O-15. 3 Month Moratorium on the Acceptance of Applications Relative to Possible Marijuana Facilities

Palisade Board of Trustees
Date of Vote: Tue, Jun 27th 2017
Polls (closed):
Yay (0)    Nay (0)

Summary

                    An Emergency Ordinance of the Town of Palisade, Colorado, Establishing a 3 Month Temporary Moratorium on the Acceptance of Rezoning and Conditional Use Permit Applications Relative to Possible Marijuana Facilities; and declaring an Emergency.

WHEREAS, pursuant to Sections 31-15-401 and 31-23-301, C.R.S., the Town of Palisade
has broad authority to exercise its police powers to promote and protect the health, safety and
welfare of the community and its residents; and

WHEREAS, pursuant to Section 31-23-301, C.R.S., such police powers include the power
to regulate the location and use of land within the Town for trade, industry, or other purposes;
and
                
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                    WHEREAS, pursuant to the Local Government Land Use Control Enabling Act of 1974,
Sections 29-20-101 et. seq., C.R.S., the Town of Palisade has the authority to plan for and
regulate the planned and orderly use of land on the basis of the impact thereof to its residents;
and

WHEREAS, on November 6, 2012, Colorado voters approved Amendment No. 64, now
codified as Section 16 of Article XVIII of the Colorado Constitution; and

WHEREAS, pursuant to Amendment No. 64, a “locality”, defined to include a
municipality, may “prohibit the operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the
enactment of an ordinance; and

WHEREAS, in 2013 the Colorado General Assembly enacted the Colorado Retail
Marijuana Code, Sections 12-43.4-101, et. seq., C.R.S., pursuant to the authority contained in
Section 16 of Article XVIII of the Colorado Constitution, and said Code establishes four (4) types
of licenses: retail marijuana store licenses, retail marijuana cultivation facility licenses, retail
marijuana products manufacturing licenses, and retail marijuana testing facility licenses; and

WHEREAS, the Town of Palisade’s electors voting at the November 8, 2016 general
election authorized the establishment and operation of retail marijuana stores, retail marijuana
cultivation facilities, retail marijuana manufacturing facilities, and retail marijuana testing
facilities subject to regulations and requirements adopted by the Palisade Board of Trustees as
necessary for the proper licensing and administration of such retail marijuana business
facilities; and

WHEREAS, the Board of Trustees of the Town of Palisade has passed Ordinances limiting
the numbers of retail marijuana business licenses; and

WHEREAS, the Board of Trustees of the Town of Palisade finds and determines that a
moratorium on the acceptance of rezoning and conditional use permit applications will allow
Town staff and the Board of Trustees the time to process retail marijuana business license
requests and determine which properties/applicants will receive the opportunity to receive one
of the limited available licenses after which land use and planning applications may then be
considered.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
PALISADE, COLORADO:

Section 1. Incorporation of Recitals. The foregoing Recitals are hereby affirmed
and incorporated herein by this reference and as findings of the Board of Trustees.

Section 2. Temporary Moratorium and Delay Enacted. Upon the effective
date of this Ordinance, the Town of Palisade hereby imposes a temporary moratorium and
delay on the acceptance, processing and approval of all rezoning and conditional use permit
applications pertaining to the possible location of retail marijuana cultivation facilities, retail
marijuana product manufacturing facilities, retail marijuana testing facilities, and retail
marijuana stores, as those terms are defined in the Colorado Retail Marijuana Code, Article 43.4
of Title 12, C.R.S. This temporary moratorium and delay shall automatically terminate at
midnight on September 27th, 2017, unless terminated earlier by the Board of Trustees or
extended in its duration by enactment of another Ordinance. This Ordinance and the
temporary moratorium and delay herein imposed shall be self executing without further action
by the Town or the Board of Trustees.

Section 3. Severability. If any provision of this Ordinance should be found by a
court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining
portions or applications of this Ordinance that can be given effect without the invalid portion,
provided that such remaining portions or applications of this Ordinance are not determined by
the court to be inoperable. The Board of Trustees declares that it would have adopted this
Ordinance and each section, sentence, clause, phrase or a portion thereof, despite the fact that
any one or more section, sentence, clause, phrase or portion would be declared invalid or
unconstitutional.

Section 4. Declaration of Emergency. In accordance with Section 31-16-105,
C.R.S. and Section 1-55 of the Palisade Municipal Code, the Board of Trustees finds and
determines that this Ordinance is immediately necessary for the preservation of public peace,
health or safety to deter speculative requests for land use changes in greater numbers than
necessary. The Board further finds and determines that it is in the best interests of the public
peace, health, or safety to limit zoning and land use change process and approval to only those
few properties required. Therefore, pursuant to Section 31-16-105, C.R.S. and Section 1-55 of
the Palisade Municipal Code, this Ordinance shall be in full force and effect immediately upon
adoption of this Ordinance if approved by an affirmative vote of three-fourths (3/4) of the
members of the Board of Trustees of the Town of Palisade. In the event this Ordinance is
approved, but not by an affirmative three-fourths (3/4) of the member of the Board of
Trustees, this Ordinance shall become effective 30 days following publication as required by
law.
                

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