A bill for an ordinance amending Chapter 59 (Zoning) of the Denver Revised Municipal Code relating to Former Chapter 59 uses and limitations. (NEIGHBORHOODS & PLANNING) Revises the Denver Revised Municipal Code, Section 59-2, to align with zoning limitations passed in 2013 to limit and control growing marijuana for personal use in private homes. The Committee approved filing this bill at its meeting on 8-6-14.
It has been moved. And second, the public hearing for Council Bill 610 is open. May we have the staff report? Good evening, Councilor Tina, Axel Rev, Community Planning and Development. This Council bill is pretty straightforward. We are going to try to put on the same playing field properties in the city of Denver that have zoning under our old code with properties that are zoned under the new code. We just want to apply the same rules consistently throughout the city on what in how you can grow marijuana at home for personal use. Jeannie Ras Councilwoman Jamie Robb is the ordinance sponsor. We've worked closely together with the councilwoman at KPD and with the city attorney's office to bring this bill before you. We have provided early notification to R.A. through posting on our website and through notice notifications throughout this public adoption process. The Denver Planning Board considered this ordinance request on July 16th and voted 10 to 0 to recommend approval to the City Council at this bill. Currently, we have in place in the City of Denver some standards for growing marijuana at home under the Colorado Constitution. These were adopted in 2013 and they are summarized on this slide. Generally, you're allowed to grow no more than six plants per adult and no more than 12 plants per total per household. Any marijuana grown at home must be grown in a completely enclosed structure. You cannot use common areas if you live in an apartment building or condo building. That marijuana that you do grow at home is only for personal use and cannot be resold or distributed otherwise offsite. And the key thing here is that these limited limitations apply only to residential properties with Denver zoning code zoning. Examples of those codes are shown above. The challenge is that inadvertently we did not think because we've got two codes and we often forget that we have two codes in the city of Denver. At the time we adopted these in 2013, we didn't extend the same limitations to residential properties with all codes zoning. Those are the are one or twos or twenties with waivers or pads with residential units in them. So what we have is a very unlevel playing field as far as the rules go. If you're in one of these homes under an old code zoning, you would still be limited by state law to no more than six plants per adult, but you'd have no similar limit on the total number of plants per household. In other words, it could be more than 12 plants, and there's no similar prohibition on growing marijuana outdoors. Some of the words you might be able to have it outdoors if you could grow it inside a lock fence enclosure. But that's all that the state law and constitution require doesn't require to be moved inside. Just at a glance. Here's a map showing you where we have all codes zoning today in the city of Denver. Everything you see colored is an old code zoning district mapped. Now, this includes all land uses, but it's approximately it's over 16,000 acres of land in the city that have all code zoning. In terms of the number of homes or residences in play, it's about 20%. Our best estimate of all the residential units in the city of Denver are still under old code zoning. So this does affect quite a few homes in the city of Denver. So the proposed change is simply to amend the city's municipal code. This is an amendment to the Denver revised municipal code, not to the new code, because that's not going to help us reach or code zone land. And we'll simply state the gardens are allowed as accessory to a home use and that if you have a garden with your home and you want to grow marijuana, that's allowed. But it's going to be subject to the same limitations in the new Denver zoning code. And it just point you to that direction to say, do that. This is the proposed language. I won't linger here, but that's what you'll see in your touch red line and what's in the ordinance before you. And then our review criteria generally is spelled out in more detail in the staff report. Staff has has conducted its analysis and has found that the amendment is consistent with the city's adopted plans, that the amendment will further public health, safety and general welfare and will result in regulations that are uniform in each zone district throughout the city. Whether your old code or new code zoned so upon two are finding that we that the that this ordinance meets the criteria we're recommending to you tonight that you approve the text amendment. Thank you. Thank you. Thank you. Tina. We have one individual signed up to speak today. And Mr. Texter, you may come on up and speak when you're ready. Thad, Texas 4535. Julian Street, Denver, Colorado. I was pleased to learn last Monday that because of your actions, Billy the Elephant and all the other animals at the zoo will have plenty to eat this winter and a warm place to sleep. No elephants will be dying in our alleys or by our rivers. It's too bad the same cannot be said of our homeless citizens. I guess this means that Denver must be thought of as a city that thinks more of its pachyderms than its people. Thank you. Thank you, Mr. Jackson. All right. We are on to questions. Any questions from members of council? Councilwoman Fox. Thank you, Mr. President. A question, please. When I saw the word garden as it relates to marijuana and I heard that the discussion of garden I'd like for you for people at home to mention whether we are talking about outdoor flourishing gardens. A garden as accessory to a home. Your home, for example, could be outdoors, and many of them are and maybe most of them are that we see around our neighborhoods. But it could also be enclosed inside a greenhouse that would be considered a necessary garden as well. And in fact, if you want to grow marijuana, you've got to it's got to be completely enclosed. So either you're going to have it inside your your greenhouse or inside your house like a container garden in your basement under lights. That was the clarification I was looking for because I don't want people hearing this and then immediately planting right along beside their lettuce. Right. Marijuana doesn't work that way, folks. Completely enclosed for four walls on a roof. Thank you, Councilwoman Fox. Councilwoman Robb. Thank you, Mr. President. And this is sort of a clarifying question, Tina, on a technicality, I guess, but we are amending our municipal code so that this applies to the old code. So really see if I've got this right. We are amending sort of the enactment ordinance when we put the new code in place that told how we were going to transition between old and new and what things still applied and what changed. That's correct. Okay. Thank you. Thank you. Councilwoman Robb. Councilman Lopez. I'm sorry. I actually had a comment, so I'll hold on to the comments. Okay, great. Any other questions from members of the council? And seen none. The public hearing is closed for counsel ten. Now we're on to comments from members of Council Councilwoman Robb. Thank you, Mr. President. I became aware of the need to make this change partially through conversations with the police. Although this is not a criminal act to grow more than 12 plants at your home, but rather is enforced through zoning in the administrative but in from both the police. In our in is inspectors a neighbor might call and complain about another neighbor growing an excessive amount of marijuana. And it's easy to say, oh, no, we don't allow that in our code. And then lo and behold, look and see that no in that house next to yours, because it may be a different PD than the one your house is in or just across the street, a different zone district that's under the old code. Yes, indeed. That neighbor has that right. So I think this is an important housekeeping measure to take so that the enforcement is clear to the enforcers as well as the people who are being enforced upon. Is that the right verbiage? I think it's really significant to look at the map that Tina brought tonight because 20% of the city's a significant part of the city. And if you look at that map, you do see how irregular the placement is. So it takes more than just a good guess about where our past measures apply and where the current. Yeah. And where it now it'll cover the whole area. So I urge my colleagues to support this. Thank you. Thank you, Councilman. Councilman Lopez. Thank you, Mr. President. I just I wondered why that Basil grown in the side of my house tasted funky and then my mouth really numb. No, I'm just kidding. Now I just miss. And I. I do think this is a smart catch and I am very supportive. I know that there was a lot of confusion in our district around that around this amendment. And I think this clears it up. I, too, got communication from the police department about this. So it's going to be good. Thank you. Thank you. Councilman Lopez, any other comments from members of council? Scene. Madam Secretary, roll call. Rob Shepherd I Susman I Brooks high brown i fats I can eat lemon high Lopez Monteiro I Nevitt. Hi, Ortega. Hi, Mr. President. Hi, Madam Secretary. Please close the vote. And now the results. 3930 916 has been placed upon final consideration and and does pass. All right. We are ready for the second public hearing, which is on Council Bill 665. Councilwoman Sussman, will you please put six, six, five on the floor? Thank you, Mr. President. I move that council bill six, six, five be placed upon final consideration and do pass.