Planning Commission Agenda and Packet 2018 12 13

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Planning Commission Staff Report December 13, 2018 There are also federal regulatory restrictions that could be considered in determining buffer requirements. The Controlled Substance Act (CSA), 21 USC Sec. 860, makes unlawful for any person to distribute, possess with intent to distribute, or manufacture a controlled substance (including marijuana): - Within one thousand feet of: o a public or private elementary, vocational, or secondary school o a public or private college, junior college, or university, o a playground, or housing facility owned by a public housing authority, - Within 100 feet of: o a public or private youth center, o public swimming pool, or o video arcade facility The City's marijuana ordinances state that by accepting a license, the licensee releases the City from claims resulting from arrests or prosecution for a violation of federal or state law and requires licensees to indemnify, defend and hold the City harmless for claims arising out of the operation of the marijuana business. Testing and Manufacturing Under the current code, medical manufacturing is allowed certain zone districts but not retail manufacturing. Similarly, retail testing is allowed certain zone district but medical testing is not. The proposed ordinance aligns the zone districts where the medical and retail testing and manufacturing are allowed and expands these uses into the I zone district. The intent is to treat both medial and retail in the same manner. There is not a significant difference in how these are operated. A comparison table of other communities on the previous page shows that Boulder, Boulder County and Lafayette all allow testing and manufacturing for both medical and retail marijuana. Cultivation The draft ordinance allows indoor cultivation in the Industrial (I) zone district. The majority of the City's industrially zoned property is in the Colorado Tech Center (CTC), with two other I zoned properties located adjacent to Highway 42. Concerns with cultivation typically are that the use produces odors, attracts nuisances and requires higher levels of security, and may impact property values and ability to retain and recruit the types of companies that are usually seen in the CTC. Many jurisdictions that allow cultivation have specific requirements for ventilation and odor control. Most commonly, ventilation plans must be submitted with a license application and/or with a building permit. Standards may state that odors may not be emitted beyond the property line or outside of the building where the cultivation is taking place. The proposed draft ordinance requires verification of ventilation systems at the time of licensing and a standard that odors are not detectable outside the premises Marijuana Code Amendments Page 7 of 12 PC — December 13, 2018 26