PLN

 Amendments to Chapters 3, 4 and 11 of the Adams County Development Standards and Regulations concerning the regulation of medical and retail marijuana establishments.

 The proposed changes to the Adams County Development Standards and Regulations would establish time, place, manner and number restrictions on: medical marijuana centers, medical marijuana infused product manufacturers, and medical marijuana optional premises cultivation operations; as well as retail marijuana stores, retail marijuana product manufacturing facilities, retail marijuana cultivation facilities, and retail marijuana testing facilities in Unincorporated Adams County.

 Currently, Adams County has a prohibition in place on all medical marijuana establishments (since Dec. 2010) and a temporary ban in place on all retail marijuana establishments (since Aug. 2013).  In the event that the Adams County Board of County Commissioners takes action to lift these bans, these regulations would, if passed, serve as the land use regulations for such establishments throughout Unincorporated Adams County.

 In November 2000, voters passed Amendment 20 to the State’s Constitution, effectively legalizing limited amounts of medical marijuana for patients and their primary caregivers.  The Colorado Medical Marijuana Code was passed by the General Assembly in Local governments were granted the authority to allow or prohibit dispensaries.  Medical Marijuana Establishments fall under the authority of the Colorado Department of Revenue’s Medical Marijuana Enforcement Division as well as the relevant local government.

 On November 6, 2012, the voters passed Amendment 64, which amended the Colorado Constitution by decriminalizing the personal cultivation, possession and use of recreational marijuana by persons 21 years of age or older.  Under Amendment 64, local governments are allowed to adopt local regulations governing the time, place, manner and number of retail marijuana establishments.  Rules related to the Colorado Retail Marijuana Code were established in September  Retail Marijuana Establishments fall under the authority of the Colorado Department of Revenue’s Marijuana Enforcement Division as well as the relevant local government.

 The purpose of the Adams County Marijuana Regulation Amendments is to: 1) protect the public health, safety, and welfare of Adams County residents; 2) provide for sound practices through the control of the time, place, manner and number of medical and retail marijuana establishments in the unincorporated areas of Adams County; 3) implement local rules for new business uses in accordance with State rules, regulations and laws; and 4) foster a more diverse and well-balanced economic base in Adams County.

 Staff has researched medical and retail marijuana regulations in other Colorado jurisdictions, including the City and County of Denver; cities such as Boulder, Northglenn, and Aurora; and counties such as Pueblo and Summit.  Staff has conducted meetings with representatives from the State of Colorado’s Medical Marijuana Enforcement Division, Tri-County Health Department, the District Attorney’s Office, the County Sheriff’s Office, local fire districts, other local officials, the marijuana industry, and citizens with respect to the proposed amendments.

 The Task Force met regularly and reviewed various proposals for new marijuana establishment regulations, which included GIS analysis of a dozen combinations of location criteria to analyze the various potential spatial characteristics of the regulations.  Among the criteria analyzed were distances to schools, playgrounds/parks, daycare centers, rehabilitation facilities, correctional facilities, and residentially zoned or used properties.  Based on this analysis, the Task Force selected a set of criteria known as Scenario #13 that is described below.

 Section 3-06, Use Categories Defined is updated to include a new category of uses, Marijuana Establishments.  Section 3-07, Use Chart and Dimensional Requirements is updated to include the seven types of marijuana establishments as well as Hemp Farming.  Section 3-10, Agricultural-3 District; Section 3-20, Commercial-3 District; Section 3-21, Commercial-4 District; Section 3-22, Commercial-5 District; Section 3-23, Industrial-1 District; Section 3- 24, Industrial-2 District; and Section 3-25, Industrial-3 District are updated to include the types of marijuana establishments that would be permitted uses in each of those zone districts.

 Medical Marijuana Centers and Retail Marijuana Stores are only permitted in the C-3, C-4, C-5, I-1, I-2, and I-3 zone districts.  Medical Marijuana Infused Products Manufacturers, Retail Marijuana Product Manufacturing Facilities, and Retail Marijuana Testing Facilities are permitted in the I-1, I-2, and I-3 zone districts.  Medical Marijuana Optional Premises Cultivation Operations and Retail Marijuana Cultivation Facilities are permitted in the C-3, C-4, and C-5 zone districts for dual operations, the I-1, I-2, and I-3 zone districts for stand-alone operations, and the A-3 zone district on parcels of at least 35 acres in size for indoor stand-alone operations.

 No Marijuana Establishment shall be located within 1,000 feet of any existing school, state-licensed daycare homes and daycare centers, playground, and public housing facility.  No Marijuana Establishment shall be located within 100 feet of any existing house of worship, youth center, public swimming pool, video arcade, alcohol or drug rehabilitation facility, group home for the developmentally disabled, halfway house or correctional facility.  No Marijuana Establishment shall be located within 50 feet of any residentially zoned or used property. No Medical Marijuana Infused Products Manufacturer or Retail Marijuana Product Manufacturing Facility shall be located within 1,500 feet of any residentially zoned or used property.  No Medical Marijuana Center or Retail Marijuana Store shall be located within 750 feet of any other such facility.

 A new term, Marijuana Establishment, is defined: A Marijuana Establishment means both a “Medical Marijuana Business” and/or a “Retail Marijuana Establishment” as defined by the Colorado Department of Revenue Marijuana Enforcement Division (1 CCR 212-2).

 Thurs, Nov 20, 6pm, Planning Commission Public Hearing  Tue, Dec 16, 10am, Board of County Commissioners Public Hearing  Note: All meetings will take place at the Adams County Government Center Public Hearing Room in Brighton.

IssueStateAdams County DenverBoulderNorthglennPueblo County ZoningN/AGenerally commercial and industrial zone districts Setbacks from Schools, daycare, etc. 1,000’ 1,000’ (only stores) 1,000’ (stores); 500’ (other RMEs) 500’1,000’ Setbacks from Parks, Playgrounds, etc. N/A100’N/A 500’N/A Setbacks from Homes N/A50’N/A 200’250’ Setbacks from halfway houses,etc. N/A100’1,000’ (only stores) 1,000’ 250’