HomeMy WebLinkAbout20133177.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-11
BOB CHOATE
WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF REPEALING
AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES,
CHAPTER 6 LAW ENFORCEMENT, CHAPTER 12 LICENSES AND PERMITS,
AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Bruce Sparrow.
VOTE:
For Passage
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 5, 2013.
Dated the 51h of November, 2013.
�j� Digitally signed by Kristine
,rY�t/
66/1€ 'tolv7et. Ranslem
Date: 2013.11.0815:16:14 -0700'
Kristine Ranslem
Secretary
2013-3177
Division 14
Cultivation, Manufacture, Distribution or Sale of
Medical or Recreational Marijuana or Mcdical Marijuana -Infused Products
Sec. 23-4-1000. Prohibition of cultivation, manufacture, distribution or sale of medical or
recreational marijuana or medical marijuana -infused products in any zone
district.
A. No STRUCTURE or tract of land in any zone district in the County may be used by a person
for the purpose of cultivation, manufacture, distribution or sale of MEDICAL MARIJUANA or
MEDICAL MARIJUANA -INFUSED PRODUCTS, except for patients cultivating for their personal
consumption, in compliance with the terms, conditions, limitations and restrictions in Section 14 of
Article XVIII of the Colorado Constitution, or except when such persons are acting as a primary caregiver
in compliance with the terms, conditions, limitations and restrictions of Section 25-1.5-106, C.R.S.
(Weld County Code Ordinance 2010-6)
B. No STRUCTURE or tract of land in any zone district in the County may be used by a person
for the purpose of cultivation, manufacture, distribution or sale of RECREATIONAL MARIJUANA or
MARIJUANA -INFUSED PRODUCTS.
Sec. 23-4-1020. Definitions.
As used in this Division, the words and phrases set forth below have the following definitions:
MEDICAL MARIJUANA: Marijuana that is grown and sold pursuant to the provisions of Title 12,
Article 43.3, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado
Constitution.
MEDICAL MARIJUANA CENTER: A person licensed pursuant to Title 12, Article 43.3, C.R.S., to
operate a business as described in Section 12-43.3-402, C.R.S., that sells MEDICAL MARIJUANA to
registered patients or primary caregivers as defined in Section 14 of Article XVIII of the Colorado
Constitution, but is not a primary caregiver.
MARIJUANA -INFUSED PRODUCT: A product infused with MEDICAL MARIJUANA that is
intended for use or consumption other than by smoking, including, but not limited to edible products,
ointments and tinctures, and is otherwise not a MEDICAL MARIJUANA -INFUSED PRODUCT.
MEDICAL MARIJUANA -INFUSED PRODUCT: A product infused with MEDICAL -MARIJUANA
that is intended for use or consumption other than by smoking, including, but not limited to edible
products, ointments and tinctures.
MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER: A person licensed pursuant to
Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-404, C.R.S.
OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to Title 12, Article
43.3, C.R.S., to operate a business as described in Section 12-43.3-403, C.R.S. (Weld County Code
Ordinance 2010-6)
RECREATIONAL MARIJUANA: MARIJUANA that is grown and sold pursuant to the provisions of
Title 12, Article 43.4, C.R.S., and for the purposes authorized by Section 16 of Article XVIII of the
Colorado Constitution.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER: ORDINANCE 2013-11
PRESENTED BY: BOB CHOATE
REQUEST: WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN
RESOURCES, CHAPTER 6 LAW ENFORCEMENT, CHAPTER 12 LICENSES
AND PERMITS, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
Bob Choate, County Attorney, introduced Ordinance 2013-11. Mr. Choate presented the proposed code
changes to Chapter 23 relating to marijuana and the legalization of it in Colorado and how Weld County is
responding to it.
Mr. Jemiola asked if this includes hemp. Mr. Choate said it does not. The changes to Chapter 23 include
recreational marijuana into the definitions.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2013-11 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-10
BRAD YATABE
WELD COUNTY CODE ORDINANCE #2013-10, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, AND CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE.
Brad Yatabe, County Attorney, introduced Ordinance 2013-10. Mr. Yatabe presented the proposed code
changes to Chapter 8, Public Works and Chapter 23, Zoning of the Weld County Code.
Mr. Yatabe said that this is the floodplain management ordinance that is currently contained in Chapter 23
and is proposed to move to Chapter 8. There are 2 issues that promoted this change: 1) the Colorado
Water Conservation Board is the apparatus that oversees FEMA guidelines within Colorado and they
have changed some rules around and we are being mandated to have these rules in effect by January
14, 2014. In order to qualify for National Flood Insurance Program, each locality needs to have a
floodplain manager and they need to meet at least the baseline FEMA standards. He added that at a
county level if we want our county citizens eligible for flood insurance and disaster funds through FEMA
we need to have a floodplain administrator and have these in effect. The second prompting of this
change is due to the recent floods. This was presented at a 1s1 reading with the BOCC because there are
citizens looking to rebuild and we want them to do that with the most up to date standards. He added that
the 2nd reading has been continued twice to allow for further consideration by the Board of County
Commissioners. There is some debate on whether these should remain under Chapter 23 or if they
should move over to Chapter 8 Public Works.
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