Local Licensing Authority Agenda and Packet 2014 09 22

Home Browse Search

11: Cityof Om Louisville COLORADO • SINCE 1878 LOCAL LICENSING AUTHORITY MEMO AGENDA ITEM VI -A SUBJECT: DATE: PRESENTED BY: SUMMARY: CHANGE OF LOCATION — COMPASSIONATE PAIN MANAGEMENT LLC D /B /A COMPASSIONATE PAIN MANAGEMENT RETAIL /MEDICAL MARIJUANA COMBINED USE APPLICATION — 1116 -7 W. DILLON ROAD SEPTEMBER 22, 2014 CAROL HANSON, AUTHORITY SECRETARY MELINDA CULLEY, AUTHORITY ATTORNEY Compassionate Pain Management (CPM), a currently licensed Retail /Medical Marijuana Combined Use facility, is requesting Local Authority approval for a change of location. The facility wants to move operations to 1100 W. Dillon Road D -3, within the same shopping center where they currently operate. CPM's proposed new location is located within approximately 867 feet of the Goddard School site, which is located at 380 Centennial Parkway immediately north of Lowes. The Goddard School is proposed to be an approximately 8,465 ft2 preschool /daycare facility serving children ages six months to six years. On August 5, 2014, the City Council approved two land use requests — a final Plan Unit Development (PUD) plan and Special Review Use (SRU) — with respect to the Goddard School. As of September 17, the Goddard School has applied for a building permit, but the City has not yet issued the building permit and construction has not commenced. The remainder of this memorandum addresses the implication of such land use approvals on CPM's change in location application. In 2013, the City Council adopted Ordinance No. 1648, which allowed the two existing medical marijuana businesses to convert to retail marijuana stores and to relocate to premises within 1,320 feet of their existing premises "subject to compliance with all applicable regulations except for the separation requirements between medical marijuana businesses...." Section 5.11.120 of the Louisville Municipal Code (LMC) also allows relocations and requires that "any such change in location shall be in accordance with all requirements of this Chapter 5.11 (including, but not limited to, the location criteria set forth in section 5.11.080)." Based on these provisions, CPM's proposed new location does not need to comply with the separation requirements between other retail marijuana establishments, but it must comply with the separation requirement between retail marijuana establishments and schools. Section 5.11.080 of the LMC states that "[n]o retail marijuana establishment shall, at the time it is established and first licensed by the city be located within ... 1,320 feet of a public or private preschool, elementary, middle, junior high, or high school ... all as defined in section 5.11.020 of this Code.'" CPM has a received retail /medical marijuana combined use license. For simplicity's sake, we have just referenced the City's retail marijuana regulations because Section 5.10.070 (regarding medical marijuana LOCAL LICENSING AUTHORITY