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Home My WebLink Aboutordinance.council.039-13 ORDINANCE No. 39 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 26,THE LAND USE CODE, REGARDING RETAIL MARIJUANA. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare code amendments related to retail (aka recreational) marijuana; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach, including outreach directly to professionals within the medical and recreational marijuana industry and holding a public work session with the City Council; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code as described herein; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.104.100 of the City of Aspen Land Use Code, which section defines terms used within the Land Use Code, shall be amended by adding the following terms and definitions: Liquor Store. A commercial establishment engaged in the retail sale of alcoholic beverages, with no on-site consumption, and subject to local licensing allowances and restrictions. Pharmacy. A commercial establishment engaged in the retail sale of prescription medicine, with no on-site consumption, and subject to State licensing allowances and restrictions. Marijuana, Retail Establishment. A commercial establishment which may include any combination of the following uses: Marijuana Retail Store, Marijuana Cultivation Facility, Marijuana Product Manufacturing Facility, and Marijuana Testing Facility. Marijuana Retail Store. A commercial establishment engaged in the retail sale of marijuana, with no on-site consumption, and subject to local licensing allowances and restrictions. Ordinance No.39,series 2013, P a 'lo 1 Marijuana Cultivation Facility. A commercial establishment engaged in the growing and production of marijuana for wholesale distribution, with no on-site consumption, and subject to local licensing allowances and restrictions. Marijuana Product Manufacturing Facility. A commercial establishment engaged in the preparation or adaptation of marijuana into marijuana products for wholesale distribution, with no on-site consumption, and subject to local licensing allowances and restrictions. Marijuana Testing Facility. A commercial establishment engaged in the technical evaluation of marijuana or marijuana-related products for safety, quality, potency, or other metrics or measurable effects, with no on-site consumption, and subject to local licensing allowances and restrictions. Marijuana, Medical Establishment. A commercial establishment engaged in the retail sale of medical marijuana, with no on-site consumption, and subject to local licensing allowances and restrictions. A Medical Marijuana Establishment may include a medical marijuana center, infused product manufacturing facility, or optional premises cultivation facility as such terms are defined in the Colorado Revised Statutes. Section 2: Chapter 26.104.100 of the City of Aspen Land Use Code, which section defines terms used within the Land Use Code, shall be amended by changing the following terms and definitions to read as follows: Agricultural uses. 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. Agricultural uses shall not receive the general public or support a membership or academic club. Uses incidental to a residence (such as a backyard ag rden) shall not constitute Agricultural uses unless intended to support wholesale or retail sales. Cultivation, Manufacturing, and Testing of Medical or Retail Marijuana shall not be considered Agricultural uses. Retail and Restaurant Uses. Commercial establishments engaged in the selling or renting of consumer goods and merchandise and the preparation and serving of food and drink to the general public. The sale or rental of products manufactured or enhanced on-premises and the rendering of services incidental to the sale or rental of such products shall be permitted. Retail and restaurant uses shall include restaurant, nightclub and bar, food market, neighborhood cafe, movie theater and the sale or rental of motorcycles, motor-driven cycles and motorized bicycles as defined by Section 42-1-102, C.R.S., non-motorized vehicles such as bicycles, clothing, sporting equipment, jewelry, books, videos, pharmacy, liquor store, medical marijuana establishment, retail marijuana establishment, hardware, furniture, art and similar uses and activities. Office and service uses shall not be considered retail uses. Service uses. Commercial establishments engaged in providing personal or financial services to the general public including banking, dry cleaning, laundromat, tailoring, mortuary, post office branch, shipping and receiving services, personal or sporting equipment Ordinance No. 39, series 2013, P c, £; ,, 2 storage lockers, barber and beauty shop, tattoo parlor, pharmacy, medical marijuana establishment, instructional or performing arts studio with no public performances, health and fitness facility, spa, and similar activities. Accessory retail sales of products associated with the primary service use are permitted. Section 3: Section 26.710.160.13.2 of the City of Aspen Land Use Code, which section identifies land uses permitted in the Service Commercial Industrial zone district which may contain up to 25% of the floor space as retail, shall be amended to include the following uses: Marijuana Cultivation Facility, which may include up to 25% of the floor space used for a medical marijuana establishment or a retail marijuana establishment (i.e. sales). Marijuana Product Manufacturing Facility, which may include up to 25% of the floor space used for a medical marijuana establishment or a retail marijuana establishment (i.e. sales). Marijuana Testing Facility, which may include up to 25% of the floor space used for a medical marijuana establishment or a retail marijuana establishment (i.e. sales). Section 4: Effect Upon Existing Litigation. This ordinance 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. Section 5: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. Section 6: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty(30) days following final passage. Section 7: Notice of Public Hearing. A public hearing on this ordinance shall be held on the 15th day of October, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S. Galena St., Aspen, Colorado, a minimum of fifteen days prior to the hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. [signatures on following page] Ordinance No. 39,series 2013, ?' <3 3 FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23d day of September, 2013. ATTEST: Kathryn S. K , City lerk Steven Skadr n, Mayor FINALLY, adopted, passed and approved this ! day of ,2013. ATTEST: Kathryn S. K , City Clerk Steven Skad on, Mayor Approved as to form:mes R. True, City Attorney Ordinance No. 39,Series 2013, P age 4 t Ad Name: 9571412A LEGAL NOTICE /J1J`r e ORDINANCE 39,201 3 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#39,Series of 2013,was adopted on first reading at the City Council meeting Septem- Your account number: 1013028 ber 23,2013. This ordinance,if adopted,will ap- prove a land use code amendment regarding rec- reational marijuana. The public hearing on this ordinance is scheduled for October 15,2013 at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website htt p://www.aspe n pitkin.conVD epa rtme nts/C le rk/Le- ga-Notices/ IF you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2687 Published in the Aspen Times Weekly on Septem- ber 26,2013. [9571412] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 9/26/2013 and that the last publication of said notice was in the issue of said newspaper dated 9/26/2013. In witness whereof,I have here unto set my hand this 09/26/2013. f Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 09/26/2013. �� 9-%Jk Pamela J.Schultz,Notary Public Y Commission expires:November 1,2015 PUe`/O PAMELA J. SCHULTZ COt WP C-Isission Expires 11N11a0]5