City Council Minutes 2014 08 05 - Laserfiche WebLink

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City Council Meeting Minutes August 5, 2014 Page 6 of 22 do. They cannot do one thing for one person and another thing for someone else. This would lead to confusion and legal liability. He encouraged the City Council to look into the Communication Task Force to look into these issues. COUNCIL COMMENTS Council member Keany agreed with the Council member Loo and public comments relative to some businesses being affected by this proposal. He suggested the Economic Development Director contact the marijuana establishments and advise them this could affect their future. He stated his understanding there are not any pending applications for either marijuana establishments' expansion. He noted one of the establishments mentioned wanting to move to another location. He asked Planning and Building Safety Director Russ to address the ability to relocate. Planning and Building Safety Director Russ explained the applicant must show intent to build. A zoning entitlement does not show intent to build. Under the advice of the City Attorney, if a license for retail /medical marijuana establishment wishes to expand or relocate into Colony Square, they will be permitted to apply for the application and move forward as long as a building permit has not issued for a school to be built within one - quarter mile. City Attorney Light explained the distance requirement is measured between marijuana establishments and the land used for the preschool or any other use. The appointed time when the rule would be applied is at the issuance of the building permit and not at the time of PUD approval. When the marijuana regulations were adopted a distance requirement was applied for secondary schools in Planned Community Zoned Districts (PCZD), however it did not apply to preschools. Council member Keany asked if one of the marijuana establishments wanted to expand or relocate within the shopping center does the application provide a grandfather clause or does the granting of the license grandfather them. City Attorney Light explained marijuana establishments must have a state and local license. He felt it would be the day the application was adjudicated before the Local Licensing Authority. He was not sure marijuana licenses can be judged by the rules in effect when the application was submitted. Council member Keany felt this matter should be continued until the existing marijuana businesses could be notified. Council member Lipton addressed the existing restaurants and bars in the area and asked if they wanted to change the license ownership, expand their businesses or move would they be prohibited. City Attorney Light explained the distance rules are applied when the business is first established. It would not apply to a transfer of a license. Council member Lipton asked if another restaurant or bar wanted to open, or if an existing business wanted to expand, would they be prohibited. City Attorney Light was