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HomeMy WebLinkAboutORDINANCE 10-090 ORDINANCE NO.10-09 AN ORDINANCE OF THE TOWN OF ESTES PARK IMPOSING A MORATORIUM ON THE ISSUANCE OF BUSINESS LICENSES,BUILDING PERMITS AND OTHER APPROVALS RELATED TO PERSONS AND LEGAL ENTITIES ESTABLISHING MEDICAL MARIJUANA DISPENSARIES IN THE TOWN WHEREAS,at the general election of November 2000,the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution (the “Amendment”) adding Article XVIII,Section 14 to the Constitution;and WHEREAS,the Amendment creates an affirmative defense to,and exception from,state criminal laws and the Town’s Municipal Code pertaining to the possession and use of marijuana when such possession or use is for the treatment of debilitating medical conditions provided certain conditions specified in the Amendment are met;and WHEREAS,in the past several months,the Town Clerk’s office and the Estes Park Police Department have received numerous inquiries from persons interested in establishing medical marijuana dispensaries to sell or dispense medical marijuana within the Town;and WHEREAS,under the applicable provisions of the Estes Valley Development Code (“EVDC”),these businesses,referred to herein as “medical marijuana dispensaries”or “MMDs”,likely constitute retail sales operations or clinics which are uses permitted in a wide variety of the EVDC’s zone districts,and in some circumstances may be allowed in zoning districts as an accessory use for the cultivation,storage and sale of crops,plants and flowers;and WHEREAS,with respect to MMDs in the Town,the Town currently has no land use or business regulations concerning their operations;and WHEREAS,ambiguities in the wording of the Amendment have created uncertainty as to which MMDs may properly be considered “primary-care givers”under the Amendment for the purpose of providing medical marijuana to patients suffering debilitating medical conditions;and WHEREAS,the Colorado Department of Public Health and Environment (the “CDPHE”),which is responsible for the administration of the medical marijuana program established by the Amendment,is continuing to consider changes in its administrative regulations that govern MMDs as primary caregivers;and C 0 WHEREAS,the same question about MMDs as primary caregivers is currently under review by the Colorado appellate courts and may also be the subject of proposed legislation in the upcoming session of the Colorado General Assembly;and WHEREAS,municipalities throughout Colorado are struggling to gain control over the recent proliferation of MMDs and have enacted various kinds of local regulations,including moratoriums,in an attempt to address issues regarding the medical marijuana exception created by the Amendment;and WHEREAS,a significant period of time will be required for the Town Staff to clarify the evolving state of the law with regard to MMDs and to formulate recommended amendments to the Municipal Code and/or the EVDC to deal with the subject;and WHEREAS,with the possible influx of MMDs,the Board of Trustees is concerned about its ability to protect the public’s health,safety and welfare and preserve the character of the Town’s neighborhoods and commercial areas where MMDs might be located;and WHEREAS,the imposition of a seven-month moratorium on the consideration and issuance of Town business licenses,building permits and other approvals related to the establishment and operation of MMDs will allow Town Staff and the Board of Trustees the time needed to investigate the Town’s ability to regulate such businesses and develop and implement appropriate regulations;and WHEREAS,seven (7)months is a reasonable period of time and no longer than necessary for the Town to determine the extent to which MMDs will be regulated on a statewide basis and to properly investigate,develop,and,if appropriate,adopt and implement any local regulations related to MMDs. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO as follows: Section 1.That the recitals contained in this Ordinance are hereby adopted and incorporated by this reference. Section 2.That,for purposes of this Ordinance,“medical marijuana dispensary”or “MMD”shall mean a property,premises or structure used to sell,distribute,transmit, give,dispense or otherwise provide marijuana in any form and in any manner to a patient or primary caregiver.As used in this Ordinance,“patient”and “primary caregiver”shall have the meaning given to them in the Amendment as clarified by controlling case law,State statutes or CDPHE regulations interpreting the provisions of the Amendment. 2 0 0 Section 3.That it is necessary for the immediate preservation of the public’s health, safety and welfare to delay the issuance of all Town business licenses,building permits and any other approvals related to the establishment and operation of medical marijuana dispensaries in the Town until the Town has had a reasonable opportunity to determine the extent of the Town’s regulatory authority over such dispensaries and to further determine what regulations,if any,should be imposed by the Town upon these dispensaries. Section 4.That an seven-month moratorium is hereby imposed upon the issuance by the Town of any Town business license,building permit and any other approvals related to the establishment or operation of medical marijuana dispensaries in the Town.In addition,no medical marijuana dispensary shall be established nor shall it be operated by any person or entity within the Town during this moratorium.Further,no person or legal entity shall establish and operate a medical marijuana dispensary in the Town and engage in the sale of medical marijuana without first having obtained from the Town a validly issued business license under the provisions of Chapter 5.20 of the Municipal Code.Notwithstanding the foregoing,this moratorium and the provisions of this Section 4 shall not apply to any primary caregiver who is the designated primary caregiver in the medical use of marijuana,provided such primary caregiver is doing so in full compliance with all the requirements of the Amendment,any applicable case law,State statutes, and CDPHE regulations. Section 5.That,during the term of this moratorium,the Town Staff and Town Attorney are hereby directed to analyze and develop for the Board of Trustees consideration,regulations as they may deem necessary and appropriate to address the establishment and operation of MMDs in the Town,with such issues to include,without limitation,the following: a.the extent to which MMDs are legally protected under the Amendment; and b.the impact of MMDs on the character of residential neighborhoods and commercial areas where they may be located. Section 6.That this moratorium shall continue in effect until the 241h day of June, 2010,or such earlier date as may be determined by the Board of Trustees by ordinance. Section 7.That nothing herein shall be construed as decriminalizing or making lawful in the Town any MMD or other business involved in the acquisition,possession, manufacture,production,use,sale,distribution,dispensing,or transportation of marijuana or related paraphernalia that is not lawful under the state criminal laws and/or the Municipal Code. 3 0 0 Section 8.That all other ordinances or portions thereof,and all Municipal Code and EVDC provisions inconsistent or conflicting with this Ordinance or any portion hereof, are herby superseded by this Ordinance and their legal effect held in abeyance but only to the extent of such inconsistency or conflict during the seven-month period of the moratorium herein imposed. WHEREAS,the immediate passage of this Ordinance is necessary for the preservation of the health,safety,and welfare of the citizens of the Town,and therefore this Ordinance shall take effect and be enforced immediately after its passage,adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS DAY OF aonc 2009. TOWN OF By: I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the .2’+”day of ‘s.&aa.,2009,and published in a newspaper of general publication in the Town of Estes Park,Colorado on the H day of Dacpt ,2009. z Clerk Mayor 4 RECEPTION4:2009 36476,12/17/2009 at 03:24:15 PH,1 OF 3,R $0.00 ...Pgs:0ScottDoyle,tanner County,CO RESOLUTION NO.IZLSZOCARoOI THE BOARD OF COUNTY COMMISSIONERS OF LARThIER COUNTY,COLORADO A RESOLUTION IMPOSING A TEMPORARY MORATORIUM (A)FOR PERMITS OR LICENSES RELATED TO THE OPERATION OF A BUSINESS THAT CULTIVATES,PROCESSES OR DISPENSES MARLJUANA AND (B)THE ESTABLISHMENT OF ANY BUSINESS,OCCUPATION OR OPERATION RELATING THERETO WHEREAS,use of medical marijuana was authorized and limited by Article 18,Section 14 of the Colorado Constitution,adopted by the voters of the State of Colorado on November 7, 2000 and effective upon the proclamation of the Governor of the State of Colorado,dated December 28,2000;and WHEREAS,Larimer County is receiving inquiries regarding the estaNisimient of operations relating to cultivating,processing and dispensing medical marijuana within the unincorporated area of Larimer County;and WHEREAS,on December 7,2009 in the County Board Hearing Room of the Latimer County Courthouse,Fort COllins,Colorado,the Board of County Commissioners of the County of Larimer conducted a public hearing on the proposed imposition of a temporary moratorium for (a) permits or licenses related to the operation of a business that cultivates,processes or dispenses marijuana and (b)the establishment of any business,occupation or operation relating thereto,which hearing was published in a local newspaper of general circulation fourteen days prior to the hearing, and WHEREAS,based on information presented to the Board of County Commissioners by the County Sheriff,County Staff,and members of the public it appears that cultivating, processing and dispensing marijuana within Larimer County presents regulatory issues and questions that the County’s current rules,regulations and ordinances do not adequately address; and WHEREAS,imposing a moratorium on the establishment of a business or processing of applications relating to businesses engaged in cultivating,processing and dispensing,marijuana will allow the County Staff and Board to investigate the relevant issues and develop any appropriate regulations related thereto;and WHEREAS,because the County does not have adequate current regulations pertaining to businesses that cultivate,process or dispense marijuana,the County will suffer irreparable harm if a limited,temporary moratorium on the establishment of businesses or submission, acceptance,processing,and approval of County permits and licenses related to the operation of such businesses is not imposed;and /Retum to Planning / RECEPTION#:200.36476,12/17/2009 at 03:24:15 PM,2 OF 3,Scott DOa...Q,Larimer County,CO WHEREAS,the County has the authority to adopt this Resolution pursuant to itsauthoritygrantedbylaw,including,without limitation those set forth in this Resolution;and WUEREAS,the duration of the moratorium imposed by this Resolution is reasonable inlength,and is no longer than required for the County to property investigate,develop,and,ifappropriate,adopt and implement any regulations deemed necessary with respect to businessesthatcultivate,process and dispense marijuana. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners ofLarimerCounty,Colorado,that: Section 1.Upon the adoption of this Resolution a moratorium is hereby imposedupon:(a)the submission,acceptance,processing,and approval of any application for a permit orlicenserelatedtotheoperationofabusinessthatsells,processes,or cultivates marijuana;and (b)the establishment of any business,occupation or operation for cultivating,processing anddispensingmarijuana. Section 2.The moratorium imposed by this resolution shall commence as of the dateoftheadoptionofthisResolutionandshallexpireonJuly7,2010,unless sooner repealed. SectIon 3.The Board of County Commissioners hereby finds and declares that thisResolutionisnecessarytothepreservationandfurtheranceofthehealth,safety and welfare of the citizens of Larimer County. Section 4.The Board of County Commissioners hereby finds and determines that it has the power to adopt this Resolution pursuant to:1)the Local Government Land Use Control Enabling Act,C.RS.§29-20-101,ci seq.;2)C.R.S.§30-1 1-101(2)concerning the authority of counties to adopt and enforce ordinances and resolutions regarding health,safety and welf&e issues as otherwise prescribed by law;3)C.R.S.§30-11-107 concerning powers of the Boards of County Commissioners;4)C.R.S.§30-28-113 concerning the regulation of the use of structures in various zone districts throughout Larimer County;and 5)C.R.S.§30-28-115 concerning the promotion of the health,safety,convenience,order and/or welfare of the citizenry through the use of land use regulations. Section 5.The Board of County Commissioners hereby finds,determines and declares that this Resolution is necessary for the immediate preservation of the public health, welfare,peace or safety.The adoption of this Resolution is necessary in order to prevent a person from establishing a business operation or filing an application for a County permit or license relating to the operation of a business that sells,processes or grows marijuana until the County has had a reasonable opportunity to determine:(a)the extent of the County’s regulatory authority over businesses that cultivate,process or dispense marijuana;and (b)what regulations, if any,should be imposed by the County upon such businesses. Section 6.Should any one or more sections or provisions of this Resolution be judicially determined to be invalid or unenforceable,such determination shall not affect,impair 2 r C .5 RECEPTXON*:2OO9(.,..d6476,12/17/2009 at 03:24:15 PH,3 OF 3,Scott Doe, Larimer County,Co or invalidate the remaining sections or provisions of this Resolution,it being the intent of the Board that such invalid or unenforceable provisions are severable. PASSED,ADOPTED,AND EFFECTIVE this 7th day of December,2009,in Larhner County,Colorado. THE BOARD OF COUNTY COMMISSIONERS OF LARThIER COUNTY,COLORADO )&thay ennels,Chair AnEST: BY: DefutY Courjty Attorney APPROVED AS TO FORM: Iz-g-p9 3 C -C (( RECEPTION#;20100003405,0112012010 at 09:22:05 AM, 1 OF 7,R $0.00 TO Pgs:0 Scoff Doyle,Ladmer County,CO RESOLUTION ADOPTING AMENDMENTS TO THE LARBIER COUNTY LAND USE CODE REGARDING MEDICAL MARIJUANA DISPENSARY AND GROW FACILITY/OPERATION USES WHEREAS: 1.The Larimer County Planning Division has proposed to amend the Larimer County Land Use Code to make changes related to medical marijuana dispensary and medical marijuana grow facility/operation uses. 2.The proposed amendments were considered by the Larimer County Planning Commission and the Board of County Commissioners at ajoint public hearing on January 4, 2010,which hearing was advertised in a newspaper of general circulation. 3.At the conclusion of the hearing the Planning Commission recommended adoption of the proposed regulations with modifications. 4.In November of 2000,Colorado voters approved Amendment 20 of the Colorado Constitution which allows patients who have received a medical marijuana registry card issued by the Colorado Department of Public Health and Environment the ability to engage in the lawful use of marijuana for medicinal purposes. 5.The Land Use Code does not currently allow medical marijuana dispensaries or grow facilities/operations in any zoning district and therefore those uses require pre approval through the Special Exception process. 6.On December 7,2009,the Board of County Commissioners approved a temporary moratorium on permits or licenses related to the operation of businesses that cultivate,process,or dispense medical marijuana and on the establishment of any business, occupation or operation relating to those activities.The purpose of the moratorium was to allow Larimer County time to adopt Land Use Code amendments for those uses.The moratorium is effective until no later than July 7,2010. 7.The moratorium is applicable to all of unincorporated Larimer County including unincorporated property in the Estes Valley Planning Area.The Community Development Department of the Town of Estes Park reviews land use planning and zoning applications for the Estes Valley through an intergovernmental agreement with Larimer County.Because the amendments apply to the Larimer County Land Use Code and not to the Estes Valley Development Code,the moratorium will remain effective for the Estes Valley notwithstanding adoption of the amendments for the Larimer County Land Use Code. Return to Planning’ rf1-CAOO4 o 00 Page 2 Resolution Adopting Amendments to Larimer County Land Use Code Regarding Medical Marijuana Dispensaries/Facifilies/Operafions (January 4,2010) 8.The proposed Land Use Code amendments define medical marijuana dispensaiy as the use of any property or structure to sell,distribute,transmit,give,dispense, or otherwise provide medical marijuana in accordance with Section 14,Article XVIII of the Colorado Constitution and define medical maruana grow facility/operation as the use of any property or structure where marijuana plants are grown to sell,distribute,transmit,give, dispense or otherwise be provided in accordance with Section 14,Article XVIII of the Colorado Constitution. 9.The Code amendments would allow medical marijuana dispensaries and medical marijuana grow facility/operations through the Special Review process in the C — Commercial and I—Industrial zoning districts and would establish standards for those uses. The Code amendments would also amend the definition of a home occupation to exclude medical marijuana dispensaries and medical marijuana grow facilitie&operations from being operated as a home occupation. 10.The proposed changes are necessary to address a use not previously contemplated by or provided for in the Land Use Code. 11.The Board finds the amendments shown on Exhibit “A”attached hereto are consistent with the Master Plan and the intent and purposes of the Larimer County Land Use Code and will promote the health,safety and welfare of the citizens of Larimer County. NOW,THEREFORE BE if RESOLVED: a.The Larimer County Land Use Code shall be and is hereby amended as shown on Exhibit “A”attached hereto;said amendments to be effective on of January 4,2010. b.The moratorium for Larimer County adopted December 7,2009,shall be and is hereby terminated as of January 4,2010,except for that area of unincorporated Larimer County within the Estes Valley. o 0 (C Page Three Resolution Adopting Amendments to Larimer County Land Use Code Regarding Medical Marijuana Dispensaries/Facifides/Operafions (January 4,2010) Dated:2yt i)7flp BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY,COLORADO By: _____________ Chair QtYtoBfr _ Date:010310 Appmy astofann:49 0 C C EXHIBIT A Land Use Code Amendments Approved By the Board of County Commissioners on January 4,2010 1.Amend the section 0,1 definition of home occupation to read: Home occupation -A business use conducted as a customary,incidental,and accessory use in the resident’s dwelling unit,attached garage or detached building,including office work,the making of art or crafts,trade uses,the providing of personal or professional services,and similar activities,and including retail sales of products produced on the premises and products clearly incidental,secondary and ancillary to the home occupation.Uses specifically excluded from home occupations include vehicle repair or similar activities,medical marijuana dispensaries and medical marijuana grow facilities/operations. 2.Add the following definitions to section 0.1: Medical marijuana dispensary -The use of any property or structure to sell,distribute, transmit,give,dispense,or otherwise provide medical marijuana in accordance with Section 14,Article XVIII of the Colorado Constitution. Medical marijuana grow facility/operation -The use of any property or structure where marijuana plants are grown to sell,distribute,transmit,give,dispense or otherwise be provided in accordance with Section 14,Article XVIII of the Colorado Constitution. 3.Add the following new 4.3.3 use descriptions as F &G and renumber the remainder of the section: F.Medical marijuana dispensary.The use of any property or structure to sell,distribute, transmit,give,dispense,or otherwise provide medical marijuana in accordance with Section 14,Article XVIII of the Colorado Constitution. Medical marijuana dispensaries must comply with the following standards: 1.Medical marijuana dispensaries shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing:principal campus of a college,university or seminary; residence;church or religious institution;drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public;public park or playground. 0 0 (( a.The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed. 2.Medical marijuana dispensaries shall comply with any and all applicable state statutes and regulations,including but not limited to any licensing and reporting requirements. 3.No medical marijuana dispensary shall cause or add to an undue concentration of such dispensaries and/or medical marijuana growing facilities in any area within unincorporated Larimer County. 4.Medical marijuana dispensaries shall have a fixed physical location and shall not operate a mobile dispensary.Reasonable delivery services to registered patients consistent with any conditions of approval are excluded from this restriction. 5.Medical Marijuana dispensaries shall not permit smoking or consumption of medical marijuana on their premises. 6.Medical marijuana dispensaries shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana,to include at minimum,security cameras,locks, and safes. Note: •Any medical maruana dispensary in existence and in operation within the unincorporated territory of Larimer County prior to January 4,2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use.Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County. •Approval by the County of a Special Review application for a medical mar quana dispensary is in no way afinding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations.Any operator of a medical mar jfuana dispensary is responsible for complying with any other legal requirements and the consequences of any non-compliance.Approval of a medical mar j/uana dispensary through the Larimer County Special Review process is not a defense to any state or federal criminal charges. 0.Medical marijuana grow facility/operation.The use of any property or stmcture where marijuana plants are grown to sell,distribute,transmit,give,dispense or otherwise be provided in accordance with Section 14,Article XVIII of the Colorado Constitution. C C C ( Medical marijuana grow facilities/operations must comply with the following standards: 1.Medical marijuana grow facilities/operations shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing:principal campus of a college,university or seminary;residence;church or religious institution;drug or alcohol rehabilitation facility;public community center or publicly owned or maintained building open for use by the general public;or public park or playground. a.The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph I above to the nearest portion of the building in which the medical marijuana is to be dispensed or grown. 2.Medical marijuana grow facilities/operations shall comply with any and all applicable state statutes and regulations,including but not limited to any licensing and reporting requirements. 3.No medical marijuana grow facility/operation shall cause or add to an undue concentration of such medical marijuana growing facilities/operations and/or medical marijuana dispensaries in any area within unincorporated Larimer County. 4.Medical marijuana grow facilities/operation shall have a fixed physical location and shall not operate as a mobile growing facility. 5.Medical marijuana grow facilities/operations shall not permit smoking or consumption of medical marijuana on their premises. 6.Medical marijuana grow facilities/operations shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana,to include at a minimum, security cameras,locks,and safes. Note: •Any medical marijuana grow facility/operation in existence and in operation within the unincorporated territory ofLarimer County prior to January 4,2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use.Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County. Approval by the County of a Special Review application for a medical marUuana grow operation/facility is in no way afinding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations.Any operator of a medical maruana grow facil ity/operation is responsible C C ‘1 C C, for complying with any other legal requirements and the consequences of any non compliance.Approval of a medical marUuana grow facility/operation through the Larimer County Special Review process is not a defense to any state or federal criminal charges. 4.Add the following uses to the specified zoning districts as follows: 4.1.18.C-Commercial A.Principal uses under the Commercial category: 12.Medical marijuana dispensary (5)See section4.3 13.Medical marijuana grow facility/operation CS)See section 4.3 and renumber the remainder of the section. 4.1.19.1-Industrial A.Principal uses under the Commercial category: 12.Medical marijuana dispensary (5)See section 4.3 13.Medical marijuana grow facility/operation(S)See section 4.3 and renumber the remainder of the section. 5.Amend the zoning table inset in Section 4.1 to include the following uses: Category:Use:Zoning districts C and I: Commercial Medical marijuana S dispensary Commercial Medical marijuana S grow facility/operation 6.Amend only the first paragraph of section 4.3.1O.B definition of home occupation to read: Home occupation -A business use conducted as a customary,incidental,and accessory use in the resident’s dwelling unit,attached garage or detached building,including office work,the making of art or crafts,trade uses,the providing of personal or professional services,and similar activities,and including retail sales of products produced on the premises and products clearly incidental,secondary and ancillary to the home occupation.Uses specifically excluded from home occupations include vehicle repair or similar activities,medical marijuana dispensaries and medical marijuana grow facilities/operations. 0 0 Dave Shirk From:Greg White [greg@gawhite.com] Sent:Tuesday,June 22,2010 2:38 PM To:Russell Legg;Dave Shirk Cc:Jacqueline Halburnt;William Ressue Subject:Re:MMJ Moratorium Thanks Russ The Town Board last night extended the Town’s moratorium through June 30, 2011.The Town Board also requested that the County Commissioners extend the moratorium in the Estes Valley Planning Area through June 30.2011 to be consistent with the Town’saction.Town Administator Halburnt will talk to Frank Lancaster today concerning this request. Greg Original Message From:“Russell Legg”crleflc@larimer.org> To:“Dave Shirk”<dshirk@estes.org>;“Greg White”cgreg@gawhite.com> Cc:“Williat Ressue”cwressue@larimer.org> Sent:Wednesday,June 23,2010 1:32 PM 5ubecn:MNIJ Moratorium As it turns out,the County will consider re establishing our County wide moratorium on MMJ on Monday June 28th at a hearing with the Board of County Commissions.It is my understanding that the resolution being considered will also extend the Moratorium in the Estes Valley until June 2011. I will keep you informed. 1 0 0 Dave Shirk From:Russell Legg [rlegg@larimer.org] Sent:Friday,June 18,2010 10:34 AM To:Bob Joseph;Dave Shirk;Greg White;Jeannine Haag Cc:Linda Hottmann;Michael Whitley;Tom Donnelly Subject:Estes Valley and MMJ Bob:In reviewing the Resolution that the Board adopted on Dec 7,2009 to document that a moratorium exists in the Estes Valley Michael discovered that Section 2 of the adoptingresolutionprovidesthattheMoratoriumshallexpireonJuly7,2010 unless soonerrepealed. With that provision in place I would recommend Estes staff consider asking the Board forextensionasap,if that is your intent. As a second issue I will forward up the documents and Adopting Resolution No. 121322009R001 which demonstrate that yes the moratorium is and has been in place in the Estes Valley. I 0 0 Dave Shirk From:Michael Whilley [mwhitley@larimer.org] Sent:Friday,June 18,2010 1:56 PM To:Russell Legg Subject:Fwd:Medical Marijuana Moratorium Attachments:MarijuanaMoratoriumResolution.pdf;MMJLandUseCodeAmendmentResolution.pdf iii _ MarUuanaMoratoriu MMiLandUseCodeA mResoluticn....mendmentResolut... The purpose of this email is to confirm that Larimer County’s moratorium on medical marijuana dispensaries and medical marijuana cultivation facilities is effective for unincorporated property within the Estes Valley Planning Area until July 7,2010. On December 7,2009 the Board of County Commissioners imposed a temporary moratorium on permits or licenses related to the operation of a business that cultivates,processes or dispenses medical marijuana and on the estabishment of any business,occupation or operation related to medical marijuana.The moratorium was applicable to all land within unincorporated Larimer County and was to expire on July 7,2010 unless it was repealed sooner.I’ve attached a pdf copy of Resolution No. 12152009R001 for reference. On January 4,2010 the Board of County Commissioners adopted amendments to the Larimer County Land Use Code regarding medical marijuana dispensaries and grow facility/operation uses.The resolution adopting the Land Use Code amendments is attached. On the first page of the resolution,item 7 reads,“The moratorium covers all of unincorporated Larimer County including unincorporated property in the Estes Valley Planning Area.The Community Development Department of the Town of Estes Park reviews land use planning and zoning applications for the Estes Va:ley through an intergovernmental agreement with Larimer County.Because the amendments apply to the Larimer County Land Use Code and not to the Estes Valley Development Code,the moratorium will remain effective for the Estes Valley notwithstanding adoption of the amendments for the Larimer County Land Use Code.” On the bottom of page two,the resolution specifies,“The moratorium for Larimer County adopted December 7,2009,shall be and is hereby terminated as of January 4,2010,except for that area of unincorporated Larimer County within the Estes Valley.” Michael