HomeMy Public PortalAboutResolution 2012-09-01 Approving the Application of Serene Wellness Fraser LLC for a Medical Marijuana Center LicenseTOWN OF FRASER
RESOLUTION NO. 2012-09-01
A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL
MEDICAL MARIJUANA LICENSING AUTHORITY FOR THE TOWN OF FRASER,
APPROVING THE APPLICATION OF SERENE WELLNESS FRASER LLC, FOR A
MEDICAL MARIJUANA CENTER LICENSE FOR THE PREMISES AT 255 MILL
AVENUE, FRASER, COLORADO.
WHEREAS, Serene Wellness Fraser LLC (the "Applicant filed an application
with the Town of Fraser for a medical marijuana center license for the premises located
at 255 Mill Avenue, Fraser, Colorado; and
WHEREAS, a public hearing on said application was held on September 5, 2012,
following due and proper notice, in accordance with the Colorado Medical Marijuana Code,
C.R.S. 12- 43.3 -101 et seq, and the provisions of Chapter 6, Article 5 of the Fraser Municipal
Code; and
WHEREAS, the Board of Trustees, as the local medical marijuana licensing
authority, has carefully considered said application and the evidence presented at the
hearing, and hereby enters the following decision regarding the application.
THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS:
1. There has not been a denial of an application by either the state or the local
licensing authority for the same class of medical marijuana license at the same
location or a location within 1,000 feet of the location for which this application is
made within the two (2) year period preceding the date of the application due to
the nature of the use or other concern related to the location.
2. The Applicant has submitted evidence that it is or will be entitled to possession of
the premises where the license is proposed to be exercised.
3. The premises are properly zoned for the activity which will occur therein, and the
premises is not located within any distance restrictions for separation of licensed
premises from any school, existing licensed day care facility, or existing licensed
Medical Marijuana Business, as established in the Fraser Municipal Code.
4. The Applicant has demonstrated by a preponderance of the evidence that all other
applicable requirements of the Colorado Medical Marijuana Code and the Fraser
Municipal Code for the issuance of a medical marijuana center license have been
satisfied or will be satisfied when such license is issued.
BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, AS THE LOCAL
LICENSING AUTHORITY, HEREBY ORDERS that the application of Serene Wellness
Fraser LLC, for a medical marijuana center license for the premises located at 255 Mill
Avenue, Fraser, Colorado, is hereby APPROVED, subject to the following conditions, which
must be satisfied by the Applicant within six (6) months from the date hereof or said
approval shall lapse:
a. Compliance with all applicable state requirements and receipt by the Town Clerk of
approval from the Colorado Department of Revenue Medical Marijuana Enforcement
Division for issuance of the license;
b. Satisfactory completion of any and all alterations and improvements to the licensed
premises required to comply with the Fraser building and development codes and
state and local medical marijuana regulations; and
c. Payment of all license and other applicable fees.
The following additional conditions shall apply to the licensed operation:
a. There shall be no marijuana growing operations on the premises.
b. There shall be no customer access from the alley adjacent to the premises.
c. The applicant shall install screening along the west boundary of the premises as
approved by town staff.
DULY MOVED, SECONDED, AND ADOPTED THIS 5 DAY OF SEPTEMBER, 2012.
Serene Wellness Fraser LLC
P.O. Box 331
Empire, CO 80438
TOWN OF FRASER BOARD OF TRUSTEES,
ACTING AS THE LOCAL MEDICAL
MARIJUANA LICENSI]IG AUTHORITY
ATT
BY
Pejgy
Mayor
Lti 6eA..
Lu Berger, Town CI rk
CERTIFICATE OF SERVICE
I hereby certify that I served the above and foregoing Resolution and decision of
the Local Licensing Authority upon the Applicant named therein by mailing the same by
certified mail, postage prepaid, this I 1 day oflpk, 2012, addressed as
follows:
I
u erger Town ClerkT
2