Planning Commission Agenda and Packet 2011 02 10

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➢ Amendment 20 to the Colorado Constitution legalized the "medical use of marijuana for persons suffering from debilitating medical conditions ". ➢ Amendment 20 did not establish complementary guidelines to regulate the medical marijuana industry until Jul 2010. • Previous City Action: ➢ Two (2) medical marijuana dispensaries were granted business licenses in July 2009. At that time, neither the City nor the State provided guidance to regulate the industry. ➢ The City classified the use as "medical clinics" which permitted them to locate in a Commercial Business B) zone district. ➢ The City adopted Ordinance #1557 in • • - 2009 which added a definition of "medical marijuana dis .ry' . prohibited dispensaries as home occupations. ➢ The City adopted Ordinance #1561 and #1574 w e ' established and subsequently extended a temporary moratoriu on all medical marijuana operations in the City until 31, 2011. • City Council Direction: ➢ Council directed st f on November recommendations dical marij standards and loca ments distance restrictions, ere fictions, operations and other. • Staff Action: ➢ Staf R of th mariju The ordin require en the pro Amendm • Amendments to Defines non -per Planning Commission Meeting Minutes January 13, 2011 Page 6 of 14 2010 to establish a operations licensing ding provisions such as ty measures, hours of I municipal ordinance from throughout the Front orward two ordinances amending Title 5 and 17 al Co (LMC) regulating medical es establishe• ®zoning, licensing and operating medical marijuana businesses without impacting rded to patients and primary caregivers by 20 17: cal marijuana operations, specifies the permitted and d uses associated with medical marijuana businesses. • Amendments • itle 5: ➢ Established a comprehensive licensing ordinance for all medical marijuana operations, location requirements, operational requirements and the cultivation of marijuana. • Fiscal Impact: There are currently two (2) medical marijuana businesses operating in the City. If they continue to generate sales tax at the current rate, both operations will be among the City's top 50 sales tax generation vendors for 2011. The responsibility of the enforcement of zoning, licensing and supervision of the businesses will require additional staff time and resources.