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Home My WebLink AboutLand Use Case.601 Rio Grande Pl.0076.2009.ASLU'1!11~ .18 0076.2009.ASLU 601 RIO GRANDE PLACE W -- - 2737 707 305 089 APPEAL FOR COMM SPACE XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 1 f /4Â« Â»6Â»Â£42 40 -1 L . THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0076.2009.ASLU PARCEL ID NUMBER 2737 707 305 089 PROJECTS ADDRESS 601 RIO GRANDE PLACE PLANNER JENNIFER PHELAN CASE DESCRIPTION APPEAL FOR VACANT COMM SPACE REPRESENTATIVE KENT KLEPPINGER DATE OF FINAL ACTION 11.10.09 CLOSED BY ANGELA SCOREY ON 4.2.10 2131-01 De 04 0 '171%1 101 - o S- 019 0076 Â· 2009. ASLU Elle Edit Record Navigate FQrm Reports Format Iab blelp !@45)Â»<â€¢ )/40 411'i#uÂ® l~~d-li}1 4 , ,10Â£1962umpl CT#liOIGI 3 â‚¬1 6 J *1 0 0 mil J W (3 [b o ,- ,__ j~Main~ Valuation I Custom Fields | Actions | Feei I Parcels |Fee SummarY I Sub Eermits | Attachments j Rogting Status | Routing 1 I Permit Type ~aslu _~]Aspen Land Use Permit # ~0076,2009.ASLU Address |601 RIO GRANDE PL Â£| Apt/5uite | City ~ASPEN State ~CO -~| Zip |81611 gj 2_ Permit Information Â·Â·- r Master Permit | g| Routing Queue |aslu07 Applied ~11/10/2009 -~ Project | -1~ Status pending Approved 1 11 Description SPEL.LAL I<tvl/W FOR VACANT COMMERICAL SPACE IN OBERMEYER PLACE Issued 1 13 Â·Ail>sAD Final | _] ~ Submitted |KENT KLEPPINGER 948 6547 Clock ~Running Days ~--6- Expires ~11/05/2010 -~ - ~ Owner --- ~~ Last Name ~OBERMEYER PLACE â‚¬~ First Name ~ 510 E HYMAN AVE - ALLSUITES 1 Phone ~(970) 925-2866 ASPEN CO 81611 ~ 12 Owner Is Applicant? Applkant 'j Last Name ~OBERMEYER PLACE 21 First Name | 510 E HYMAN AVE 24* Â·Â·Â·Â·Â·Â·, 1 ALL SUITES Phone ~(970)925-2866 Cust # ~25152 g| ~ ASPEN CO 81611 Â« Lender - - - -- 91 Last Name | ~ First Name ~ k Â· phone 1 Enter the main line of the permit address AspenGold[bl ~ Record: 1 of 1 CIA * 102-\ ~101-l006006) A ~C 4$- 82 -340 - 4 Moth- 1%5. 8 2*t * 1619 G 6. Â» \hop 0~ALL 49* R~plv~t51L *evt:1 Poll F sdnoig qeil Z' RESOLUTION NO. ~> (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR REGARDING PERMITTED USES IN THE SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) ZONE DISTRICT WHEREAS, the Community Development Director received a request for an interpretation of the I.and Use Code regarding permitted uses in the Service/Commercial/ Industrial (S/C/I) zone; and, WHEREAS, pursuant to Chapter 26.306 - Interpretations of Title, the Director rendered a decision and the owner sought an appeal; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of the Director or modify or reverse the Interpretation upon a finding that there was a denial of due process, exceeding o f jurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from Kent Kleppinger, the appellant, and the Community Development Director, and has found that the Director provided due process and neither exceeded his jurisdiction or abused his authority in rendering the Interpretation; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Community Development Director's Interpretation of the I.and Use Code regarding permitted uses within the S/C/1 zone, This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 1 f any section, subsection, sentence, clause, phrase, or portion ofthis Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting odAUA //, 2010. ATT1~ST: 'Kathryn S~Foch, City Clerk Michael C. Ireland, May~ APPROVED AS TO FORM: jlit r,Â£,cta 36!EWorcester, City Attorney Resolution No.--, Series of 2010. Page 1 Regular Meeting Aspen City Council Januarv 11, 2010 Councilman Johnson stated this is an important corner for the community and he would like to see this worked out. Councilman Skadron noted one of the public reminded everyone that the feel of the community is key to why people live and visit. Councilman Skadron said the current building has warmth and charm and this is lacking in the proposed building. Councilman Skadron said he needs to be comfortable that criteria in the AACP is being met, like how this proposed subdivision affects future development of the surrounding areas. Councilman Skadron said he is not quite willing to let go of the beauty of the existing site. Mayor Ireland said the proposed completion bond does not give a source of income revenue to deconstruction or to finish the project. Mayor Ireland said this agreement gives the general contractor the ability to specify that amount. Mayor ireland said he docs not want the community stuck with a half-built building at this location. Mayor Ireland stated he is concerned about the allowable 80 decibels in downtown and suggested Council do an inspection and listen to what 80 decibels is like. Mayor Ireland agreed if this is approved, a special construction schedule that protects the vitality o f downtown is imperative. Mayor Ireland noted construction parking all around this site will be detrimental to downtown businesses. Mayor Ireland suggested all the construction vehicles be registered and the city can use the license plate recognition program. Mayor Ireland stated his biggest concern about the project is the conversion to residential uses which put a damper on the use o f the space and the downtown core becomes less active. Mayor Ireland agreed the pit is dead, non-usable space and likes the alternative pedestrian amenity. Councilman Torre moved to continue Ordinance #28, Series of 2009, to January 25, 2010; seconded by Mayor Ireland. All in favor, motion carried. RESOLUTION #6, SERIES OF 2010 - Code Interpretation Appeal Permitted uses in S/C/I zone Jennifer Phelan, community development department, told Council this is an appeal of an interpretation issued by the community development department regarding permitted uses in the S/C/I zone. Ms. Phelan said the land use code cannot predict every type o f use that may occur; however, new uses need to meet the purpose and intent of the zone district. Ms. Phelan told Council when a new use is proposed, an applicant requests a code interpretation to determine i f the proposed use is appropriate in that zone. Ms. Phelan said this applicant asked whether the growing of medical marijuana could be permitted in the S/C/1. Staff determined that the proposed use is crop production and an agricultural use and not permitted in a light industrial/manufacturing zone, which determination the applicant has appealed to Council. Ms. Phelan reminded Council in an appeal, they are authorized to hear the appeal established by the record. Staff' s determination shall not be reversed or modified unless 16 Regular Meeting Aspen Citv Council January 11,2010 Council finds there has been a denial of due process, abuse o f discretion or staff exceeded their jurisdiction. Ms. Phelan noted due process has been provided to the applicant with all noticing being met; that appropriate discretion was used in the code interpretation using definitions found in the land use code and terminology in that zone district. Ms. Phelan stated appropriate jurisdiction was used as the director is authorized to make determinations. Staff recommends the code interpretation be affirmed by city Council. Mayor Ireland stated the appellant must find there was no reasoning behind staff' s interpretation. Kent Kleppinger, applicant, handed out definitions and told Council he is appealing the interpretation regarding permitted uses in the S/C/I zone and requesting that a medical marij uana manufacturing facility be considered a permitted use in the S/C/I zone. Kleppinger said the scope of business is the production and wholesale distribution of medical marijuana for sale to local dispensaries. Kleppinger stated his proposed use fits the zone district in spirit; there will be no retail presence and the requirements for equipment are light industrial. Kleppinger noted the purpose of the S/C/I is to preserve and enhance locally serving, primarily non-retail small businesses. The S/C/I zone district contains uses that may not be appropriate in other zones and uses that do not generate high customer traffic. Kleppinger said the industrial nature of the S/C/I zone makes it ideal for his intended use. Kleppinger stated the code was written to allow new industries and new businesses created by changing times search out the S/C/I district for new business types, like the Aspen Brewery. Kleppinger said Council may approve this use based on the furthering of public health, safety and wei fare. Kleppinger stated he is producing a medical product that is consumed by the local community and is intended to promote public health. Kleppinger told Council different types of marijuana provide different benefits in treating different ailments. Kleppinger said local dispensaries needs medicines to fit the different needs and that are grown under the conditions to produce quality medicine. Kleppinger noted there is currently no limit to the number of plants that can be grown by dispensaries or at home, which can be risky, Kleppinger said the land use code comes with terms and definitions that are used to render opinions. Kleppinger stated Council has the authority to review the spirit of a zone and uses that could not be contemplated when the code was written. Kleppinger said the community development department opined the use would be an agricultural use citing the words "crop, nursery and orchard" and including the land use code definition for "agriculture". Kleppinger said this product is a pharmaceutical and should not be compared to traditional crop production. Medicinal marijuana is regulated, which differs from agriculture in many ways and usually crops are not controlled pharmaceuticals. Kleppinger stated it is more accurate to describe his product as medical, not agricultural. Kleppinger noted under Colorado amendment 20, dispensaries are permitted to manufacture or grow medicinal marijuana in their establishments, which would be allowed in other appropriate zones. Kleppinger concluded that this business is not agricultural but is pharmaceutical production and should be a permitted use in S/C/I. Currently medical marijuana can be grown in one' s home or in dispensaries in town. 17 Regular Meeting Aspen City Council January 11, 2010 Mayor Ireland noted this argument would allow Council to interpret the district to define this as other than agricultural. Mayor Ireland stated in an appeal, the applicant has a burden to prove that not allowing that interpretation is an abuse of discretion. Mayor Ireland noted marijuana has been grown as a crop in this country. Mayor Ireland stated the applicant has argued to the spirit of the zone district; however, the applicant has to show there is no basis for the staffs argument. Mayor Ireland said Council should wait to see what amendments will come out of this session o f the state legislature before the city code is amended. Mayor Ireland said the applicant has not shown this is not a crop. Lauren Ma)tin, representing cannas businesses, stated there may have been an abuse of discretion to look at this as a crop and as an illegal drug. Ms. Ma>lin said this is manufacturing of medicine. Ms. Maytin said marijuana as medicine is not a crop; it is a pharmaceutical industrial production, which is more scientific and requiring hands on attention for the manufacture o f medicine. Mayor Ireland said no proo f has been offered that there was an abuse of discretion in the manner in which the staff rendered their opinion. Councilman Romero stated there is no issue with jurisdiction or due process; the question is abuse o f discretion. The applicant has presented an alternate view but that does not prove staffs view was an abuse of discretion. Mayor Ireland moved to adopt Resolution #6, Series of 2010, affirming the decision o f the community development director; seconded by Councilman Johnson. All in favor, motion carried. Councilman Torre moved to adjourn at 10 p.m.; seconded by Councilman Johnson. All in favor, motion carried. t. Lak /J n S. KocK, City Clerk 18 1 14 a- MEMORANDUM TO: Mayor Ireland and Aspen City Council COPY: John Worcester, City Attorney THROUGH: Chris Bendon, Community Development Director ~~A,1 FROM: Jenni fur Phelan, Deputy Planning Director ~1~> RE: Appeal of Land Use Code Interpretation - Permitted Uses in the Service/ Commercial/Industrial zone district DATE: January 11,2010 APPLICANT: Kent Kepplinger 1 1 11 14:.1 11741.- . 4%~EMFA ./ l 42 14: LOCATION: leÂ©, The t.,Lilh'IN A,10$$10' 1 1 Ni '*sÂ· R-15 Service/Commercial/ , ae'2'04 *ilt~~~-~ \- . Industrial (S/C/I) 52941' 1 '2Â·'4 -11 / zone district. , 4 .,t'-15%* ' 42 410.1 + f SUMMARY: N Â·/ . - Â· 'i ,> :,5 . - The Applicant is 4-4-;79 5259>., // ~ ~ 4%.:32.0.14 appealing an , 223 .2 .hh i interpretation issued L Â· i~ :102 jj / 4 413333~2 PI sPA// 2*//0/ />Rie Cke=. lilli 1 Development 4 . ./ Director. . 27 , At// ~Je 2 34 I M 7.4. *21rei>- - -4-44 5 4, 17 4 0 /5 2 % ',4.1 E F STAFF Phil RECOMMENDATION: ~~=~4411 1-11. 1/./14.:~1- ..~ ..1~.9 . 1 % 301 - 44 '1241~ rl. 1 Staff recommends 4 UD SPA 4 - 1 /47 73/44 City Council uphold e MAIN 3,/ili- + ' k li' the Director's 1 jr Yli'.5 -_Â·t' interpretation by y / 711 2.-, i 11,1.7 -1/- . adopting the ,'',~2--- - 107 21*. ,#t-Â·~416 4---,. .-55<Ma.s~uti.:~ 044Icr11*5>42'115ft.i proposed Resolution Figure 1: Vicinity Map of"S/C/I zone district" affirming the interpretation. 1 SUMMARY: One of the jobs assigned to the Community Development Director is to provide interpretations of the text of the City's Land Use Code. This is a formal process in which an applicant requests a written interpretation and, if they don't agree with the interpretation, affords the applicant the right to appeal the decision to the City Council. Section 26.316.030 of the Aspen Land Use Code sets forth the applicable standard of review that Council should follow in these matters and the actions available to Council following the hearing on the appeal. BACKGROUND: In this case, the interpretation rendered by the Director discusses whether the growing of medical marijuana is allowed in the Service/Commercial/Industrial (S/C/I) zone district as a permitted or conditional use. The interpretation request arose after the Applicant met with Community Development staff and was advised that the growing of medical marijuana is not a permitted or conditional use within the S/C/I zone district. As noted in the interpretation, it is staff s interpretation that the commercial growing of any agricultural product, including medical marijuana, is classified as an Agricultural Use, An Agricultural Use is defined in the city's land use code as "the use of land and buildings for the production of crops, animals, animal products and the keeping of livestock including riding stables, arenas, orchards, nurseries, flower production, dairy operations, fisheries, animal husbandry services or similar uses." Under Agricultural Use, the words crop, nursery and orchard are used. Although not defined in the land use code, all of these words are associated with flora that is grown or planted. The commercial production (or growing) of medical marijuana, is crop production and is considered an Agricultural Use that is not a permitted use in the S/C/I zone district. Although the applicant states that the S/C/I space would be used as a "commercial medicinal 5, marijuana manufacturing facility, the proposed use does not include a manufacturing component but is agricultural in nature. Whether hydroponically grown tomatoes or medicinal marijuana, both are a form of crop production. STANDARD OF REVIEW: Section 26.316.030(E) reads as follows: Standard of review. Unless otherwise specifically stated in this title, the decision- making body authorized to hear the appeal [City Council] shall decide the appeal based solely upon the record established by the body from which the appeal is taken [Community Development Directorl. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process, or the administrative body has exceeded its jurisdiction or abused its discretion. 2 The Land Use Code does not define the terms: "a denial of due process", "exceeded its jurisdiction," or "abused its discretion." Court cases, however, have helped define these terms as follows and may be used by Council in its deliberation of the appeal: A denial of due process may be found if some procedural irregularity is determined to have occurred that affected a significant right of the appellant, or the administrative body otherwise acted in violation of the appellant' s constitutional or statutory rights. Ad Hoc Executive Committee of Medical Staff of Memorial Hospital v Runyan, 716 P. 26 465 (Colo. 1986.) A decision may be considered to be an abuse of discretion if the "decision of the administrative body is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority." Ross v Fire and Police Pension Ass'n., 713 P.2d 1304 (Colo. 1986), Marker v Colorado Springs, 336 P.2d 305 (Colo. 1959). A decision may be considered to be in excess of jurisdiction if the decision being appealed from "is grounded in a misconstruction or misapplication of the law," City of Colorado Springs v Givan, 897 P.2d 753 (Colo. 1995); or, the decision being appealed from was not within the authority of the administrative body to make. City of Colorado Springs v SecureCare Self Storage, Inc., 10 P.3d 1244 (Colo. 2000). STAFF COMMENT: 1. Due Process - The applicant has met with staff to discuss what uses are permitted within the SCI zone district. The Applicant then requested a formal interpretation to determined if medical marijuana could be grown in the SCI zone district. Once written, an Interpretation provides the opportunity for a party to appeal the findings. Certain timeframes affect when interpretations must be provided after a request and when appeals need to be scheduled. Those timeframes have been met. As required by the Land Use Code, the appellant was provided notice of tonight's meeting via registered mail and all other affected parties were noticed by publication in the newspaper, as required. (Please see Exhibit D). Assuming tonight's meeting does not contain any procedural flaws, staff believes that proper procedural due process has been provided. In providing an interpretation, the Director relied on the facts presented and the language within the Land Use Code. Definitions within the code such as "Agricultural Use" and the purpose of the zone district were used in evaluating whether the growing of medical marijuana could be considered a permitted or conditional use in the zone district. Additionally, although "manufacture" and "crop" are not defined in the Land Use Code, staff applied the common definition of the words in evaluating the code language and rendering an interpretation. Staff' s interpretation was not arbitrary and provided substantive due process. 2. Discretion - With respect to abuse of the Director' s discretion, the Director did need to use his discretion in rendering the interpretation. The question is whether the Director 3 abused that discretion. The Director is required to interpret specific text of the code to provide explanation and clarity. In rendering an interpretation, the Director considered adopted definitions in the land use code, common definitions if not defined in the Land Use code and the purpose clause of the S/C/I zone district to structure the interpretation. Staff tends to approach these sorts of tasks with a very pragmatic and realistic administration of development limitations. The Land Use Code does not predict every type of circumstance. Staff considers the text of the code as well as the effects that would be expected with different interpretations. The Director believes that his discretion was applied appropriately and the Interpretation was rendered ethically. 3. Jurisdiction - The Director's jurisdiction to interpret the Land Use Code is established in Chapter 26.210 of the City of Aspen Land Use Code. This Chapter outlines the jurisdiction, authority, and duties allocated to the Community Development Director. One of the Director's duties outlined in the Chapter reads: "To render interpretations Of this Title or the boundaries of the Official Zone District Map pursuant to Chapter 26.306." Staff believes this language is clear and it does not appear that the applicant is questioning this provision of the code. CODE INTERPRETATION AND CODE AMENDMENT: The question in a code interpretation is what does the code sco/? On occasion, applicants seek a code interpretation because they believe the code should say something else. The code amendment process is the proper venue for the question -what should the code say'? ACTIONS BY COUNCIL FOLLOWING APPEAL HEARING: Section 26.316.030(F) reads as follows: Action by the decision-making body hearing the appeal. The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be approved by resolution. All appeals shall be public meetings. TWO RESOLUTIONS: Attached are two Resolutions. One finds that the Director acted correctly and affirms the interpretation. The second finds that the Director exceeded his jurisdiction, abused his authority, or failed to provide due process and reverses the interpretation. RECOMMENDATION: Staff believes the Director' s interpretation was rendered ethically and that no abuse o f authority or exceeding of jurisdiction occurred. Staff recommends City Council uphold the Director's interpretation by adopting the proposed Resolution affirming the interpretation. 4 CITY MANAGER COMMENTS: RECOMMENDED MOTION: (all motions must be made in the positive) "I move to approve Resolution No. ~ , Series of 2009, [affirming or reversing] the Community Development Director' s interpretation o f the Land Use Code regarding permitted uses is the S/C/I zone district. ATTACHMENTS: Exhibit A - Interpretation dated October 29,2009 and Interpretation request Exhibit B - Appeal application Exhibit C - Land Use Code Section Regarding Appeals Exhibit D - Affidavit of notice 5 RESOLUTION NO. ~> (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR REGARDING PERMITTED USES IN THE SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) ZONE DISTRICT WHEREAS, the Community Development Director received a request for an interpretation of the Land Use Code regarding permitted uses in the Service/Commercial/ Industrial (S/C/I) zone; and, WHEREAS, pursuant to Chapter 26.306 - Interpretations of Title, the Director rendered a decision and the owner sought an appeal; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the InterpretatiOn of the Director or modify or reverse the Interpretation upon a finding that there was a denial of due process, exceeding ofjurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from Kent Kleppinger, the appellant, and the Community Development Director, and has found that the Director provided due process and neither exceeded his jurisdiction or abused his authority in rendering the Interpretation; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Community Development Director's Interpretation of the Land Use Code regarding permitted uses within the S/C/I zone. This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. I f any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting on ,2010. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, City Attorney Resolution No.--, Series of 2010. Page 1 RESOLUTION NO. (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REVERSING AN INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR REGARDING PERMITTED USES IN THE SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) ZONE DISTRICT WHEREAS, the Community Development Director received a request for an interpretation of the Land Use Code regarding permitted uses in the Service/Commercial/ Industrial (S/C/I) zone; and, WHEREAS, pursuant to Chapter 26.306 - Interpretations of Title, the Director rendered a decision and the applicant sought an appeal; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of the Director or modify or reverse the Interpretation upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and verbal testimony from Attorney David McConaughy representing the appellant, the Community Development Director, and has found that the Director did not provide due process or either exceeded his jurisdiction or abused his authority in rendering the Interpretation; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE BE IT RESOLVED that the City Council reverses the Community Development Director's Interpretation regarding permitted uses within the S/C/I zone district of the Land Use Code. 1) The growing of medical marijuana is not considered an Agricultural Use but rather a form of manufacturing and can be considered a permitted use within the S/Cd zone district. This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion o f this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting on ,2010. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Resolution No. , Series of 2010, Page 1 APPROVED AS TO FORM: John Worcester, City Attorney Resolution No. , Series of 2010. Page 2 29Â£ 6 43- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.710.160 EFFECTIVE DATE: October 29,2009 WRITTEN BY: Jennifer Phelan, Deputy Director APPROVED BY: OUG Chris Bendon, Community Development Director COPIES TO: John Worcester, City Attorney Planning Staff SUMMARY This Interpretation is being issued in response to an inquiry submitted by Kent Kleppinger with regard to whether the production of medical marijuana is a permitted use in the Service/Commercial/Industrial (S/C/I) zone district. BACKGROUND The S/C/I zone district's stated purpose as outlined in section 26.710.160 A., Purpose, "is to preserve and enhance locally-serving, primarily non-retail small businesses....to protect the few remaining such small business parks historically used for light industrial uses, manufacturing, repair, storage and servicing of consumer goods..." The zone district permits uses that include the manufacturing, repair, customizing, and servicing of consumer goods such as household appliances, automobiles, dry cleaning establishments, and commercial kitchens. Although the land use code does not have a definition for manufacture, Black' s Law Dictionary (Exhibit A) defines manufacture as "the process- or operation of wares or any material produced by hands, by machinery or by other agency; anything made from raw materials by the hand, by machinery or by art." INTERPRETATION The applicant notes in his interpretation request (Exhibit B) that the product will be manufactured on site and will be sold on a wholesale basis. It also states that equipment, such as commercial fans and water pumps, being industrial in nature and necessary to the production of medical marijuana fit within light industrial uses. It is staffs interpretation that the commercial production (or growing) of any agricultural product, including medical marijuana, is classified as an Agricultural Use. An Page 1 of 2 ~ 0<-\HB \TAI Agricultural Use is defined in the city' s land use code as "the use of land and buildings for the production of crops, animals, animal products and the keeping of livestock including riding stables, arenas, orchards, nurseries, flower production, dairy operations, fisheries, animal husbandry services or similar uses." Under Agricultural Use, the words crop, nursery and orchard are used. Although not defined in the land use code, all of these words are associated with flora that is grown or planted. The commercial production (or growing) of medical marijuana, is crop production and is considered an Agricultural Use that is not a permitted use in the S/C/I zone district. APPEAL OF DECISION As with any Interpretation by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days o f the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. ATTACHMENTS A. Definition of manufacture, Black' s Law Dictionary, Fourth Edition B. Interpretation request dated 9/25/09 C. Merriam-Webster online dictionary: definition of crop, nursery, and orchard Page 2 of 2 f-)%12> 9 N,3> 9 t MANUFACTURING 82 4 . '< MANUAL Of, or pertaining to, the hand or Meaning of word "manufacture," which is defined as the :com- 4 hands; done, made, or operated by or used with making of goods or wares by manual labor or by machln- le pak. , the hand or hands; or as Inanual labor. McErlain ship and art have advanced, so that now nearly all arti- ery, especially on a large scale, has expanded as workman- fEeps -4 92 Taylor, 207 Ind. 240, 192 N.E. 260, 262, 94 A.L.R. nelal products of human industry, nearly all such materials O F- 1284. Performed by the hand; used or ernployed as have acquired changed conditions or new and specific 2- by the hand; held in the hand. combinations, whether from,the direct action of the human a=672137~ hand, from chemical processes devised and directed by human skill, or by the employment of machinery, are now Â«07= 1- MANITAL DELIVERY. Delivery of personal commonly designated as "manufactured." Â· Mayor and City 3/*If Â·1 3 property sold, donated, mortgaged, etc., by passÂ· Council of Baltimore v. Price, 168 Md. 174, 177 A. 160, 163. :ill-Ed 5 ing it into the "hand" of the purchaser or transÂ· Ordinarily does not include building or construction of Le.h-61,1 4- feree, that is, by an actual and corporeal change outdoor structures. Morrison-Knudson Co.. v. State Board AutÂ·43 -yi -tif Possession. of Equalization, 58 Wyo, 500, 135 P.2d 927, 931, 932, 3- hIANiIAL GIFT. The manual gift; that is, the MANUFACTURE, n. The process or operation of 'hÂ¢*a 3 kiving of corporeal movable effects, accompanied making wares or any material produced by hand, . + by-i real delivery, is not subject to any formality. by machinery or by other agency; anything made irrÂ·co - . 2-Civil Code La. art 1539. from raw materials by the hand, by machinery, tid*20 =E .2Â», or by art Jones Bros. Co. v. Underkoffier, D.C.Pa., dy'.~I'Us Â· *MANUAÂ£ LABOR.. Work done with the hand. 16 F.Supp. 729,730. The production of articles for eky.*2, 5 State v. Ash, 53 Ariz 197, 87 P.2d 270, 272. Labor use from raw or prepared materials by giving such 292/12 Djier.formed by hand or by the exercise of physical materials new forms, qualities, properties or com- stforce, with or without the aid of tools and of binations, whether by hand labor or machine. horses or other bea.sts of burden, but depending Cain's Coffee Co. v. City of Muskogee, 171 Okl. 635, ty-11?law- _ Â·origrp-- . - far its effectiveness chiefly upon personal mus- 44 P.2d 50,52. enitola- 4ailar @xertion rather than upon skin, intelligence In patent law, any useful product made dtrectly Â· by Vor adroitness. Lew Jim v. U. S., C.C.A.Cal., 66 F. human labor, or by the aid of machinery airected and con- 5954, 14 C.C.A. 281; Martin v. Whkelleld, 42 Minn. trolled by human power, and either from raw materials, or I f...Â· from materials worked up Into a new form. Also the ---- 9176, 43 N.W. 966, 6 L.R.A. 362. Turner v. Quincy Market Cold Storage & 'Warehouse Co.. process by which such products are made or fashioned. I 7..+1. ~ ~.MANUAL RATES. The Oklahoma Inspection C.C.A-Mass., 225 F. 41; International Mausoleum Co. v. JBureau is a private enterprise maintained by the Sievert, C.C.A.Ohio, 213 F. 225, 227; Riter-Conley Mig. Co. sad},hyn-. -~urance companies and its function is to coIn- v. Aiken, C.C.A.Pa-. 203 F. 699.702. Ypile Â·the general basis schedule which sets out the An Instrument created by the exercise of mechanical :Frates for the risks insured. - These rates are com- forces and designed for the production of mechanical ef- dome . fects, but not capable, when set in motion, of attaining, by ._4552188 -Empnly referred to as "manual rates." Commer- its own operation, to any predetermined results. It re- 3 bial-Standard Ins. Co. v. Remer, C.C.A.Okl. 119 F. celves its rule of action from the external source which X 26-66, 67. furnishes 1ts motive power. A manufacture requires the constant guidance and con- .dcustoin 1 MANUALIA BENEFICIA. The daily distribu- trol of some separate intelligent agent; a machine oper- 5 tions of meat and drink to the canons and other ates under the direction of that intelligence with which it was endowed by its inventor when he imposed on it 11 ousetor lfiembers of cathedral churches for their present structural law. The parts of a machine, considered sep- - 2*bsistence. Cowell. arately from the machine itself, all kinds of tools arla fabrics, and every other vendible substance, which is net- r mantlei.a MANUALIS OBEDIENTIA. Sworn obedience or the a complete machine nor produced by the mere union --Submission upon oath. Cowell. ~ Â· of Ingredients, is included under the title "manufacture. " 'tdal#Ps, Rob.Pat. 1 182. =.52 -#ANUCAPTIO. In old English practice, a writ Domestic manufactures. Generally, manufac- ./1. 1 ZE*h lay for a man taken on suspicion of felony, tures within a state's jurisdiction. Com. v. Gilti- peÂ« ABBgthe like, who could not be admitted to bail by nan, 64 Pa. 100. - thefbheriff, or others having power to let to mainÂ· :serÂ©nb 2#fis@.- ~ Fitzh.NatBrev. 249. MANUFACTURER. One who by labor, art, or 442*@D ;i,25 - 74-gra _ - Â· Â· skill transforms raw material into some kind of a &22@iyl- M*MUCAPTORS. Same as mainpernors (q. v.). finished product or article of trade. Henry v. Markesan State Bank, C.C.A.Minn., 68 F.2d 554,. -10*UFACTORY. A physical plant, or a place or 557, 13*femn -bug#ing where manufacturing is carried on. : - directly' .-{flant O wherein electric powef was generated.) MANUFACTUREES LIABILITY DOCTRINE. r. <51-4 *4}se Power Co. v. Bell, 156 S.C. 299, 152 S.E. 865, The foundation for the .liability is knowledge of Â£<X~)~~tâ€žin common understanding is known as the danger attending use of manufactured or as- "rti' ettvcu,n=laa-r~.~~~-_ Halpin v. Insurance Co., 23 N.E. 989, sembled product and negligence in failing to give -d:-ttis====*N.Y. 73,8 L.R.A. 79; In re I. Rheinstrom & appropriate warning, or negligence in failing to, 1 *2 4 D.C.Ky., 207 F.119,134. discover and appreciate the danger, and the prob- able consequences that injury wiU proximately re- 12==i=mMANUFACTURE, v. From Latin words manus sult from the use of such product for the purposes. and,factura, literally, put together by hand. Now for which it was intended. Crane Co. v. Davies,. iimans the process of making products by hand 242 Ala. 570, 8 So.2d 196, 199. ,*R~ United States v. Anderson, D.C. MANUFACTURING CORPORATION. A corpo- Â·Â·ornEMIU~ meaning of this word is "making with the ration engaged in the production of some article, Â· 94245~ this definition is too narrow for its present use. thing, or object, by skill or labor, out of raw ma- 1117 ~ Ip<14Â·12> rE 13> A latih BiTAll- To: City ofAspen Community Development Director From: Kent Kleppinger Date: September 25,2009 Re: Request for Interpretation ofTitle Dear Sir, My name is Kent Kleppinger, I am an Aspen citizen and property owner. I am contracting for the purchase of a parcel in the S/Cd zone district for which I have a specific use in mind. I intend to use the space as a commercial medicinal marijuana manufacturing facility. Based on this, I am requesting an interpretation oftitle under section 26.306.010 of the land use code to confirm the use as one which is permitted in the S/Cd district Section 26.170.160 of the land use code states that the purpose of the S/Cd zone district is to "preserve and enhance locally serving, primarily non retail small business areas to ensure a more balanced permanent community; to protect the few remaining small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or customer reception areas. The S/Cd zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes and permits customary accessory uses". Section B Permitted Uses 1) S/Cd uses which may use up to 100% of the floor area for retail sales, showroom, or customer reception include lile manufacturing, repair, customizing, servicing, detailing, sales and rental of consumer goods such as: 2) S/C/I uses which may use, in combination, up to 25% ofthe floor area for accessory retail sales, showroom or customer reception including the manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as, electronic equipment floral arrangements; furniture; clothing; or sporting goods: This use fits within the Service/Commercial aspect ofthe zone based on the following. 1. Product manufactured at this facility will be sold on a wholesale basis to retailers. 2. The S/Cd zone district was meant for light industrial usage without a retail element. I require no retail element and will generate no traffic in the complex or vicinity. Ihere will be no showroom or customer reception area. I feel that my proposed use meets the light industrial criteria based on the following. 1. The equipment required for systematic production is defined as industrial and includes commercial grade HVAC systems, HID lights and ballasts, fluorescent lights, digital timers, room controllers, commercial fans, air pumps, water pumps, humidifiers/de-humidifiers, reverse osmosis systems, C02 injection systems, carbon filters, water tanks and multiple 55 gallon reservoirs, etc. 2. The provisions in the permitted uses section oftbe land use code use the terms"Such As" and are not limited to those examples listed. The words "Such As" allow the flexibility needed to support the growth of new industries that may not be appropriate in other zones. In conclusion, it is my position that my intended use is appropriate within the S/Cd zone district and that the intent of the district was to allow uses that do not fit within the other community zone districts. The spirit of the zone is to accommodate uses that are not applicable in the other zone districts in Aspen. I am confident that my use matches your intent. Thank you and I look forward to your response. / /11 Â»f -U jm7117 - Kent Kieppinger / 4. E-* E\T C Ext[1 03 0- A 5 Main Entry: icrop Pronunciation: \ClkrÂ®\ Function: noun Etymology: Middle English, craw, head of a plant, yield of a field, from Old English eropp craw, head of a plant; akin to Old High German b.opfgoiter, craw Date: before 12th century 1 : a pouched enlargement of the gullet of many birds that serves as a receptacle for food and for its preliminary maceration; also : an enlargement of the gullet of another animal (as an insect) 2 a (1) ta plant or animal or plant or animal product that can be grown and harvested extensively for profit or subsistence <an apple crop> <a crop of wool> (2) : the total yearly production from a specified area b : the product or yield of something formed together <the ice crop> c:a batch or lot of something produced during a particular cycle <the current crop of films> d : collection <a crop of lies> 3 : the stock or handle of a whip; also: a riding whip with a short straight stock and a loop 4 ~crop] a : the part of the chine of a quadruped (as a domestic cow) lying immediately behind the withers -usually used in plural - see cow illustration b : an earmark on an animal; especially : one made by a straight cut squarely removing the upper part of the ear c : a close cut of the hair Main Entry: nursÂ·ery Pronunciation: \Unors-re, Onor-so-\ Function: noun Inflected Form(s): plural nursÂ·erÂ·ies Date: 14th century 1 obsolete : attentive care : fosterage 2 a:a child's bedroom b:a place where children are temporarily cared for in their parents' absence c : day nursery 3 a: something that fosters, develops, or promotes b:a place in which persons are trained or educated 4 : an area where plants are grown for transplanting, for use as stocks for budding and grafting, or for sale 5 : a place where young animals grow or are cared for Main Entry: orÂ·chard Pronunciation: \0 dr-chard\ Function: noun Etymology: Middle English, from Old English ortgeard, from ort- (from Latin hortus garden) + geard yard - more at yard Date: before 12th century : a planting o f fruit trees 4, nut trees, or sugar maples; also : the trees of such a planting Merriam-Webster online dictionary ATTACHMENT 2 -LAND USE APPLICATION ./)1GDJOiL mAA(JU*[A- PROJECT: tr ao of*croÂ·el IJO) Name: ( hÂ»\-1 -14-2591 2%, ~ ( AMh 2-420 AL- UbMUSSAUNI 4-POUT-4 1 Location: 601 Cho @78Â»16 E PL UnCE.EM; 121 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) A-73 707 205 069 APPLICANT: Name: 4GY- A L\-Bee, 4 488_ Address: \04-7 1) wgi â‚¬L ~%303 E 00 24 All Phone #: 970- 99 8- 6547 REPRESENTATIVE: Name: 6Â»â‚¬ 43 Ae:ove Address: Phone #: TYPE OF APPLICATION: (please check all that apply): U GMQS Exemption U Conceptual PUD U Temporary Use D GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment ~ Special Review U Subdivision U Conceptual SPA E ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ~ACÂ»h- Comm<*%\ AL- 6?ACe \4 OBe-f Ea_- elÂ«-(E PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) ~Amaff2 a PEL- /-ULLESAL(LE Â»Gi) 1 C al *A-k-v 3 UP+i Ar lÂ©Â©860 5403-4424 14(, 4*4\ red Have you attached the fdllowingl FEESDUE:$ U Pre-Application Conference Summary E Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. u >117 Btral Chapter 26.316 APPEALS Sections: 26.316.010 Appeals, purpose statement. 26.316.020 Authority. 26.316.030 Appeal procedures. 26.316.010 Appeals, purpose statement. The purpose of this Chapter is to establish the authority of the Board .of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. (Ord. No. 17-2002 Â§ 2 (part), 2002) 26.316.020 Authority. A. Board ofAdjustment. The Board of Adjustment shall have the authority to hear and decide the following appeals: 1. The denial of a variance pursuant to Chapter 26.314 bythe Planning and Zoning Commission or Historic Preservation Commission. B. City CounciL The City Council shall have the authority to hear and decide the following appeals: i 1. An interpretation to the text of this title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. An appeal ofthis nature shall be a public meeting. 2. Any action by the Historic Preservation Commission in approving, approving with conditions, or disapproving a development application- for development in an "H,", Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting. 3. The scoring determination of the Community Development Director pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting. 4. The allocation of Growth Management Allotments by the Planning and Zoning Commission pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting. 5. Any other appeal for which specific authority is not granted to another board or commission as established by this title. An appeal of this nature shall be a public meeting. C. Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). City of Aspen Land Use Code. August, 2007. Part 300, Page 35 C>tie\-r-Cz D. Adminis#ative Hearing Ofticer. The Administrative Hearing Officer shall have the authority to hear an appeal from any decision or determination made by all administrative official unless otherwise specifically stated in this title. (Ord. No. 17-2002 Â§ 2 (part), 2002; Ord. No. 27-2002 Â§ 23, Ord. No. 12-2007; 2002) 26.316.030 Appeal procedures. A. Initiation. Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice ofappeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the city office or department rendering the decision or determination within fourteen (14) days ofthe date ofthe decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this title to appeal any decision or determination. B. Effect of filing an appeaL The -51\ng of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Community Development Director certifies in writing to the chairperson of the decision-making body authorized to hear the appeal that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The chairperson of the decision making body with authority to hear the appeal may review Â· such certification and grant or deny a stay of the proceedings. C. Timing of appeal. The decision-making body authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. D. Notice requirements. Notice of the appeal shall be provided by mailing to the appellant and by publication to all other affected parties. (See section 26.304.060(IE)). E. Standard of review. Unless otherwise specifically stated in this title, the decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. A decision or ddtermination shall be not be reversed or modified unless there is a finding that there was a denial of due process, or the administrative body has exceeded its jurisdiction or abused its discretion. F. Action by the decision-making body hearing the appeaL The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, ifthe decision is modified, shall be deemed to have all the powers ofthe officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision-making body may also elect to remand an appeal to the body that originally heard the matter for further proceedings consistent with that body' s jurisdiction and directions given, if any, by the body hearing the appeal. The decision shall be approved by written resolution. All appeals shall be public meetings. (Ord. No. 55-2000, Â§Â§ 4,5; Ord. No. 27-2002 Â§ 24, Ord. No. 12-2007,2002) City of Aspen Land Use Code. August, 2007 Part 300, Page 36 RE J Et\.1 bIL- ...*t+ ~Â· A * lilli ll' i i ~ 652*r= *les Poezi, a X THE CITY oF ASPEN 1223B@1053@ 0004626326 DEC 1 4 200 9 li 111 ell'\Ill i ill \11'iri~lillill"lly' 11 -1-- la2*n*trt 02 1A $ 05.540 111 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 91 7108 2133 3936 9381 9121 125122~2 MAILED FROM ZIPCODE 81611 PAr, 401 kip pÂ»2546 LD HT \hvuL skVR/LA- ~ Printed On Recycled Paper SENDER: COMPLETE THE SECT/ON COMPLETE THIS SECTION ON DELIVERY â€¢ Complete items 1,2, and 3. Also complete A-Glanatuad~_~__ 1 item 4lf Restricted Delivery is desired. 6,- /27--7~ 0 Agent â€¢ Print your name and address on the reverse ~~~>+0-A./#:L_~ Il Addresse - so that we can return the card to you. B. 0~0/ed by (pr#ye#'Name) C. Date 07elivtp â€¢ Attach this card to the back of the mallplece, or on the front if space permits. 14 -Plm th=#'/1Â«>52 /2/77/2 D. Is delivery address hifferent from item193 / 1.Article Addressed to: If YES, enter delivery address below: Â¤ No Kent Kle ppinjer 10 41- Vin Â¢ St. 3. Service Type Abptn Co il Gil Â¤ Certified Malt 0 Express Mail Â¤ Registered O Return Receipt for Merchandls, Â¤ Insumd Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yea 2. Article Number g (Transferfrom service label) 1 91 7108 2133 3936 9381 9121 i 6-7*\T D i_ December 14,2009 Mr. Kebt-Kleppinger 1047 Vine Street ' THE CrrY oF ASPEN Aspen, CO 81611 - RE: APPEAL OF AN INTERPRETATION (Permitted uses in the SCI zone district) . Dear Kent, j As required per Section 26.316.020 D., Notice Requirements, of the land use- code notice is hereby given that a public hearing will be held: on Monday, January 11, 2009, to begin at 5: 00 p,mi before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena -St., Aspen. The purpose of the hearing is to consider ali appeal of an Intkrpretation that you submitted. , I The Interpretation determined that the growing of medical marijuana.isnot a permitted use in the Service/Commercial/Industrial (SCI) zone district. For further information, please fedl free to contact Â·me at 970.429.2759 or by email Jennifer.Phelan@ci.aspen.co.us. A memo will be ' emailed to you in the near future,. - Rekards, 014*22 * Jenifer Phelan Deputy Director - 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 PHONE 970.920.5000 Â· FAX 970.920.5197 www. aspengov.com Printed on Recycled Paper ~ - num--..Ne ili- 7 eaud PURLIC NUI ICE ! es in the SCI Zone district) RE: INTERPRETATION APPE~L (Permitted us- '~ NOTICE IS HEREBY GIVEN that a public hearing 1 will be held on Monday, January 11,2009, to be- gin at 5:00 p.m. before the Aspen City Council, City 1 EX*- 3) S Council Chambers, City Haiti 130 S. Galena St. Aspen, to consider an appeal of an Interpretation , issued by the Community Development Director, 1 submitted by Kent Kleppinger, 1047 Vine Street, | Aspen, CO 81611. The Interpretation determined that the growing of medical marijuana is not con- sidered a permitted use in the Service/Commercial/Industrial (SCI) zone district. AFFIDAVIT OF PUBLIC NOTICE For further information, contact Jennifer Phelan at - K'aer{Mt nott .Agzn,~f.o&'0Tn'7 P.vefrgE,t gs ;Y SECTION 26.304.060 (E), ASPEN LAND USE CODE 970.429.2759, (or by email Jennifer.Phelan@c/.as- pen.co.us). s/Michael C. Ireland. Chair Aspen City Council Published In the Aspen Times Weekly on Decem- ?ERTY: ber 20,2009 [4419997] -1~Er-r-r-- \/ INE -5-c , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 3-ANUARY 11 ,200 9 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, N lok 114 n M Pic> N (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtaine~00~~F:.2.~ Community Development Department, which was made of sllig~~of. -) ~ . materials, which was not less than twenty-two (22) inches wi~'914##~R~.~ ~i (26) inches high, and which was composed o f letters not lesspa~ one inch in ': height. Said notice was posted at least fifteen (15) days prioÂ¢30 te public hearing and was continuously visible from the day of ~ â€¢. .200 , to and including the date and time of the public hearing. A phot3**fill?4pbsted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from 1Meuummunity Development Department, which contains the information described in Section 26.304.060(IE)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Â£2--- ' =I.h Ill- Al\BU--31.t Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested; to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses o f mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Dev*lopments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. A- cift7~ Signature / The foregoing "Affidavit ofNotice" was acknowledgpd before me this 11 ~ay 204 by 14'012- -Tho"Afâ‚¬ on 2$5rci24 u %*TAMPEIL WITNESS MY HAND AND OFFICIAL SEAL r : My commission expires: R ~ 36 | 2-013 1 t :usep.Â·'ell 4.4. 147Â» Notary Public lily Commission Expirell*ll ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 1 1 PUBLIC NOTICE I RE:INTERPRETATION APPEAL (Permitted us- es in the SCI Zone tiatrict) NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 11. 2009, to be- gin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St. Aspen, to consider anl appeal of an Interpretation issued by the Community Development Director, submitted by Kent Kleppinger, 1047 Vine Street, Aspen, CO 81611. The Interpretation determined ' that the growing of medical marijuana is not con- ~ sidered a permitted use in the Service/Commercial/Industrial (SCI) zone distra. 1 For further information, contact Jennifer Phelan at the City of Aspen Community Development De- partment, 130 S. Galena St. Aspen, CO 970.429.2759, (or by email Jennifer. Phelan@ci.as- ~ pen.co.usJ. s/Michael C. Ireland. Chair Aspen City Council Published in the Aspen Times Weekly on Decem- ber 20,2009 [4419997] . 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 041 \/ 1N E 5-c , Aspen, CO SCHEDULED PUBLIC HEARING DATE: JANUARY It ,2009 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, Nl 61<z Tl-lo M esc>W (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ,% Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtainec- - -77~h . Community Development Department, which was made of sui10 :rproof ' , materials, which was not less than twenty-two (22) inches wi/A 99â‚¬X (26) inches high, and which was composed of letters not less~lia4 :h in height. Said notice was posted at least fifteen (15) days prioÂ¢to 1 c hearing and was continuously visible from the day of tÂ· 4 )0 , to - Fic - and including the date and time of the public hearing. A photo~ ze posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from tÂ¥!8'Mm#itinity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 1.. 0 D 0 0 ... Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses o f mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 4.24.09Â»- Signature The foregoing "Affidavit of Notice" was acknowledged before me this'21?Ly 204 by Mlac -tho RApon 4/0Â¥.*amf. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4 1 2,4 I 2/013 6 .fLA L. 4144" '08 08Â·ed' Notary Public My Commission ExpiIN*Ill ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 December 14, 2009 Mr. Kent Kleppinger Â»ftÂ·Â·rvÂ· 'Â·â€¢/ a"wÂ·,sd , 1047 Vine Street THE CITY OF ASPEN Aspen, CO 81611 ' RE: APPEAL OF AN INTERPRETATION (Permitted uses in the SCI zone district) Dear Kent, , As required per Section 26.316.020 D., Notice Requirements, of the land use code notice is hereby given that a public hearing will be held on Monday, January 11, 2009, to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen. The purpose of the hearing is to consider an appeal of an Interpretation that you submitted. The Interpretation determined that the growing of medical marijuana is not a permitted use in the Service/Commercial/Industrial (SCI) zone district. For further information, please feel free to contact me at 970.429.2759 or by email Jennifer.Phelan(*ci.aspen.co.us. A memo will be emailed to you in the near future. Regards, (3-*64-~ Jenifer Phelan Deputy Director - 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 Â· PHONE 970,920.5000 Â· F.AX 970.920.5197 www. aspengov.com - Printed on Recyded Paper 1 714-. ,~. N! DU\An j E 44-ek- -'' <Â£~ 0004426326 DEC 1 4 200 9 -- i.XES POS, e w0Â¢25/ERW,8FATEEijaF veÂ·25- 9 r ITNEY BOWES THE CITY oF ASPEN Q#*311*UM 02 1A $ 05.540 130 SOUTH GALENA STREET l~ MAILE[) FROM ZIPCODE 81611 ASPEN, COLORADO 81611-1975 91 7108 2133 3936 9381 9121 1% 9.401- toppÂ»,4- ~ D i~-1- tvu Slvt-Ar) 44/ go 26\6 il ~ Printed On Recyded Paper 4 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 8-Sionatul~LA._,,1 â€¢ Complete items 1,2, and 3. Also complete CilÂ«Â»33 item 4 if Restricted Delivery is desired. [] Agent â€¢ Print your name and address on the reverse O Addressee so that we can return the card to you. ~E-*Eg- by (Prir0~Name) C. Date ofpelivew â€¢ Attach this card to the back of the mailpiece, or on the front if space permits. 4~Â«ST )440 1<K-Ap , U/-1/3 D. Is delivery address different from item 1-Yes ' / 1. Article Addressed to: If YES, enter delivery address below: O No Merit K le pp i n0 er 10 41- Vin i St . 3. Service Type Asptn CO %1611 Â¤ Registered Â¤ Return Receipt for Merchandise O Certified Mail Â¤ Express Mail Â¤ Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) Â¤ Yes 2. Article Number gransfer from service label) 91 7108 2133 3936 9381 9121 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail - Postage & Fees Paid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 0 Jennifer PhdAn 130 S (FlaÂ£Â£4 A Spth ' CO 21& 11 THE CITY OF AspEN Land Use Application Determination of Completeness Date: November 13,2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0076,2009.ASLU - Appeal - SCI zone. The planner assigned to this case is myself. J Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all o f the submission contents listed above have been submitted and are to the satisfaction of the City o f Aspen Planner reviewing the land use application. ~~4Your Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, LJÂ¢hnifer Phela,~eputy Director City o f Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc ATTACHMENT 2 -LAND USE APPLICATION eD)-CAL /nAA"juANA PROJECT: Ina,Juacrocil\167 Name: (0'AU~ X LA J ,%-Al- LES ~f (Onn \4*3 Â·AL t.600\..29*UP gliwil Location: uÂ»1 9.10 41*02 PL OUTE J), 1,11 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 3-73707 30 5 059 APPLICANT: Name: UkiT PI\- 4.-,Leee, 14 6188_ Address: \047 8,06 â‚¬L hAR* 03 56lkil Phone #: 970- 99 8- 6547 REPRESENTATIVE: Name: fÂ»Â»~ 2. A-eove Address: Phone #: TYPE OF APPLICATION: (please check all that apply): U GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment ~ Special Review U Subdivision U Conceptual SPA Â£ ESA-8040 Greenline, Stream U Subdivision Exemption (includes Â£ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) TJAC/\41- C ,~Â»/U*430\ 44 fikÂ¢CE- \4 f'32Â«2Â»6>Â·.j \5<-4 i:>~._Â«(2 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) (~,AmmEÂ¥~2 <U A L l..1-4:2>u/6.RUFF jÂ¥\Gil)) C.%-L re*kr '\ uP+i Jht- rÂ«Ad VIACTUN A(--1 Have you attached the fullowing~ FEES DUE: $ H Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Forin U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTM El, y t.,4-+USPEN h'TU V 06 2009 Agreement for Pavment of Citv of Aspen Development Application .%N.UNITY DEVELOP,mIT CITY OF ASPEN (hereinafter CITY) and ~DST 11\ 6-repi *6.?erk (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for (Cy~NAR<36{ Pr\_ UjÂ«'uZEÂ·>Ake Al\,3010./\L A\Ke-\3041 or (*f'NEACTUQ-\ AblzÂ·~ fkci\-iT*~ (hereinafter. THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission. Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of $ 735=1 which is for J hours of Community Development staff time. and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPI,ICANT By: By: j4AT m . Ll- .appiA\66[k Chris Bendon Community Development Director Date: ll/06/01 Billing Address and Telephone Number: \04-1 \fieg- =r Aiâ‚¬GA i An 3\61\ 4-70-9qg-6697 V-1 To: City ofAspen Community Development Director NO Â¥ 0 From: Kent Kleppinger c CITY (,r 0 2uuy Date: November 5,2009 Re: Appeal of Interpretation ofTitle 8010*/rl> 04-'ir<N4 Dear Sir, I would like to appeal to city council the land use interpretation I received on 10/29/09, under section 26.316.030(A) ofthe land use code. I have included a check for $735.00 for administration fees as directed by Sara Adams on 11/04/09. Please schedule me on the city council docket as soon as possible. Thank you. t 1 Sincerely, 1 91*44 lg- Attachments: Original request letter. Community Development Interpretation To: City ofAspen Community Development Director From: Kent Kleppinger Date: September 25,2009 Re: Request for Interpretation ofTitle Dear Sir, My name is Kent Kleppinger, I am an Aspen citizen and property owner. I am contracting for the purchase of a parcel in the S/C/1 zone district for which I have a specific use in mind. I intend to use the space as a commercial medicinal marijuana manufacturing facility. Based on this, I am requesting an interpretation oftitle under section 26.306.010 ofthe land use code to confirm the use as one which is permitted in the S/C/I district. Section 26.170.160 of the land use code states that the purpose ofthe S/C/I zone district is to "preserve and enhance locally serving, primarily non retail sinall business areas to ensure a more balanced permanent community; to protect the few remaining small business parks historically used primarily ti, r light industrial uses, manufacturing, repair, storage and servicing o f consumer goods, with limited retail, showroom, or customer reception areas. The S/C/1 zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes and permits customary accessory uses". Section B Permitted Uses 1) S/C/1 uses which may use up to 100% of the floor area tbr retail sales, showroom, or customer reception include the manufacturing, repair, customizing, servicing, detailing, sales and rental of consumer goods such as: 2) S/C/1 uses which may use, in combination, up to 25% ofthe tloor area for accessory retail sales, showroom or customer reception including the manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as, electronic equipment; floral arrangements; furniture; clothing; or sporting goods: This use fits within the Service/Commercial aspect ofthe zone based on the following. 1. Product manufactured at this facility will be sold primarily to local retailers. 2. The S/C/I zone district was meant for light industrial usage without a retail element. 1 require no retail element and will generate no traffic in the complex or vicinity. There will be no showroom or customer reception area. I feel that my proposed use meets the light industrial criteria based on the following. 1. The equipment required for systematic production is defined as industrial and includes commercial grade HVAC systems, HID lights and ballasts, fluorescent lights, digital timers, room controllers, commercial fans, air pumps, water pumps, humidifiers/de-humidifiers, reverse osmosis systems, C02 injection systems, carbon filters, water tanks and multiple 55 gallon reservoirs, etc. 2. The provisions in the permitted uses section ofthe land use code use the phrase "Such As" and are not limited to those examples listed. The words "Such As" allow the flexibility needed to support the growth ofnew industries that may not be appropriate in other zones. In conclusion, it is my position that my intended use is appropriate within the S/C/1 zone district and that the intent ofthe district was to allow a unique manufacturing business like mine a chance to succeed. The spirit ofthe zone is to accommodate uses that are not applicable in the other zone districts in Aspen. Thank you and I look forward to your response. Sincerely, Kent Kleppinger CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.710.160 EFFECTIVE DATE: October 29,2009 ~ 6-MR Â·,8*-. Pkwl er.DÂ¢f53 :CD YOS. WRITTEN BY: Jennifer Phelan, Deputy Director APPROVED BY: Â»... Chris Bendon, Community Development Director COPIES TO: John Worcester, City Attorney Planning Staff SUMMARY This Interpretation is being issued in response to an inquiry submitted by Kent Kleppinger with regard to whether the production of medical marijuana is a permitted use in the Service/Commercial/Industrial (S/C/I) zone district. BACKGROUND The S/C/I zone district's stated purpose as outlined in section 26.710.160 A., Purpose, "is to preserve and enhance locally-serving, primarily non-retail small businesses....to protect the few remaining such small business parks historically used for light industrial uses, manufacturing, repair, storage and servicing of consumer goods..." The zone district permits uses that include the manufacturing, repair, customizing, and servicing of consumer goods such as household appliances, automobiles, dry cleaning establishments, and commercial kitchens. 1 . Although the land use code does 110t have a definition for manufacture, Black s Law Dictionary (Exhibit A) defines manufacture as "the process or operation of wares or any material produced by hands, by machinery or by other agency; anything made from raw materials by the hand, by machinery or by art." INTERPRETATION The applicant notes in his interpretation request (Exhibit B) that the product will be manufactured on site and will be sold on a wholesale basis. It also states that equipment, such as commercial fans and water pumps, being industrial in nature and necessary to the production o f medical marijuana fit within light industrial uses. It is staff' s interpretation that the commercial production (or growing) o f any agricultural product, including medical marijuana, is classified as an Agricultural Use. An Page 1 of 2 Agricultural Use is defined in the city's land use code as "the use of land and buildings for the production of crops, animals, animal products and the keeping of livestock including riding stables, arenas, orchards, nurseries, flower production, dairy operations, fisheries, animal husbandry services or similar uses." Under Agricultural Use, the words crop, nursery and orchard are used. Although not , defined in the land use code, all of these words are associated with flora that is grown or planted. The commercial production (or growing) of medical marijuana, is crop production and is considered an Agricultural Use that is not a permitted use in the S/C/I zone district. APPEAL OF DECISION As with any Interpretation by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determiriation within fourteen (14) days o f the date o f the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. ATTACHMENTS A. Definition of manufacture, Black's Law Dictionary, Fourth Edition B. Interpretation request dated 9/25/09 C. Merriam-Webster online dictionary: definition of crop, nursery, and orchard Page 2 of 2