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HomeMy WebLinkAboutR09-104 Extension of Temp Reg Medical Marijuana DispensariesCommissioner ~~~~~-`'moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF C LORADO RESOLUTION 2009-~ EXTENSION OF TEMPORARY REGULATIONS LIMITING THE LOCATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN UNINCORPORATED EAGLE COUNTY TO ALLOW TIME FOR COUNTY STAFF AND PLANNING COMMISSIONS TO HEAR AND RECOMMEND AS TO ADOPTION OF AMENDED LAND USE REGULATIONS IMPLEMENTING THE PERMANENT REGULATIONS AND TO PERMIT PREPARATION BY THE GENERAL PUBLIC FOR A FULL PUBLIC HEARING ON SUCH REGULATIONS PRIOR TO PERMANENT ADOPTION 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 voters of the State of Colorado, in November, 2000, approved Amendment 20 to the Colorado Constitution legalizing medicinal marijuana dispensaries; and WHEREAS, a Colorado State Court recently has rejected a regulatory attempt to restrict suppliers of medicinal marijuana to no more than five patients; and WHEREAS, the State of Colorado has not adopted regulations to regulate the locations and operations of medical marijuana dispensaries with the State that would apply to unincorporated Eagle County; 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 authority 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 County 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 future inhabitants of Eagle County by protecting both urban and non-urban development; conserving the value of property and encouraging the most appropriate use of land; and WHEREAS, the Eagle County 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; and WHEREAS, the Board of County Commissioners, based on its finding 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 County's best interest, and that it is consistent with the Land Use Act and the County Planning Code to study the potential impact of Medical Marijuana Dispensaries within the County, adopted on September 8, 2009 a Resolution No. 096 Adopting Temporary Regulations to limit the Location of Medical Marijuana Dispensaries with Unincorporated Eagle County for a period of 30 days; and WHEREAS, in accordance with the Land Use Regulations Chapter I, Article 1.04, during this 30 day period, a 15 day public notice was given advertising a public hearing on Medical Marijuana Dispensaries and the need for temporary regulation; and WHEREAS, pursuant to Chapter 1, Article 1.04 Temporary Regulations, of the Eagle County Land Use Regulations, the Board of County Commissioners may by Resolution adopted at such public hearing extend the duration and effectiveness of the temporary regulations for a period not to exceed six (6) months; and WHEREAS, the Board of County Commissioners, at such public hearing, has determined, based on the testimony of the Planning Staff presented to it at such hearing, that full and proper consideration of possible permanent regulations as to the location of Medical Marijuana Dispensaries within Eagle County requires that the temporary regulation adopted on September 8, 2009 be extended to March 2, 2010, subject to adoption of permanent regulations before that date. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMiSSiONF,RS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the September 8, 2009 Temporary Regulation Resolution No. 096 is extended to March 2, 2010 to allow the County sufficient time to review, study, hold public hearings and prepare and adopt permanent amendments to the Eagle County Land Use Regulations relating to Medical Marijuana Dispensaries and related uses in unincorporated Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the ~ day of October, 2009. A"1„I'ES"I': COUNTY OF EAGLE, S"TATE OF COLORADO, By and Though It BOARD OF COUNTY COMMISSIONERS By: Sara J. Fish - ~... Chai ian _, -~ ... J :^ ~ y A ~Y --~--- - ~ Peter I~'. Runyon `, -~ Commissioned! _ Joq Stavney Commissioner I`"'~--~`~1 ~^- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher Commissioner Runyon Commissioner Stavney `~ H _ 4 G~ "This Resolution passed by `~ / b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. County Commissioners