HomeMy WebLinkAboutR18-014 Amendment to Medical and Retail Marijuana Business Regulations Commissioner NSC Qa.4 t.-1 r.`'. moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2018- 0 If
Eagle County File No.LUR-7166
APPROVAL OF EAGLE COUNTY LAND USE REGULATION AMENDMENT PERTAINING
TO MEDICAL AND RETAIL MARIJUANA BUSINESS REGULATIONS
WHEREAS, Eagle County, Colorado (the "County") is a political subdivision of the State of
Colorado(the"State"),duly organized and existing pursuant to the laws and the Constitution of the State;
and
WHEREAS, the Local Government Land Use Enabling Act, 29-20-101, et seq., C.R.S. ("Land
Use Act"), and the County Planning Code, 30-28-101 et seq., C.R.S. ("PIanning Code") expressly
delegate paramount authority to counties to implement land use regulations on unincorporated territory
within their boundaries;and
M
WHEREAS, the Board of County Commis/4s s.for the County (the "Board") has previously
authorized and regulated the cultivation, sales,man dt n and testing of medical and retail marijuana
businesses within commercially zoned areas of uni }coated Eagle County as permitted by state law,
and established specific standards for such businesse. IKI
tht4
WHEREAS, the Board has recently amended and updated the Eagle County Medical and Retail
Marijuana Business Licensing Regulations;and
WHEREAS, the Colorado Legislature enacted HB17-1220 amending C.R.S. § 18-18-406(3)(a)
and adding C.R.S. § 18-18-406(3)(c) and the Board desires to have its Planning Code to coincide with
state statute;and
WHEREAS, the Board desires to authorize amendments to the Eagle County Land Use
Regulations("ECLUR")that reflect reliance on the Eagle County Medical and Retail Marijuana Business
Licensing Regulations and state statute;and
WHEREAS, at public hearings held on February 1, 2018, and February 7, 2018, the Roaring
Fork Valley Regional Planning Commission and the Eagle County Planning Commission(hereinafter the
"Planning Commissions") considered proposed amendments to the ECLUR as contained herein and
attached as Exhibit "A" (herein after the "amendments") for the purpose of reflecting reliance on the
Eagle County Medical and Retail Marijuana Business Licensing Regulations and state statute; and
WHEREAS, at a public hearing held on February 13, 2018, the Board considered the
amendments, the statements of the Eagle County staff and other interested parties, and the
recommendations of the Planning Commissions; and
WHEREAS,the Board finds and determines that the amendments to ECLUR attached as Exhibit
"A", are necessary and designed for the purpose of promoting the health, safety, convenience, order,
prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the
County's goals,policies and plans,including the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle,State of Colorado:
THAT, the Board hereby APPROVES File No. LUR-7166, and the amendments to the ECLUR
attached hereto as Exhibit"A";and
THAT, such amendments shall be applicable to all medical and retail marijuana businesses
EFFECTIVE February 13,2018;and
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 20th day of February,2018,nunc pro tunc to
the 13th day of February, 2018.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
ATTEST: cf op-It
CoIOR" r / .� -
By: By: A �. .t
Regina O'Brien . • ' tr r r-Hen N •'r--
Clerk to the Board of /-7
County Commissioners By; / AMP
Jillian H. Ryan,Commis;. er
By: LI+m
/.panne cQuee a Commissioner
Commissioner ('.r.. seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Kathy Chandler-Henry I,444
Commissioner Jillian H.Ryan la-t4
Commissioner Jeanne McQueeney 4-44
This Resolution passed by vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
EXHIBIT A
ARTICLE 3:ZONE DISTRICTS 3-330.REVIEW STANDARDS COMMERCIAL&INDUSTRIALUSES
D. Vehicle, Aircraft and Pleasure Boat Rental.In the Commercial Limited(C/L)zone district,
rentals shall be limited to vehicles only and shall exclude aircraft and pleasure boats.
E. Manufacture,Assembly or Preparation of Articles or Merchandise from Previously Prepared
Materials.Manufacture,assembly or preparation activities shall be limited to only the prepared
materials listed in Table 3-330 E.,List of Prepared Materials.
TABLE 3-330 E.
LIST OF PREPARED MATERIALS
1. Aluminum; 12. Hair; 21. Rubber;
2. Bone; 13. Horn; 22. Shell;
3. Canvas; 14. Iron; 23. Steel;
4. Cellophane; 15. Lacquer; 24. Textiles;
5. Cloth; 16. Leather; 25. Tin;
6. Cork; 17. Paint;' 26. Tobacco;
7. Feathers; 18. Paper; 27. Wax;
8. Felt; 19. Plastic; 28. Wire;
9. Fiber; 20. Precious cx 29. Wood;2
10. Fur; semi-precious metals 30. Yarn.
11. Glass; or stones;
Notes:
1. Painting shall not employ a boiling process.
2. Excluding saw mill,lumber mill,planning mill,and molding plant.
F. Manufacture,Compounding,Processing, Packaging or Treatment of Products.
1. Limitations.Manufacture,compounding,processing,packaging or treatment shall be
limited to items such as bakery goods,candy,cosmetics,dairy products,drugs,meat,
perfumed toilet soap,perfumes,pharmaceuticals and toiletries.
2. Exclusion.Manufacture,compounding,processing,packaging or treatment shall
specifically exclude the rendering of fats and oils,fish and meat slaughtering and
fermented foods,such as sauerkraut,vinegar or yeast.
G. Dwellings Units.Via Special Use Review,in the Commercial-Limited and Commercial-General
Zone Districts,mixed-use commercial and residential development may be approved. The
appropriate ratio of residential use to commercial use will be reviewed on a case-by-case basis
subject to the standards established for Special Use Review. (am.07/26/2011)
H. Adult Entertainment Use. An adult entertainment Use shall not operate within 500 feet from any
of the following preexisting uses: a single family residence,a multi-family residence,a duplex
residence,a school or a church.
1. Operating Hours.Adult entertainment uses shall be open only from the hours of
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ARTICLE 3:ZONE DISTRICTS 3-330.REVIEW STANDARDS COMMERCIAL&I NDUSTRIA LUSES
6:00 p.m.to 1:00 a.m.,except that an Adult Bookstore is not required to limit its operating
hours.
2. Age Limitation. No one under 21 years of age shall be admitted to any establishment
providing an adult entertainment use.This minimum age limitation also applies to any
employees,agents,servants or independent contractors working on the premises during
hours when nude entertainment is being presented.
3. School Defined. For purpose of this section,"school" means any private or public
educational institution primarily providing instruction to students 18 years of age and
younger,including,but not limited to,pre-schools,kindergartens,elementary,middle and
high schools.
Medical and Retail Marijuana Businesses. (orig.2/23/2010)(am 07/01/2011)(am 12/31/13)(am 2/13/18)
1. Location. Medical and Retail Marijuana Businesses shall meet the following location
requirements at time of their establishment:
a. Medical 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,playground,boat ramp,or other similar recreational
amenity open to the public;or
(6) Any licensed child care facility.
b. Retail Marijuana Businesses are further prohibited from locating within 500 feet
of:
(1) Any public or private high school.
c. The 200 or 500 foot separation is measured in a direct line between the closest
point of the building or unit,in the case of multi-tenant commercial or industrial
buildings,within which the Medical 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 where
the Medical Marijuana and/or Retail Marijuana Business is located outside of the
200 or 500 foot separation area then the entire building shall be deemed compliant
with the 200 or 500 foot separation requirement.
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ARTICLE 3:ZONE DISTRICTS 3-330.REVIEW STANDARDS COMMERCIAL&INDUSTRIAL USES
d. Medical and/or 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 and/or 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 froma public sidewalk or right-of-way
c. The consumption or inhalation of marijuana on or within the premises of a
Medical and/or Retail Marijuana Business is prohibited.
d. The sale or consumption of alcohol on the Medical 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
and/or Retail Marijuana products, shall occur indoors and out of view from the
outside of the building in which the medical and/or retail marijuana products are
grown,processed and sold.
g. Exterior signage on a Medical 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 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 3-330.1.1.a,above.
i. Each Medical and/or Retail Marijuana Business shall be operated from a fixed
location.No Medical and/or Retail Marijuana Business shall be permitted to
operate from a moveable,mobile or transitory location. Deliveries of medical and/
or retail 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. There shall be posted in a conspicuous location in each Medical and/or Retail
Marijuana Business a legible sign containing the following warnings:
(1) A warning that the diversion of marijuana for non-medical purposes is a
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ARTICLE 3:ZONE DISTRICTS 3-330.REVIEW STANDARDS COMMERCIAL&INDUSTRIALUSES
violation of state law;
(2) A warning that the use of medical and/or retail 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) A warning that loitering in or around the Medical and/or Retail Marijuana
Business is prohibited by state law;and
(4) A warning that possession and distribution of marijuana is a violation of
federal law.
k) Prior to operating,each Medical and/or Retail Marijuana Business shall obtain
and comply with terms of all applicable local and State licensing.
1) Commercial cultivation and production of medical 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.
m) 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.
n) Medical and/or Retail Marijuana Businesses are prohibited from locating inside
any Planned Unit Development unless expressly allowed within the Planned Unit
Development.
o) Regardless of whether the plants are for medical or recreational use,the maximum
amount of marijuana plants that may be cultivated,grown or produced on or in a
residential property is twelve(12)marijuana plants. For the purposes of this
section,plant and residential property are defined in C.R.S. § 18-18-406(3)(c).
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.
J. Solar Energy Systems.
Solar Energy Systems able to convert radiant energy from the sun into clean renewable energy are
generally encouraged in Eagle County. It is the goal of this section of the Land Use Regulations to
allow for development of Solar Energy Systems while encouraging responsible design, and
providing for appropriate public process when the scale,location, and/or design presents
neighborhood,area,and/or community impacts.
1. Reflectivity. All Solar Energy Systems shall incorporate anti-reflectivity coating provided by
the manufacturer,as well as non-reflective materials for racking,structural, and/or other
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associated equipment. Concentrated solar devices are prohibited.
2. Setbacks. All Solar Energy Systems shall comply with dimensional limitations articulated
Table 3-340,including height,setback,and lot coverage.
3. Structure-Integrated Solar Energy System.A Structure-Integrated Solar Energy System
shall be allowed as a use by right regardless of production capacity. Such systems shall be
incidental to the primary use of the structure and subject property,and are encouraged to be
flush with the roof/top and/or wall,architecturally integrated,and utilize anti-reflective
materials.
4. Ground-Mounted Solar Energy Systems.
a. Ancillary Ground-Mounted Solar Energy Systems.Ancillary Ground-Mounted Solar
Energy Systems 15-feet or less in height measured from the highest point of the
improvement to existing or finished grade,whichever is more restrictive;shall be allowed
as a use by right.
b. Solar Farm. Solar farms over 10-kw rated nameplate capacity or equivalent in zone
districts articulated in Table 3-320 shall complete a Special Use Review and approval
pursuant to Section 5-250 and Standards identified below in Section 3-330 J.5.
•
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5. Standards. The following standards shall apply to Solar Energy Systems completing special
use review in addition to the standards specified pursuant to Section 5-250 Special Use:
a. Setbacks. All Solar Energy Systems must comply with required height and setback
requirements as defined in Table 3-340:Schedule of Dimensional Limitations.
b. Design minimizes adverse visual impact.The project applicant shall demonstrate
through visual impact analysis,materials,and/or screening to the extent practicable,that
the project will not create adverse visual impact to neighboring properties,surrounding
areas, and community buffers as further detail necessary to support Section 5-250.B.4
Design Minimizes Adverse Impact.
c. Utility grid interconnection. The project applicant shall provide to the County the
system design and interconnection to the grid;and evidence such design has been accepted
or approved by the associated utility provider.
d. Longevity and reclamation. The project applicant shall identify the proposed timeline
for its use,and shall submit a reclamation plan specifying the reclamation of the project
site which will occur upon termination of use.
SECTION 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS
A. Schedule of Dimensional Limitations.Table 3-340,"Schedule of Dimensional Limitations,"
specifies the dimensional limitations applicable to development in the County's residential,
agricultural,resource,commercial and industrial zone districts.All development shall comply
with these limitations,unless more restrictive standards or limitations are specified by these Land
Use Regulations,in the form of:
1. Standards for a Particular Use. Standards specified for a particular use in Section 3-
310,Review Standards Applicable to Particular Residential,Agricultural and Resource
Uses,or Section 3-330,Review Standards Applicable to Particular Commercial and
Industrial Uses;
2. Standards of a PUD Zone District. Standards specified by an approved planned unit
development(PUD);or
3. Other Standards.Other standards specified by these Land Use Regulations,such as any
applicable limitations for development on steep or unstable slopes.
B. Dual Use of Required Areas. A lot area,yard or open space area that is required by these Land
Use Regulations for a use shall not also be a required lot area,yard or open space area for another
use.
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