O-7. Adding Retail Marijuana Establishments to the Town’s Zoning Regulations

Palisade Board of Trustees
Date of Vote: Tue, May 23rd 2017
Polls (closed):
Yay (0)    Nay (0)

Summary

                    An Ordinance of the Town of Palisade, Colorado, Amending the Land Development Code by Adding Retail Marijuana Establishments to the Town’s Zoning Regulations.

Ordinance 2017-07 will amend the Town’s Land Development Code by adding standards for retail marijuana businesses. On November 8, 2016 the residents of the Town of Palisade voted during the general election to authorize the establishment and operation of retail marijuana stores, retail cultivation facilities, retail marijuana manufacturing facilities, and retail marijuana testing facilities. Before these businesses may begin operations, however, the Town must adopt the regulations and requirements for land use approvals and licensing. This amendment to the Land Development Code establishes the zoning requirements separate from the licensing standards that will be incorporated into the Town’s Municipal Code.
                
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                    Retail Marijuana Free Zone The amendment established the downtown core as a Retail Marijuana Free Zone where no retail marijuana business may operate. The area generally extended a block north of the Union Pacific Railroad; a block east of Main Street; a block south of West Third Street; and to the east side of Kluge Avenue. No retail marijuana business would be permitted within the designated area. 

Distance from Schools The proposed amendment also prohibited retail marijuana businesses within 1,000 feet of schools and pre-schools. As in the case for the downtown core, retail marijuana uses were not permitted within 1,000 feet of Taylor Elementary School, Palisade High School or the Noah’s Arc preschool regardless of the zoning. Measurements were determined by the distance between the boundary of the licensed premises of the retail marijuana business and the boundary of the school property. 

Hours of Operation Minimum standards also included hours of operation. Specifically, retail marijuana stores would only be open to the public between the hours of 8:00 a.m. and 10:00 p.m. with daily deliveries limited to before 9:00 p.m. and after 7:00 a.m. Shipping and receiving to the retail marijuana cultivation, products manufacturing and testing facilities were limited to between the hours of 4:00 a.m. to 10:00 p.m. 

Filtration Systems The amendment, as presented, required that all retail marijuana businesses utilize air filter scrubbers or charcoal filtration systems and that no odors would be perceptible at the exterior of the retail stores or at any property that is adjacent to a retail store.

Indoor Cultivation Finally, all retail cultivation facilities were not permitted as out-door facilities but were limited to operations conducted entirely indoors.

Post Planning Commission:

Since the May 1 Planning Commission, the Board of Trustees held a workshop session on May 16. The marijuana free zone boundaries, as recommended by the Planning Commission, were discussed by the Board, and a consensus was reached to incorporate the boundary as recommended by the Planning Commission, but to add the parcel north of the Union Pacific Railroad

The Board may approve Ordinance 2017-07 establishing new land use regulations for the retail marijuana establishments. Two ordinances options are included in the Board’s packet for consideration:

OPTION A: Ordinance 2017-07 as recommended by the Planning Commission, or  OPTION B: Ordinance 2017-07 as recommended by the Planning Commission with the boundary of the Marijuana Free Zone as modified at the May 16 work-session.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.