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Home My WebLink About20243335.tiffEsther Gesick From: Sent: To: Cc: Subject: Attachments: Bruce Barker Friday, January 24, 2025 4:07 PM BOCC CTB; David Eisenbraun; Maxwell Nader; Jim Flesher Added Language for 23-4-1400 B. Ord 2024-18 3rd rdg change (002) with BTB added language.docx; 44-3-313 Restrictions for applications for new licensed -if; 44-10-311 Restrictions for applications for new licenses.rtf This is what we recommend for the revisions to 23-4-1400 B. (the yellow highlighted language is what we recommend adding): B. No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall be established within one thousand (1,000) feet of a state -licensed CHILD CARE CENTER; a state -licensed preschool; a public, independent, or parochial school which satisfies the compulsory school attendance requirements appearing in the School Attendance Law of 1963, Title 22, Article 33, C.R.S.; a state - licensed FAMILY CHILD CARE HOME; an alcohol or drug treatment facility; the principal campus of a college, university, or seminary; a state -licensed assisted living residence, as referred to in C.R.S. Section 25-27-102(1.3); or a state -licensed nursing home facility, as referred to in C.R.S. Section 12-265- 103(4). Such distance shall be measured from the nearest property line of the land used for a school or facility to the nearest portion of the BUILDING in which natural medicine services are provided, using a route of direct pedestrian access. These changes are consistent with the distance requirements for alcohol and marijuana facilities, pursuant to CRS 44-3- 313 and 44-10-311. 1 § 44-10-311. Restrictions for applications for new licenses, CO ST § 44-10-311 West's Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Marijuana Regulation Article 10. Regulated Marijuana (Refs & Annos) Part 3. Licensing Procedures (Refs & Annos) C.R.S.A. § 44-10-311 Formerly cited as CO ST §§ 12-43.3-308, 12-43.4-307, 44-11-308, 44-12-307 § 44-10-311. Restrictions for applications for new licenses Currentness (1) The state or a local licensing authority shall not receive or act upon an application for the issuance of a state or local medical marijuana business license pursuant to this article 10: (a) If the application for a state or local license concerns a particular location that is the same as or within one thousand feet of a location for which, within the two years immediately preceding the date of the application, the state or a local licensing authority denied an application for the same class of license due to the nature of the use or other concern related to the location; (b) Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; (c) For a location in an area where the cultivation, manufacture, and sale of medical marijuana as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county; (d)(I) If the building in which medical marijuana is to be sold is located within one thousand feet of a school; an alcohol or druid, treatment facility: the principal campus of a college, crnivers4), or seminary; or a residential child care facility, -1 he provisions of this section do not affect the renewal or reissuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality, nor do the provisions of this section apply to an existing licensed premises on land owned by the state or apply to a license in effect and actively doing business before said principal campus was constructed. The local licensing authority of a city and county, by rule or regulation; the governing body of a municipality, by ordinance; and the governing body of a county, by resolution, may vary the distance restrictions imposed by this subsection (1)(d)(I) for a license or may eliminate one or more types of schools, campuses, or facilities from the application of a distance restriction established by or pursuant to this subsection (l)(d)(I). WESTLAW Lft:1ltll IO Clover rmen! Not ao- ss § 44-10-311. Restrictions for applications for new licenses, CO ST § 44-10-311 (II) The distances referred to in this subsection (1)(d) are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which medical marijuana is to be sold, using a route of direct pedestrian access. (III) In addition to the requirements of section 44-10-304(2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the medical marijuana is to be sold is located within any distance restrictions established by or pursuant to this subsection (1)(d). (2) The state licensing authority shall not approve an application for the issuance of a state retail marijuana business license pursuant to this article 10 until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises. Credits Relocated and amended by Laws 2019, Ch. 315 (S. B. 19-224), § 5, eff. Jan. 1, 2020. Editors' Notes REPEAL <For repeal of this section, see § 44-10-1401.> C. R. S. A. § 44-10-311., CO ST § 44-10-311 Current through the Second Regular and Extraordinary Sessions, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document 2025 I homson Reuters. No claim to original U S. Government Works. ESTLAV 'Q) ;?025 ' hot e:io I Router CHUM tO 1,�� _1��','_ll H ri; C ove niiionn( Works § 44-3-313. Restrictions for applications for new license, Co ST § 44-3-313 West's Colorado Revised Statutes Annotated Title 44. Activities Regulated by the Department of Revenue Alcohol and Tobacco Regulation Article 3. Alcohol Beverages Part 3. State and Local Licensing C. R. S.A. § 44-3-313 Formerly cited as CO ST § 12-47-313 § 44-3-313. Restrictions for applications for new license Currentness (1) An application for the issuance of any license specified in section 44-3-309(1) or 44-4-107(1) shall not be received or acted upon: (a)(I) If the application for a license described in section 44-3-309(1) concerns a particular location that is the same as or within five hundred feet of a location for which, within the two years next preceding the date of the application, the state or a local licensing authority denied an application for the same class of license for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets. (II) Subsection (1)(a)(I) of this section shall not apply to cities in which limited gaming is permitted pursuant to section 9 of article XVIII of the state constitution. (III) No licensing authority shall consider an application for any license to sell fermented malt beverages at retail pursuant to section 44-4-107(1) if, within one year before the date of the application, the state or a local licensing authority has denied an application at the same location for the reason that the reasonable requirements of the neighborhood or the desires of the inhabitants were satisfied by the existing outlets. (b) Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises, or by virtue of ownership thereof; (c) For a location in an area where the sale of alcohol beverages as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county; WWESTLAW HE I[ _;I' No dk]I(1 I ongi al �.i Gt)Ve(; lfle(lt \l!`ini kt § 44-3-313. Restrictions for applications for new license, Co ST § 44-3-313 (d)(I) If the building in which the alcohol beverages are to be sold pursuant to a license described in section 44-3-309(1) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminar ; except that this subsection (1)(d)(I) does not: (A) Affect the renewal or reissuance of a license once granted; (B) Apply to licensed premises located or to be located on land owned by a municipality; (C) Apply to an existing licensed premises on land owned by the state; (D) Apply to a liquor license in effect and actively doing business before the principal campus was constructed; (E) Apply to any club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of the institution; or (F) Apply to a campus liquor complex. (II) The distances referred to in subsection (1)(d)(I) of this section are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using a route of direct pedestrian access. (III) The local licensing authority of any city and county, by rule or regulation; the governing body of any other municipality, by ordinance; and the governing body of any other county, by resolution, may eliminate or reduce the distance restrictions imposed by this subsection (1)(d) for any class of license, or may eliminate one or more types of schools or campuses from the application of any distance restriction established by or pursuant to this subsection (1)(d). (IV) In addition to the requirements of section 44-3-312(2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the liquor is to be sold is located within any distance restrictions established by or pursuant to this section. This finding shall be subject to judicial review pursuant to section 44-3-802. (e)(I) If the building in which the fermented malt beverages and wine are to be sold pursuant to a license under section 44-4-107(1)(a) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminal; except that this subsection (1)(e)(I) does not apply to: \+' E TLAV/ =? 2025 IIlontsc.nl uierc; i\U: claim to original l l `-.} Government Works § 44-3-313. Restrictions for applications for new license, CO ST § 44-3-313 (A) Licensed premises located or to be located on land owned by a municipality; (B) An existing licensed premises on land owned by the state; (C) A fermented malt beverage and wine retailer that held a valid license and was actively doing business before the principal campus was constructed; (D) A club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of the institution; or (E) A campus liquor complex. (II) The distances referred to in subsection (1)(e)(I) of this section are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which fermented malt beverages and wine are to be sold, using a route of direct pedestrian access. (III) The local licensing authority of any city and county, by rule or regulation; the governing body of any other municipality, by ordinance; or the governing body of any other county, by resolution, may: (A) Eliminate or modify the distance restrictions imposed by this subsection (1)(e); or (B) Eliminate one or more types of schools or campuses from the application of any distance restriction established by or pursuant to this subsection (1)(e). (IV) In addition to the requirements of section 44-3-312(2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the fermented malt beverages and wine are to be sold is located within any distance restriction established by or pursuant to this subsection (1)(e). The finding is subject to judicial review pursuant to section 44-3-802. (V) This subsection (1)(e) applies to: (A) Applications for new fermented malt beverage and wine retailer's licenses under section 44-4-107(1)(a) submitted on or after March 1, 2023; and WESTL44 ( ) 2025 Thomson Iz(..:H.i ers No cft:iirn 1,0 c>� �c,)�r��71 ! ::� Government nrrient Works § 44-3-313. Restrictions for applications for new license, CO ST § 444-313 (B) Applications submitted on or after March 1, 2023, under section 44-3-301(9) by fermented malt beverage and wine retailers licensed under section 44-4-107(1)(a) to change the permanent location of the fermented malt beverage and wine retailer's licensed premises. (2) An application for the issuance of a tavern or retail liquor store license may be denied under this article 3 if the local licensing authority or the state on state-owned property determines, pursuant to section 44-3-301(2)(b), that the issuance of the license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources. Credits Relocated and amended by Laws 2018, Ch. 152, § 2, eff. Oct. 1, 2018. Amended by Laws 2022, I.P. 121 (Proposition 125), § 4, eff: March 1, 2023 Notes of Decisions (11) C. R. S. A. § 44-3-313, CO ST § 44-3-313 Current through the Second Regular and Extraordinary Sessions, 74th General Assembly (2024). Some statute sections may be more current. See credits for details. End of Document © 2025 Thomson Reuters No claim to original U S Government Works WESTLAW Q 2025 Thomson Reuters No claim to original U S. Government Works 4 Esther Gesick From: Sent: To: Subject: Carson Hoist <carsonholst511 @gmail.com> Wednesday, January 22, 2025 5:51 PM Esther Gesick Comments and Questions regarding Ordinance 2024-18 This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking links, or downloading attachments until their identify is verified. Dear Esther Gesick, I hope this message finds you well. I am writing to express my thoughts and pose a few questions regarding the proposed ordinance 2024-18 regarding state -Licensed Natural Medicine Facilities in Weld county. I understand that, as currently drafted, these facilities would only be permitted in the unincorporated areas of Weld County and if the property is zoned industrial. I would like to suggest considering the inclusion of Cultivation Facilities within agricultural zones in unincorporated Weld as well. There are few reasons why I believe agricultural zones could be appropriate for Cultivation Facilities: 1) The cultivation of Psilocybe cubensis is fundamentally an agricultural process. It involves the use of a substrate composed of coco coir and can be mixed with gypsum and vermiculite. Grains that have been hydrated and sterilized are then inoculated with culture consisting of spores or mycelium. 2) Limiting all Natural Medicine Facilities to industrial zones may place unnecessary strain on those areas, reducing space for other industries that require such zoning. Allocating Cultivation Facilities to agricultural zones could help distribute land use more efficiently. 3) Including cultivation in agricultural zones could provide landowners with additional economic opportunities, diversifying income sources and supporting local agricultural economies. Moreover, it could assist those interested in participating in this emerging industry, particularly given the state's incentives for early adoption. I appreciate the effort that has gone into crafting this ordinance and hope that these considerations can be taken into account as you move forward. Thank you for your time and for considering my input on this matter. Sincerely, Carson Hoist 1 EXHIBIT MEMORANDUM I _ 'EL_ orb _ zoz4-iq TO: WELD COUNTY PLANNING COMMISSION FROM: MAXWELL NADER, PLANNING MANAGER DATE: DECEMBER 3, 2024 RE: ORDINANCE 2024-18, CHAPTER 23, ZONING: STATE -LICENSED NATURAL MEDICINE FACILITIES The Board of County Commissioners held a worksession on November 18, 2024, regarding changes to Articles I, III, and IV of Chapter 23 to address natural medicine facilities for which the Colorado Department of Revenue will begin issuing licenses in about three months. In 2022, Colorado voters approved Proposition 122 to decriminalize and regulate certain psychedelic plants and fungi for people 21 and older. Psilocybin, the active ingredient in psychedelic mushrooms, remains a Schedule I drug under the federal Controlled Substances Act. In addition to psilocybin, regulated natural medicines may include certain other federally controlled substances but exclude synthetic drugs. The 2022 measure also created the Regulated Natural Medicine Access Program under the Colorado Department of Regulatory Agencies and a Natural Medicine Advisory Board to implement the program. Beginning in 2025, the Department of Revenue Natural Medicine Division will license natural medicine businesses, which must comply with local zoning regulations as well as state requirements. Colorado Revised Statutes Section 12-170-112 states a local jurisdiction cannot "prohibit a facilitator from providing natural medicine services within its boundaries if the individual is a licensed facilitator" and cannot "adopt ordinances or regulations that are unreasonable or in conflict with" state regulations. A natural medicine business may include the following: 1. Healing centers where regulated natural medicine may be consumed by participants who are at least 21 years old and under the supervision of a licensed facilitator (no retail sales), 2. Cultivation (growing) facilities, 3. Manufacturing (processing and extraction) facilities, and 4. Testing facilities. The business may be licensed for any combination of the first three uses above. Testing facilities are required to be separate businesses. More information is available on the Department of Revenue's Natural Medicine Division webpage: https://drun.colo+ adlo. iovf. This ordinance would establish a defined use for these facilities and limit them to Industrial zone districts and Planned Unit Developments (PUDs) with Industrial uses. Also included is a provision that these facilities will not be permitted within 1,000 feet of a school or state -licensed daycare, but state law already contains that provision, so the state should not license any property within that distance. Please refer to the attached ordinance for more details. First reading by the Board of County Commissioners is scheduled for December 16, 2024. Staff recommends approval. Page 1 2024-3335 111,111:ICII:ii Z O N CD t9 ad Z oz ZZ o�w a. ■ 0 (B co 2 L.L � •U icti :O Ni O � N � oW c • co ea iss. 0 OD C Z 0 � U tu0 C co Z N X co c} q1;71-AiMliZki N N O N 73 o_ ro tiN N O Q N 0 131) O .1-1 LB) o CIO O. CO N V) CO CU Ca a) a O a) a tap 4- C CO 41 C C0 . a - V a) 73 a) V 6i9 a. Ca L a) V 73 a) 4J CO bA a) 73 C Ca a) N s — C0 ■ sit c -a r �■ V ma 4-0 V a) C cn C CO a) V 4-O c a) v) a • . 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Cam• N C O tin serd • Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Virginia Guderjahn, 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: EXHIBIT_ „p -8 Case Number: Ordinance 2024-18 Presented by: Maxwell Nader Request: In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning of the Weld County Code (State Licensed Natural Medicine Facilities). be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.B.1 That the existing text is in need of revision, as proposed. Colorado's Natural Medicine Health Act of 2022 and the Colorado Natural Medicine Code do not allow the County to prohibit natural medicine facilities, though such facilities will need to comply with the County's zoning. Such facilities are not currently covered by the County's zoning regulations. 2. Section 23-2-120.8.2 — That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. The proposed regulations may further the guiding principle of respecting private property rights and promoting economic growth and stability, while limiting such facilities to the Industrial zone districts and prohibiting them from establishing within 1,000 feet of a school or daycare promotes health, safety, and general welfare. 3. Section 23-2-120.8.3 — That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. These regulations would regulate the use of land on the basis of the impact of land use changes on the community or surrounding areas. Motion seconded by Cindy Beemer. VOTE: For Passage Against Passage Pamela Edens Michael Wailes Absent Butch White Michael Palizzi Virginia Guderjahn Barney Hammond Michael Biwer Cindy Beemer 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 Commissioners 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 December 3, 2024. Dated the 3rd of December, 2024 Kristine Ranslem Secretary CHAPTER 23 ZONING ARTICLE I — General Provisions Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE The premises specified in an application for a license pursuant to the Colorado Natural Medicine Code (CRS 44-50-101, et seq.) that the licensee owns or is in possession of and within which the licensee is authorized to cultivate, manufacture, test, store, distribute, transport, transfer, or dispense regulated natural medicine or regulated natural medicine product in accordance with the Colorado Natural Medicine Code. [All other definitions — No change.] ARTICLE III — Zone Districts Division 3 — Commercial) Zone District Amend the last sentence of Sec. 23-3-210.C, Sec. 23-3-220.C, Sec. 23-3-230.C, and Sec. 23-3-240.C to read as follows: Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other than 1-3. Division 4 - Industrial Zone Districts Sec. 23-3-310. - I-1 (Light Industrial) Zone District. [A & B - no change.] C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other than 1-3. [Insert new 17 and renumber remaining subsection] 17. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. [D, E & F — no change] Sec. 23-3-320. - I-2 (Medium Industrial) Zone District. [A & B - no change.] C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other than 1-3. [Insert new 15 and renumber remaining subsection] 15. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. [D, E, & F — no change] Sec. 23-3-330. - 1-3 (Heavy Industrial) Zone District. [A & B - no change.] C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. [Insert new 18 and renumber remaining subsection] 18. LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE, subject to the limitations in Chapter 23, Article IV, Division 19. [D, E, & F — no change] ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 19 - Licensed Premises Pursuant to the Colorado Natural Medicine Code Sec. 23-4-1400. - Licensed Premises Pursuant to the Colorado Natural Medicine Code. All LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall comply with all of the following provisions: A. No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall operate within the unincorporated area of Weld County without a valid natural medicine license from the State of Colorado Department of Revenue. B. No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall be established within one thousand (1,000) feet of a state -licensed CHILD CARE CENTER; a state - licensed preschool; a public, independent, or parochial school which satisfies the compulsory school attendance requirements appearing in the School Attendance Law of 1963, Title 22, Article 33, C.R.S.; or a state -licensed FAMILY CHILD CARE HOME. Such distance shall be measured from the nearest property line of the land used for a school or facility to the nearest portion of the BUILDING in which natural medicine services are provided, using a route of direct pedestrian access. Summary of the Weld County Planning Commission Meeting Tuesday, December 3, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair Michael Wailes, at 1:30 p.m. Roll Call. Present: Michael Wailes, Pamela Edens, Virginia Guderjahn, Barney Hammond, Michael Biwer, Cindy Beemer, Jay Pier. Absent: Butch White, Michael Palizzi. Also Present: Diana Aungst, Maxwell Nader, and Molly Wright, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Planner: Request: Ordinance 2024-18 Maxwell Nader In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning of the Weld County Code (state -licensed natural medicine facilities) Maxwell Nader, Planning Services, provided a brief summary on the proposed code changes to Chapter 23. Mr. Nader stated that in 2022 Colorado voters approved Proposition 122 to decriminalize and regulate certain psychedelic plants and fungi for people 21 and older. He added that this does not include synthetic drugs and will not be allowed in retail sales. The Colorado Department of Revenue Natural Medicine Division will license natural medicine facilities beginning in early 2025. Mr. Nader said that natural medicine facilities may include a hearing center where regulated natural medicine may be consumed by participants who are at least 21 years old and under the supervision of a licensed facilitator, cultivation (growing) facilities, manufacturing (processing and extraction) facilities, and testing facilities. He added that these facilities may be at least 1,000 feet from schools and daycare facilities, including licensed and in -home daycare. The Department of Planning Services recommends approval of this Ordinance. Commissioner Edens stated that she would like to see the facilities at least one (1) mile from any school or daycare facilities. Commissioner Beemer said that this somewhat falls into the genre of when Colorado legalized marijuana and asked if the County has a similar regulation of where marijuana facilities can be located. Karin McDougal, County Attorney, said that the way they passed the law is different. She added that the County prohibits marijuana facilities in unincorporated Weld County but we can't do that with this statute. She added that we have the authority to limit where they can be but to limit them completely is not allowed. Commissioner Hammond said if we recommend a further distance could it be challenged by the State. Ms. McDougal said that she hasn't seen their requirements and it is reasonable to say it in your comments but would have to review what authority we have. Mr. Nader said that we cannot adopt ordinances or regulations that are considered unreasonable which is why we kept it at the 1,000 feet to match the state regulation. Commissioner Hammond asked if any other industrial uses would be affected by this. Mr. Nader said that it only affects the schools and daycares. 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 2024-18 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Virginia Guderjahn, Seconded by Cindy Beemer. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Barney Hammond, Cindy Beemer, Jay Pier, Michael Biwer, Michael Wailes, Pamela Edens, Virginia Guderjahn. 1 Meeting adjourned at 3:00 p.m. Respectfully submitted, `•�4�,..1�► LtdlaairiattLen, Kristine Ranslem Secretary 2 ATTENDANCE z 's , ...9. cleas; ia ti 1 1 se di4, 14 cri— i I I I , II I I l l i I 3 c treet, City, S1 cPur hr 6‘ 00 g 6 o I r S 1/4%. V � I l CP CI. CU a a s Hello