HomeMy WebLinkAboutR10-062 Temp Regulations for Medical Marijuana Cultivation & Production~illttit111Stii()n['C oE'tt~e fUlld«~Izt~; itt~tiolutic}o: _~ - ~~ 1 ~ ~ 131' '~ ~'~ ~ ;~ ..;,~ ~~~1~r2~~~' x. Rt ~ _~ r ~t ~ ~~ t ~ ( ) 3t { ~ ~ I7 l 1 li©~Irl~ c)1:~~ cc~UVT~i~ c~MMl~~zc~}vrx cc}~~i~r~' C)l~ I.~1trl.,~;, 5T.1Tla~ t)r CC)I.C~R~D() ~ t~ ~ f,~ ; . I~Ei;sc~l.U`l~It) l~?O.20IO- I+;XTE?`tilt)~ C)[~ '1't~:~IP~~-RA.I~,~' R~at~[~,r~l`CC}~4'I't? C'I2()Illlil~I' CI~I.TI'~~TiCC) t~i'~1) 1'ltOltUC:`l'It» ()I~ '1'il~:k?IC.1I, h•1~1,IiIJLIAN~~ ~VITHiIti Ui`~IINC()RPCt`EtATII) F;r~C~LI~: GNU\Tl' I3Y E'I?RS+t)~S C)It 131N'I'I'I'I^:S C?THER THAN 'A'I'IFNT~ t)It I'KI~I~R1' Cr1ItI~:-trIVF1RS t'V`III~.RIta~~,l~a~fc County, ~:'o}or~tcict (.the "County",) is a pt?liti~.r1 tihdi~~isisan of the St~ri~~ cr#` C:ol<:tr-ado (the: "State'') duly or•rni~:ed <utd existitt~ lxtrsu;rnt tc~ the I~~titi, o#' the C~}n,itutit7rt r~#'thc State; and 11'1II~:1ZE~;,~~, the, St~ttc i.cxal Govertttttettt Lattd Use Cctntrctl Ln4tbliztg ~ct,~ ?~-?4)~1(~1 et sc~.._,~f_t.S_. ("i.and U5c ,1~ t" j 4rnd talc County Planning Cone, ~_ ~C}-'8-1()# et secs. C:.R.S. "P}annin~; Code".) cxpressC)' ciGiC'`~,ItC; lrrr~utlc>unc authority to cot~t~ties to implement land use re~trlaticxns ort t,nin~.orportzted territ~ary l~ ithin their houn~arics; and ~'HE~,KI:.~S, the Cr~tirty i> e~perienc;in~ ntrmerotts inquiries rc~ttrdnM bout the cst~thlsftmentoi \I<'elic~,tf ~1<3riju:ar~~t~i~pensrrries,.~5~~cl) its,ctilti~:rtic?atcafmarjuanafor i`~ro~rision in any nt;utttt~ .rt tile~lic,a} Mari,jttana Dispen~.rrics ~;ithtt uatincorporated Eagle County; attd ~VIIIIII:Iti, the Courat5 Ltrn~I l)sc Re,ulatons currently do not sped#-cafly address or :t11e~~,t. tht~ cuitiv,rtr~,rt ct#' mat~i_jo~rr~~t l~~r prcz~°sion in any manner at Mecticaf Marijuana Ili,},,:ns~>ric, orr i<~i an} cjthcz° u~c: and 1~`I-II:RIu~~~.:~, the. County Land Use Regulations are de5igntd tc~ prcantcttc tJtc hearth, sat'ety, cottvenencc., ctrdc>r, pro:~{terity, and «rultare c>f the present attd #`uture inhabitants oi~ the Courtly liy prctteetint; both urban and ttott-ur•Cian develc~ltrnrrnt; cc~nserlring the, ~{~~fue <~# prr?perty and ettcotn-agin~ the, rt•rost alaiar°c}pr•iate use of find; and ~'IfI~;Rl~.~l4, the. County nand Use IZe~ulations ar-c #'tu°i tree intenci~c# to lti•cttcct the pultlic hua}t}t, stl~t~. and ~~ullat°e by r~gerlGrtin~ the location of acti~~ities and u~c: o#'land ctn. the kaasis of tfte impact ther~ot can the eornrnttaliiv ter surz•ounding at•eas; and otftt~nvise pl4tnnirig for and regularin<_~ the use of laatd so as to pr~~~ ide l~lartned anti orderly use of Irtnd and protection o#' the ent•irc~nraaertt in <r mattnet- c<~n~istettt ~~ rth constitutonaf rights; :rnd i'i1F;l~t:1ti, the #~oar~l ufC'otrnty C'ornmissic}zter;, i?us~,+.i on its findincr that it is essential to protest <<n~1 l~rc,serve the ~rtvircrnmertt anti the public he~tltir, v;~cltare rutcl ~~al~~ty t>t the County artd itti ~ iticenry, that is in the C;ottnty's lacst interest, and. Chat it is consistent ~~~ith the L:~nd 1`se Act and the County Planning Code to study the potential impact of Medical Marijuana cultivation and production within the County; and WHEREAS, pursuant to Chapter 1, Article 1.04 Temporary Regulations, of the Eagle County Land Use Regulations, a 15 day public notice has been given by advertising a public hearing to discuss Medical Marijuana cultivation operations 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. 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 cultivation and production of Medical Marijuana and related uses in unincorporated Eagle County. THAT, the intent of this Temporary Regulation is to ban all Medical Marijuana growing operations accept by Medical Marijuana Patients and Medical Marijuana Primary Care-givers in accordance with these regulations while drafting, adopting and implementing permanent regulations. It is intended to limit and restrict Medical Marijuana cultivation and production by Patients to that amount allowed herein and to limit and restrict grow operations by Primary Care- Givers within legally established Medical Marijuana Dispensaries. Except as expressly allowed herein, no Medical Marijuana growing operation shall be an allowed use in Eagle County. THAT, Medical Marijuana cultivation and production operations are prohibited from locating within 500 feet of: (1) Any residence, (2) Any church or religious institution; (3) Any drug or alcohol rehabilitation facility; (4) Any public community center or publicly owned or maintained building open for use to the general public; (5) Any public school or private school; (6) Any public park or playground; or (7) Any licensed child care facility. (8) Any Hotel, Motel or Lodge (9) Any Retirement Home (10) Any Elderly Care Facility THAT, the 500 foot separation is measured in a direct line between the closest point of the building or unit, in the case of multi-tenant commercial or industrial buildings, within which the Medical Marijuana grow operation establishment is located, and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. THAT, exception from the 500 foot separation delineated in the previous paragraph may be considered if the Medical Marijuana grow operation is located within a Medical Center or Medical Clinic. For the purposes of this Section, these terms are defined as follows: (1) Medical Center means a facility where multiple professional health and medical services are provided such as general medical practice, chiropractic, psychological, nutritional advice, physical therapy, and where the focus is providing both diagnostic and treatment. A medical center must contain at least three of these types of practices and there must be at least six licensed professionals. A medical center must contain at least 5,000 square feet of contiguous floor area. (2) Medical Clinic means a professional business providing general or special medical, chiropractic, psychological services employing three (3) or more physicians. For purposes of these regulations, physician shall be defined as it is defined by Section 14 of Article XVIII of the Colorado Constitution and any Colorado Department of Health and Environment Regulation as may now exist or may in the future be adopted or amended. There are no limitations on the number of physicians and there is no maximum size limitation. Clinics may specialize in one discipline or may include more than one type of medical service. THAT, Medical Marijuana cultivation and production establishments located within a Medical Center or Medical Clinic shall maintain a minimum 200 foot separation from: (1) Any residence; (2) Any church or religious institution; (3) Any drug or alcohol rehabilitation facility; (4) Any public community center or publicly owned or maintained building open for use to the general public; (5) Any public school or private school; (6) Any public park or playground; or (7) Any licensed child care facility. (8) Any Hotel, Motel or Lodge (9) Any Retirement Home (10) Any Elderly Care Facility THAT, the 200 foot separation is measured in a direct line between the closest point of the building or unit, in the case of multi-tenant commercial or industrial buildings, within which the Medical Marijuana grow operation is located, and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. THAT, Medical Marijuana grow operations shall not be allowed within a moveable, mobile or temporary structure. Deliveries of medical marijuana products may be delivered only by properly registered medical marijuana Primary Care-givers to properly registered medical marijuana Patients. THAT, for purpose of this resolution, "school" means any private or public educational institution including, but not limited to, pre-schools, kindergartens, elementary, middle and high schools, colleges and universities. THAT, for the purpose of this resolution, `Medical Marijuana Patient' means a person who has a debilitating medical condition that was previously diagnosed by a physician and has properly obtained a registry card from the Colorado Department of Public Health and Environment prior to engaging in the medical use of marijuana, or as this term may be defined by the State of Colorado. THAT, for the purpose of this resolution, `Medical Marijuana Primary Care-giver' means person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition and who has obtained a registry card from the Colorado Department of Public Health and Environment prior to engaging in the distribution of medical marijuana, or. as this term may be defined by the State of Colorado. THAT, for the purpose of this resolution, `Medical Marijuana grow operation' means the use of any property or structure to grow, cultivate, or produce marijuana for use in accordance with Section 14, Article XVIII of the Colorado Constitution. THAT, for the purposes of this resolution Medical Marijuana grow operations is expressly prohibited within commercial greenhouses, nurseries, storage units and warehouses; which are not a part of, and incorporated entirely within a Medical Marijuana Dispensary. THAT, commercial cultivation and production of medical marijuana is expressly prohibited as a home occupation or home business as defined within Chapter 2, Article 2, Definitions of the Eagle County Land Use Regulations. THAT, in accordance with Section 14 of Article XVIII of the Colorado Constitution Medical Marijuana Patients may cultivate and produce for their exclusive use no more than two ounces of a usable form of marijuana; no more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. THAT, for the purposes of this resolution, the maximum amount of medical marijuana that may be cultivated and produced in any residence, at any point in time, is that amount allowed by Section 14 of Article XVIII of the Colorado Constitution for each Patient in the residence. Medical Marijuana Primary Care-givers may not grow, produce, or otherwise conduct a Medical Marijuana grow operation in any residence. THAT, for the purposes of this resolution, `residence' shall be defined as the entire parcel of land or lot inclusive of any accessory dwelling units, accessory buildings, agricultural buildings, and garages as defined within Chapter 2, Article 2, Definitions of the Eagle County Land Use Regulations, which are held in single ownership with the primary residence. THAT, any Medical Marijuana grow operations within allowed dispensaries as set forth herein shall meet the following requirements at all times. THAT, the premises are equipped with a proper ventilation system so that odors are filtered and do not materially interfere with adjoining businesses. THAT, all medical marijuana cultivation and production shall occur indoors .and out of view from the outside of the building. THAT, this Temporary Regulation shall remain in full force and effect until December 8, 2010. MOVED, READ AND ADOPTED by the Board of County. Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 8th day of June, 2010. T• By~ Teak J. Simonton Clerk to the Board of County Commissioners ~i`-~i , Peter F. Runyon Commissioner Commissioner ~~ ~~~-`'~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher Commissioner Stavney Commissioner Runyon r COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS This Resolution passed by ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. By: Sara J. Fisher