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HomeMy WebLinkAboutMinutes 10/29/13 PUBLIC HEARING October 29, 2013 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of October 28, 2013 (Subject to Review by the Finance Director) John Lewis, Finance 2. Approval of Payroll for November 14, 2013 (Subject to Review by the Finance Director) John Lewis,Finance 3. Intergovernmental Agreement between Eagle County and Garfield County for Winter Maintenance of Certain County Roads Gordon Adams,Road&Bridge 4. Intergovernmental Agreement between Eagle County and Town of Avon for Bus Storage and Service at the I-70 Regional Transportation Operations Facility Kelley Collier, ECO Transit 5. State of Colorado,Department of Public Safety,Division of Criminal Justice Grant Agreement with Eagle County for 2013 System of Care for Youth Sarah Luben,Health&Human Services 6. Lease Agreement between Eagle County and the United States Department of Interior Bureau of Land Management for the East Eagle Airport Beacon Site Barry Smith, Emergency Management 7. Agreement for Services between Eagle County and Eagle Valley Land Trust for Horn Ranch Conservation Easements Toby Sprunk, Open Space 8. Pointe at Edwards Minor Type B Subdivision to add an additional lot to the approved subdivision through a resubdivision of Tract A and Lot 9 (Eagle County File No. 4544) Kris Valdez,Planning 9. Cordillera Subdivision,Filing 36, Lot 18, Amended Final Plat to Amend Building Envelope for Lot 18 while Maintaining Present Square Footage(Eagle County File No.AFP-4532) Sean Hanagan, Planning 1 10/29/2013 Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Commissioner Ryan asked Barry Smith about the BLM lease agreement. She wondered about the 800 megahertz system. She asked about other areas in which radio reception was not sufficient. Mr. Smith responded that the reception was not sufficient on the upper Frying Pan and a few places on the Colorado River Road. There were portable devices for temporary coverage in emergency situations. Commissioner Chandler Henry asked Gordon Adams about the agreement with Garfield County related to shared road maintenance. Garfield County was billed for their time only and it was a mutually beneficial agreement for the next 5 years. Kelly Collier presented information on a lease agreement for parking spaces at Swift Gulch for buses. The building was completed and the agreement covered details for the county's use. There were many up-valley routes which could now be originated in Avon rather than Gypsum saving fuel,money and maintenance. Chairman Fisher stated that if it weren't for the county,the Swift Gulch project would not have been built. Through much hard work with the Town of Avon it had come to fruition. Commissioner Chandler—Henry commended Mr. Sprunk on the Horn Ranch property. Mr. Sprunk stated that the deal had not yet closed so public access was not yet possible. There were two conservation easements. Chairman Fisher stated that it was a beautiful piece of property for the county to put in a Conservation Easement. Commissioner Ryan moved to approve the Consent Agenda for October 29,2013, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. 10. Resolution 2013-104 Adopting the 2013 Eagle County Emergency Operations Plan Barry Smith, Emergency Management Mr. Smith stated that the county was required to have such a plan by state law. This created a standard to which the county must adhere. Each two years the plan was revised and adopted. Commissioner Ryan inquired about the needs related to systems, funding,partnerships etc. Mr. Smith stated that he didn't feel there were any significant challenges outside of some level of difficulty with awareness. There would be some full scale exercises for emergency planning in the near future. He added that having our own emergency operation center,the grand opening for which would take place today, was a place for decision makers to collaborate, gain situational awareness and make key decisions to resolve issues in a satisfactory manner. Chairman Fisher thanked Mr. Smith for his efforts. She acknowledged that Mr. Smith was asked to help with the Front Range flooding situation. BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No.2013- RESOLUTION ADOPTING EAGLE COUNTY REVISED EMERGENCY OPERATIONS PLAN WHEREAS, Section 24-33.5-707 of the Colorado Revised Statutes states each political subdivision shall 2 10/29/2013 be within the jurisdiction of and served by the division and by a local or inter jurisdictional agency responsible for disaster preparedness and coordination of response; WHEREAS, Section 24-33.5-707 of the Colorado Revised Statutes states each county shall maintain a disaster agency or participate in a local or inter jurisdictional disaster agency that otherwise has jurisdiction over and serves the entire county; WHEREAS, Section 24-33.5-707 of the Colorado Revised Statute states each local and inter jurisdictional disaster agency shall prepare and keep current a local or inter jurisdictional disaster emergency plan for its area; WHEREAS,the Eagle County Emergency Operations Plan was adopted by Resolution No. 2010-072 on June 29, 2010; and WHEREAS, it is desirous to update the Eagle County Emergency Operations Plan. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE,STATE OF COLORADO: THAT,the Revised Eagle County Emergency Operations Plan be adopted in the form attached hereto as Exhibit"A" and incorporated herein by reference. THAT,the Eagle County Emergency Operations Plan, set forth herein shall be effective as of November 1, 2013. THAT, should any section,clause,provision, sentence or word in this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose,this Resolution is declared to be severable. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of 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 ,2013. DISCUSSION: Commissioner Ryan moved to approve the resolution adopting the 2013 Eagle County Emergency Operations Plan. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner Ryan seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 11. BC II,LLC d/b/a The Metropolitan 3 10/29/2013 #12-93402-0000 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 12. Beaver Creek Food Services,Inc. d/b/a Trappers Cabin #04-51098-0001 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 13. Beaver Creek Food Services,Inc.d/b/a Spruce Saddle Restaurant #04-51099-0001 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 14. Beaver Creek Food Services,Inc. d/b/a Toscanini #04-51099-0015 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 15. Beaver Creek Food Services,Inc. d/b/a Allie's Cabin #04-51099-0000 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 16. Beaver Creek Food Services,Inc. d/b/a Zach's Cabin #04-51098-0006 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 17. Beaver Creek Food Services,Inc. d/b/a Osprey at Beaver Creek #04-51099-0010 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 18. Beaver Creek Food Services,Inc. d/b/a Arrowhead Alpine Club #04-51098-0005 Renewal of a Hotel and Restaurant license in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 19. Big Sky Restaurant Company,LLC d/b/a The Chophouse Foxnut Slopeside #07-59769-0003 Renewal of a Hotel and Restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 20. High Country Pizza,LLC d/b/a Local Joe's Pizza #42-72643-0000 4 10/29/2013 Renewal of a Hotel and Restaurant license in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 21. Vail Valley Pharmacy,LLC d/b/a Vail Valley Pharmacy #47-00317-0000 Renewal of a Licensed Drugstore license in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 22. Willrain,LLC d/b/a Rimini #42-54334-0002 Renewal of a Tavern license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Other 23. Beaver Creek Food Services,Inc.d/b/a Beano's Cabin #04-51099-0005 Report of Change/Manager Registration-The applicant wishes to register George Arthur Bigley as the new manager,replacing Kenneth C.Kaut. Mr.Bigley has no criminal history and was reported to be of good moral character. Tim Maher,president of Beaver Creek Property Owner's Association spoke. He questioned the third optional facility attached to Allie's Cabin. The Ranch facility was optional premises number three. The facility was related to ski school operations for children ages 7— 14. In May they indicated that they objected to an expansion of the optional premises. The premises was only 760 some feet away from the nearest residential property. Chairman Fisher asked Mr.Treu for his opinion. Mr. Treu indicated that with a renewal there could only be a denial for due cause. There was a specific standard of review and going back to an optional premises approved in 2008,would not be appropriate. The discussion occurred in 2008 when the facility was approved. Mr.Maher stated that no one was aware that there had been a liquor license approved with a children's ski school. He asked if there was a method for going back to review a prior decision. Chairman Fisher stated that the board must approve the renewal. Mr.Maher stated that Vail Resorts called the facility something different at the point when they gained approval for the optional premises. Mr. Treu stated that the optional premise was approved, and today's hearing was related to the renewal only. Actions taken by a previous board would not be reviewed. Chairman Fisher indicated that there was a three year statute of limitation. Commissioner Chandler-Henry moved that the Board approve the Liquor Consent Agenda for October 29, 2013 as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. 24. Transfer/Temporary Permit—Timbers BG Beverage,LLC DBA Timbers Bachelor Gulch APPLICANT: Timbers BG Beverage, LLC TRADE NAME: Timbers Bachelor Gulch REPRESENTATIVE: Gregory Spencer,General Manager LOCATION: 100 Bachelor Ridge Trail,Avon(Bachelor Gulch) 5 10/29/2013 REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested the transfer of a Private Hotel and Restaurant liquor license from Ritz-Carlton Hotel Company LLC and Ritz-Carlton Development company d/b/a The Ritz-Carlton Club Bachelor Gulch and is requesting a Temporary Permit to allow them to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant,the names and addresses of the president,vice-president, secretary and managing officer,the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed. 4. The application for the Temporary Permit has been filed no later than thirty(30)days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. DISCUSSION: Ms. Scriver explained the request for the temporary permit. This permit is good for 120 days until the transfer of ownership is finalized. Gregory Spencer, Chief Operating Officer for Timbers resorts spoke to the board. They would be taking over this Saturday. He provided some details about their other operations. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Timbers BG Beverage,LLC d/b/a Timbers Bachelor Gulch which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty(120) days,whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one-hundred-twenty day period and the transferee demonstrates good cause,the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty(60)days. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Chandler Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Eagle County Air Terminal Corporation. Commissioner Ryan seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Greg Phillips,Airport Mr. Phillips stated that there was a request for proposals for rental car companies and ground transportation. There were two car rental agencies' agreements for review, from Advantage and Avis. These are three year agreements. There were different revenue sharing calculations depending on the time of year. Mr.Montag asked who would be responsible for review of the financials related to this revenue. 6 10/29/2013 Mr. Phillips stated that revenues were reported monthly and audits were possible. Commissioner Chandler Henry asked about other ground transportation operators. Mr. Phillips stated that there were four operators that would be on site; Hertz,Budget, Avis and National. There were several off site operators too. 25. Concession Agreement between Eagle County Air Terminal Corporation and Simply Wheelz,LLC,DBA Advantage Rent a Car for Operation of Rental Car Services Mr.Montag moved to approve the agreement between Eagle County Air Terminal Corporation and Simply Wheelz,LLC, DBA Advantage Rent a Car for Operation of Rental Car Services. Ms. Ryan seconded the motion. The vote was declared unanimous. 26. Concession Agreement between Eagle County Air Terminal Corporation and Avis Budget Car Rental, LLC for Operation of Rental Car Services Ms. Chandler-Henry moved to approve the agreement between Eagle County Air Terminal Corporation and Avis Budget Car Rental, LLC for Operation of Rental Car Services. Mr. Lewis seconded the motion. The vote was declared unanimous. 27. Concession Agreement between Eagle County Air Terminal Corporation and Hy Mountain Transportation, Inc.,DBA High Mountain Taxi for Operation of Ground Transportation Services Mr.Montag moved to approve the agreement between Eagle County Air Terminal Corporation and Hy Mountain Transportation,Inc.,DBA High Mountain Taxi for Operation of Ground Transportation Services. Ms. Chandler-Henry seconded the motion. The vote was declared unanimous. Mr.Phillips spoke about air service and the long slide in the level of service. Most other small airports had seen the same thing. They continue to try to work this. There would be some incremental increases in service this winter from Delta and Air Canada. They were aware that costs were a factor,and they were trying to keep costs down for air carriers so they could charge less for their tickets. The airport activity contributed 635 million annually to the local economy. Chairman Fisher stated that revenues had increased on the private side of the operation. She felt it important to continue to improve upon the asset the county had in the airport. The recent master planning process had helped to bring the county up to speed and up to date. This had allowed the county to stay in line for federal funds. Mr. Phillips reported that there was a small increase in enplanements over 2012. Operations were up 4%, rental car revenues up 4%and the only category which was down was fuel due to the military uses. Commissioner Chandler-Henry moved to adjourn as the Eagle County Air Terminal Corporation and re- convene as the Eagle County Board of County Commissioners. Commissioner Ryan seconded the motion. The vote was declared unanimous. BoCC Areas of Focus and Grants Discussion (recorded) Rachel Oys,Assistant County Manager Planning Files 28. ZS-3521 Schmidt Special Use Permit 2011 Kris Valdez,Planning Fritz Schmidt,Applicant 7 10/29/2013 Terrill Knight: Knight Planning Services,Representative Note: Tabled from 05/28/13,7/16/13 and 9/3/13.To be tabled to 12/10/13. Action: The purpose of this Special Use Permit application is to request approval for certain uses, some of which have historically occurred on Fritz Schmidt's property in the Commercial General Zone District. Location: 71 Edwards Access Road, Edwards Commissioner Chandler-Henry moved to table file no. ZS-3521 until December 10,2013. Commissioner Ryan seconded the motion. The vote was declared unanimous. 29. ZC-4356,ZS-4356,AFP-4353 Salt Creek Ranch Subdivision,Lots 1 and 3 Kris Valdez and Greg Schroeder Jason Hershman and Peggy Brasington,Applicant Dominic Mauriello, Mauriello Planning Group Note: Tabled from 09/17/13 and 10/01/13. To be tabled to 12/17/13 Action: The purpose of the Zone Change and Amended Final Plat is to rezone Lot 1 from"Agricultural Residential"and Lot 3 from"Resource"to"Resource Limited",to combine Lots 1 and 3,and a Special Use Permit for a dog kennel on Lots 1 and 3. Location: 2980 Salt Creek Road,Lots 1 and 3, Salt Creek Ranch Subdivision Ms.Valdez stated that there were no additional issues. The file needed to be tabled at Planning Commission. Commissioner Ryan moved to table file nos. ZC-4354, ZS-4356, and AFP-4353 until December 17,2013. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 30. LUR-4476 Retail Marijuana Regulation Amendment Scot Hunn,Planning Bryan Treu, County Attorney Action: The purpose of this Land Use Amendment is to amend the Eagle County Land Use Regulations, specifically Article II-Definitions, and Article III-Zone Districts, Eagle County Land Use Regulations, allow for the regulated conduct of"Retail Marijuana Businesses" in the same commercially zoned locations that currently permit the location of"Medical Marijuana Businesses" as depicted on maps approved by Eagle County. Location: Unincorporated Eagle County FILE NO./PROCESS: LUR-4476/Land Use Regulation Amendments PROJECT NAME: Retail Marijuana Business Regulations LOCATION: Unincorporated Eagle County OWNER: Not Applicable APPLICANT: Eagle County Government STAFF PLANNER: Scot Hunn I. EXECUTIVE SUMMARY: 8 10/29/2013 Purpose of Text Amendment In response to the approval of Amendment 64 in November of 2012, Eagle County proposes to amend the text of the Eagle County Land Use Regulations (ECLURs) to regulate "Retail Marijuana Businesses" in the event such uses are to be permitted to operate in unincorporated Eagle County. Amendment 64, an amendment to the State of Colorado Constitution, makes legal the recreational possession, use and cultivation of marijuana for adults 21 years of age or older in the State of Colorado. Importantly, Amendment 64 also provides for local control of retail sales, production and testing of marijuana products. Specifically, while Eagle County has taken action in the past three years to allow for but to regulate the establishment of"Medical Marijuana Businesses"within unincorporated Eagle County, Amendment 64 (and HB13 13-17) allows for local jurisdictions to ban, or to regulate, Retail Marijuana Businesses or establishments, consisting of retail sales facilities, marijuana cultivation facilities, marijuana product manufacturing facilities and marijuana testing facilities. Under the proposed text amendment, Eagle County defines "Retail Marijuana Businesses"as inclusive of all four of the above facilities. Proposed Text Amendment The proposed text amendment (attached as `Exhibit A') essentially adds the words "and Retail Marijuana Businesses" immediately following those instances where the words "Medical Marijuana Businesses" appear within Article 3, Zone Districts, Eagle County Land Use Regulations. Therefore, as with Medical Marijuana Businesses in Eagle County, Retail Marijuana Businesses would be permitted as uses "by-right"within those same zone districts (Commercial General and Commercial Limited) that currently permit Medical Marijuana Businesses (see attached maps). With the exception of one additional requirement (listed under Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Use, attached under `Exhibit A') which addresses the amount of marijuana that can be cultivated within private residences for personal use by adults 21 years of age or older, all existing standards and requirements applying to Medical Marijuana Businesses, inclusive of requirements such as separation distances, signage, local licensing requirements, location restrictions and hours of operation, are proposed to apply to Retail Marijuana Businesses. Timing of Proposal In July, 2013, Colorado's State Licensing Authority (SLA) passed emergency rules setting forth a deadline of October 1, 2013 for local jurisdictions to act to either ban Retail Marijuana Businesses, or adopt regulations for such businesses. Since July, 2013, staff has received and increasing number of inquiries regarding the regulatory future of Retail Marijuana Businesses in Eagle County. Therefore, in August of 2013 staff was directed to draft amendments to the text Eagle County Land Use Regulations for the purpose of regulating Retail Marijuana Businesses if the same are approved to operate in Eagle County. However, with approximately two months in which to draft, to distribute for referral and public comment, to publish legal notice and to conduct public hearings on matter, it was not practicable to meet the October 1st deadline. As such, a stop-gap measure has been established; at the time of writing this report, the Board of County Commissioners has adopted, on first reading, an ordinance (attached) temporarily prohibiting Retail Marijuana Businesses within unincorporated Eagle County until January 1, 2014, to allow the County to complete the public review process, and allowing the Board of County Commissioners ultimately to determine whether to either prohibit Retail Marijuana Businesses within unincorporated Eagle County, or to adopt the appropriate zoning and licensing regulations applicable to Retail Marijuana Businesses if the same are to be allowed to operate in Eagle County. Chronology • In 2000, Colorado Voters approved a constitutional amendment to allow the use of medical marijuana as an alternative to treat debilitating illness. • In 2009, Eagle County began to experience acute interest by the medical marijuana industry to establish operations locally. At that time Eagle County's Land Use Regulations did not address the medical marijuana industry. 9 10/29/2013 • On September 8, 2009, the Board of County Commissioners adopted Temporary Regulations to control the locations of Medical Marijuana Dispensaries in Eagle County. In November 2009, the Board adopted Temporary Regulations to control Cultivation of Medical Marijuana. • Permanent Medical Marijuana Dispensary Regulations were adopted and implemented on February 23, 2010. • In June 2010,the Colorado State Legislature passed HB10-1284 known as the Colorado Medical Marijuana Code. • In June 2010, the Board of County Commissioners adopted more restrictive Temporary Regulations to control Cultivation and Production of Medical Marijuana which were in effect until December 8, 2010. • On November 2, 2010 a majority of the voters in Eagle County confirmed that a properly regulated medical marijuana industry should be allowed to operate in unincorporated Eagle County. • On December 14, 2010 the Board of County Commissioners conducted a public work session to be briefed on where Eagle County currently stands regarding'regulatory controls for the medical marijuana industry. The Board determined, based upon local voter approval that the medical marijuana industry should be allowed to continue operating within specified areas of unincorporated Eagle County. • During the December 14, 2010 work session, the Board established policy direction for staff to make appropriate commercially zoned areas in unincorporated Eagle County accessible to accommodate the medical marijuana industry. This has been accomplished by: 1) Reducing the minimum separation distance between medical marijuana facilities and sensitive dissimilar uses; 2) Eliminating several of the previously specified dissimilar uses, and; 3) Eliminating the Rural Center and Industrial zone districts focusing all medical marijuana industry activities within the Commercial General and Commercial Limited zone districts. • Statewide, all preexisting medical marijuana dispensaries, cultivation operations and production of medical marijuana infused food products needed to become licensed through the State of Colorado by July 1, 2012. Four such establishments have been licensed by the State; two in Edwards and two in Eagle-Vail. Two of four establishments have successfully completed their local licensing requirements while two are working with County staff to complete the process. All four establishments have been issued State licenses in hopes that they either maintain, or complete their local licensing requirements. • In May, 2011, the Board voted to approve an amendment to the Eagle County Land Use Regulations specifically to allow medical marijuana businesses as uses-by-right in the Commercial General and Commercial Limited zone districts. • On November 6, 2012, Colorado voters passed Amendment 64, an amendment to Colorado's Constitution legalizing the recreational use of Marijuana by adults 21 years or older and permitting the retail sale, cultivation, manufacturing and testing of marijuana. Amendment 64 and HB13-1317 makes legal the growing and possession of marijuana for personal use for . Amendment 64 also authorized local jurisdictions in Colorado to regulate"Retail Marijuana Business". • Colorado's State Licensing Authority (SLA) passed emergency rules on July 1, 2013, and set forth a deadline of October 1, 2013 for local jurisdictions to act to either ban Retail Marijuana Businesses, or adopt regulations for such businesses. • On Monday, August 26, 2013, Eagle County staff distributed the draft text amendment package for formal referral to certain public, quasi-public and non-public entities (businesses and HOAs) in and around Eagle County. • On Tuesday, September 17, 2013 the Eagle County Board of County Commissioners acted to approve, on first reading, an ordinance temporarily prohibiting the operation of Retail Marijuana Cultivation facilities, Retail Marijuana Product Manufacturing facilities, Retail Marijuana Testing Facilities and Retail Marijuana Stores within unincorporated boundaries of Eagle County,until January 1, 2014. • On Wednesday, October 2, 2013, the Eagle County Planning Commission considered the proposed text amendment and voted 5 to 1 to recommend approval,with conditions. • On Thursday, October 3, 2013, the Roaring Fork Valley Regional Planning Commission considered the proposed text amendment and voted 3 to 1 to recommend approval,with conditions. • On Tuesday, October 1, 2013 the Eagle County Board of County Commissioners acted to approve, on second reading, an ordinance (Ordinance No. 13-001) temporarily prohibiting the operation of Retail Marijuana Cultivation facilities, Retail Marijuana Product Manufacturing facilities, Retail Marijuana Testing Facilities and Retail Marijuana Stores within unincorporated boundaries of Eagle County, until January 1, 2014. 10 10/29/2013 Planning Commission Deliberation The proposed text amendment was presented to both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission on October 2nd and 3`d, respectively. At their public hearings on the matter, the following discussion and deliberations ensued: At the Eagle County Planning Commission hearing, there was discussion regarding the existing 200 foot buffer for medical marijuana businesses and whether or not that buffer should remain the same for Retail Marijuana Businesses. Staff informed the commission members about how and why the 200 foot buffer had been established in 2010, and why a 200 foot buffer was proposed for retail establishments. Essentially, applying a 500 or 1000 foot buffer to the limited areas of Commercial General and Commercial Limited Zone Districts in Eagle County would effectively zone Marijuana Businesses out of existence. Following that discussion,the ECPC discussed whether to disallow any Marijuana Businesses (medical or retail) in the area currently mapped in Edwards near Interstate-70 and Battle Mountain High School (in the Edwards Station where Wendy's restaurant is located). Some commission members were concerned about the location being too close to a high school and Colorado Mountain College, as well as its visibility from the Interstate-70 travel corridor. A subsequent motion to amend the official mapping (to disallow Medical or Retail Marijuana Businesses in this location)failed on a 3-3 straw poll vote. Likewise, there was concern stated by one planning commission member regarding the area mapped within the Dotsero Community. Specifically, a concern was forwarded with regard to the potential for Marijuana Businesses within proximity to the new boat ramp on Eagle County Open Space along the Colorado River. Staff advised the ECPC that mapping for the Dotsero area could be revised to reflect a 200' buffer from that public facility. A significant amount of testimony and discussion during both planning commission hearings also centered on the location of commercial growing or cultivation activities. At the ECPC hearing,two business owners from the Eagle Vail Business Center testified that they were being impacted from a nearby MMJ business due primarily to odors emanating from nearby Medical Marijuana Businesses. There was also testimony from one Medical Marijuana Business owner who stated that, despite best practices (odor mitigation and air handling/mechanical improvements to existing tenant spaces) and best intentions,growing operations in commercial buildings often produce odor and that allowing for cultivation in the agricultural/rural zone districts would be more appropriate. Although both commissions recommended that staff draft further text amendments to allow commercial cultivation operations in the Resource (R), Resource Limited (RL) and Agricultural Residential (AR) Zone Districts as a special use (as an alternative to large-scale commercial cultivation in the Commercial General (CG) and Commercial Limited (CL) Zone Districts), only the ECPC recommended that cultivation ONLY be allowed in R, RL and AR(and that commercial cultivation no longer take place in CG or CL). Social clubs were also discussed as something that may need to be regulated. "Cannabis Social Clubs" exist in different forms however the concept includes a private club space, which may offer amenities similar to a cigar bar, while allowing member patrons to enter the club for a fee (typically a membership or subscription) and to use personal supplies of cannabis within the confines of the premises. Specific to this business model, patrons must bring their own cannabis; no marijuana products are sold within the club. It was suggested by both planning commissions that if approved as a permitted use, social clubs should only be permitted within the CG and CL Zone Districts and that they be allowed by Special Use Permit only. Members from both planning commissions agreed that specific standards,particularly for odor mitigation, should be applied to such use. Lastly, the subject of proliferation of Marijuana Businesses in a given area such as Eagle Vail Business Center(one area mapped as allowing such businesses) was discussed during the ECPC hearing. Specifically, several ECPC members stated a concern that an area like Eagle Vail may become overburden with such businesses; there was correlating discussion with regard to free market control over the total number of Marijuana Businesses in operation in the future. Likewise, there was a suggestion that the County could regulate the total number of businesses by either setting limits (i.e. no more than three businesses within an area mapped for such businesses) 11 10/29/2013 for the total number within a given zone district, or by applying a 200 foot buffer between such businesses. The ECPC suggested a condition recommending that the County investigate setting such limits. Following deliberation, the Eagle County Planning Commission forwarded the following suggested conditions: 1. That cultivation of retail marijuana be limited to Resource(R),Resource Limited(RL), and Agricultural Residential(AR)zone districts through a special use review and per development standards as may be applicable; 2. That, in addition to the Commercial General and Commercial Limited zone districts,the product manufacturing and testing of retail marijuana be allowed in the Resource(R),Resource Limited(RL),and Agricultural Residential(AR)zone districts through a special use review and per development standards as may be applicable; 3. That social clubs be a defined use and be limited to the Commercial General and Commercial Limited zone districts through a special use review and per development standards as may be applicable; 4. That"Retail Marijuana"be added following"Medical Marijuana" in the Review Standards set forth in Section 3-330(I)(2)(j)and(q); 5. That the residential maximums of recreational marijuana as defined in the Review Standards set forth in Section 3-330(I)(2)(o)be amended to state that the maximum amount of recreational marijuana that may be cultivated or produced in any residence shall be those amounts as are legally allowed for three(3)adults over the age of twenty-one(21)years of age pursuant to the limits set forth in Article XVIII, Section 16 of the Colorado Constitution. Such limits apply regardless of the number of persons over the age of twenty- one(21)years of age residing in any one residence. Such limits shall in no way authorize or entitle any user to grow, maintain, or possess more than what they are legally allowed to do per applicable Colorado law. 6. That the Dotsero Area map showing allowed areas for Medical Marijuana Businesses and Retail Marijuana Businesses be amended to remove such areas due to the existence to a public facility(the Eagle County Dotsero Landing Boat Ranch); 7. That staff drafts further regulations to limit the total number of Retail Marijuana Businesses permitted within a given area zoned and mapped for such uses. The Roaring Fork Valley Regional Planning Commission, following their deliberation on October 3rd, forwarded the following suggested condition: 1. That, in addition to the Commercial General and Commercial Limited zone districts, the cultivation of Retail Marijuana be allowed in the Resource (R), Resource Limited (RL), and Agricultural Residential (AR)zone districts through a special use review and per development standards as may be applicable. Existing Medical Marijuana Businesses Status To date, Eagle County has worked with four (4) Medical Marijuana Business owners to complete the local licensing requirements for sales and cultivation, however only two of the four businesses have completed the licensing process. Those businesses exist in two areas of Eagle County—in the Eagle Vail Business Center and in Edwards—within the Commercial General Zone District(see attached maps). Staff is of the understanding that the State has issued licenses to all of the four businesses. Although two of the businesses have completed the local licensing process, two have outstanding issues (Building Code Compliance sign-off or, in one case, Odor Mitigation Plan) to be completed. Staff is responsible for coordinating inspections with the Eagle County Building Division to complete the process for these two businesses. 12 10/29/2013 Likewise,there have been formal complaints received for two of the existing businesses—one in Eagle Vail and the other in Edwards. Staff is of the understanding that in the case of the Edwards business, the business owner was contacted in July 2013 by Eagle County Code Enforcement and that the owner has subsequently made changes (odor mitigation) to his facilities to bring the business into good standing with local standards. That compliance case was closed shortly thereafter, and staff will continue to follow-up with the business owner and building manager to ensure that odor mitigation is working properly. In the other, more recent case in Eagle Vail, staff will continue to work with the complaining party and the business owner to establish the cause of the complaint and to implement proper mitigation. To this end, staff will be inspecting the business with members of the Building Division and Code Enforcement. If it is found that the business cannot be brought up to standards for odor mitigation,the local license may not be completed/issued. Staff Analysis Overall,the proposed text amendment provides the necessary and proper control(via zoning)of the retail marijuana industry in the wake of the passage of Amendment 64. Like the regulations and standards approved for Medical Marijuana Businesses in Eagle County, the proposed standards allow Eagle County to regulate local licensing of Retail Marijuana Businesses in a manner that is 1)consistent with the will of the majority of voters in Eagle County who voted overwhelmingly to approve of legalizing the retail cultivation, sales, manufacturing, and testing of marijuana in Colorado,and; 2)responsive to local conditions. During the public hearing process carried out by both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission, several issues arose that should be considered with this amendment package as well as any future amendments to the Eagle County Land Use Regulations. One concerns the ongoing practice of permitting cultivation of cannabis within commercially zoned areas/buildings and the potential for allowing (or directing) such cultivation to occur in more rural, agriculturally zoned areas of unincorporated Eagle County. To this end, both Planning Commissions voted to recommend that the ECLURs be amended to permit commercial scale cultivation within the Resource(R), Resource Limited (RL) and Agricultural Residential (AR) Zone Districts due primarily to the size of lots required in those zone districts. Specifically, staff believes that such zone districts, based on the minimum lot size requirements of 35, 20 and 10 acres, respectively, will provide adequate distance and separation of uses between any commercial growing operations and neighboring properties. However, staff also suggests that standards should be developed for any Special Use Permit process to further regulate aspects such as separation distances to residential uses, on-site security, odor mitigation, lighting and the like. Lastly, staff agrees with the recommendations of both planning commissions with regard to the regulation of "social clubs"within Commercial General(CG)and Commercial Limited(CL)Zone Districts. II. BOARD OF COUNTY COMMISSIONER OPTIONS: 1. Approve this ECLUR TEXT AMENDMENT request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). 2. Deny this ECLUR TEXT AMENDMENT request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). 3. Table this ECLUR TEXT AMENDMENT request if additional information is required to fully evaluate the petition, giving specific direction to staff. 13 10/29/2013 4. Approve this ECLUR TEXT AMENDMENT request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). III. SUGGESTED CONDITIONS: 1. That cultivation of retail marijuana be limited to Resource(R),Agricultural Limited(AL),and Agricultural Residential(AR)zone districts through a special use review and per development standards as may be applicable. 2. That, in addition to the Commercial General and Commercial Limited zone districts,the product manufacturing and testing of retail marijuana be allowed in the Resource,Ag Limited, and Ag Residential zone districts through a special use review and per development standards as may be applicable. 3. That social clubs be a defined use and be limited to the Commercial General and Commercial Limited zone districts through a special use review and per development standards as may be applicable; 4. That"and Retail Marijuana"be added following"Medical Marijuana" in the Review Standards set forth in Section 3-330(I)(2)(j)and(q). 5. That the residential maximums of recreational marijuana as defined in the Review Standards set forth in Section 3-330(I)(2)(o)be amended to state that the maximum amount of recreational marijuana that may be cultivated or produced in any residence shall be those amounts as are legally allowed for three(3) adults over the age of twenty-one(21)years of age pursuant to the limits set forth in Article XVIII, Section 16 of the Colorado Constitution. Such limits apply regardless of the number of persons over the age of twenty- one(21)years of age residing in any one residence. Such limits shall in no way authorize or entitle any user to grow,maintain,or possess more than what they are legally allowed to do per applicable Colorado law. 6. That the Dotsero Area map showing allowed areas for Medical Marijuana Businesses and Retail Marijuana Businesses be amended to remove such areas due to the existence to a public facility(the Eagle County Dotsero Landing Boat Ranch). 7. That staff drafts further regulations limiting the total number of Retail Marijuana Businesses permitted within a given area zoned and mapped for such uses. APPENDIX `A' A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-230 Amendments to the Text of These Land Use Regulations or Official Zone District Map Section Purpose: The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person,but only to make necessary adjustments in light of changed conditions. 14 10/29/2013 Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and standards. Note: There are no specific standards directly applicable for changing the text of the Land Use Regulations. B. STAFF DISCUSSION: Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals, the proposed amendments have been referred to the appropriate agencies, including all municipalities within Eagle County; Pursuant to Chapter 1, Eagle County Land Use Regulations, Section 1.15.05 Public Notice, Public notice has been given; Pursuant to Chapter 2,Eagle County Land Use Regulations, Section 5-230.B.2 Text Amendment: a. The proposed amendments AMEND ONLY THE TEXT of Chapter 2, Article 2 and Chapter 2, Article 3 of the Eagle County Land Use Regulations and do not amend the Official Zone District Map. b. Precise wording of the proposed changes has been provided (please see attached draft definition of "Retail Marijuana Business"intended for Article 2, and associated language revisions to Article 3). Pursuant to Chapter 2, Eagle County Land Use Regulations, Section 5-230.C.3 Action by Board of County Commissioners: a. General. After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing for the application. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation, and the public testimony given at the public hearing. C. REFERRAL RESPONSES: • Eagle County Attorney's Office — The language set forth in the draft proposed regulatory language has been thoroughly vetted,reviewed and edited by the County's Attorney's Office. • Eagle County School District — In the attached letter dated October 2, 2013, Jason Glass offers the following comments: 1) As you are aware, ECS operates a number of schools in unincorporated Eagle County.Notably,the schools in Edwards inclusive of the Miller Ranch area as well as the Homestake Peak campus in Eagle Vail. 2) The current proposed regulations would allow the operation of a retail dispensary 200 feet from the boundary of a school property. In Edwards, that potentially could mean such a business would operate steps from Battle Mountain High School, in the business space located adjacent to the roundabout. In Eagle Vail, such a dispensary could open in the retail area,north of Interstate 70. As our community considers an expansion of pedestrian and roadway access in this area, I am concerned we may develop a direct walkway between our school and retail marijuana. 15 10/29/2013 3) Please consider an expansion of the minimum distance to at least 500 or even 1,000 feet (preferred). Further, please consider regulating the operating hours of such establishments to not coincide with school operation and dismissal times. • Town of Basalt - In the attached letter dated September 25, 2013, the Town offers the following comments: 1) Please find attached a copy of the Town's referral comments from 2011 regarding Eagle County's then-proposed amendments to the County's medical marijuana regulations. The Town Staff believes that many of the comments provided in the 2011 letter from the Town are still valid given that many of the proposed recreational marijuana regulations mirror the medical marijuana regulations that exist in the Eagle County Code. Specifically, the Town did not support the reduction in distances from which dispensaries had to be from public facilities, parks, residential units, childcare facilities, and schools that were authorized in 2011. Town Staff would still like to see the more substantial distances that were included in Eagle County's original medical marijuana regulations as they were more meaningful in terms of regulating the impacts of marijuana dispensaries on children and the public at large. Additionally, Town Staff still supports adding municipal boundaries to the list of locations from which marijuana businesses have to keep a distance. As indicated in the 2011 comments, Town Staff also feels that marijuana businesses should be a Special Use Review in CL and CG Zone Districts instead of a permitted use as proposed. 2) The Town is currently in a moratorium on both medical and recreational marijuana businesses. Town Staff is scheduling meetings for the Town Council to determine its approach and will send you the Town's draft regulations when they are available. Town Staff anticipates that the Town's draft regulations will address some of the same subjects that are addressed in Eagle County's draft regulations. Town of Basalt 2011 comments(April 19,2011): 3) The Town supported Eagle County's effort to regulate medical marijuana growing and dispensing in unincorporated Eagle County in 2010 to ensure that medical marijuana is manufactured, sold, and used in a manner that is safe, consistent with the intent of the regulations adopted by the State of Colorado, and that has minimal impacts. 4) The Town is concerned that the proposed amendments will significantly lessen the restrictions on medical marijuana cultivating and dispensing and encourage the development of more medical marijuana dispensing facilities in unincorporated areas around West Basalt and El Jebel. Specifically, the Town does not support reducing the distance from a public facility, public park, residential unit, licensed childcare facility, or school in which a medical marijuana business is prohibited. The Town would also recommend that Eagle County add municipal boundaries to the list of locations from which a medical marijuana business has to keep a certain distance. 5) The Town also supports maintaining Eagle County's regulations related to encouraging the dispensing of medical marijuana to occur in a medical center since medical marijuana was allowed at the state level on the basis that it was going to be used for legitimate medical purposes. The Town sees no better way for medical marijuana to be dispensed only for its intended purpose than to require the dispensing to occur in a medical center. As you are aware, the Town adopted regulations (attached) requiring that medical marijuana dispensaries only be located within a medical center that provides multiple professional health and medical services. In evaluating the effectiveness and appropriateness of the Town's regulations and Eagle County's initial regulations, the Town Planning and Zoning Commissioner indicated to Town Staff that they were happy with the approach that was taken. The Town is concerned that Eagle County' proposed loosening of the regulations might undermine the effectiveness of the regulations in terms of relegating medical marijuana use to the medical purpose for which it is intended under the state regulations. 6) The Town recommends that Eagle County consider amending the proposed language in Section 3- 330(2)(p)to require that medical marijuana businesses only be permitted in developments requiring approval through the Special Use process (such as mixed use developments) if they are expressly allowed through the special review approval similar to the proposed language related to medical marijuana businesses in PUD's. 16 10/29/2013 7) The Town recommends that Eagle County not change the approval process for a Medical Marijuana Business from a Special Review to a Limited Review in the C/L and C/G Zone Districts. Even though the Town Planning Staff finds the Eagle County Planning Manager to be very thorough and competent, the Town feels that the Special Use Review process with a full public notice provides for a more effective review process by which to address issues related to proposed Medical Marijuana Businesses. 8) The Town supports the proposed amendment that would limit the number of medical marijuana plants and product that could be produced in any one residence. Additionally, the Town supports the proposed amendment that would require all medical marijuana businesses to meet all applicable building and fire codes. • Town of Gypsum - In the attached letter dated September 25, 2013, the Town offers the following comments (also see attached email dated October 7,2013 from Jeff Shroll): 1) Thank you for the opportunity to review your draft land use revisions regarding this important and difficult issue. The Town of Gypsum continues to support the prohibition of recreational marijuana uses and establishments in or near our community and strongly believes that Eagle County should do the same. 2) We believe that Eagle County has so much to offer our visiting tourists that it does not need to add recreational marijuana to our otherwise fantastic attributes in the County. Why not direct our tourists to the wonderful destinations and activities that all of the communities in the County have worked hard to establish instead of being busy answering questions like "where can we get our pot"? 3) And do we really want our local community greeting tourists while they themselves are under the influence?How about those who serve important and critical roles and have the opportunity to harm others because of their poor choices supported by the County? We think it is the role of Eagle County to be a leader in the effort to keep out recreational marijuana as it will be difficult enough to keep out without opening the flood gates. 4) Why are these extremely impacting uses being considered as Use-by-Right with no public notices, no special considerations, etc..? You will no longer be dealing with the same impacts as small stores. You will now be dealing with cultivation, manufacturing, testing, etc...and these should be reviewed on a case by case basis. The Town of Gypsum will most certainly want public notice when the County is considering one of these Retail Marijuana Establishments near our community. 5) Do not treat Medical and Recreational Marijuana Establishments the same just to make your land use code more user friendly. Consider these uses separately rather than lumping them together. 6) Why are you considering only a two hundred foot (200') separation from public facilities, schools, daycares, and parks? You have now thrown two properties that are immediately adjacent to the Town of Gypsum boundaries into this mix because of their current zoning; Collett Enterprises and Crazy Al's Auto Body. Both which are immediately adjacent to multiple high density residential developments. Do not force local communities to have to deal with these issues when we do not wish to have them in our own communities. Hope that Wendy's at the Edwards I-70 Interchange never leaves because this building would qualify under your current distance standards from the Battle Mountain High School and Colorado Mountain College facilities. Two hundred(200') is too close and one-half mile distance should be seriously considered instead. 7) Residential units and churches should also be added to this list of facilities for separation requirements. 8) Eagle County has done many great things for our communities by supporting tourism, residents' health and well-being, recreation, family care, and this could go on and on. But supporting recreational marijuana further increases the potential for children in our community to be poorly influenced and negatively affected. Our children are struggling enough with peer pressures on these issues without having these establishments presented to them on a daily basis. We have worked so hard for three or more decades on the harms of tobacco with our children why would we take a step back with approving this issue. • Architectural Engineering Consultants (AEC): In an email dated August 30, 2013, Stan Humphries, Principal at AEC provides the following comments: 17 10/29/2013 1) We've done MEP planning for grow shops and retail for marijuana shops. We've seen the code officials typically require: - Specific planning for lights, establish quantity,watts,and locations; -Provide panel schedule to show all lighting, air conditioning and misc. loads; - Provide air conditioning and ventilation planning. Ventilation planning would include exhaust up to the roof and possibly charcoal filters. Additional Referral Agencies - This proposal was referred to the following agencies with no response at the time of writing this report: • Eagle County: Assessors, Engineering, Environmental Health, Finance, Housing, RE-50J School District, Sheriff's Office; • Towns:Avon, Eagle, Minturn, Red Cliff, Vail; • Counties: Garfield, Lake, Pitkin, Routt, Summit(sent late due to staff oversight); • Braun Associates, Inc., Isom and Associates, Knight Planning Services, Land Studio, Land Planning Collaborative, Sid Fox and Co., Pylman &Associates,Mauriello Planning Group, Land WEST; • Alpine Engineering, Arroyo Engineering, Benchmark Engineering, CTL Thompson, Gamba & Associates, High Country Engineering, HP Geotech, Intermountain Engineering, Peak Land Consultants, Resource Engineering, Inc., Schmeuser Gordon Meyer, Sopris Engineering, Archibeque Land Consulting, Backlund Land Surveys, Bookcliff Surveying, Eagle Valley Surveying, Eldridge Land Surveying, Gore Range Surveying, John Curran, J&K, Leland Lechner, Lines in Space, Marcin Engineering, River City Surveys, Starbuck Surveying; • State of Colorado: Department of Local Affairs, Marijuana Enforcement Division, Colorado Department of Public Health &Environment—Air Quality and Water Quality Divisions; • Emergency Response Districts: WECAD, Eagle County Health Service District, Basalt&Rural FPD, Gypsum FPD, Greater Eagle FPD, Eagle River FPD; • Special Districts: All • All Registered Home Owner's Associations and Design Review Boards. Citizen Input: Please refer to the attached correspondence from the following citizens as of the date of writing this report: • Email and letter from Buddy and Bonnie Simms, dated September 23, 2013 • Email from Carla Guarascio, dated August 24, 2013 • Letter from Michael Weisser, dated August 30, 2013 • Email from Paul Stewart, dated October 5,2013 • Email from Patrick Drennan,dated October 10, 2013 • Letter from Mike Leprino,dated October 10,2013 • Email from Lindy Phannenstiel,dated October 15, 2013 • Email from Hale Moore, dated October 15, 2013 • Letter from Eric Rosenquist, dated October 15,2013 • Email from Andrea Owens,dated October 16, 2013 • Email from Henry Gerken, dated October 18,2013 • Email from J.Kirk Senske, dated October 20,2013 EXHIBIT'A' EAGLE COUNTY LAND USE REGULATIONS ARTICLE 2 DEFINITIONS SECTION 2-100. PURPOSE 18 10/29/2013 The purpose of this Article is to define words,terms and phrases contained within these Land Use Regulations. SECTION 2-110. DEFINITIONS The following words shall have the following meanings when used in these Regulations. RETAIL MARIJUANA BUSINESS means any Retail Marijuana Establishment as that term is defined in C.R.S.12-43.4-103(17,and includes, but is not limited to,any business relating to retail marijuana cultivation,storage,manufacturing,sales, or testing. SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Table 3-320,"Commercial and Industrial Zone Districts Use Schedule",categorizes the uses that are applicable to the County's commercial and industrial zone districts. A. Symbols.Table 3-320 utilizes the same symbols as are described in Section 3-300,Residential,Agricultural and Resource Zone Districts Use Schedule. B. Uses Not Listed.Uses that are not listed in Table 3-320 shall be considered to be uses that are not allowed,unless one of the following occurs: 1. Regulations Amended.An amendment to these Land Use Regulations is adopted,pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map,that lists the use in the table and indicates in which zone districts the use is a use by right,allowed by limited review,or allowed by special review and in which zone districts it is not allowed. 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5-220,Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3-320,"Commercial and Industrial Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. TABLE` 0 COMMERCIAL INOU `AL l ` 'lISiiiiCTS USE SCHEDULE' Uses:R=Use By light; Allowed by Lineited Review; CILI C;IG' 11 RC2 Standards S 'A1lovred Ey 5 eeial Review;N Not Allowed: Retlxil`Uses,restaurants,Persot i Offices . Adult Entertainment Uses N S S S Sec.3-330 H Agricultural Equipment,Supplies and Materials Store L R R L Appliance Sales R R NR Appliance Service or Repair L R NS Art Gallery R R NR Auto Service Station and Repair Garage3 S S R S Auto and Vehicle Parts Store R R NR Bank R R NR Barber or Beauty Shop R R N R Book,Music or Video Store R R NR Car Wash R R R L Clothing or Dry Goods Store R R NR Computer Sales Store R R NR 19 10/29/2013 TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses:R=Use By Right;L=Allowed by Limited Review; C/Lt C/C' It RCt aids S=Allowed by Special Review;N=Not Allowed Computer Service R R RR Drive-Through Facility S S NS Sec.3-330 A Farmers Market R R SR Feed Store R R NR Food or Beverage Store or Bakery R R NR Furniture Store R R NR Garden Supply and Plant Materials Store/Greenhouse/Nursery R R RR Sec.3-330 B Tree Storage R R RR Sec.3-310 Aa Hardware Store R R NR Indoor Amusement,Recreation or Theater R R NR Kennel S S SS Laundromat R R NR Laundry or Dry Cleaning Pick-Up Station R R N R TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCIIEI)ULE Uses:R=Use By Right;L=Allowed by Limited Review; C/L' C/C' 1' , Re Standirds S=Allowed by Special Review;N=Not Allowed Medical or Dental Clinic,including acupuncture R R NR Medical Marijuana and Retail Marijuana Businesses R R NN Sec.3-330 I Mortuary R R NR Nightclub,Bar or Tavern L L R L Office,Business or Professional R R NR Personal Adornment/Tattoo Parlor R R NR Pharmacy R R NR Photography Studio R R NR Print Shop or Publishing R R NR Private Club R R NR Reading Room R R NR Resort Recreational Facility N N N S Restaurant R R NR Shoe Repair R R NR Studio for Conduct of Arts and Crafts R R SR Sec.3-330 C 20 10/29/2013 t, y, . cy r TOLD -32O C©ADIETICI� D'INIUS.TRIAL ZONE J)I RCTS l'r lr i° �Nt ,, it Uses:R.=Use By Right;L=AHowetl by Limited Review; C/I) ;C/01 I RC 2 Standards S.=iiilaw$by`Special,Review;N=Not:Allowed ., . Tailor Shop R R NR Vehicle,Aircraft and Pleasure Boat Rental S S R S Sec.3-330 D Vehicle,Aircraft and Pleasure Boat Sales,Storage,Service or Repair N S RN Veterinary Hospital S S SS Industrial,Service-Commercial and Whainoale lists° , , W Assembly,which does not include any fabrication of parts R R RR Auto Wrecking NN S N Commercial Laundry or Dry Cleaning Plant S R RN Compost Facility NN S N Construction and Demolition Debris Facility NS SS Contractor Storage Yard N S RS Distribution Center S S RS Extraction and Processing of gravel,minerals,rocks,sand or other earth products NN S N TABU 3 320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCIIED 1 E Uses;R=Use By Right;L=Allowed by Limited Review; , CLI CG'` I' RCZ S Allowed by Special Review;N=Not Allowed Junkyard S S SS Lumber Mill N N S N Lumber Yard N S R N Manufacture,Assembly or Preparation of Articles or Merchandise From Previously N S RN Sec.3-330 E Prepared Materials Manufacture,Compounding,Processing,Packaging or Treatment of Products N N L N Sec.3-330 F Manufacture,use or storage of explosives NN S N Motor Freight Depot N S RN Planer Mill NN S N Plant for Processing Natural Resources and Agricultural Materials N 55 S N 1 Recycling Collection or Drop Off Center R R RR Recyclable Materials Processing S S SS Recycling Operation S S R S Reduction or Disposal by Sanitary Landfill Method of waste materials,garbage,offal NN S N or dead animals;or refuse disposal area conducted under a landfill or sanitary landfill 21 10/29/2013 TABLE 3-320` COMMERCIAL AND IVST AL ZONE DISTRICTS VST,S+C� U ,F ND , Uses: Use By Right;L=Allowed by Limited Review; S=Allowed by Special Review;N=Not Allowed method Saw Mill NN S N Shop for Blacksmith,Cabinet Maker,Electrician Glazing,Machining,Plumbing,or N S RN Sheet Metal Telecommunication Facilities S S SS Transfer Station S S R S Truck Stop N S R S Warehouse or Storage Building,including mini-storage S L RN Wholesale Establishments,including sale of appliances,automotive and vehicular S S R S equipment,beverages,building materials,clothing,dry goods,feed,food,fuel, furniture,garden supply and plant materials,hardware and mobile homes Residential Uses,Home Uses and Accommodations; Day Care Center L S SL Sec.3-310 D Day Care Home L L N _ L Sec.3-310 D Dwelling Units S S NS Sec.3-330 G Hotel or Motel S S NS Mobile Home Park S S N S Sec.3-310 Y Nursing or Convalescent Home S S NS Recreational Vehicle Park S N NS Sec.3-310 Y Public Facilities,Utilities and Institutional Uses Ambulance Facility R R RR Auditorium S N NS Church S S NS Community or Public Administration Building S S NS Educational Facility S S NS Fraternal Lodge R R NR Heliport S S SS Helistop L R R L Hospital S S NS Impound Lot N S S N Library R R NR 22 10/29/2013 , TABLE 3420 COMIVIRROAX.,AS INOUSTRIAL` O 7'41 0/STRICT'S 0/STRICT' US SCI DUL G`e Uses:R."heft Right; Allowed by Limited Review; . 01,1 CJG1 R S tandards . . S=Allowed by Special Review;N Not Allowed Museum R R NR Open space or Greenbelt R R RR Park and Outdoor Recreation/Recreation Facilities R R SR Parking Lot or Garage(as the principal use of the parcel) S S SS Recycling Collection Center R R RR Post Office/Private Postal Facility R R SR Transportation Services S S SS Utilities,including water storage and treatment and wastewater treatment facilities S S SS Utility Distribution Facilities R R RR Utility Substation S S SS Water Impoundments S S SS , t Y temporary Uses Temporary Building or Use S S SS Sec.3-310 W General/Other Uses Solar Energy Device R R R R Sec.3-310 Bb Small Hydro Electric Energy S S SS Sec.3-310 Cc Small Scale Wind Energy Systems S S R S Sec.3-310 Dd Large Scale Wind Energy Systems N N S N Notes: 1. Each allowed use shall not exceed 22,000 s.f.of floor area and shall only occur on a lot greater than one(1)acre in size. Any use by right that meets these standards may only be developed on a lot that was part of a subdivision approved by Eagle County for which site specific information was provided regarding lot layout,street pattern,drainage,landscaping and utilities;otherwise,the use shall be considered a use allowed by special review. 2. Any use listed in Table 3-300 as a use by right in the Residential Suburban Medium Density(RSM)zone district shall be considered a use by right in the Rural Center(RC)zone district. Any use listed in Table 3-300 as a use allowed by special review in the Residential Suburban Medium Density(RSM)zone district shall be considered a use allowed by special review in the Rural Center(RC)zone district. 3. Auto service station may also include a car wash. 4. In addition to the standards listed for particular uses,see also Article 4,Division 5,Commercial/Industrial Performance Standards. 5. Limited to processing of natural resources and agricultural materials for food and beverages or clothing. (am 12/17/02)(am 09/11/07)(am 07/01/2011) SECTION 3-330. REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL AND INDUSTRIAL USES Certain uses are important to the County's character and functions,but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that 23 10/29/2013 are allowed by review. They also require individualized standards to review their location,site plan,operating characteristics,intensity and similar factors. Those uses in the County's commercial or industrial zone districts that require such additional standards are identified in the"Standards" column of Table 3-320,"Commercial and Industrial Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following uses are addressed in this section: A. Drive-in Facility B. Garden and Plant Materials Store C. Studio for Arts and Crafts D. Vehicle,Aircraft and Pleasure Boat Rental E. Manufacture,Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials F. Manufacture,Compounding,Processing,Packaging or Treatment of Products G. Dwelling Units H. Adult Entertainment Use L Medical Marijuana Dispensary and Retail Marijuana Businesses A.through H.—No Change I. Medical Marijuana and Retail Marijuana Businesses. (orig.2/23/2010)(am 07/01/2011) 1. Location. Medical Marijuana and Retail Marijuana Businesses shall meet the following location requirements at time of their establishment: a. Medical Marijuana and Retail Marijuana Businesses are prohibited from locating within 200 feet of: (1) Any residence;excluding residential units that are located within mixed-use commercial/residential developments and free-standing residences located within the Commercial General or Commercial Limited zone districts, (2) Any drug or alcohol rehabilitation facility; (3) Any public community center or publicly owned or maintained building open for use to the general public; (4) Any public school or private school; (5) Any public park or playground;or (6) Any licensed child care facility. b. 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 and/or Retail Marijuana Business establishment is located,and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. In the instance where 50%or more of a freestanding commercial building is located outside of the 200 foot separation area then the entire building shall be deemed compliant with the 200 foot separation requirement. c. Medical Marijuana and Retail Marijuana Businesses shall not be allowed as a home occupation or home business as defined within Chapter 2,Article 2,Definitions of these Land Use Regulations. 2. Requirements. All Medical Marijuana and Retail Marijuana Businesses shall meet the following requirements at all times: a) Have an active,up to date State of Colorado sales tax number which shall be provided to the County. b) All products and accessories shall be stored within a completely enclosed,alarmed,and secure building at all times. Products, accessories,and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. c) The consumption or inhalation of marijuana on or within the premises of a Medical Marijuana and/or Retail Marijuana Business is prohibited. d) The sale or consumption of alcohol on the Medical Marijuana and/or Retail Marijuana Business premises is prohibited. e) The premises satisfy all applicable Building Codes and Fire Codes and are equipped with a proper ventilation system so that odors are filtered and do not materially interfere with adjoining businesses. f) All transactions,including the growing,processing and/or manufacture of Medical Marijuana and/or Retail Marijuana products,shall occur indoors and out of view from the outside of the building in which the medical marijuana products are grown,processed and sold. 24 10/29/2013 g) Exterior signage on a Medical Marijuana and/or Retail Marijuana Business may indicate that marijuana may be in the store; however,all exterior signage shall be approved through the Sign Permit process and must comply with Chapter 2,Article 4, Division 4-3.,Sign Regulations of these land use regulations. h) A Medical Marijuana and/or Retail Marijuana Business lawfully operating is not rendered in violation of these Land Use Regulations by the subsequent location of any sensitive use as delineated in Section 3-330.I.1.a,above. i) Each Medical Marijuana and/or Retail Marijuana Business shall be operated from a fixed location. No Medical Marijuana and/or Retail Marijuana Business shall be permitted to operate from a moveable,mobile or transitory location. Deliveries of medical marijuana products may be delivered only by properly registered Primary Care-givers to homebound patients as that term is defined by the State of Colorado and subject to all local and State licensing requirements for such home deliveries. j) A Medical Marijuana and/or Retail Marijuana Business shall not open earlier than 9:00 a.m.and shall close no later than 7:00 p.m.the same day. A Medical Marijuana Business and/or Retail Marijuana Business may be open seven days a week. k) There shall be posted in a conspicuous location in each Medical Marijuana and/or Retail Marijuana Business a legible sign containing the following warnings: (23(1)A warning that the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery,and that it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence or impaired by marijuana; (3(2)A warning that loitering in or around the Medical Marijuana and/or Retail Marijuana Business is prohibited by state law;and (4)(3)A warning that possession and distribution of marijuana is a violation of federal law. 1) Prior to operating,each Medical Marijuana and/or Retail Marijuana Business shall obtain and comply with terms of all applicable local and State licensing. m) Commercial cultivation and production of r Medical erMarijuana and/or Retail Marijuana is expressly prohibited as a home occupation or home business as defined within Chapter 2,Article 2,Definitions of these Land Use Regulations. n) The maximum amount of medical marijuana that may be cultivated and produced in any residence,at any point in time, is twelve(12)ounces of a usable form of marijuana,and no more than thirty-six(36)marijuana plants,with eighteen(18) or fewer being mature,flowering plants that are producing a usable form of marijuana regardless of the number of patients or primary care-givers that may reside in such residence. Such collective limits shall in no way authorize or entitle a patient or primary care-giver to grow,maintain,or possess more than what they are legally allowed to do per Title 12,Article 43.3 of the Colorado Revised Statutes,as may be amended from time to time. All other residential growing is prohibited. o) The maximum amount of recreational marijuana that may be cultivated and produced in any residence,at tiny point in time,is three(3)ounces of a usable form of marijuana,and no more than eighteen(18)marijuana plant:.with nine(9)or fewer being mature,flowering plants that are producing a usable form of marijuana regardless of the number of persons of twenty-one(21)years of age residing in such residence.Such collective limits shall in no way authorize or entitle a person to grow,maintain,or possess more than what they are legally allowed to do per Title 12, Article 43.4 of the Colorado Revised Statutes,as may be amended from time to time. e)p)For the purposes of this section of the land use regulations,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 these Land Use Regulations,which are held in single ownership with the primary residence. p3q)Medical Marijuana Businesses and/or Retail Marijuana Businesses are prohibited from locating inside any Planned Unit Development unless expressly allowed within the Planned Unit Development. 3. Severability. If any provision,clause,sentence or paragraph of this regulation or the application thereof to any person or circumstances shall be held invalid,such invalidity shall not affect the other provisions of these regulations which can be given effect without the invalid provision or application,and to this end the provisions of this regulation are declared to be severable. DISCUSSION: 25 10/29/2013 Scot Hunn explained that staff was asked to draft text amendment to the Eagle County Land Use Regulations, specifically, article 2 and article 3, adding text that would regulate Retail Marijuana Business in Unincorporated Eagle County. Cultivation for 3 different zone districts and social clubs had been discussed. A definition for Retail Marijuana Businesses was added. Bryan Treu stated that the Planning Commission was asked to address this from a zone perspective. He provided a history. Amendment 64 allowed jurisdictions to prohibit or adopt regulations. Amendment 20 passed in 2000 allowed a person with medical needs to have 2 oz. of medical marijuana and up to 6 plants for medical purposes. HB10-1284 set up a dual state and local licensing system. The current regulations allowed medical marijuana in commercial limited zone districts as a use by right with a 200 foot buffer from homes, schools,and community centers. The Controlled Substance Act in Colorado could still be enforced but the federal government would not challenge Colorado's ability to regulate retail marijuana in accordance with state law provided that Colorado implemented strong and affective regulatory safety systems that address public safety,public health and other law enforcement interest. Amendment 64 made marijuana possession and growing legal for adults over 21. Any adult in Colorado over the age of 21 could possess 1 ounce or less of marijuana and grow up to 6 marijuana plants. As for commercial,anyone manufacturing or selling marijuana or marijuana products must to have a license. There were three types of licenses; cultivation license,product manufacturing license, and testing facility license. Amendment 64 required the Department of Revenue to adopt rules by July 1, 2013. Permanent rules were put in place September 2013. The licensing fee was capped at$5,000 for new business and$500 for medical marijuana businesses converting; half of the fees went back to local jurisdiction. An excise tax of 14%was approved;the first 40 million went to schools. Counties could opt out.The amendment also required local jurisdictions to accept applications by October 1 which is why the county approved a temporary ban that went through the end of the year to make sure the state and county had everything in order. Eagle County banned marijuana in its facilities,mainly in the court house and airport. The amendment did not require an employer to permit or accommodate use or possession in the workplace or allow driving under the influence or while impaired. The amendment did not prohibit an employer or person from control and property from prohibiting or regulating the use or possession on such property. He reviewed the Amendment 64 taskforce recommendations.He spoke about the 4 legislative bills that came out last session,HB-1317 being the big one,which adopted most of the recommendations by the taskforce. HB-1318 put the sales tax and excise tax on the ballot this year. 15%of the taxes collected would go to local governments. HB-1325 added a drug component to the DUI and DWUA statutes. Senate Bill 283 created training for law enforcement,created an open container offence, etc. He reviewed the Medical Marijuana rules that came out July 1St that created uniform forms and application process. The fees ranged from$3,700 to $14,000 dependent on the size of the facility. Cultivation was $2,700. The facilities would be inspected by the state. Security alarms and cameras would be required for inside retail and outside grow facilities. No deliveries or mobile dispensaries would be permitted. THC in edibles would be limited to 100 mg. There would state certified scales and a statewide system that would track all the retail marijuana. No advertising would be permitted. Mr. Hunn stated that staff added"retail marijuana businesses"after each place that"medical marijuana businesses should up in the regulations. They sent referrals to a long list of public and private entities. Staff received a response from the Eagle County School District,Eagle County Health and Human Services,the town of Basalt, and town of Gypsum. He explained the Planning Commission recommendations that would allow commercial cultivation in rural large lot zone districts,R,RL and AR via a special use permit. They recommended allowing manufacturing and testing in the same districts also through a special use permit. Social Clubs were discussed and it was recommended that they be confined within commercial zone districts via special use. They recommended setting limits for residential cultivation for private consumption. It was recommended that the mapping be amended in Dotsero to remove an area near the new boat launch. Staff received comments from the school district about the commercial area in Edwards near Battle Mountain High School. They also discussed the total number of retail marijuana businesses that should be allowed moving forward. He stated that the board could consider the application and all the relevant support materials,and public testimony given at the public hearing. The text amendment had been fully vetted by the attorney's office. He presented a map with the 200 foot separation and 500 foot separation for the Eagle-Vail,Edwards,Wolcott,Dotsero,and El Jebel areas. Chairman Fisher opened public comment. 26 10/29/2013 Dr. Jason Glass, Eagle County Schools Superintendent commented on the proposed regulations. He and the school board expressed concerns with the 200 ft. limit;they believed it would be too close to the schools in Edwards and Eagle Vail areas. He suggested a 500 ft. or even a 1,000 ft.buffer. He also suggested regulating the operating hours and any social clubs so as not to coincide with school activities. He asked that the board consider the young people in the community when making their decision. Eric Rosenquist believed that the voters had already spoken by a two to one margin. A recent survey indicated that alcohol use by 19-29 year olds had dropped since the availability of legal marijuana throughout the country. He believed the land use regulations did not take away anyone's rights. He feared that tourists would be forced to drive out of the area to make their purchases. He supported the amendments as presented. Murphy Murri spoke. She was part owner and operator of Tree Line Premier MMC in Eagle Vail. She believed the people of this industry accepted the board's input because it was important to them that they set a good example for the community and the industry, and show the rest of the nation that they were capable of producing the product, selling and using the product as adults. They would accept the regulations and do everything possible to comply with them. She encouraged the board to lift the moratorium and allow for retail sales. She believed that tax revenue was important and would add up. This was a nationwide change and people are becoming more accepting of cannabis use in general. She would comply with whatever the board deemed appropriate. She supported retail marijuana business sales. Tom Nern,local resident of 9 years spoke. He believed that the community embraced the skiing,hunting and the fishing industry. He believed it could have a devastating effect on the community and was concerned with the impacts it could have on children. Ellen Colerick,resident of 30 years spoke. She did not want to see the county become a magnet for drug tourist. She did not want it compared to alcohol. She believed that if the second homeowners and tourist were able to attend the meeting most would agree that they did not want recreational marijuana. Pete Tram spoke about the public safety aspects of recreational marijuana. He believed that cannabis was a green renewable industry. The income potential ranged dramatically and local government could and should tax recreational cannabis. He also believed that it could mean additional good paying jobs. Michele Stecher, Executive Director of the Eagle River Youth Coalition encouraged the board to consider the substance coming into the community in greater quantities and the impact it could have on young people as far as access and acceptability. She spoke about brain development and the negative impact that marijuana consumption had on young people's minds and body. She believed the social cost could be significant. Her first recommendation would be to join the 37 communities in the state that prohibited the recreational sale and cultivation. If the board chose to allow retail marijuana she encouraged that the buffer zone be increased to 500— 1,000 feet between schools, daycare facilities, and other youth serving facilities. She also encouraged a buffer between locations and/or limiting the number of licenses. Candace Eves, Eagle River Youth Coalition spoke. She supported more education but did not believe that any tax revenue from retail marijuana would support education. She did not want the valley to become a place for people to come and use recreational marijuana. Mike Cacioppo spoke.He spoke about the health, safety and welfare clause. He warned the 3 commissioners that if they passed this they would be aiding and abetting the violation of federal law. They could find themselves of being incarcerated in the future. If the board was going to allow this to happen they needed-to consider shoulder taps. He spoke about the Nathan Hall trial and the residue found in Mr. Hall's backpack. Did the county want to be known as the pot capital of Colorado? Sheriff Hoy spoke. He felt that the board had a difficult decision. He believed that it was important that the board consider the kids. He agreed with all the comments made by the Eagle River Youth Coalition. If the board were to pass this,his office would support the shop owners to make sure they had the safety and security needed to run their business and they would also monitor them to make sure they don't step over the line. Kirk Alexander spoke. He advocated for cultivation facilities in the county on agricultural land. Tab Bonedy spoke. He asked the board to join the other 37 counties in prohibiting the sale of retail marijuana. Rhett Jordon from Native Roots Apothecary of Denver spoke. He recently applied for a license in Eagle Vail. He believed it was important to focus on the intention. Marijuana was safer than alcohol for recreational purposes. He believed he was offering an alternative substance that was safe. He understood the concerns with security and education. Ethan Moore,resident of Eagle for 20 years and pastor of a church in Edwards spoke. He was against recreational marijuana and he did not vote for Amendment 64. He hoped the county would not elevate any 27 10/29/2013 financial needs to a greater value and priority than what was in the best interest of the children and the youth in the county. He believed the use would increase. He supported a buffer of 500-1,000 ft. Jeannie McQueeny spoke. Her primary concern was with the students of Eagle County. She was concerned with the location near Battle Mountain High School in Edwards. Rolly Jorden, Real Estate Broker in Eagle County spoke. She supported retail recreational marijuana. In the 40 years of coming to Eagle County people had been smoking dope. Why wouldn't the county want to regulate it? Josh Alexander spoke. He supported retail marijuana. Murphy Muni encouraged that the board consider a transaction fee or license fee that would go towards funding educational programs in Eagle County. Barbara Allen spoke. She had a respect for marijuana and the possibilities it had as medicine. She believed that marijuana was as dangerous as alcohol if misused. She believed Vail Resorts supported family values and did not support marijuana on the slopes. She spoke about the number of schools in Edwards and the number of children that could be exposed to marijuana if approved. She would like to keep it out of Edwards all together. Michael Warmuth spoke. He spoke as a parent and opposed retail marijuana. Daniel Rolfe spoke as a user of medical marijuana. He believed that retail marijuana was an opportunity for the county to lead the way. He spoke about the industrial hemp plant uses. He supported responsible marijuana use. Ms.Allen spoke about soil contamination by growers and carcinogens in the air that could be created by social clubs. She spoke about the 16,000 second homeowners and other investors of the county that were not able to vote. Chairman Fisher closed public comment. Commissioner Chandler-Henry expressed a desire to table the file to allow time to consider everything. Commissioner Ryan thanked everyone that had taken the time to attend the meeting and submitted letters and email. She believed that a 500 or 1,000 ft.buffer may not allow retail marijuana shops in Eagle County. She spoke about teen use in Eagle County. She is a mother and public health professional and she believed that there was research and evidence out there that had shown that there was not an increase in teenage use. She presented a PowerPoint presentation that summarized the research as she's read it. The research indicated that as usage by teens had declined with the passage of medical marijuana laws. The percentage of 9th and 12th graders that used marijuana did not vary much prior to-the passage of the marijuana laws. In terms of access to medical marijuana during the 2011-2012 Eagle County healthy kid's survey indicated that 18%had obtained marijuana in the past 30 days. 24%reported it would be easy to get. 26%of teens nationally say that marijuana was easier to buy than cigarettes,beer, or prescription drugs. Edible products were expensive and the survey indicated that less than 1% of young people had consumed them. Evidence was starting to show that regulation was a good thing socially in terms of reducing use among the youth. She did not want to over regulate to where the black market was still thriving because the access to regulated market had barriers. Commissioner Chandler-Henry believed that as an elected official her job was to uphold and respect the will of the people. She believed that thoughtful regulations were important. Recent studies indicated that there was no evidence that use by teenagers had risen since the 1990's. She believed that the Planning Commission did a good job. She questioned the leeway when it came to the boundaries near Battle Mountain High School. Mr. Treu stated that the board could be very targeted in how they did this. The area could be removed from the allowable areas. Commissioner Chandler-Henry believed that the education aspect was important. A free market society was better than a black market society. Chairman Fisher spoke about the votes that had passed allowing medical marijuana in unincorporated Eagle County. At this point she was challenged with opening the doors in the county for retail marijuana. The residents of Eagle County voted for the ability to grow and buy not the tourists. Creating this or seeing this as a tax opportunity was the last thing on her mind. Medical marijuana had a place in every community but recreation marijuana was up to each individual. She could see the county oversee the grow operations. She believed this was a new endeavor on a national basis. She believed that the retail stores should be limited to the incorporated towns. The number of medicinal shops was adequate for the community and future boards could revisit it when there was established data. Social clubs were more appropriate in the community populations. 28 10/29/2013 Commissioner Chandler-Henry moved to table the file no. LUR-4476 Retail Marijuana Regulation Amendment until November 18,2013. Commissioner Ryan seconded the motion. The vote was declared unanimous. Work Session 31. 2014 Capital Improvements Projects Tom Hyatt,Finance There being no further business before the Boa • -eting was adjourned until November 12, 2013. 4, zr � ' x Attest: �� '� '` �� � 41 / Clerk to the Board c, I airman 29 10/29/2013