Planning Commission Agenda and Packet 2019 01 10

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Planning Commission Meeting Minutes December 13, 2018 Page 5 of 21 Howe asked what the typical exhaust was comprised of and if it could be negated to zero. Zuccaro stated that the standard would be zero odor at the premises, meaning at the building. They would not be measuring gas, just odor. Hsu noted that the Code in 5.11.222 did not specifically mention having odor at the premises. He pointed out that the Code language was squishy. He read the following excerpt to make his point, questioning the uses of words like "reasonable" and "normal": "No retail marijuana establishment shall permit the emission of marijuana odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable use and enjoyment of another's property...whether or not a marijuana emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity able to detect the odor of marijuana outside the marijuana establishment." Zuccaro replied that staff was concerned about the ability to enforce odor control as well. They reached this draft based on conversations with other cities that have been dealing with cultivation odor regulation for years. They felt it worked reasonably well as long as the City invested the resources to enforce it. Williams asked why the Code wouldn't have marijuana and liquor regulated in the exact same way with the same Code. Zuccaro stated that that would be one way to do it if you really considered them the same. Hsu noted that regulating them in the exact same way might run afoul of state liquor laws. Howe asked if the federal law allowed the sale of marijuana. Zuccaro replied that no, federal law did not allow it, which created general uncertainty and issues with banking. Brauneis requested public comment. Tom Tennessen, 5700 Dudley Street in Arvada, stated that he had been a resident of Louisville for 16 years and had served on the liquor board. He observed that the buffer laws prevented more than two stores in city limits, especially the daycare buffer restriction. As a previous member of the liquor board he noted more problems with the liquor licenses than the marijuana ones. He then addressed the cultivation issue, stating that the City of Boulder has 50-some licenses, yet some of the licensees have the same owners in multiple facilities. If you don't have regulations in town, market forces would continue to change as they had since the original laws were written. He noted that cultivation facilities were much more regulated with cameras and tags and other forms 8