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           Request for a Ballot Question - November 8, 2022 General Election

 "Buffer Zone" Distance of 2,640 feet (1/2 mile) Between Boundaries of Residential
    and Vacant Parcels in Residential Neighborhoods and Future Commercial
    Recreational and/or Medical Marijuana Cultivation, Product Manufacturing,
                 or Research and Development Facility Structures
          to be used for any aspect of the Commercial Marijuana Industry

1) WHEREAS, a revision to Marijuana Ordinance 2019-001 proposed by the Board of County
Commissioners (BOCC) to require a "buffer zone" of only 1,000 feet between residential parcel
structures and future commercial recreational and or medical marijuana cultivation, product
manufacturing, or Research and Development {R&D) facility structures to be used for any aspect
of the commercial marijuana industry is insufficient to electors residing in unincorporated Ouray
County;

2) WHEREAS, following the installation of the Cannabuster odor mitigation system at the
commercial recreational marijuana cultivation facility located at 255 Melody Lane, complaints of
odor continue to be reported by residents whose parcel boundaries are located further than 1,000
feet from the facility, one approximately 1,300 feet, with a residential structure 1,580 feet away;

3) WHEREAS, perhaps no complaints of odor have been reported to the Land Use & Planning
Department Staff from neighbors on residential parcels near the other three active commercial
recreational and or medical marijuana cultivation facilities in unincorporated Ouray County
because parcel boundaries are greater than 1,000 feet in distance away and the residential density
is considerably less;

4) WHEREAS, published literature: "Will Legal Marijuana Give Home Prices a New High?" states
"Colorado homes within a half-mile of a marijuana business often have lower property value than
homes in the same county that are farther out." "Neighborhoods with grow houses are the least
desirable, with an 8.4% price discount." https://www.realtor.com/news/trends/lega1izing-marijuana-
gets-housing-prices-high/ ;

5) WHEREAS, a "buffer zone" of 2,640 feet (1/2 mile) between boundaries of residential or vacant
parcels in residential neighborhoods and future commercial and/or medical marijuana
cultivation, product manufacturing, R&D facilities or any aspect of the commercial
marijuana industry, (henceforth referred to as any aspect of the commercial marijuana
industry) may eliminate any property parcel value assessment protest;

Presented to the Ouray BOCC during the "Call to the Public" segment of the BOCC Meeting held on April 26, 2022 by
Log Hill Neighborhood Action LLC, represented by Eric Havelick. Please include this document in the Agenda Packet
and Minutes of the April 26, 2022 BOCC Meeting. (V 12)

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6) WHEREAS, owners of one residential parcel currently for sale and adjacent to a parcel under
consideration for permits or licenses to operate two commercial recreational and/or medical
marijuana cultivation facilities have had potential buyers state interest only if the applications for
said permits or licenses are denied;

7) WHEREAS, vacant parcels in a residential neighborhood with the intention or potential of a
residential structure to be built in the future should also be protected;

8) WHEREAS, a "buffer zone" of 2,640 feet (1/2 mile) between boundaries of residential or vacant
parcels in residential neighborhoods and "any aspect of the commercial marijuana industry" would
decrease or eliminate complaints of odor, noise from industrial fans, or other nuisances which now
require substantiation by Land Use & Planning or the Sheriff's Office staff;

9) WHEREAS, neither the Land Use & Planning Department nor Sheriff's Office have the
personnel, necessary equipment, or other resources to respond to, investigate, or substantiate
complaints in a timely manner;

10) WHEREAS, electors in unincorporated Ouray County have not had the opportunity to vote in a
free and fair democratic election on whether or not to permit or license "any aspect of the
commercial marijuana industry" to be located in unincorporated Ouray County;

11) WHEREAS, the BOCC December 2014 decision "permitting cultivation facilities, marijuana
product manufacturing facilities, medical marijuana facilities and retail marijuana stores" in
unincorporated Ouray County was based upon input from five residents who represented an
aspect of the commercial marijuana industry, and members of the Town Council of the Town of
Ridgway;

12) WHEREAS, since 2014, those five residents have all ceased involvement in the commercial
marijuana industry and or moved from Ouray County. Additionally, the Town Council of the Town
of Ridgway has permitted or licensed retail marijuana stores, but denied all other aspects of the
commercial marijuana industry a permit/license to operate in the commercial zone within the Town
boundaries;

13) WHEREAS, since 2014, the electors in the City of Ouray voted to deny all aspects of the
commercial marijuana industry a permit or license to operate in the commercial zone within the city
boundaries;

14) WHEREAS, the Colorado Constitution ARTICLE XVIII, Section 16 (also known as Amendment
64) states " ... a locality 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 or through an initiated or referred measure ... " and therefore, the
Colorado Constitution overrides any local "Right to Farm" or "use by right" claim.

Presented to the Ouray BOCC during the " Call to the Public" segment of the BOCC Meeting held on April 26, 2022 by
Log Hill Neighborhood Action LLC, represented by Eric Havelick. Please include this document in the Agenda Packet
and Minutes of the April 26, 2022 BOCC Meeting. (V 12)

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    CONCERNED ELECTORS, AND OWNERS OF RESIDENTIAL or VACANT PARCELS IN
       RESIDENTIAL NEIGHBORHOODS IN UNINCORPORATED OURAY COUNTY,

NOW REQUEST" ... THE MORATORIUM ON LAND USE DEPARTMENT'S ACCEPTANCE OF
APPLICATIONS FOR PERMITS TO OPERATE MARIJUANA FACILITIES IN
UNINCORPORATED OURAY COUNTY," as documented in RESOLUTION No. 2022-012 to be
continued six months from April 5, 2022 or until the revisions to Marijuana Ordinance 2019-001 are
completed INSTEAD be continued until after the November 8, 2022 General Election to be held in
Ouray County.

Electors in unincorporated Ouray County have the right to vote in a free and fair democratic
election on the "buffer zone" distance between boundaries of residential or vacant parcels
in residential neighborhoods and future commercial recreational and/or medical marijuana
cultivation, product manufacturing, or Research & Development facility structures to be
used for any aspect of the commercial marijuana industry.

                                            BALLOT QUESTION

In order to prevent odor, noise, or other nuisance complaints, as well as devaluation of
residential or vacant parcels in residential neighborhoods in unincorporated Ouray County,
SHOULD Ouray County Marijuana Ordinance 2019-001, when revised, include a permanent,
prescribed "BUFFER ZONE" of 2,640 feet (1/2 mile) between boundaries of residential or
vacant parcels in residential neighborhoods and future commercial recreational and/or
medical marijuana cultivation, product manufacturing, or Research & Development facility
structures to be used for any aspect of the commercial marijuana industry?

_ _ YES, the revision of Ouray County Marijuana Ordinance 2019-001 SHOULD INCLUDE a
permanent, prescribed "BUFFER ZONE" of 2,640 feet (1/2 mile) between boundaries of residential
or vacant parcels in residential neighborhoods in unincorporated Ouray County and future
commercial recreational and/or medical marijuana cultivation, product manufacturing, or Research
& Development facility structures to be used for any aspect of the commercial marijuana industry.

_ _ NO, the revision of Ouray County Marijuana Ordinance 2019-001 SHOULD NOT INCLUDE a
"BUFFER ZONE" distance greater than 1,000 feet as proposed by the County Commissioners
between existing residential structures in unincorporated Ouray County and future commercial
recreational and/or medical marijuana cultivation, product manufacturing, or Research &
Development facility structures to be used for any aspect of the commercial marijuana industry.

Presented to the Ouray BOCC during the "Call to the Public" segment of the BOCC Meeting held on April 26, 2022 by
Log Hill Neighborhood Action LLC, represented by Eric Havelick. Please include this document in the Agenda Packet
and Minutes of the April 26, 2022 BOCC Meeting. (V 12)

PUBLIC COMMENT

Hey Hannah,

Can you please include the attached PDF as public comment for both agenda items for the 6-8-2022 meeting and work
session.

--
Matt Rocco

All Ways Farms
Public Comment 6/8/2022

The technology to cultivate cannabis invisibly exists, and it’s in my indoor grow facility at 382
Sugar Bush Lane.

Given the repeated discussion every single work session on odor, setbacks, and the recent
ballot initiative from the Log Hill Action Committee, we’d like to voice our concerns and present
our proven odor mitigation strategy, designed with aid from our consultant Bruce Granger and
Granger Cannabis Consulting LLC.

The board cannot allow the ballot initiative to proceed because the ballot presents false
information, is biasedly presented in a way to lure the voter into voting towards the Log Hill
Neighborhood Action’s desired result, and fails to present all evidence for the voter to make an
informed decision.

The ballot claims that marijuana cultivation will create such a nuisance via odor, noise, etc that a
½ mile radius is necessary. That is simply not true. If an operation were to follow the mitigation
plan presented, they would operate invisibly and bring a positive impact to the community.

It was demonstrated by Commissioner Pagdett’s informative GIS map during a recent BOCC
work session that a ½ mile buffer will essentially eliminate cultivation from the county. The
presented ballot fails to highlight the positive tax benefit that marijuana cultivation brings Ouray
County via its excise tax that goes towards roads and emergency services. If marijuana grows
are outlawed, where will that tax money come from?

Our odor mitigation strategy has been proven during our indoor hemp grows. We cultivated the
female hemp plant to harvest the CBD rich hemp flower. Hemp flower and marijuana flower are
identical in their strong odor and appearance. It’s been incorrectly claimed in public comment
that marijuana has a much stronger odor than hemp. Here’s a picture of a hemp flower we grew
next to marijuana purchased at a local dispensary. Can you tell which is which?

All Ways Farms Odor Mitigation Plan
All Ways Farms achieves 100% odor mitigation by growing truly indoors in a laboratory-like
hermetically sealed clean rooms, within a hermetically sealed enclosure, within a building with
an Ante / Decontamination room. We strive to minimize our trips in and out of the grow room by
utilizing remote monitoring technology. Our perpetual harvest scheduling strategically minimizes
the amount of flowering plants at any time and reduces labor requirements. Additionally, our
methodology doesn’t rely on an external system control odor and there is no risk of
malfunctioning. The odor will always be contained.

Our odor mitigation plan is designed to set the grower up for success. Growers don’t need to
spend tens of thousands on a system that’s only function is to mitigate odor. Every aspect of our
odor mitigation plan has another beneficiary purpose besides odor mitigation and is a useful
investment for the business.

Sealed Clean Room
We grow inside rooms constructed of 4-inch thick insulated panels (walk in coolers or
https://www.dpspanels.com/), completely sealed with spray-foam insulation and smoke-tested to
ensure there are no leaks. This completely sealed environment is equipped with precise
humidity, temperature, and c02 control and allows us to give the plants a better, consistent,
environment than mother nature and prevents any odor from escaping.

Sealed Enclosure
All sealed grow rooms are inside another sealed enclosure. This enclosure has a 1-inch spray
foam insulation applied around to prevent pest intrusion and odor leakage. The only way into
this enclosure is to enter the building through the Ante Room, shower / change into the lab gear,
and enter the clean environment. For odor to escape, the grow room door would need to be
open, the enclosure entrance open, and the ante room doors open.

Odor is not escaping these two sealed environments. Some public comments have been made
claiming that growers may have leaky buildings or enclosures. There’s another immensely huge
benefit to having properly sealed environments: pest prevention. An improperly sealed grow
room will run amuck with aphids and spider mites. We smoke test each sealed room to ensure
there are no leaks.

Technology Aided Grow Room
In order to maintain a clean room environment we want to reduce the number of trips in and out
of the grow rooms as much as possible while plants are growing. These brief moments when
the door is open are the only chance odor might have to escape the sealed clean into the
sealed building.

We utilize remote monitoring and automation software in our Aessence Aetrium Aeroponic
System and our sensor loaded Agnetix liquid cooled LED lights to completely automate the
growing of the plants and dosing of their nutrient solutions and receive mobile alerts if anything
needs to be addressed. Not only does this greatly reduce the amount of labor required to
cultivate these plants, but our technology greatly reduces the number of trips into the grow room
helping us contain our odor in the grow room.

Pests aren’t getting in and odor isn’t getting out.

Aessense Grows Guardian Grow Manager Software

                                    Agnetix Sensor Dashboard

Ante Room
In order to enter the facility, one must enter through an “Ante Room” where they change their
shoes and remove their outerwear before entering the building. Once in the building, in order to
get to the grow enclosure, one must enter through the bathroom to cleanse and decontaminate.
A similar process is repeated to leave.

There is no chance of odor lingering on an individual as they leave the facility.

Perpetual Harvest Grow Scheduling
Instead of having one massive canopy and a few large harvests a year, we implement what’s
known as a perpetual harvest schedule.

Typically one will grow their plants from cuttings to small plants ready to flower in a small
“vegative” room then move the plants into a flower room when ready.

Instead of flowering out of one large 1,200 square foot room, we’d recommend to flower out of
three 400 square foot rooms each scheduled a month apart.

For example with one veg room and three flower rooms:
   - Week 1 - Start grow in veg room
   - Week 4 - Move Veg Room to Flower 1, Replant Veg Room
   - Week 8 - Move Veg Room to Flower 2, Replant Veg Room
   - Week 12 - Move Veg Room to Flower 3, Replant Veg Room, Harvest Flower 1
   - Week 16 - Move Veg to Flower 1, Replant Veg, Harvest Flower 3,

With this schedule, you’ll be doing one small harvest each month instead of one large harvest
every three months. This scheduling strategy helps mitigate odor since you’ll greatly reduce the
maximum number of flowering plants you’ll have at any one time.

Additionally, this strategy creates less labor stress during harvest time and eliminates the need
for a large influx of seasonal workers during harvests.

Setback
With our proven strategy odor will be undetectable outside of the building and any setback is
unnecessary. Our grow facility is 450 feet from the nearest property boundary. No odor will
escape our facility, and even if it could it is far enough away from the property boundary that no
odor will be detectable from the property line.

From: Daniel Wagner
Sent: Monday, June 6, 2022 3:40 PM
To: lpadgett@ouraycountyco.gov; btisdel@ouraycountyco.gov; jniece@ouraycountyco.gov
Subject: Public Comment

Hello there Ouray County Commissioners and the fine people of Ouray County.

I would like to have this posted for public comment for the upcoming meeting for the 8th of June 2022. I couldn't find the
link to upload it so I went ahead and sent it to the commission.

It appears the next meeting is going to have some people who have a very negative connotation about Cannabis,
specifically about the odor.
This post is mainly for those folks...

As much as consumer/recreational cannabis has its place and should be as embraced as any other stimulant on the
market i.e.. Alcohol Tobacco etc., This documentary Weed the People that I have linked below gets to the real heart of
the matter when it comes to what Cannabis is all about.

Of coarse we must have the consumer/recreational side of the business in order for companies to make enough capital to
ultimately pursue the goal of really tapping into the healing capabilities of this natural healing plant.
Yes, it does have an odor,,, and some are turned off by that... I think of it this way, with dairy and cattle farms, we put up
with certain smells because we see the value in dairy and beef products. But lets face it, if you compare the two smells
with cannabis, you would be hard pressed to justify that a dairy farm for instance, smells' better than a cannabis farm.

Having said that.....
I don't expect everyone to embrace cannabis as we have dairy and beef, although I have witnessed people who were
vehemently apposed to cannabis, soften their heart towards the plant after watching the documentary named "Weed the
People"
I posted a link below to a 10 minute segment on the documentary and I would hope that some of you who are strongly
opposed cannabis take an hour and watch it, and the beautiful things it's doing for terminally ill "children" with stage four
cancer.

I truly hope this will soften some hearts and open some minds to the value of cannabis, and what it can do for the future
of humanity. Maybe then, the odor of a cannabis farm will have a different connotation to you than it has in the past and
we can have harmony in the county when it comes to farming cannabis
.
You can find the documentary on Netflix. or YouTube, for a couple dollars, or on the website: https://
www.weedthepeoplemovie.com/

Here is the link to the ten minute clip on the documentary: https://www.youtube.com/watch?v=K_GyzNoLeqg

All the best!

Danny
--
HARVESTWORX
Daniel Davidson Wagner
Founder/CEO

www.harvestworx.com

From: Jessica Myer
Sent: Tuesday, June 7, 2022 11:56 AM
To: lpadgett@ouraycountyco.gov; jniece@ouraycountyco.gov; btisdel@ouraycountyco.gov;
hhollenbeck@ouraycountyco.gov
Subject: June 8 ballet measure work session comment

Hannah,
Please include this in the public comment.
Thank You.

Commissioners,

    I am unable to attend the June 8, 2022 work session. However my families lifestyle is still impacted by our
properties proximity to the marijuana cultivation facility. I feel strongly that had there been previously
implemented a buffer zone of 1/2 mile, our children would be able to ride their bikes on our dead-end Lane &
walk to the bus stop without regular unrecognizable vehicles & busy traffic of those who don't even live locally.
We have even had families object to their children coming over to play due to the nature of the business which
is in clear view of not only our yard but our living room. With every effort of odor mitigation we still continue
to regularly smell the odor & expirience the noise of the fans. I would not have needed to spend countless hours
at county meetings attempting to address these issues if an appropriate buffer zone had already been in place.
We purchased our property on 2012, long before their business was there & have now been trying to fight to
regain the peaceful atmosphere that we expected to enjoy when we purchased our property. Please create a 1/2
mile buffer zone in the revision of the ordinance or allow the ballot so that citizens can consider it.

Thank you,
Mike & Jessica Myer

Sent from my Verizon, Samsung Galaxy smartphone