HomeMy WebLinkAboutStaff Report and Exhibits - 10.13.2014 ___________________________
Michael Bennett, Publisher
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 09/26/2014.
________________________________
Pamela J. Schultz, Notary Public
My Commission expires:
November 1, 2015
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Customer: Garfield County Fair- Display &
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Your account number is: 9018549
PROOF OF PUBLICATION
THE RIFLE
CITIZEN TELEGRAM
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Michael Bennett, do solemnly swear that I am
Publisher of The Rifle Citizen Telegram, that the
same weekly newspaper printed, in whole or in part
and published in the County of Garfield, State of
Colorado, and has a general circulation therein; that
said newspaper has been published continuously
and uninterruptedly in said County of Garfield for
a period of more than fifty-two consecutive weeks
next prior to the first publication of the annexed legal
notice or advertisement; that said newspaper has been
admitted to the United States mails as a periodical
under the provisions of the Act of March 3, 1879, or
any amendments thereof, and that said newspaper is a
weekly newspaper duly qualified for publishing legal
notices and advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
9/25/2014 and that the last publication of said notice
was dated 9/25/2014 the issue of said newspaper.
In witness whereof, I have here unto set my hand this 09/26/2014.
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Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
Administrative Review Development in 100-Year Floodplain
Limited Impact Review Development in 100-Year Floodplain Variance
Major Impact Review Code Text Amendment
Amendments to an Approved LUCP
LIR MIR SUP
Rezoning
Zone District PUD PUD Amendment
Minor Temporary Housing Facility Administrative Interpretation
Vacation of a County Road/Public ROW Appeal of Administrative Interpretation
Location and Extent Review Areas and Activities of State Interest
Comprehensive Plan Amendment
Major Minor
Accommodation Pursuant to Fair Housing Act
Pipeline Development Variance
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
PROJECT DESCRIPTION
Existing Use: __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): _____________________________________________________
Description of Project: __________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
______________________________________________________ __________________________
Signature of Property Owner Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________
PROJECT INFORMATION
TYPE OF REVIEW: Text Amendment to the Garfield County Land Use and Development Code
Recreational Marijuana, Medical Marijuana, Storage and Caregivers
FILE NUMBER: TXTP 7937
APPLICANT: Board of County Commissioners/Community Development Director
DATE: October 13, 2014
I. PROPOSAL DESCRIPTION
The Director and Board have initiated this text amendment in order to bring about consistency between
the Garfield County Land Use and Development Code and the State Constitution as well as to address
building life, safety and health issues for larger grow operations.
MARIJUANA, CAREGIVER
According to Amendment 20, codified in Article XVIII of the Colorado Constitution, Section 14, Medical
Use of Marijuana for Persons Suffering from Debilitating Medical Conditions, a Primary Care-Giver
(“Caregiver”) is defined as “a person, other than the patient and the patient's physician, who is eighteen
years of age or older and has significant responsibility for managing the well-being of a patient who has
a debilitating medical condition.” The Colorado Department of Public Health and Environment restricts
Caregivers to 5 patients unless a Caregiver’s Patient Limit Waiver is applied for and approved. Each
patient may have 6 plants each (3 flowering, 3 in the vegetative state). Without a waiver, a Caregiver
can have up to 30 plants. With a waiver of the patient cap the Caregiver can have additional patients
(thus additional plants). In addition, there are doctors who will “prescribe” additional plants for a
particular patient stating “patient x must have 30 plants for her debilitating pain.” In some known cases,
the Caregiver’s growing operation has exceeded 100 plants.
The County’s current code (Section 7-903) regulates Optional Premise Cultivation Operation (“OPCO”),
but not Caregiver facilities. This Section states, it “will not be construed to apply to the private
cultivation of Medical Marijuana by a registered patient or primary caregiver as defined in Article XVIII,
Section 14, of the Colorado Constitution.” This means that Caregivers (regardless of plant count) are not
currently regulated through either Garfield County’s local land use or building regulations.
The Building and Planning Division have found this to be an issue, especially in regard to the structure in
which the Caregiver operation takes place. The Building Division has indicated that there are potential
significant structural, ventilation, humidity and electrical issues with larger scale Caregiver operations.
MARIJUANA, RECREATIONAL USE
According to Amendment 64, codified in the Colorado Constitution Article XVIII, Section 16, Personal
Use and Regulation of Marijuana, an individual has a right to grow up to 6 plants (3 flowering, 3 in the
vegetative state), as well as to grow the same amount for one other individual, for a total of 12 plants.
The County’s land use code is silent on the growing of recreational marijuana for personal use
(commercial production was prohibited by Ordinance 2013-02) and, strictly interpreted, means it is
currently prohibited. The CAO believes the County should promulgate regulations for the growing for
Personal Use to be consistent with the State Constitution.
STORAGE
The County’s definition for an OPCO does not currently contemplate “storage” as being a part of the
use. The State has recently provided guidance on Storage and will review both storage on-site (in a
permitted OPCO) and off-site (at a separate facility) under the State’s OPCO regulations. The CAO
recommends being consistent with the State and including “storage” within the County’s existing OPCO
definition.
II. RECOMMENDATION
The CAO as well as the Planning Manager, concur that the Land Use and Development Code (“LUDC”)
should be more consistent with the State Constitution, as well as provide for clear thresholds for larger
Caregiver Operations to comply with adopted Building Codes to ensure the public health and safety
issues are properly addressed in a building permit process. The CAO and Planning Manager recommend
amending the LUDC to add the following provisions as provided in red text:
Definitions. If Caregiver and Personal Use are to be included in the LUDC, definitions must be
added. The recommended definitions are from Amendment 64 and Amendment 20.
Marijuana. Pursuant to Colo. Const. Art. XVIII, Sec. 16(2)(f), all parts of the plant of the genus
cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the
plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or its resin, including marihuana concentrate. "Marijuana" or "marihuana" does not
include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the
weight of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink, or other product.
Marijuana, Personal Use. Pursuant to Colo. Const. Art. XVIII, Sec. 16(3)(a)-(e)., and
notwithstanding any other provision of law, the following acts are not unlawful and shall not be
an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure
or forfeiture of assets under Colorado law for persons twenty-one years of age or older:
a. Possessing, using, displaying, purchasing, or transporting marijuana accessories or
one ounce or less of marijuana.
b. Possessing, growing, processing, or transporting no more than six marijuana plants,
with three or fewer being mature, flowering plants, and possession of the marijuana
produced by the plants on the premises where the plants were grown, provided that
the growing takes place in an enclosed, locked space (a space with walls, a roof and
doors), is not conducted openly or publicly, and is not made available for sale.
c. Transfer of one ounce or less of marijuana without remuneration to a person who is
twenty-one years of age or older.
d. Consumption of marijuana, provided that nothing in this section shall permit
consumption that is conducted openly and publicly or in a manner that endangers
others.
e. Assisting one other person who is twenty-one years of age or older in any of the acts
described in paragraphs (a) through (d) of this subsection.
Marijuana, Medical Use. Pursuant to Colo. Const. Art. XVIII, Sec. 14(1)(b)., The acquisition,
possession, production, use, or transportation of marijuana or paraphernalia related to the
administration of such marijuana to address the symptoms or effects of a patient's debilitating
medical condition, which may be authorized only after a diagnosis of the patient's debilitating
medical condition by a physician or physicians.
Marijuana, Caregiver: 12 or Fewer Plants. Pursuant to Colo. Const. Art. XVIII, Sec. 14(1)(f).,
"Primary care-giver" means a person, other than the patient and the patient's physician, who is
eighteen years of age or older and has significant responsibility for managing the well-being of a
patient who has a debilitating medical condition and that grows 12 or fewer plants.
Marijuana, Caregiver: 13 or More Plants. Pursuant to Colo. Const. Art. XVIII, Sec. 14(1)(f).,
"Primary care-giver" means a person, other than the patient and the patient's physician, who is
eighteen years of age or older and has significant responsibility for managing the well-being of a
patient who has a debilitating medical condition.
Optional Premises Cultivation Operation (OPCO). An entity or facility A person who has been
issued a Medical Marijuana Center and/or infused product manufacturing license pursuant to
the Colorado Medical Marijuana Code, and who is licensed or seeking licensing to grow, or
cultivate, or store Medical Marijuana at a premises for the purpose of supplying its associated
licensed center or infused product manufacturer. Manufacturing of Marijuana-infused products
and retail sales of Medical Marijuana are expressly prohibited in unincorporated Garfield
County, including at an Optional Premises Cultivation Operation. The term “Optional Premises
Cultivation Operation” does not apply to the private cultivation of Medical Marijuana by a
registered patient or primary Caregiver who is growing an amount medically necessary to
address a debilitating medical condition as set forth in Section 14(4) of Article XVIII of the
Colorado Constitution.
Standards.
Marijuana, Medical Use.
i. Any person growing marijuana for their own medical use shall comply with
Amendment 20, Article XVIII, § 14 of the Colorado Constitution and the County
Land Use Code.
ii. Any person growing marijuana for their own medical use shall grow it in an
enclosed locked space (a space with walls, a roof and doors), not viewable by
the public.
iii. The individual growing for their own medical use is restricted to growing 6
plants (3 mature or flowering, 3 immature).
Marijuana, Caregiver: 12 or Fewer Plants.
i. Any person growing marijuana for their patients’ medical use shall comply
with Amendment 20, Article XVIII, § 14 of the Colorado Constitution and the
County Land Use Code.
ii. Any person growing marijuana for their patients’ use shall grow it in an
enclosed locked space (a space with walls, a roof and doors), not viewable by
the public.
iii. The Caregiver is restricted to 12 or fewer plants (6 mature or flowering, 6
immature) nothwithstanding the caregiver’s ability to grow additional plants a
maximum of 30 plants unless they have applied for and been granted a waiver
of the Caregiver’s patient limit and be recognized as a Caregiver: 13 or More
Plants.
Marijuna, Caregiver: 13 or Fewer Plants should be combined with the existing 7-903 that currently
regulates OPCOs.
7-903. OPTIONAL PREMISES CULTIVATION OPERATION AND MARIJUANA, CAREGIVER: 13 OR MORE
PLANTS
The use of land, buildings, or structures to grow, produce, cultivate, sell, dispense, distribute, store, test,
or manufacture Marijuana and/or Marijuana-infused products is not permitted anywhere in
unincorporated Garfield County, except to the extent specifically set forth in this Code. This section will
not be construed to apply to the private cultivation of Medical Marijuana by a registered patient or
primary caregiver as defined in Article XVIII, Section 14, of the Colorado Constitution.
A. Signs.
All signage associated with an OPCO or a Marijuana, Caregiver: 13 or More Plants shall be
prohibited.
B. Odor.
An OPCO or a Marijuana, Caregiver: 13 or More Plants shall not produce adverse or noxious odors
that can be detected outside of the licensed premises in which it is occurring. All applications shall
include proposed methods of odor control.
C. Visual.
All Marijuana plants, products, by-products, waste, and associated equipment identifying the use
as an OPCO or a Marijuana, Caregiver: 13 or More Plants shall be contained entirely within an
enclosed building and shall not be visible from outside the building. Applicants must provide an
alarm system and security system plan for the subject building that meets State law for buildings
containing an OPCO or a Marijuana, Caregiver: 13 or More Plants. All processing, packaging, and
business transactions shall take place indoors and in a manner that does not disclose the identity
of the use. The facility shall be constructed in a manner that prevents any nighttime leakage of
lighting. All products being transported from the OPCO or a Marijuana, Caregiver: 13 or More
Plants shall be wrapped or contained in such a manner that does not disclose its contents.
D. Location.
1. An OPCO or a Marijuana, Caregiver: 13 or More Plants shall not be located closer
than 1,000 feet from any of the following uses. The distance between the OPCO
or a Marijuana, Caregiver: 13 or More Plants and the neighboring land use shall
be measured as the crow flies from the nearest property line of the land use to
the nearest portion of the building in which Medical Marijuana is to be cultivated.
a. An education facility;
b. A Family Child Care Home;
c. A public park;
d. Drug and alcohol treatment facilities (“Group Home Facility”);
e. A Place of Worship; and
f. Public Building.
2. No Land Use Change Permit shall be issued to an OPCO that is connected with a
Medical Marijuana Center outside of Garfield County.
E. On-Site Use.
The consumption, ingestion, or inhalation of Medical Marijuana or alcohol is prohibited in or on
the premises of an OPCO or a Marijuana, Caregiver: 13 or More Plants.
F. Other Applicable Licenses.
Prior to operating, an OPCO must obtain and comply with the terms of all applicable State and
local licensing and present those approved licenses to the County Community Development
Department and County Clerk and Recorder. An Optional Premises Cultivation Operation shall
post these documents in the premises. Optional Premises Cultivation Operations that existed
prior to June 21, 2010, and have been confirmed by the BOCC through the local verification
process in a Public Hearing, must provide proof of that approval.
G. On-Site Notice.
A legible sign as required by State law shall be posted in a conspicuous location in each OPCO and
Marijuana, Caregiver: 13 or More Plants.
H. Compliance with Other Laws and Regulations.
An OPCO or a Marijuana, Caregiver: 13 or More Plants shall comply with all applicable State and
local Building Codes, laws, and regulations
Uses. In order to provide additional clarity about what types of grow operations are allowed
within the County for Caregivers and Personal Use, it is recommended that the Use Table 3-403
is modified to reflect this type of accessory use.
III. STAFF ANALYSIS – LUDC CRITERIA FOR A TEXT AMENDMENT
Section 4-114 outlines the procedures and criteria for consideration of a Land Use Code Text
Amendment request to the LUDC. The criteria for approval of a Land Use Code Text Amendment are as
follows:
1. The proposed text amendment is in compliance with any applicable intergovernmental
agreements; and
There are no intergovernmental agreements impacted by the proposed text amendment.
2. The proposed text amendment does not conflict with State law.
This proposed text amendment would make the County’s Land Use Code more consistent with
the Colorado Constitution Article XVIII, Section 14 Medical Marijuana Use for Persons Suffering
from Debilitating Medical Conditions as well as Article XVIII, Section 16 Personal Use and
Regulation of Marijuana.
IV. PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this request for a text amendment at their August 13, 2014 meeting.
The Planning Commission unanimously recommended approval of the text amendment with minor
corrections (reflected in the propose text).
V. BOARD OF COUNTY COMMISSIONERS RECOMMENDED FINDINGS
The Board should review this proposed text amendment and motion to approve, approve with
modifications or deny the Code Text Amendment. Should the Board decide to approve the text
amendment, the following findings are recommended:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That the Code Text Amendment is in compliance with the criteria for approval established
in Section 4-114 of the Land Use and Development Code; and
4. That for the above stated and other reasons the proposed Code Text Amendment is in
the best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
TXTP 7937
Marijuana: Personal Use, Medical Use and Caregivers
“Caregiver”
•Amendment 20
–a Primary Care-Giver (“Caregiver”) is defined as “a person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.”
–Each patient may have 6 plants each (3 flowering, 3 in the vegetative state)
–The Colorado Department of Public Health and Environment restricts Caregivers to 5 patients unless a Caregiver’s Patient Limit Waiver is applied for and approved
Marijuana, Personal Use
•Amendment 64
–an individual has a right to grow up to 6 plants (3
flowering, 3 in the vegetative state), as well as to
grow the same amount for one other individual
–total of 12 plants
–LUDC is silent on the growing of recreational
marijuana for personal use
Marijuana, Medical Use
•Amendment 64
–an individual has a right to grow up to 6 plants (3
flowering, 3 in the vegetative state),
Storage
•Amendment 64
–The State has recently provided guidance on
Storage and will review both storage on-site (in a
permitted OPCO) and off-site (at a separate
facility) under the State’s OPCO regulations
Planning Commission
Recommendation
•Make county code congruent with Colorado Constitution and State law
•Add definition and standards for:
–Marijuana, Personal use
–Marijuana, Medial Use
–Marijuana, Caregiver
•Revise definition for:
•Optional Premises Cultivation Operation (OPCO)
•Amend Table 3 -403
Definitions
Definitions
Definitions
Definitions
Standards
Standards
Standards
Standards
Use table
Use Table