Cripple Creek approves zoning changes to address marijuana sale locations | Pikes Peak Courier

The Cripple Creek City Council approved at its April 19 meeting, a resolution addressing zoning regulations governing the location and operation of businesses offering retail or medical marijuana for sale and/or distribution.

On November 8, Cripple Creek voters approved Ballot Issue 2C, authorizing the city council to amend the city’s municipal code permitting and licensing regulated marijuana facilities within the city limits, and 2B, authorizing the levying of taxes on the purchase price paid or charged for sales of marijuana.

It was brought to council’s attention that the city had no current land use regulations regarding marijuana businesses. In order to be consistent with surrounding land uses, local regulations are required regarding the location of marijuana stores so that marijuana stores are not established in areas that would conflict with the city’s comprehensive land use plan.

Council approved revised zoning regulations providing for establishment of retail marijuana stores and medical marijuana stores within specific zone districts of the city that are subject to the granting of a conditional use permit.

The resolution states that distances will be “…computed by direct measurement, as a crow flies, from the nearest property line of the land used, to the nearest property line of the property upon which the medical marijuana store or retail marijuana store is located.”

In addition, “Each medical marijuana store or retail marijuana store shall be operated from a permanent location. No medical marijuana store or retail marijuana store shall be permitted to operate from a moveable, mobile or transitory location.”

The resolution guidelines state that, when reviewing a conditional use application, the proximity and compatibility with the following uses shall be considered as follows:

• The exterior boundary of any residential zone district; and

• Any residential community clubhouse, designated recreation trail, library, hotel, or any publicly owned or maintained building open for use to the general public.

The resolution states that no medical marijuana store or retail marijuana store shall be located:

• Within 1,000 feet of any educational institution or school, whether public or private (this distance limitation shall not apply to property owned by an educational institution or school unless an actual school building is located on Medical Marijuana Store and Retail Marijuana Store on the property);

• Within 500 feet of any church;

• Within 500 feet of a licensed childcare facility;

• Within 500 feet of any alcohol or drug rehabilitation facility;

• Within any building or structure that contains a residential dwelling or lodging unit;

• Within 500 feet of an existing medical marijuana store or retail marijuana store as measured from nearest property boundaries regardless of whether such existing establishment is located within or outside of the City;

• Within 250 feet of any public park, public pool, or public recreational facility;

• Within 500 feet of any private community recreational facility; private community recreational facility excludes pools, gymnasiums or similar facilities located within a hotel or casino; or

• Upon any City of Cripple Creek owned property.

Penalties for violation of fire ban established

Fire Chief Joe O’Coner presented an ordinance to establish penalties for fire ban violations within the Cripple Creek Municipal Code- which was approved.

The ordinance restricts open fires and open burning within the city limits to prevent forest and grass fires given the high danger of such fires as a result of atmospheric conditions, including lack of moisture, and other local conditions.

Violation penalties may include punishments up to a fine not exceeding $2,650.00 or by imprisonment not exceeding one year or both.

The ordinance states that fires caused in violation of any enacted fire ban can be investigated as a misdemeanor or felony arson violation, subjecting violators to any penalties provided under Colorado statutes.

The city’s Police Department, administering agencies of the state and federal lands located therein, “…shall have authority to order any person to immediately cease any violation of this ordinance. This authority shall include, but not be limited the right to issue a penalty assessment notice and the right to take such person or persons into temporary custody.”

P.U.D. conditionally approved

In other city business, the council conditionally approved M. A. R. Holdings request for a Planned Urban Development (PUD) Concept Plan for the construction of up to 519 apartment units and a clubhouse. The 20-acre Mountain Meadows project is located at the southwestern corner of Cripple Creek. Approval of a P.U.D. Concept Plan is the first step of the P.U.D. process and establishes basic dimensional standards, appearance and layout of the project.

Moratorium on signage enacted

After discussion, and upon staff recommendation, the council approved a moratorium on sign applications / permits for a period of 120-days. This will allow the council, staff and city attorney to review the current sign ordinance.

The moratorium comes on the heels of the disapproval of signage proposed by Century Casino, which was not considered to be in line with the city’s National Historic District designation standards. The historic character has been determined by a 1991 ordinance to be the period of significance which is between May 1896 and December 1910. Century’s sign design from the 1950’s is not within that period of consideration.

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