HomeMy WebLinkAboutR09-116 Extension of Resolution of Temp Reg Prohibit Growing Marijuana
Commissioner ~ % l' ~ `) t-~ ~ moved adoption
of the following Resolution: '
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2009-~~j
EXTENSION OF RESOLUTION FOR
TEMPORARY REGULATIONS TO PROHIBIT GROWING
MEDICAL MARIJUANA WITHIN UNINCORPORATED
EAGLE COUNTY BY PERSONS OR ENTITES OTHER
THAN PATIENTS 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 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 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 growing Medical Marijuana
within the County, adopted on November 3, 2009, by Resolution No. 2009-113, a Temporary
Regulation prohibiting growing of Medical Marijuana by persons or entities other than patients
or primary caregivers in 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, Ai°ticle 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 growing of Medical
Marijuana within Eagle County by persons or entities other than patients or primary caregivers
requires that the temporary regulation adopted on November 3, 2009 be extended to April 27,
2010, subject to adoption of permanent regulations before that date.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO;
THAT, the Temporary Regulation Resolution No. 2009-1 13 is extended to April 27,
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 prohibiting Medical
Marijuana 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 -"~~'~ l day of November,
2009.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ,~: BOARD OF COUNTY COMMISSIONERS
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,j toaa-A° By:
Clerk to the Board of Sara J. Fisher
County Commissioners Chairman
Commissioner ~~~~~~~ '~ seconded adoption of the foregoing resolution.
having been called, the vote was as follows:
Commissioner Fisher ~z
Commissioner Runyon ~` ~" Vic' ,L~-~
Commissioner Stavney c'~~ ~
The roll
This Resolution passed by ~~ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
G:/RLM2/resolutions/growingmedicalmarijuanextension
Peter F. Runyon
