HomeMy WebLinkAboutR10-023 Land Use Regs Amendment to Med Marijuana Disp' ~ t' ~ ~ ~- ~ ~ ~ ` 1 moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2010-
Eagle County File No. LUR-2473
EAGLE COUNTY LAND USE REGULATION AMENDMENT PERTAINING TO
MEDICAL MARIJUANA DISPENSARIES.
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the
"Board"), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30-28-
101, et seq., to plan for and regulate the use and development of land in the unincorporated territory of the
County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order,
prosperity, and welfare of the present and future inhabitants of the County of Eagle; and
WHEREAS, Eagle County is experiencing high rates of population growth, increased population
density and increased environmental pressures as a result of land development within Eagle County; and
WHEREAS, the construction of new developments within the County is placing significant
additional demands on the natural and human-made environment alike; and
WHEREAS, the volume and pace of land development in the County threatens the natural
envirommental attributes of Eagle County; and .
WHEREAS, the Board finds and determines that one of the primary roles of development review
is to ensure that changes in land use are awarded in such a manner that will promote and protect the
convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County;
and
WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use
Regulations as contained herein and 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 APPROVED File No. LUR-2473, applicable to all new Medical
Marijuana Dispensaries EFFECTIVE February 23`d, 2010;
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the day of March, 2010, ~u~nc pro tu~rc
to the 23rd day of February, 2010.
I4-u2-~
ATTEST:
By:
~ ~
Teak J. Simonton
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO,
by and through its BOARD OF COUNTY
COMMISSIONERS
~'~~. ,-
Z ~~
may:
',,` ~ * Sara J. Fishe ,Chairman
B
-~
Commissioner i ~C ~ ~ ~ - ' ~ seconded adoption of the foregoing Resolution. The roll having been
called, the vote was as f lows:
Commissioner Sara J. Fisher~'-
Commissioner Jon Stavney z~
Commissioner Peter F. Runyon ~
This Resolution passed by vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
Bp~ ,._
Peter .Runyon, Commissioner
EXHIBIT `A'
EAGLE COUNTY LAND USE REGULATIONS
ARTICLE 2
DEFINITIONS
SECTION 2-100. PURPOSE
The purpose of this Article is to define words, teens 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.
MEDICAL MARIJUANA DISPENSARY means. and includes the use of any property or
to distribute, transmit, give, dispense, or otherwise provide marijuana in any manner, in
accordance with Section 14, of Article XVlll of the Colorado Constitution and other app.
laws and regulations of the State of Colorado.
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,
A~riculh~ral 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 Com-nunity Development Director determines,
pursuant to Section 5-220, Interpretations, that the proposed use is sufficiently similar to
a use listed in Table 3-320, "Commmercial 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 3-320
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE
Uses: R= Use By Right; L= Allowed by Limited Review;
S =Allowed by Special Review; N =Not Allowed C/L' C/C~ I~ RCZ Standards
Medical or Dental Clinic, includin acu uncture R R N R
nAr 1>i~,~- ~ ,~ < ~ ~ ~ ~'~~
Mortua R R N R
Ni htclub, Bar or Tavern L L R L
Office, Business or Professional R R N R
Personal Adornment/Tattoo Parlor R R N R
Phannac R R N R
Photo rah Studio R R N R
Print Sho or Publishin R R N R
Private Club R R N R
Readin Room R R N R
Resort Recreational Facili N N N S
Restaurant R R N R
Slioe Re air R R N R
Studio for Conduct of Arts and Crafts R R S R Sec. 3-330 C
Tailor Slio R R N R
Vehicle, Aircraft and Pleasure Boat Rental S S R S Sec. 3-330 D
Vehicle, Aircraft and Pleasure Boat Sales, Stora e, Service or Re air N S R N
Veterina Kos ital S S S S
Industrial, Service-Commercial and Wholesale Uses°
Asse-nbl ,which does not include an fabrication of arts R R R R
Auto Wreckin N N S N
Connnercial Laund or D Cleanin Plant S R R N
Com ost Facili N N S N
Construction and Demolition Debris Facili N S S S
Contractor Stora e Yard N S R S
Distribution Center S S R S
Extraction and Processing of gravel, minerals, rocks, sand or other earth products N N S N
(ani 12/17/02) (n~ti 09/11/07) ~urri 02/23/201
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 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
!. ll~rli~~~r1 11u~~iiuunu Ur~t~c~n~~ur~~
~-. tnrougn n. - lvo (,hange.
I. Medical Marijuana Dispensaries.
1. Location. Medical Marijuana Dispensaries shall meet the following loc
time of their establishment:
a. Medical Marijuana Dispensaries are prohibited from locating with
(1) Any residence,
(2) Arty church or religious institution;
(3) Any drug or alcohol rehabilitation facility;
(4) Any public community center or publicly owned or may
use to the general public;
(S) Any public school or private school;
(6) Any public park or playground; or
(7) Any licensed child care facility.
(8) Any Hotel, Motel or Lodge
(9) Any Retirement Home
(10) Any Elderly Care Facility
b. The 500 foot separation r.'s measured in a direct line between the closest point of the
building or unit, in the case ofmulti-tenant commercial or industrial buildings, within
which the Medical Marijumra Dispensary establishment is located, and the closest poin~
c. Exception.fr•om the 500 foot separation delineated in the previous paragraph may ~
considered if t17e Medical Marijuana Dispensary is located within a Medical Center
Medical Clinic. For the purposes ~ f this Section, these terms are defined as follow
(1) Medical Center means a.faciliry where multiple professional health c
medical services are provided sarch as general medical practice,
chiropractic, psychological, nutritional advice, physical therapy, ana
where the, focus is providing both diag~7ostic and treatment. A medic
center must contain at least three of these types of practices and then
must be at least six licensed professionals. A medical center must
contain at least 5,000 square,feet of contiguous floor area.
(2) Medical Clinic -means a professional business providing general or
special medical, chiropractic, psychological services employing three (.
or more physicians. For purposes of these regulations, physician shall
be defined as it is defined by Section 14 of Article XVIII of the Colorado
Constitution and any Colorado Department of Health mid Environment
Regulation as may now exist or Wray i~n the,fisture be adopted or
amended. There are no Nmitatio~ts on the number of physicians and
there is no maximum size limitation. Clinics may specialize in one
discipline or may include more than one h-pe of medical service.
d. Medical Marijuana Dispensaries located within a Medical Center or M
shall maintain a minimum 200 foot seem-ation from:
(I) Any residence;
(2) Any church or religions institution;
(3) Any drug or alcohol rehabilitatio~~.f
(4) Any public cornmuniry center or pul
use to the general public;
(S) Any public school or private school,
(6) Any public park or playground; or
(7) Any licensed child care_facility.
(8) Any Hotel, Motel or Lodge
(9) Any Retirement Home
(10) Any Elderly Care Facility
e. The Z00 foot separation is measured in a direct line between the closest point of the
building or i~mit, in the case ofmulti-tenmTt commercial or industrial buildings, witi
which the Medical Marijum~a Dispensary establishment is located, and the closest,
on the lot or parcel ~f lm~d upon »~hich any of the above itemized uses are located..
f. Medical Mar~uana Dispensaries shall not be allowed within a moveable, mobile o~
temporary structure. Deliveries of~medical marijuana products may be delivered o
properly registered medical marijuana Primary Care-givers to properly registered
medical marijuana Patients.
g. Medical Mar~uana Dispensaries shall not be allowed as a home occupation or hog
busi~~tess as defined iti~itl7in Chanter Z. Article 2. Definitions ofthese Land Use
School Defined. For purpose of this section, "school "means any private or pt~
educational institution including, but not limited to, pre-schools, kindergm7ens,
elementary, middle and high schools, colleges and turiversities.
i. Medical Marijuana Patient Defined A person who has a debilitating medical cor~diti~
that was previously diagnosed by a physician mad has properly obtained a registry car.
from the Colorado Department of Public Health mid Environment prior to engaging in
the medical use of marijuana, or as this term may be defined by the State of Colorado.
j. Medical Marijuana Primary Care-giver Defined A person, other than the patient an.
the patient's physician, titi~ho is eighteen years of age or older and has significmrt
responsibilih~,for managing the well-being of a patient titi•ho has a debilitating medical
condition and who has obtained a registry card, fr•orn the Colorado Department of Pub
Health and Environment prior to engaging in the distribution of medical marijuana, o~
this term may be defined by the State of Colorado.
Requirements. AU medical marijumta dispensary facilities 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, acrd associated paraphernalia shall
not be visible,fi•om a public sidewalk or right-of--way
c) The consumption or inhalation of marijuana on or within the premises of a medical
marijuana dispensary is prohibited.
d) The sale or consumption of alcohol on the dispensary premises is prohibited.
e) The premises are equipped with a proper ventilation system so that odors are_frltered anc
do not materially interfere with adjoining businesses.
,fl All transactions shall occur indoors and out of view from the outside of the building.
g) Exterior signage a~ a medical marijuana dispensary may indicate that marijumra may bf
in the store; however, all exterior signage shall be approved through the Special Use
Permit process and must comply with Chapter 2, Article 4, Division 4-3., Si n
Relations of these land use r•egulatiars.
h) A medical marijuana dispensary lawfully operating is not rendered in violation of these
Land Use Regulations by the subsequent location of any sensitive use as delineated in
Section 3-3301..1.a and Section 3-330.1. Ld, above.
i) Each medical marijuana dispensary shall be operated.from a fixed location. No medical
marijuana dispensary shall be permitted to operate from a moveable, mobile or
transitory location.
j) A medical marijuana dispensary shall not open earlier than 9:00 a. m. and shall close rro
later thmr 7:00 p.m. the same day. A medical marijuana dispensary may be open seven
days a week.
k) There shall be posted in a conspicuous locatiaz in each medical marijuana dispensary a
legible sign containing the following warnings:
(1) A warning that the diversion of marijuana,for rzon-medical purposes is a violation of
state law;
(2) A warning that the use of medical marijuana may impair a person's ability to drive c
motor vehicle or operate machinery, and that it is illegal Trnder state law 1o drive a
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marijuana;
(3) A warning that loiteri~~g i~t or around the medical marijuana dispensary is prohihi~
by state law; and
(4) A warning that possession acrd distribution of marijuana is a violation of federal la
3. Severability. If any provision, clause, sentence or paragraph of this regulation or the
application thereof to any person or circz~msta~zces shall be held im~alid, such invalidit
shall not affect the other provisions of these regulations which can be given effect with
the invalid provision or- application, and to this end the provisions of this regulation ar