Planning Commission Agenda and Packet 2018 12 13

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Planning Commission Staff Report December 13, 2018 ATTACHMENTS: 1. Draft Ordinance 2. Resolution 17, Series 2018 3. Links to March 15, 2011 City Council Packet and Minutes 4. Links to December 17, 2013 City Council Packet and Minutes 5. Links to November 3, 2014 City Council Packet and Minutes 6. Links to February 27, 2018 City Council Packet and Minutes 7. Links to April 17, 2018 City Council Packet and Minutes 8. Links to November 5, 2018 City Council Packet and Minutes 9. Buffer Map Current Code 10. Buffer Map Proposed Code 11. Lafayette Buffers 12. "The Effect Legalizing Retail Marijuana on Housing Values: Evidence from Colorado" Economic Inquiry Vol. 56, No. 3, July 2018 13. "The Budding Impact of Marijuana on Real Estate" www.PropLogix.com, November 30, 2017 14. Public Comment Letters Code language: No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the establishment at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a retail marijuana establishment must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a retail marijuana establishment, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. Chapter 15 Licenses and Business Regulations, Article XVII, Division 3, Section 15-621 (c). Code language: "The growing, cultivation, or processing of marijuana on or within a licensed premises is prohibited unless allowed by the applicable codes and applicable administrative regulations, and the licensed premises are equipped with a proper ventilation system that filters out the odor of marijuana so that the odor is not capable of being detected by a person with a normal sense of smell at the exterior of the licensed premises." Ordinance 35, Series 2013, codified in Chapter 14 Marijuana Licenses and Regulations, 4-14-25. Ordinance can be found at: http://www.townofbreckenridge.com/Home/ShowDocument?id=7073. Note that the Breckenridge Code is available through http://www.sterlingcodifiers.com/codebook/index.php?book id=878. All other codes are available through Municode. "' Code language: "(1) If odorous contaminants are detected when one (1) volume of the odorous air has been diluted with seven (7) or more volumes of odor -free air, as measured by any instrument, device, or method designated by the Colorado Air Pollution Control Division to be used in the determination of the intensity of an odor and in the enforcement of Colorado Air Quality Control Commission Regulation 2. (2) If the department receives five (5) or more complaints from individuals representing separate households or businesses within the city within a 30-day period relating to a Marijuana Code Amendments Page 11 of 12 PC — December 13, 2018 30