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HomeMy WebLinkAboutR09-113 Adoption of Temp Regs to Prohibit Growing Med MarijuanaCommissioner ~~~~~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2009- ~ ~ ~ RESOLUTION FOR ADOPTION OF TEMPORARY REGULATIONS TO PROHIBIT GROWING MEDICAL MARIJUANA WITHIN UNINCORPORATED EAGLE COUNTY BY PERSONS OR ENTITES OTHER THAN PATIENT OR PRIMARY CARE-GIVERS 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 of the Constitution of the State; and WHEREAS, the State 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, the County is experiencing numerous inquiries regarding the growing of marijuana for provision in any manner at Medical Marijuana Dispensaries within unincorporated Eagle County; and WHEREAS, the County Land Use Regulations currently do not specifically address growing of marijuana for provision in any manner at Medical Marijuana Dispensaries; and WHEREAS, the County Land Use Regulations are designed to promote the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the 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 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 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 County's best interest, and that it is consistent with the Land Use Act and the Planning Code to study the potential impact of certain uses, including growing marijuana for provision in any manner at Medical Marijuana Dispensaries within the County; and WHEREAS, pursuant to Chapter 1, Article 1.04 Temporary Regulations, of the County Land Use Regulations, the Board of County Commissioners has determined that due to recent and heightened interest in growing marijuana for p-•ovision in any manner at Medical Marijuana Dispensaries within unincorporated 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 the growing of marijuana for provision in any manner at Medical Marijuana Dispensaries and the need for temporary regulation 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 of all of the unincorporated territory of Eagle County, the uses of land, or the erection, construction, reconstruction, use or alteration of any building or structure used or to be used for growing of marijuana for provision in any manner at Medical Marijuana Dispensaries. 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 hearings and prepare and adopt an amendment or amendments to the Eagle County Land Use Regulations relating to the growing of marijuana for provision in any manner at Medical Marijuana Dispensaries in unincorporated Eagle County. THAT, the intent of this Temporary Regulation is to ban all growing of marijuana for provision in any manner at Medical Marijuana Dispensaries in unincorporated Eagle County other than by the persons whose possession or use of marijuana is permitted by Article XVIII, Section 14, of the Colorado Constitution, while drafting, adopting and implementing permanent regulations. THAT, the purpose 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 distribute, transmit, give, dispense, or otherwise provide marijuana in any manner, in accordance with Section 14, of Article XVIII of the Colorado Constitution. i (2) "Provision in any manner" means delivery, distribution, transmission, giving or otherwise providing Medical Marijuana to Authorized Persons. (3) "Authorized Persons" means the patient or primary care-giver as those terms are defined in Article XVIII, Section 14 of the Colorado Constitution. 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 November, 2009. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Boa~`d of County Commissioners _~~--_- y'. Commissioner ~ l'V ~-- ~-, ~~- seconded having been called, the vote was as follows: Commissioner Fisher Commissioner Runyon Commissioner Stavney This Resolution passed by ~~ U the County of Eagle, State of Colorado. of the foregoing resolution. The roll S ~.~.~ i ti N vote of the Board of County Commissioners of