HomeMy WebLinkAboutR10-010 Amending Temp Regs for Medical MarijuanaCommissioner ~~ ~~ ~`'t moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2010 -~ ~ ~
RESOLUTION AMENDING THE 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 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 both the
establishment of Medical Marijuana Dispensaries within unincorporated Eagle County; and
WHEREAS, the County Land Use Regulations currently do not specifically address
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 Medical Marijuana
Dispensaries within the County; and
WHEREAS, on September 8, 2009 the Board of County Commissioners adopted
Resolution No. 2009-096 concerning Adoption of Temporary Regulations to Limit the Location
of Medical Marijuana Dispensaries Within Unincorporated Eagle County and on October 5,
2009 the Board of County Commissioners, via Resolution No. 2009-104, extended the effective
period of said temporary regulations until March 2, 2010; and
WHEREAS, the Board of County Commissioners has determined it is necessary to
amend those temporary regulations as recommended by both the Eagle County Planning
Commission and the Roaring Fork Valley Regional Planning Commission. The Planning
Commissioners believe that the above referenced Temporary Regulations are too lenient and
should be modified to require a 500 foot separation between Medical Marijuana Dispensaries
and incompatible uses as delineated below. This separation is consistent with the current
direction of the draft, permanent regulations.
WHEREAS, pursuant to Chapter 1, Article 1.04 Temporary Regulations, of the Eagle
County Land Use Regulations, the Board of County Commissioners has determined that due to
recent and heightened interest in establishing Medical Marijuana Dispensary businesses within
unincorporated regions of Eagle County that it is appropriate to promulgate via this resolution an
amendment to the temporary regulations.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO;
THAT, the purpose of this amended 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 in unincorporated Eagle County.
THAT, the intent of this amended 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
properties currently lying within the Commercial Limited, Commercial General, Rural Center
and Industrial Zone Districts.
THAT, Medical Marijuana Dispensaries are prohibited from locating within 500 feet of:
^ Any residence,
^ Any church or religious institution;
^ Any drug or alcohol rehabilitation facility;
^ Any public community center or publicly owned or maintained building open for use to
the general public;
^ Any public school or private school;
^ Any public park or playground; or
^ Any licensed child care facility.
5
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the yCo day of
4 v r=-12-~--~ , 2010.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
o~ ~"`Fc
~ ~
s By:
1 rk to the and of * Sara J. Fishe
County Commissioners ~tcat-o° Chairman
~yy ~. ~ 9u~v i ~
Commissioner ~ S ~ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher "
Commissioner Runyon S ~~ ~
Commissioner Stavney }~
This Resolution passed by ~ /~ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
Peter F. Runyon
