In October, the commission voted 4-3 to deny Integral Associated Dena LLC the CUP because some commissioners felt it violated the 600-foot buffer required between the proposed cannabis retail location to residential zones.
City staff is recommending the decision be overturned.
According to a city staff report, “Integral indicated that of the four commissioners that opposed their CUP application, one voted because cannabis is not permitted under Federal law; one because of legislative concerns about cannabis being in an alcohol overlay zone and two misapplied the distance requirements.”
Integral is claiming the Planning Commission failed to rely on substantial evidence in making its findings and failed to properly apply the Municipal Code.
Integral submitted an application to allow for retail sales of commercial cannabis in a multiple-tenant building at 908 E. Colorado Blvd.
Problems arose with the Planning Commission’s interpretation of the end of the 600-foot buffer zone between the dispensary and the residential zone.
The various interpretations discussed at the public hearing included measuring from the property lines of the proposed cannabis retailer location to: The property lines of the nearest residentially zoned parcel, the nearest residential zone boundary line, the residentially zoned portion of the split zoned parcel which is partly residential and partly commercial and the commercially zoned portion of property lines of split zoned parcels which are partly residential and partly commercial.
City staff has interpreted that the measurement should be to the boundary of the nearest residential zone.
“If the distance from the proposed location’s property line is measured to the nearest boundary of a residential district, then such distance is approximately 602 feet.”
The measurement was provided by Integral’s land surveyor.