MedicalNeed
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Two of Boulder County's three commissioners tentatively agreed Tuesday with the Land Use Department's conclusion that a medical marijuana farm could be allowed north of Longmont.
But commissioners Will Toor and Ben Pearlman delayed making a final decision until Commissioner Cindy Domenico, who was absent Tuesday, could weigh in and until all three could meet with county attorneys to get legal advice.
At the beginning of June, the owners of Szymanski Farms, 10347 Yellowstone Road, submitted a "site plan review" application to the county to change the use allowed on their farm from commercial feed yard to intensive agricultural. Scott Mullner, of Laramie, Wyo., joined Cyd and Steve Szymanski on the application with the plan of buying the farm if the land-use change -- which would allow medical marijuana to be grown and processed inside the five existing agricultural buildings on the property -- goes through.
On June 8, the commissioners voted to revise the county's land-use codes to restrict where medical marijuana dispensaries and growing operations can set up shop. The new rules forbid the operation of marijuana centers in any agricultural zone, but the Szymanskis' application -- which was turned in days before the changes were approved -- is being judged by the older rules.
Earlier this month, the Land Use Department decided that the site plan review application did, in fact, meet the rules laid out in the older code.
"We reviewed the 16 site plan review standards and concluded that there were no significant conflicts that could not be mitigated," Summer Howard, the county land-use planner who analyzed the application, said at Tuesday's meeting.
The commissioners are now deciding whether they want to "call up" the application. If they do, the commissioners then act as judges, ruling on whether the Land Use Department correctly applied the code, according to Commissioner Pearlman.
"It's not something where we are allowed to use our judgment as to whether we think it's a good idea or a bad idea or something we want to see or don't want to see," Pearlman said. "When we deal with land-use dockets, we deal with them in quasi-judicial capacity, which means it's our obligation to look at the code and the application that's presented to us and match them up."
The commissioners only call up dockets when they believe there is a good chance that their own analysis would conflict with the Land Use Department's. And on Tuesday, both commissioners said they found the staff analysis to be correct. At the earliest, the commissioners will make a final decision on whether to call up the docket on Aug. 31, but no official date has been set.
Though no public comment was taken at Tuesday's meeting, about 20 people showed up to oppose the proposed pot farm, citing concerns about increased crime, the impact of the operation on neighboring home values and the farm's proximity to the Mountain States Children's Home, which sits about 2,000 feet away.
Carl Peters, who lives down the road from the Szymanski farm, said he disagrees that the application meets all the site plan review standards, especially the one that requires the proposal to be compatible with the surrounding neighborhood.
"I don't see how it could be appropriate to put a marijuana facility near an orphanage," he said. "How can that be compatible?"
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: dailycamera.com
Author: Laura Snider
Contact: Contact Us - Boulder Daily Camera
Copyright: Copyright 2010
Media News group
Website:Boulder County commissioners tentatively support Longmont-area pot farm
But commissioners Will Toor and Ben Pearlman delayed making a final decision until Commissioner Cindy Domenico, who was absent Tuesday, could weigh in and until all three could meet with county attorneys to get legal advice.
At the beginning of June, the owners of Szymanski Farms, 10347 Yellowstone Road, submitted a "site plan review" application to the county to change the use allowed on their farm from commercial feed yard to intensive agricultural. Scott Mullner, of Laramie, Wyo., joined Cyd and Steve Szymanski on the application with the plan of buying the farm if the land-use change -- which would allow medical marijuana to be grown and processed inside the five existing agricultural buildings on the property -- goes through.
On June 8, the commissioners voted to revise the county's land-use codes to restrict where medical marijuana dispensaries and growing operations can set up shop. The new rules forbid the operation of marijuana centers in any agricultural zone, but the Szymanskis' application -- which was turned in days before the changes were approved -- is being judged by the older rules.
Earlier this month, the Land Use Department decided that the site plan review application did, in fact, meet the rules laid out in the older code.
"We reviewed the 16 site plan review standards and concluded that there were no significant conflicts that could not be mitigated," Summer Howard, the county land-use planner who analyzed the application, said at Tuesday's meeting.
The commissioners are now deciding whether they want to "call up" the application. If they do, the commissioners then act as judges, ruling on whether the Land Use Department correctly applied the code, according to Commissioner Pearlman.
"It's not something where we are allowed to use our judgment as to whether we think it's a good idea or a bad idea or something we want to see or don't want to see," Pearlman said. "When we deal with land-use dockets, we deal with them in quasi-judicial capacity, which means it's our obligation to look at the code and the application that's presented to us and match them up."
The commissioners only call up dockets when they believe there is a good chance that their own analysis would conflict with the Land Use Department's. And on Tuesday, both commissioners said they found the staff analysis to be correct. At the earliest, the commissioners will make a final decision on whether to call up the docket on Aug. 31, but no official date has been set.
Though no public comment was taken at Tuesday's meeting, about 20 people showed up to oppose the proposed pot farm, citing concerns about increased crime, the impact of the operation on neighboring home values and the farm's proximity to the Mountain States Children's Home, which sits about 2,000 feet away.
Carl Peters, who lives down the road from the Szymanski farm, said he disagrees that the application meets all the site plan review standards, especially the one that requires the proposal to be compatible with the surrounding neighborhood.
"I don't see how it could be appropriate to put a marijuana facility near an orphanage," he said. "How can that be compatible?"
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: dailycamera.com
Author: Laura Snider
Contact: Contact Us - Boulder Daily Camera
Copyright: Copyright 2010
Media News group
Website:Boulder County commissioners tentatively support Longmont-area pot farm
