HomeMy WebLinkAbout2.0 Staff Report PC 09.14.16Land Use and Development Code Text Amendment
Planning Commission - Staff Report Exhibits
Applicant is the Garfield County Board of County Commissioners
September 1 4,2016
(Fi le TXTP-07 -1 6-847 3)
Exhibit
Number
Exhibit Description
1 Public Hearinq Notice lnformation
2 Proof of Publication
3 Garfield Countv Land Use and Development Code, as amended
4 Garfield Countv Comprehensive Plan of 2030
5 Application
6 Staff Report
7 Referral Comments f rom the Town of Parachute, dated August 16,
2016
8 Referral Comments from Colorado River Fire Rescue, dated
September 6, 2016
I
1o
TYPE OF REVIEW:Text Amendment to the Garfield County Land Use and Development Code
Marijuana Grow Operations in Garfield County - Regulation of Marijuana
Personal Use, Medical Use, and Caregivers in Garfield County
rxTP-o7-1,6-8473
Board of County Commissioners
September L4,201.6 - Planning Commission
FILE NUMBER:
APPLICANT:
DATE:
I. PROPOSAT DESCRIPTION
BOARD OF COUNTY COMMISSIONERS DIRECTION
On July t8, 20t6, the Community Development Department held a Public Meeting with the Board of
County Commissioners (Board) concerning the proliferation of marijuana grow operations in Garfield
County as a result of legal personal use, medical use and caregiver grows authorized by Amendment 64
of the Colorado Constitution. At this Meeting, the Board directed Staff to begin to process a Text
Amendment to the Land Use and Development Code of 2073, as amended (LUDC) with the Board as the
Applicant to codify Standards for Marijuana Personal Use, Medical Use, and Caregivers within Garfield
County. These Standards are to address nuisance, health and safety issues related an individual's rights to
grow marijuana for personal and medical use under the State Constitution.
BACKGROUND
Since the passage of Amendment 20 and Amendment 64, Garfield County has seen and experienced a
proliferation of personal marijuana grow operations. Many of these grow-ops are inside residential homes
but many are also large scale outdoor grow operations and greenhouses.
Currently under the County's land use regulations, the County only has the ability to regulate the grow
operations related to Operation Premise Cultivation Operations ("OPCOs"), as defined by the County's
Land Use and Development Code. The County's current code (Section 7-903) regulates OPCOs, but not
Caregiver facilities or personal grows. 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 XVlll,
Section 1.4, of the Colorado Constitution." Simply put, this means that medical marijuana growers,
caregivers, and recreational growers are not currently regulated through Garfield County's local land use
regulations. Since most greenhouse structures are considered exempt from the County's adopted Building
Code, these types of growing facilities are not subject to the County's building code provisions and
associated perm itting.
The State Department of Public Health and Environment, and law enforcement agencies are tasked with
enforcing state laws, rules, and regulations governing personal medical and recreational marijuana.
However, since the legalization of marijuana the County has learned that these agencies have little to no
ability to control the growing of personal marijuana because of the various nuances in the law. For
instance, Article XVlll, Section 14 of the Colorado Constitution authorizes medical marijuana patients to
possess no more than six plants and no more than two ounces of marijuana, however if medically
llPage
necessary, a patient may possess more than 6 plants. There are medical marijuana patients in Garfield
County with extended plant count prescriptions of 99 plants. Unlike recreational marijuana, growing of
medical marijuana is not limited to enclosed, locked space. Therefore and for example, two medical
marijuana users each with medical cards for 99 plants, living in the same household, may legally grow 198
plants outdoors. Amendment 20 specifically provides that a person shall not grow marijuana plants in
public, however there is no sanction or penalty written into the law for growing plants within view of the
public, thus no way to enforce against persons who grow in public. lf a patient violates any of the
provisions of the medical marijuana laws, such patient is subject to criminal charges, and CDPHE may
revoke the patient's medical marijuana card for a period of one-year.
Medical marijuana patients may designate a primary caregiver, and a caregiver may grow for up to 5
patients, unless they obtain a waiver from the state to grow for more. There are currently 17 people in
Colorado who have a waiver to grow for more than 5 patients. Statutes require caregivers to register with
CDPHE, provide their location, and keep copies of their patient's medical marijuana cards, however there
are no criminal or other sanctions written into the law to punish those caregivers who fail to either register
with CDPHE or provide their location. A caregiver may however be charged under the criminal statutes
if they possess more plants than allowed under the law. For instance if a caregiver has the maximum of
five patients, each authorized to have 6 medical plants, the caregiver may be charged with a crime if they
possess more than 30 plants. A caregiver may live with other caregivers, thus it is possible for multiple
caregivers to live in the same home and each grow up to 30 marijuana plants per person without a waiver
from CDPHE.
With respect to recreational marijuana, Article XVlll, Section 16, authorizes individuals to possess and
grow six plants of marijuana for recreatlonal use, and to further assist another person 2L years or older in
growing marijuana. The Colorado Attorney General's Office opined that the language "assisting another
person" means a person can assist an unlimited number of individuals, not just one person. Therefore,
an individual can grow up to six plants each for an unlimited number of other individuals so long as each
additional individual is a resident of Colorado and is over the age of 2'J.. Under the current law,
recreational marijuana must be grown in an enclosed locked space, not viewable by the public. Without
zoning regulations, individuals can legally grow hundreds of plants in enclosed, locked space in Garfield
County. No state agency has authority to enforce rules applicable to recreational marijuana growers and
as a result, enforcement has fallen to local governments.
ln the case of both medical and recreational marijuana, individuals exceeding legal plant counts are
subject to criminal penalties; however, as evidenced in the above discussion, there are a variety of
defenses available to both medical and recreational marijuana growers with large plant counts, and it is
likely the person charged can present a defense to the crime.
The County continues to receive frequent complaints regarding grow operations, ranging from those in
residential areas that are growing within traditional single family homes to those growers with large open
air grows and large greenhouses in the County's rural areas. Because these personal grow operations are
legal, law enforcement can take no action. The Community Development Department has significant
concerns with the size and scale, especially as they relate to potential issues regarding health, nuisance,
and building safety. Among these concerns are the safety issues such as the growth of mold due to
inadequate ventilation, accessibility to children and wildlife, impacts on land values, noxious odors, and
those noted by the Building Division including structural issues, inadequate ventilation, excessive humidity
in enclosed spaces which causes mold, and electrical issues associated with inadequate electrical wiring
of larger enclosed personal grow operations.
2lPage
PERSONAT USE MARTJUANA (AKA RECREATTONAL)
According to Amendment 64, codified in the Colorado Constitution Article XVlll, 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). Amendment 64 further allows an individual over the age of
21 to assist another Colorado residents over the age of 21 in growing up to six plants.
The County's land use code is silent on the growing of recreational marijuana. Because the
Colorado Attorney General's Office has interpreted the language "assisting another" to include
more than just one additional person, and there have been no further amendments to this
language orcontrarycase law, it is possibleforan individualto legallygrowan unlimited number
of recreational marijuana plants as long as those plants are for the purpose of "assisting another"
person. This has resulted, we believe, in recreational grow operations serving more than just two
people, sometimes in a cooperative scenario, and therefore having the propensity to become
quite large in scale.
MEDICAL MARIJUANA CAREGIVER
According to Amendment 20, codified in Article XVlll 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. ln addition,
there are doctors who will "prescribe" additional plants for a particular patient stating "patient x
must have 30 plants for her debilitating pain." ln some known cases, the Caregiver's grow has
easily exceeded 100 plants.
The County's land use code is silent on the growing of medical marijuana. We are now aware that
patients frequently have medical cards authorizing them to have far in excess of 6 plants.
Therefore, the County is seeing large scale medical marijuana open air grows in the County that
claim to be caregiver facilities.
II. 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
agreementsl and
There are no intergovernmental agreements impacted by the proposed text amendment.
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2. The proposed text amendment does not conflict with State law.
Following review by the County Attorney's Office, it is Staff's opinion that the proposed text
amendments do not conflict with State law.
III. REFERRAT COMMENTS
Public Notice has been accomplished as required by the LUDC. No public comments were received as a
result of the public notice. Referral Comments received on the Application are attached as Exhibits and
summarized below:
- Town of Parachute - Stuart McArthur. Town Manager (Exhibit 7): States that the Town supports
the proposed changes to the County regulations regarding limitations on the size and plant count
of personal, medical and caregiver marijuana cultivation.
- Colorado River Fire Rescue - Orrin D. Moon, Actine Division Chief/Fire Marshal (Exhibit 8):
Expressed support for the amendments and requested that the County Code Enforcement Officer
keep the Fire District informed of any known non-commercial grow operations.
No comments were received from the following referral agencies: Garfield County Sheriff, Garfield County
Environmental Health, Garfield County Emergency Management, Garfield County Public Health, the
Colorado Division of Local Government, the Town of Carbondale, the City of Glenwood Springs, the Town
of New Castle, the Town of Silt, the City of Rifle, the Carbondale and Rural Fire Protection District, the
DeBeque Fire Department, the Glenwood Springs Rural Fire Protection District, and the Gypsum Fire
Protection District.
IV. OPTIONS FOR REGULATION
ln response to size, scale, safety, nuisance (odor) and health-related issues, numerous jurisdictions across
the State adopted regulations in their land use code to limit the growing of personal and medical
marijuana. Many jurisdictions (ie. Jefferson County, City and County of Denver, Eagle County, Huerfano
County amongst others) have adopted plant count caps, whereby they limit the number of marijuana
plants that can be grown on a single property. Other jurisdictions (eg. Boulder County and Park County)
have taken the approach of limiting the area in which one can grow which has the effect of ensuring grow
operations are smaller in scale and thus do not generally have the elevated concerns for building safety
and other health and nuisance related issues. ln 20L4, Staff brought an option of regulating grow
operations through a plant count proposal. Should the Board want to consider new land use regulations,
either plant counts or limitation on grow area may be an effective means for regulating this use.
V. RECOMMENDATION
The Community Development Department suggests the following approach for regulations that we think
may be successful in addressing the size, scale and location issues related to grow operations. First, staff
recommends several definitions be added to the LUDC that clearly define terms used within the
language of the regulations. These terms are consistent with the terms used in the State Constitution.
4lPage
Staff further recommends that the definition of "Agriculture" be amended so that marijuana is excluded
as an agricultural product. The definitions should be amended as follows:
Agriculture. The use of land for production, cultivation, growing and harvesting of crops and
plants; raising and breeding livestock, commercial animal feed lot operations; harvesting, storage,
grading, packaging, processing, and distribution of agricultural commodities; construction of
internal roads, ponds, dams and ditches necessary to agricultural operations, excepting those
regulated as Water lmpoundment; dairying, aquaculture, horticulture, floriculture, viticulture,
nursery, and animal and poultry husbandry; and the necessary Accessory Uses and Structures
needed for harvesting, packing, treating, or storing, excluding forestry. Agriculture does not
include the growing of marijuana for Medical Use, Personal Use, Caregiver, or Optional Premises
Cultivation Operation (OPCO) purposes.
Enclosed Locked Space. Shall mean a permanent or semi-permanent structure covered and
surrounded on all sides (eg. walls, roof and doors) so that no plants are visible to the public or
adjacent property that is secured at all points of ingress or egress with a locking mechanism
designed to limit access such as with a key or combination lock.
Marijuana, Personal Use. Notwithstanding any other provision of law, the following acts are
not unlawfuland shall not be an offense underColorado laworthe lawof any localitywithin
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, 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 another 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. 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, as
provided by this section.
5lPage
Marijuana, Caregiver. "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. Colo. Const. Art.
XVlll, Sec. 14 (f).
To address size thresholds in the LUDC, staff recommends that the growing of marijuana for either
personal or medical use be limited to size/square feet per an individual property/parcel and by adopting
a maximum marijuana plant count for an individual property/parcel.
SQUARE FOOTAGE OF GROW SPACE AND PLANT COUNT LIMITATION
The following recommended text amendment is to address a change to the standards instituting a square
foot growing space and ptant count limitation. Staff believes this size and plant count limitation
acknowledges individual rights to grow medical or personal marijuana while protecting the citizens of
Garfield County and neighboring property owners from safety risks caused by unrestricted growing of
personal marijuana mentioned above, risks associated with unsafe building practices found in personal
marijuana grow structures, and other major nuisance issues.
A benefit of adopting regulations based on square footage is that the size limitation more directly address
building safety concerns and accounts for the transient nature of the marijuana plants, meaning that if a
landowner moves the plants, we still may be able to demonstrate that they were growing marijuana
outside of the allotted square footage. Meanwhile, some jurisdictions are using a 36 plant count cap which
is derived from the ability of caregivers to grow up to 30 plants without a State granted waiver plus the
ability for a person to also grow 6 plants for personal use. ln 2074, a 12 plant count was proposed that
was based upon the ability for a person to grow 6 recreational plants for oneself and 6 for another.
Based on input from the Building Official as well as from other jurisdictions, if the Commission considers
a grow area limitation, 300 square feet of grow area per property is a recommended area limitation. For
reference, 300 square foot is approximately the size of a modest living room or about the size of a one-
car garage. ln addition, a benefit of adopting regulations that includes the number of plants is that the
plant count tracks very closely to the constitutional amendments for the number of plants allowed for
medical and personal marijuana. To this end, Staff recommends a standard that limits personal, medical
and caregiver grows to 300 square feet and not to exceed 36 plants.
Standards. ln order to clarify the provisions and regulations that pertain to these specific types of
grows, the following standards are recommended to be added to Section 7-120L; a section
currently designed for accessory uses and structures. Note that Amendment 20 (Medical) does
not require growing to occur in Enclosed Locked Space, but staff is recommending that become a
more restrictive standard for growing medical or caregiver marijuana within the County.
6lPage
300 Square Feet and not to exceed 36 Plants per Lot20,000 Square Feet or more and
with 2 or fewer Dwellins Units
Less than 20,000 Square Feet and
with 2 or fewer Dwelline Units
L00 Square Feet and not to exceed 12 Plants per Lot
100 Square Feet and not to exceed 12 Plants per Dwelling UnitAny Lot with 3 or more Dwelling
Units
7-t201C. Marijuana, Medical, Personal or Caregiver
i. Any person growing marijuana for their own medical use, for their patients'
medical use, or for personal use shall comply with the County land use code
and the adopted Building Code.
ilt.
tv.
il.Any person growing marijuana shall grow it in an Enclosed
viewable by the public or adjacent property.
All cultivation of marijuana shall only occur as an accessory
Unit.
Locked Space not
use to a Dwelling
All cultivation of marijuana shall only occur in the primary residence of the
patient, caregiver or person over 21 years old, or in an accessory structure on
the same property.
v. Each Lot is restricted to the following marijuana growing space and plant count
limitations regardless of the number of patients, primary caregivers, or persons
over the age of 21 residing on one Lot:
All cultivation of marijuana shall not cause odors, smoke, heat, glare or light
that is detectable to a person of normal senses beyond the property line of the
property upon which the use is being conducted, or in an adjacent dwelling unit
or public area.
All chemicals utilized in the growing of marijuana shall be used, stored, and
disposed of in accordance with all applicable laws and regulations. ln addition,
all spent soils shall be disposed of in accordance with all applicable laws and
regu lations.
vl.
vil.
TlPage
Uses. ln order to provide additional clarity about the accessory growing use, it is recommended
that the Use Table 3-403 is modified to reflect this type of accessory use.
luilding or Struclure, Accegsory P P P P P P P a P P P P t -1201
:ence" lhdge or Wall P P P P P P P a P P P P t-1201
Ytdt{udlE, rHwil4 usts! tYteuruat u5g o
laregiver (S$ Ft and Plant Count
-irnitatlons)
P P P P P P P a P P P P 7-r201(C)
lf the Board decides to regulate the growing of personal marijuana as provided herein, staff also
recommends the heading description for Section 7-1201be modified to state "The following shall apply
to all Accessory Buildings, Structures or Uses."
SlPage
EXHIBIT*t8l
Garfield Couln$
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
E"l/ *rapptication required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the day of
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
theClerkandRecorderorAssessor,orthroughothermeans[list]-
r Please attach proof of certified, return receipt requested mailed notice.
ET My application required Published notice.
Notice was published on the I I aay of ,4ctcpS f 2016.
. Please attach proof of publication in the Rifle Citizen Telelram.
E4tfirapptication required Posting of Notice.
Notice was posted on the day of , 2016.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
Name,-D- *.c/'fr*,z t, [--.- k
Signatu re:
2076.
Date: s/z z//C
Ad Name: 123088544
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
CITN
T',t{f, Blf,"td
ZEjNT'E.L.f,G
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Randy Essex, 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 I
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
811812016 and that the last publication of said notice
was dated 8/1812016 the issue of said newspaper.
PUBLIC NOTICE
Take Notice that the Board of County Commission-
ers has requested to amend multiple articles of ihe
Land Use and Development Code including, bul
not limited, to Articles 3,7, and 1 5, in regard to the
cultivation of marijuana for personal use, med cal
use and by careqivers.
All persons attected by the proposed text amend-
ment are nvited lo appear and stale their views,
protests or support. ll you cannol appear person-
ally at such heaflng. then you are urqed to state
yoir v,ews by letterl as the'Plarning Commissron
w ll grve considerat,on lo all comments recerved, i^
decidi-g whether to recommend lo approve, modi-
fy or deny lhe lexl amendments. The application
may be reviewed at the oflice ol the Community
Development Deparlmenl located al 'l 08 8th
Street, 41h Floor, Garlield County Admrnistration
Builoing, Glenwood Springs, Colorado between the
hours of 8:30 a.m. and 5:00 p.m., Monday lhro-gh
Friday. Alternatively, the application can be viewed
atihtto://records.oadield-countv.comAVebLinUCust
omSearch.asox?SearchName=BuildingDocument-
Search (Search lor File No. TXTP-07-16-8473).
A public heaflng with tl'e Plannrng Commrssron on
lhis request has been scheduled lor the 14th day of
Septemb€r at 6:00 p.m. rn the Counly Commrs-
sroners Meetrng Room. Garfreld Counly Adminis-
tralron Build,ng, 108 8th Slreel. Gle-wooo Springs,
Colorado.
Published in the Citizen Telegram August 1 8, 201 6.
(12308854)
In witness whereof,
08t2212016.
I have here unto set my hand this
^ t /r.t
,X. "-'/'*
'>t-t:11
/
@
Publisher Subscribed and swom to before me, a
notary public in and for the County of Garfield, State
of Colorado this
Pamela J. Schultz, Notary Public
My Commission expires:
November l,2019
EXHIBIT
Z
EXHIBIf
*)
4._Ad Name: 1238061 1A
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
T'Hfl. R[F"Ld.
g[T[Zf,IU T'E.LE.qRAIA
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Randy Essex, 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 flfty-
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 !
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
912212016 and that the last publication of said notice
was dated 912212016 the issue of said newspaper.
ln witness whereof,
09t27t2016.
I have here unto set my hand this
R,4 €,,5y
Randy Essex, Publisher
Publisher Subscribed and swom to before me, a
notary public in and for the County of Garfield, State
of Colorado this 0912712016.
Pamela J. Schultz, Notary Public
My Commission expires:
November 1,2019
PUBLIC NOTICE
Take Notice that the Board ol Counly Commission-
ers has requested lo amend multiple articles of the
Land Use and Development Code including, but
not limited, to Arlicles 3,7, and 1 5, in regard to the
cultivation ol marijuana for personal use, medical
use and by caregivers.
All persons a,,ected by the proposed texl amend-
ment are invited to appear and state their views,
protests or suppo(. l, you cannot appear person-
ally at such heanng then you are urged lo stale
your views by lette,, as the Board ol Co-nly Com-
mrssroners wrll grve consideralron lo all comments
received, in decidrng w-et^er to approve. modify or
dery the text amendments. The application may
be reviewed at the office of the Commun ty Devel
opmenl Depariment located at 1 08 8th Street, 4th
Floor. Garf eld County Aomr.istratron Burld ng
Glenwood Spnngs. Colorado belween lhe hours ol
8:30 a.m. and 5:00 p.m., Monday through Friday.
Allernalively, the application can be viewed at
http://records,oarf ield-countv.com/WebLinldc us-
tomSearch.aspx?SearchName-BuildingDocu-mentsearch (Search for File No. TX-
TP-07-1 6-8473).
A public hearing with the Board of County Com-
missioners on this requesl has been scheduled lor
the 7th day of November at 1:00 p.m. in the Coun-
ly Commissioners Meeting Room, Garfield Counly
Admrnistratron Burlding. 108 8lh Street, Glenwooo
Sprinqs, Colorado.
Published in the Cltizen Telegram September 22,
201 6 (1 238061 1 )
EXHIBITIa8t
From:
Sent:
To:
Subject:
David,
David Pesnichak
Stuart McArthu r < Stua rtMC @ parachutecolo rado.com >
Tuesday, August 1.6,201"610:12 AM
David Pesnichak
FW: Personal, Medical, Caregiver Marijuana Regs - GarCo Text Amd - Referral
The Town of Parachute supports the proposed changes by the County regarding the proposed regulation of the size and
plant county of personal, medical and caregiver marijuana based on property and size.
Stufr,t"t S. l'4cArthLw
Town Manager
Town of Parachute, Colorado
970-285-7630, X-106
From: Mark Chain Imailto:mchain@sopris.net]
Sent: Tuesday, August L6,2076 9:08 AM
To: Stua rt M cArth u r <Stua rtM C@ pa rach uteco lo rado.co m>
Subject: RE: Personal, Medical, Caregiver Marijuana Regs - GarCo Text Amd - Referral
Stuart: I have reviewed this and have no concern with how this proposed code change could affect . lt is being proposed
by the BOCC to try to get some reasonable handle on the number of plants caregivers, medical marijuana growers and
recreational growers can actually grow. The state does not enforce many of the limits presently in effect. Example, a
"medical caregiver" can provide pot for up to five patients and gross six plants each, and can then get a waiver to care
for more patients, etc. theoretically, it can get out of hand. Greenhouses are also exempt from the building code which
provides other loopholes.
The proposed regulations also provide for enforcement via odor control and other such items.
lcan write something up in more detail if you would like. I'm also not sure of your procedures when you get a referral
from the County on land use items. Does someone on your staff put comments together and then that letter comes
from either Board or Planning Commission? We should talk to see if you want me to proceed further.
From what I understand, this is a Semi-- hot button issue for some people in the town. Supporting reasonable
regulations in the County may be seen as a good thing.
Let me know or call and we can discuss. Thanks, Mark
Mark Chain
811 Garfield Avenue
THUTE
EXHIBITI
Colorado River Fire Reseue
David Pesnichak
Senior Planner
108 Sth Street, Suite 101
Glenwood Springs, CO
Reference: TXTP-8473
David,
September 6,2016
I have reviewed the proposed Code Text Amendment for the Personal Use,
Medical Use, and Caregiver-Marijuana Regulations.
CRFR is in full support of the proposed regulations from a public safety
standpoint. With all of the non-commercial grow operations in our fire district we
have concerns for public and firefighter safety. The grow operations will normally
be in non-placarded buildings and homes that are designed for other uses. Our
concerns are:
1. The normal electrical load on a building being expanded to a grow
operation. Electrical is usually expanded without an electrical inspection
and may not be to code which could lead to structure fires and possible loss
of life.
2. Entanglement situations in grow rooms that we would need to enter for fire
suppression or emergency medical response. Entanglement can come from
extension cords and/or cables, chains, rope, and wire for hanging light
fixtures along with other equipment that involves grow operations
3. Chemical/ pesticide storage and exposure issues to our personal that would
be responding to the emergency.
Due to the number of suspected non-commercial grow operations being located in
our fire district, some of which could be in residential homes, we would ask the
County Code Enforcement Officer keep us informed of the suspected non-
commercial grow operations so we can inform our staff of the potential hazards
that they may be encountering on an emergency response or call for service.
Colorado River Fire Reseue
With the passage of the new marijuana laws we have had to adapt to new response
situations and encounter differenthazards. We expect and train for emergency
response to commercial grow operations in our district due to the permit process,
but like the County, we do not have the ability to permit the non-commercial
grow operations. The ability to at least know where some of the non-commercial
operations are located will help us plan accordingly.
Thank you for allowing us to comment on the new proposed regulations. Please
feel free to contact me with any questions or concerns.
Orrin D. Moon
Acting Division Chief/Fire Marshal