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Home My WebLink About5.0 Resolution 2016-66il HLilh llt\lll[ [l[,t[nld ?l] nilil ][rll H 11 hI I ll I Receotlonfr: 885550 ilzuiP-* Pi;?$%roB""'F:!, tlE6'ABH, ELD co,Nry co STATE OFCOLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfreld County, Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 7th day of Novembe42ol6, there were present: John Martin . Commissioner Chairman Mike Samson . Commissioner Tom Jankovskv . Commissioner Kevin Batchelder , County Manager Tari Williams , County Attorney (absent) Kellv Cave , Assistant County Attorney Kate Johnson ,, Assistant County Attomey Jean Alberico , Clerk of the Board (absent) when the following proceedings, among others were had and done, to-wit: RFSOLUTION No. 2016- JbllL A RESOLUTTON APPROVING A TEXT AMENDMENT TO AMEND ARTTCLES 3,7 AND ls OF THE LAND USE AND DEYELOPMENT CODE OF 2013, AS AMENDED, TO REGI]LATE THE CTILTTVATION OF MARUUANA FOR PERSONAL USE, MEDICAL USE, AND BY CAREGTVERS. Regitalg A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. The Board of County Commissioners is authorized to adopt a zoning plan for the unincorporated area of Garlield County pursuant to the provisions of$ 30-28-l 1 I through $ 30- 28-116, C.R.S., as amended. Such provisions also authorize the Board of County Commissioners to provide for the approval of amendments to such zoning plan from time to time. C. On the 15ft day of July,2Ot3 the Board of County Commissioners adopted Resolution No. 2013-46 concerning a zoning plan for the unincorporated areas of the County of Garfield, State of Colorado. D. Sections 30-28-110,30-28-133,30-28-133.5, and 30-28-136,C.R.S., as amended, provide for the approval of subdivision plans and plats, and the adoption of regulations 9. lll tfriltil,YJt lFll lll$ ;fl L hlI ]ll I F I/ hlh I r\h] I I ll I R.eceotlon$: 885550 11t21t2o16 01 :0'l:31 Pl'l Joan Alberlooi;I-tioa Faatso.oo Doo Faa:o.oo GnRFIELD couNTY C0 governing such plans and plats by the Board of County Commissioners for the unincorporated areas of Garfield County, Colorado. Pursuant to this authority, the Board of County Commissioners may amend such subdivision regulations from time to time. E. Pursuant to Section 4-ll4 of the Land Use and Development Code, the Board of County Commissioners initiated a text amendment to the LUDC. F. On September 14,2OL6, the Garfield County Planning Commission, with a 7-b vote, recommended to the Board of County Commissioners, that the Board approve a text amendment pursuant to their recommendation. G. On November '1,2016, the Board of County Commissioners held a public hearing at which time, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, made the following determinations of fact: 1. The proposed text amendment is in compliance with any applicable intergovernmental agreements. 2. The proposed text amendment does not conflict with State Law. NOW, THEREFORE, BE ff RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Land Use and Development Code, and as subsequently amended by this Board, shall be and hereby is amended and said language will be incolporated into the codified Garfield County Land Use and Development Code as shown on the attached Exhibit A. cL ADOPTED tt i, d / s .-a ay of Vl oVOtttlu' - .,20rc ATTEST:COUNTY BOARD OF GARFIELD Orvv ,Yl of the Board Upon motion duly made and seconded the following vote: John Martin ., Aye TomJankovsky , Aye #r."tB'i seer i sia'*'i""- Mike Samson Aye Ill ilFr i:trltai lllJ ll* [ BL'F ll[l'ifiitr+tll'l tl' J{ IIil ll ll I ReceDtlon*: 885550 ir I,J'F13 Pi;?14?3u'8".'Fil, I lB8"tf H,ELD couNry co EXIIIBIT A Section 7-12Ot - Accessory Use The following shall apply to all Accessory Buildings. er Structures, or Uses. Use Table 3-403: {.{EEL.H.J !{l'lu.'r:EU,U I r}Eutj{lrs 1r r:t*.1 luilding o, S:lflrctr€. Accesgofy P P P P P P P O P P P P 7-1201 :ence. lledqe or Wall P P P P P P P a P P P P t-1201 ]areaiyer (uD lo 300 Souere Feell P P P P 2 E P o e E e E 7-1201rC1 Sgction_7-1201(Cl - Marliuana. Medical. Personal or Careeiver: 1. Anv oerson srowins mariiuana for their own medical use, for_their patients' medical use. or' for personal use shall complv With the County land use code and the adopted Buildine Code. 2. Anv person srowinq rnariiuana shall srow it in an Enclosed Locked Space not viewable by the. public or adiacent prooerty. 3. All cultivation of mariiuana shall onlv occur as an accessorv use to a Dwelling Unit. 4. All cultiyation o_f mariiuana shall only occur in thgprimarv residence of the patient, caresiver or oerson over 21 vears old. or in an accgssory stlrtcture on the. same orooertv. 5. Each Lot is restricted to the followine mariiuana erowine space and plant count !'rlDjErtigng regardless of the number of patients. primarv caresivers. or persons over the aee of 21 residinq on one Lot: ill tltr L:fil I tfl lltl,l*Jt,illtr hl{lFl' ll flJ lt ilh:l",hL tl ll I Receotlon$: 885550\irzltzota ot:0,l :31 Pl'l Jean Albsrlco,i';?-i-R; F"i,Soltio Doc-FeC:0.00 GnRFIELD GolrNTY c0 6. All cultivation of mariiuana slrall not cause odors. smoke, heat, elare or light that is detectable to a person of normal senses bgvond the nropertv line of the propertv uoon which the use is beins cond-ucted. or in an adiacent dwelline"unit or public area. 7. All chemicals gtilized in the erowins of mariiuana shall be- used, stored. and disposed of in accordance with all applicable laws and reeulations. ln addition.-All .spent soils shall be disposed of in accordance with all apolicable laws and regulatio_lrs- Article 15 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, 8radin8, 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. Aericulture.d_QesJrot include the erowlEs of mariiuana for Medical Use. Personal Use. Caresiver. or Optionalpremises Clrltivation Ooeration (OPCOI purposes, Enclosed tocked Soace. Shall mean a Dermanent or se-mi-Dermanent structure covered and surrounded on all sides (eg. wallgJoof and doors) so that no plants are visible to the oublic or adiacent prooertv that is-Sgcured at all ooints of ineress or epress with a lockine mechanism desiened to limit access su.c.h as with a key or combination lock. Mariiuana, Personal Use. Notwithstand-ing anv other orovision of law. the followine acts are not unlawful and shall not be an offense under Colorado law or the law of anv localiw within Colorado or be a basis for seizure or forfeiture of assets under Colorado law for person:_tgentv- one vears ofaqe or older: Lot Siz,e and Dwelline Unit Count Grow Area and Plant Count Limitation 20.000 Souare Feet or more and 300 Contisuous Souare Feet and not to exceed 36 Plants per Lot with 2 or fewer Dwelline Units Less than 20,000 Square Feet and 100 Contieuous Square Feet and not to exceed 12 Plants per Lot with 2 or fewer Dwellins Units Anv Lot with 3 or more Dwelline Units 100 Contieuous Souare Feet and not to exceed 12 Plants per Dwelline Unit lll flirrt'lTlfialntttUlrlthl{llr:,lilHrl lldl httlui, Il ll I Roceotlon$: 885550llt2ll2016 0l:01 :31 Pll Jeen Alberico6 ol 5 Fm Fec:30.0O Doc Fae:0.00 GARFIELD CoUNTY C0 a. Possessin8. using. disotayine. purchasine or transoortins mariiuana accessories or one ounce or less of mariiuana. b. Possessing. growing. DrocessinR. or transoortine no more than six mariiuana plants. with three or fewer beine mature. flowerins nlants. and possession of the marjjuana Droduced bv the olants on the oremises where the plants were grown, provided that the srowins takes place in an enclosed. locked space. is not conducted ooenlv or publiclv. and is not made available for sale. c. Transfer of one ounce or less of mariiuand without rernuneration to a percon who is twentv-one vears of age or older.. d. Consumption of mariiuana. provided that nothing in this section shall permit consumotion that is conducted openlv and publiclv or in a manner that endangers others. e. Assisting another person who is twentv-one vearc of aee or older in anv of the acts described in paraeraohs (al throueh (d) of this subseclig!. Mariiuana. Medicat Use. The acouisition. possession, production. use. or transportation of mariiuana or paraphernalia related to the administration of such mariiuana to address the svmptoms or effegts of a patient's debilitatins medical condition. which mqv be authorized onlv after a diaenosis of the patient's debilitating medical condition bv a ohvsician or phvsicians. as provided bv this section. Mariiuana. Careglver. "Primary care-giver" means a person, other than the patient and the patient's phvsician, who is e-ighteen vears of age or older and has sisnificant responsibitity for manaeine the well-beine of a patient who has a debilitating medical condition. Colo. Const. Art. )rrVlll. Sec. 14lfl.