Pubdate: Mon, 15 Nov 2010 Source: Durango Herald, The (CO) Copyright: 2010 The Durango Herald Contact: http://durangoherald.com/write_the_editor/ Website: http://durangoherald.com/ Details: http://www.mapinc.org/media/866 Author: Patrick Young, Herald Staff Writer COUNTY DRAFTS MEDICAL POT LAWS State Regulations To Take Effect In July The long-awaited La Plata County temporary land-use code governing medical-marijuana facilities has been drafted and now is available for public scrutiny. The county imposed a moratorium on medical-marijuana facilities in March. If approved, the code would be in effect until July 1, 2011, when new statewide regulations kick in. State law already in effect requires owners and operators of medical-marijuana facilities to undergo a criminal background check. It also is their responsibility to ensure adequate security of the premises. The county's draft rules, which can be altered by commissioners based on public comment, would allow limited operation of medical-marijuana retail centers, growing operations and the production of marijuana-infused products within the county after an extensive application and review process. The code does not apply to private caregiver facilities authorized by Amendment 20 passed in 2000. As written, the county's code is similar to Durango's code governing medical-marijuana centers with the notable exception that the city explicitly bans medical-marijuana growing operations. The rules would restrict medical-marijuana facilities from operating within 1,000 feet of any school, college campus, licensed child care center, public park or playground, rehabilitation center, or church or religious institution. With the exception of primary-caregiver facilities, medical-marijuana facilities would not be allowed to operate within three miles of Bayfield or Ignacio. Both towns independently have passed ordinances banning the businesses. Under the proposed rules, applicants would have to follow strict guidelines before becoming eligible for final approval by the county's planning department. Before an application could be filed, applicants first would have to submit a draft business plan to county staff and demonstrate they are familiar with the procedures of the application process. Within the next five days, the applicant would be required to notify a number of agencies of their intentions, including the Colorado Department of Transportation; the Colorado Division of Water Resources; the La Plata County Building Department; the San Juan Basin Health Department; any applicable water, sewer, fire and metro districts within which the property is located; and any municipality within a 3-mile radius. The agencies would have 10 days to submit written comment to the county planning director. At least 10 days before submitting an application, the applicant would have to notify all property owners within 500 feet of the property lines of the proposed business, providing them with the applicant's name, a description of the proposed operation and the types and sizes of any buildings used in conjunction with the business. Neighboring landowners then would have 20 days to submit written comment to the county planning director. Once this process is completed, the planning director then would determine if all requirements were met and render a decision no later than 10 days after the comment period had ended. If denied a permit, the applicant would have 14 days to appeal the decision. Outlined in the code are rules governing a business' choice of signs and parking requirements. Hours of operation would be limited to 8 a.m. to 7 p.m. Businesses also would be required to prevent any adverse or noxious odors from wafting onto neighboring property. Additional limitations could be imposed at the discretion of the planning director. Commissioners have yet to debate the draft code, and it is unclear what changes will be made. A public hearing will be held before a final vote, though a date has not yet been announced. - --- MAP posted-by: Jo-D