a dual license. Council member Lipton asked Planning Director Russ about the Planning Commission discussion relative to the size of the stores. Planning Director Russ stated medical marijuana stores were always 1,800 square feet, but when the retail marijuana conversation began, Council direction was for 5,000 square feet to match the land use 41