Planning Commission Agenda and Packet 2011 02 10

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Planning Commission Staff Report February 10, 2011 municipalities from outright banning of medical marijuana operations to establishing detailed regulation and licensing requirements no later than July 1, 2011. Louisville City Council Direction On November 16, 2010 the Louisville City Council directed staff to establish recommendations for medical marijuana operations licensing standards and location requirements beyond those set forth in HB 10 -1284 including provisions concerning such things as additional or different distance restrictions, restrictions on the size of operation, minimum security measures, hours of operation, restrictions or requirements pertaining to deliveries, restrictions on signage, standards that facility owners and employees must satisfy, or other measures. Staff Action City staff has studied model municipal ordinances from throughout the Front Range and has prepared two ordinances amending Titles 5 and 17 of the LMC regulating medical marijuana businesses. The overall purpose of the regulations imposed by the ordinances is to establishing zoning, licensing and operating requirements for medical marijuana businesses without impacting the protections afforded to patients and primary caregivers by Amendment 20 and to also protect the public health, safety, and welfare of the community. The uniqueness and newness of this industry sets it apart from other licensed business models, therefore these regulations focus on serving the community as a whole, and not only protecting particular business models. Amendments to Title 17 define medical marijuana operations consistent with HB 10 -1284 and specify the permitted and non - permitted uses associated with medical marijuana businesses. Amendments to Title 5 establish: a comprehensive licensing ordinance for all medical marijuana operations; location requirements for medical marijuana businesses and requirements governing the operation of these facilities. The Title 5 amendments also address the cultivation of marijuana by patients and primary caregivers who serve no more than one patient and do not constitute a Medical Marijuana Business. The Planning Commission is being asked to review proposed changes to Title 17 and make recommendations to City Council. Title 5 amendments are being provided for Planning Commission information. Staff is seeking feedback regarding the location requirements in Section 5.10.070 only. Title 5 amendments are to be reviewed the Local Licensing Authority and to forward a recommendation to City Council. The moratorium on the issuance of new licenses to medical marijuana businesses went into effect on October 20, 2009. The moratorium was extended on April 20, 2010 and is scheduled to expire on March 31, 2011. If approved on Second Reading as scheduled, the ordinances would take effect prior to the expiration of the moratorium. AMENDMENTS TO TITLE 17 5