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DC-16-0002: Amendments to Article 4 and Article 18 to address the cultivation and processing of marijuana as a Residential Accessory Use

DC-16-0002: Amendments to Article 4 and Article 18 to address the cultivation and processing of marijuana as a Residential Accessory Use

View Residential Marijuana Cultivation and Processing information for unincorporated Boulder County

Docket DC-16-0002 Boulder County Land Use Code Amendments to Article 4 and Article 18 to addressed the cultivation and processing of marijuana as a Residential Accessory Use in unincorporated Boulder County. The Boulder County Land Use code applies to areas in unincorporated Boulder County, not in cities or towns.

On January 26, 2016, the Board of County Commissioners authorized staff (view Event Bookmark #14) to pursue text amendments to the Boulder County Land Use Code in Docket DC-16-0002.

Background

The state of Colorado’s legalization of marijuana has presented numerous land use challenges as the new laws have been implemented. The county recognized the votes to legalize marijuana and has undertaken sensible regulations to address the impacts while allowing various associated uses. Through the evolution of these uses it has become evident there are certain aspects of the county’s regulations which do not fully address the impacts and potential hazards present. In addition, the land use regulations may permit more than what is allowed under state laws thus creating a situation where the cultivations/grows are for activities not permitted under state law. In regard to this the county has received several complaints about the residential cultivation and processing of marijuana. Complaints raise concerns about odors, safety concerns from fire, explosions and potential exposure to hazardous materials.

The previous Land Use Code allowed personal cultivation and caregiver cultivation as Accessory uses and limits the area for the activity to no more than 300 square feet. The provisions also prohibited the use of flammable gases during any extraction process. Staff proposed to address the adequacy of the current regulations and draft amendments to address any shortcomings. The goal was to amend the Land Use Code text to create a clear regulatory framework which protects the safety of County residents and meets the intent of Accessory Use regulations. Land Use staff also aimed to ensure that the home marijuana uses under the code are roughly comparable to the regulations of other jurisdictions within the County.

Past Public Hearing and Meeting Information

Board of County Commissioners Public Hearing

On June 28, 2016, the Board of County Commissioners reviewed Docket DC-16-0002, with a request of Land Use staff to consider additional plant limits for caregivers and medical marijuana patients. Formal review of any additional proposed changes to regulations governing marijuana cultivation and processing will occur through a future text amendment process.

BOCC Action: On June 28, 2016, the Board of County Commissioners voted 3-0 to approve Docket DC-16-0002. Resolution 2016-75 became effective on June 28, 2016.

Documents:

Planning Commission Public Hearing

PC Action: On May 18, 2016, Planning Commission voted to approve Docket DC-16-0002 and recommend approval by the Board of County Commissioners.

Documents:

Planning Commission Public Meeting

PC Action: On April 20, 2016, the Planning Commission voted to table Docket DC-16-0002 to May 18, 2016.

Documents: Planning Commission meeting agenda for April 20, 2016.

Planning Commission Public Hearing

On March 16, 2016, the Planning Commission held a Public Hearing on Docket DC-16-0002: Proposed Text Amendments to Marijuana Processing and Cultivation Regulations to Article 4 and Article 18 of the Boulder County Land Use Code Text to address the cultivation and processing of marijuana as a Residential Accessory Use.

PC Action: Public testimony was taken.

Documents:

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