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HomeMy WebLinkAboutR09-096 Temp Reg Medical Marijuana Dispensaries`- ~-~ Commissioner ~[.C"~C y~"t e~ moved adoption of the following R,~~ lution: , BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2009-~- ADOPTION OF TEMPORARY REGULATIONS TO LIMIT THE LOCATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN UNINCORPORATED EAGLE COUNTY WHEREAS, Eagle County, Colorado (the "County") is a political subdivision of the State of Colorado (the "State"), duly organized and existing pursuant to the laws and the Constitution of the State; and WHEREAS, The Local Government Land Use Control Enabling Act, ~ 29-20-101. et seq., C.R.S. ("Land Use Act"), and the County Planning Code, § 30-28-101 et seq., C.R.S. ("Planning Code") expressly delegate paramount a~~thority to counties to implement land use regulations on unincorporated territory within their boundaries; and WHEREAS, Eagle County is experiencing numerous inquiries regarding the establishment of Medical Marijuana Dispensaries within the unincorporated regions of the Col~nty and, indeed, the opening of one or more such establishments within unincorporated Eagle County; and WHEREAS, the Eagle County Land Use Regulations currently do not specifically address Medical Marijuana Dispensaries; and WHEREAS, the Eagle County Land Use Regulations are designed to promote the health, safety, convenience, order, prosperity, and welfare of the present and fiiture inhabitants of Eagle County by protecting both urban and non-urban development; conserving the value of pi°operty and encouraging the most appropriate use of land. WHEREAS, the Eagle Counry Land Use Regulations are further intended to protect the public health, safety, and welfare by regulating the location of activities and use of land on the basis of the impact thereof on the community or surrounding areas; and otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. WHEREAS, the County finds that it is essential to protect and preserve the environment and the public health, welfare and safety of the County and its citizenry, that it is in the Co~~nty's best interest, and that it is consistent with the Land Use Act and the County Planning Code to study the potential impact of certain uses, including Medical Marijuana Dispensaries, and development within the County; and WHEREAS, pursuant to Chapter 1, Article 1.04 Temporary Re~~ilations, of the Eagle County Land Use Regulations, the Board of County Commissionecs has determined that due to recent and heightened interest in estabtishing Medical Marijuana Dispensary businesses within unincorporated regions of Eagle County that it is appropriate to promulgate via this resolution temporary regulations of a nature to be effective for a limited period not to exceed 30 days. WHEREAS, during this 30 day period, a 15 day public notice shall be given in advertising a public hearing to discuss Medical Marijuana Dispensaries and the need for temporary reg~ilation and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to exceed 6 months. The nature of the temporary regulation may prohibit or regulate in any part or all of the L~nincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business, residential, industrial or commercial purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the purpose of this Temporary Regulation Resolution is to enable the County sufficient time to review, study, hold public hearings and prepare and adopt an amendment or amendments to the Eagle County Land Use Regulations relating to the development of Medical Marijuana Dispensaries and related uses in unincorporated Eagle County. THAT, the intent of this Temporary Regulation is not to ban all Medical Marijuana Dispensary locations while drafting, adopting and implementing permanent regulations rather, it is intended to limit Medical Marijuana Dispensaries to locating only on pi-operties c~~rrently lying within the Commercial Limited, Commercial General or Industrial Zone Districts. Further, this Temporary Regulation will expressly prohibit Medical Marijuana Dispensaries from locating within 200 feet (measured in a direct line between the Medical Marijuana Dispensary establishment and the closest point on any commercial, residential, religious or mixed-use building) of any residence, church or religious institution, drug or alcohol rehabilitation facility, or any public community center or publicly owned or maintained building open for use to the general public. F~u-ther, Medical Marijuana Dispensaries shall not be located within 500 feet (measured in a direct line between the Medical Mai-ijuana Dispensary establishment and the closest point on any public or private school or licensed child care facility or the perimeter of a public park or playground) of any public school, private school, public park or playground, or licensed child care facility. THAT, Medical Marijuana Dispensaries are expressly not allowed as Home Occupations or Home Businesses nor shall they be allowed to locate within any residential or agricultural zoned property within the unincorporated territory of Eagle County. THAT, any Medical Marijuana Dispensaiy in existence ailcl in operation within the unincorporated territoiy of Eagle County prior to September 8, 2009 will be considered by Eagle County as a non-conforming use and may be required in the future to meet any and all new Medical Marijuana Dispensary regulations that are drafted, adopted and implemented by Eagle County in order to be considered as a conforming use by the County. THAT, the puipose of this provision is to define words, terms and phrases contained in this Resolution. Definitions are as follows: (1) "Medical Marijuana Dispensary" means and includes the use of any property or structure to disti-ibute, transmit, give, dispense, or otherwise provide marijuana in any manner, in accordance with Section 14, of Article XVIII of the Colorado Constitution. (2) "In existence and in operation" means that the facility is currently distributing, transmitting, giving, dispensing or otherwise providing medical marijuana to patients or has expended a substantial sum of money towards that purpose. The signing of a lease prior to September 8, 2009, in and of itself, shall not constitute a substantial expenditu-•e. MOVED, READ AND ADOPTED, by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 8`h day of September, 2009. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ~~~~~ Sara J. Fisher, Chairman ~ ~~ ~ ~ ~cter~F. Runyon Jdn Sta Clerk to the Board of County Commissioners Commissioner ~'~~~~~~~aq~~~~l seconded adoption of the foregoing resolLition. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher GC~/~ Commissioner Peter F. Runyon - i~ Commissioner Jon Stavney ~ ~ ~~ This Resolution passed by •'~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.