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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 18, 2010

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided, and Commissioners Donnelly and Gaiter were present. Also present were:  Dave Shirk, Estes Park Planning Department; Samantha Mott, Rob Helmick, and Michael Whitley, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue and Jeanine Haag, County Attorney’s Office; and Angela Myers, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.

 

Chair Johnson explained that Agenda Items 1 and 2 are on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  No requests for discussion were made, and the following items were placed on consent:

 

1. BOYD’S WEST SUBDIVISION LOT 4 EASEMENT VACATION, FILE #10-S2988:  This is a request to vacate a temporary access easement along the south lot line of Lot 4 in the Boyd’s West Subdivision.  The temporary access easement varies in size with some portions identified on the plat as 30 feet in width and other portions identified as 50 feet in width.

 

This application was forwarded to the appropriate departments and agencies for comment, and the responses indicate there are no other issues of concern.  The proposed temporary access easement vacation will not adversely affect any neighboring properties or any county agency.  The Development Services Team finds that the easement vacation request meets the requirements of the Larimer County Land Use Code.  The Development Services Team recommends approval of the Boyd’s West Subdivision Lot 4 Easement Vacation, File # 10-S2988.

 

2. SHELLHAMMER-BORIN MINOR LAND DIVISION, FILE #10-S2989:  This is a request for approval of a Minor Land Division to recognize a single parcel created in 1972 from a previously subdivided lot. 

 

This portion of Lot 25 Redstone Estates subdivision was created shortly after the plat was recorded in 1971.  The file record indicates that the Planning Department had been aware of this situation, but took no action on re-subdividing the lot.  The subject parcel is not made legal until action is taken.  This application, when approved, will create a plat of record and make the parcel legal.  This action does not require the full subdivision process, but does solve a long-standing problem with respect to the site. 

 

The application meets the requirements of the Larimer County Land Use Code and is the minimum action necessary to rectify the long-term issue with this parcel. Although the site is within the bounds of an existing subdivision, it was created with the knowledge of the county, and no action was taken at the time.  Creating a plat of record is necessary to ensure recognition of the parcel without problems in the future. 

 

The Development Services Team recommends approval of the Shellhammer – Borin MLD File #10-S2989, subject to the following condition(s), and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature: 

 

1.   All conditions of approval shall be met and the Final Plat recorded by April 18, 2011, or this approval shall be null and void. 

2.   Prior to the recordation of the Final Plat, the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined above.

 

Motion carried 3-0. 

 

 

3.  ESTES VALLEY DEVELOPMENT CODE – TO ALLOW SMALL WIND TURBINES:  Mr. Shirk explained that this is a request to adopt regulations pertaining to Small Wind Energy Conversion Systems within the Estes Valley planning area.  The proposed amendment follows adoption of regulations for micro-wind approved by the Board of County Commissioners and Town Board in April.  The Estes Valley Development Code currently does not include specific regulations pertaining to small wind turbines.

 

Mr. Shirk described what constitutes “small wind turbines,” their use in the Estes Valley up to this point, and why regulations are needed. He further explained that public comment was extensive during the early hearings; described attendance at the various meetings; explained the results of an online survey; and shared examples of the wide range of comments received.

 

Mr. Shirk stated that, on August 17, 2010, the Estes Valley Planning Commission made three separate votes regarding this issue.  (1) 4 to 3 to remove the proposed Conditional Use Permit review.  (2) 5 to 2 to recommend a 2.5-times tower height setback requirement.  (3) 7 to 0 to recommend a maximum swept area of 85 square feet, modify the swept area definition to include shroud/cowling in addition to moving parts, and correction of a typo (“small-wind” instead of “micro-wind”).  On September 28, 2010, the Estes Park Town Board voted 5 to 1 to approve the amendment being proposed here, as delineated in Exhibit “A.” 

 

Mr. Shirk reviewed the final language for the Board.

 

Chair Johnson asked Ron Norris, Chair of the Estes Valley Planning Commission, to approach the Board and provide the commission’s perspective on the final language being proposed.  After some historical discussion, Mr. Norris expressed his belief that the commission is in agreement with this language.

 

M O T I O N

 

Commissioner Gaiter moved to approve the proposed amendment to Section 5.2 of the Estes Valley Development Code to allow Small Wind Energy Conversion Systems, as delineated in Exhibit “A.”

 

Motion carried 3-0. 

 

 

4.  FREEMAN SPECIAL REVIEW, FILE #10-Z1800:  Chair Johnson asked all present to focus their participation on the land use issue at hand, and stated that this meeting is not the forum for discussing the usefulness of medical marijuana. 

 

Mr. Helmick explained that this is a request for Special Review approval for a medical marijuana dispensary and grow operation. 

 

He further explained that this application for a medical marijuana dispensary and grow operation was presented to the Larimer County Planning Commission at their August meeting.  Although there were a number of individuals present in the audience, the only speakers were the applicants and the land owner.  The majority of the Larimer County Planning Commission members expressed opinions regarding the consistency of the application with the code requirements and review criteria.  One member of the Larimer County Planning Commission abstained from voting on the issue, citing concerns with the standards for review and the level of review necessary for this type of use.  This is one of the applications the Board of County Commissioners allowed to proceed through the process when the ban on this type of use was instituted. 

 

Mr. Helmick stressed that there have been no comments of concern from any citizens or businesses regarding this application.  The Development Service Team and the Larimer County Planning Commission recommend the Board of County Commissioners approve the Freeman Medical Marijuana Special Review.

 

The Planning Commission recommend that the Board of County Commissioners approve the Freeman Medical Marijuana Special Review, File #10-Z1800, for the property described on “Exhibit B,” with the following conditions:

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the FREEMAN MEDICAL MARIJUANA (CHOICE ORGANICS) File # 10-Z1800 except as modified by the conditions of approval or agreement of the county and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the FREEMAN MEDICAL MARIJUANA (CHOICE ORGANICS).  Patient limits are consistent with state license of 0 to 300 patients.

 

3.   Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.   This application is approved without the requirement for a Development Agreement.

 

5.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to county, county may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by county including, but not limited to, reasonable attorney’s fees.

 

6.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval, including access to state records as necessary.

 

7.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

8.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) before the use commences, or within 120 days of the recordation of the Findings and Resolution approving the Special Review, whichever occurs first.

 

9.   The applicant shall install back flow prevention devices in coordination with ELCO prior to beginning the grow operations.  Applicant shall provide written confirmation of the approved installation prior to commencing operation. 

 

10. The applicant shall execute an Agreement to Annex to the City of Fort Collins within 90 days of approval by the Board of County Commissioners.

 

11. Satisfy any emergency egress requirements without allowing access through any secure or grow areas.

 

Commissioner Gaiter asked about the surrounding businesses, and Mr. Helmick provided an overview of the other businesses in the area and in other parts of the building.  Chair Johnson asked about the state application, which allows for up to 300 patients.  Discussion ensued regarding the number of patients Larimer County will allow this site to serve, access and associated traffic patterns, and how limits would be enforced.   It was suggested that Conditions 2 and 6 above be modified as noted in bold.

 

Chair Johnson invited the applicant to comment.  Lauren Davis, attorney for the applicant, approached the Board and commented on the applicant’s operations thus far and the professional way they have handled themselves overall.  She further commented on the topic of patient counts, explaining state regulations and urging the Board to keep the allowable patient count consistent with the state application (0 to 300 patients).

 

Seth Gustin of Choice Organics, Inc. approached the Board.  He reviewed the history of this project and the application process his company has gone through thus far.  Chair Johnson asked whether the company plans to sell infused organics as well.  Mr. Gustin indicated that they do intend to sell infused organics purchased from others, and discussion ensued regarding state regulations and the fact that this location will not produce infused organics. Chair Johnson asked about security for this facility, and discussion ensued regarding state regulations in this regard.

 

Commissioner Gaiter asked Mr. Gustin to walk through the flow pattern within the building.  Discussion ensued regarding these details, confidentiality concerns, and the building permit processed.  Commissioner Gaiter expressed concern about fire exits for customers, considering that they should not be allowed to exit through the grow area.  Discussion ensued on this topic.  It was suggested that Condition 11, bolded above, be added.

 

Commissioner Gaiter expressed concern about the county’s enforcement options with respect to this application.  Discussion ensued regarding the state’s enforcement and Mr. Ressue explained the county’s ability to seek an injunction to stop operations while any enforcement issues are resolved.

 

Chair Johnson opened the meeting to public comment, and Robert Weisser, owner of the subject property, approached the Board.  Mr. Weisser praised the applicants’ conduct thus far and expressed his confidence that they will continue operating in such a manner in the future.  Mr. Weisser further stated that he does not see any problem with making any modifications to the building that may be required by the fire authority for fire exits.

 

Seeing no further interest from the audience, Chair Johnson closed public comment.  Discussion ensued regarding modifications to the conditions of approval, the professionalism of the applicants and the thorough application packet, compatibility and the fact that there have been no adverse comments from neighboring businesses or others, and the number of patients the facility will service. There was additional discussion about the impact of increased traffic and how the applicants’ share of the associated costs will be determined.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Freeman Medical Marijuana Special Review, File #10-Z1800, subject to the modified condition(s) 1 through 11 as outlined above.

 

Motion carried 3-0. 

 

 

5.  BURR SPECIAL REVIEW, FILE #10-Z1779:  Mr. Whitley explained that this is a request for approval of a Medical Marijuana Grow Operation & Dispensary in the I – Industrial Zoning District. 

 

He further explained that this item was on the discussion agenda for the August 18, 2010, Planning Commission public hearing.  At the hearing, Staff presented the Development Services Team report recommending approval of the proposed Special Review.  The Planning Commission listened to testimony from the applicant and one member of the public regarding the application.  The public testimony was from an adjacent property owner who stated that he had concerns about parking, and his commercial tenant had concerns with the proposed use.  A summary of the public testimony and subsequent discussion can be found in the Planning Commission minutes.  After taking testimony the Planning Commission deliberated and voted 8 to 0, with one abstention, to recommend approval of the Burr Special Review.

 

Mr. Whitley provided an overview of the building, location, surrounding businesses and zoning.  He went on to explain that the applicant is applying for a state license to allow 0 to 300 patients, and he outlined the applicant’s intended business model, including the intended business hours, security, plans to increase paved parking at the building by nine spaces, and plans for a delivery service.  Discussion ensued regarding the location of a health center in the area; the fact that the child care license for that business, which is outside the 1000-foot limit, has lapsed; and the general land code requirements associated with this type of business and its proximity to schools, child care, etc.  Mr. Whitley explained that the subject property meets the separation requirements of the land use code.  Discussion ensued regarding various other businesses in the area.  Discussion continued regarding how the City of Fort Collins might view this business and the fact that a delivery service would require licensing by the city.

 

Mr. Whitley explained that the Planning Commission and the Development Services Team recommend that the Board of County Commissioners approve the Burr Special Review, File #10-Z1779, subject to the following conditions:

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Burr Special Review File # 10-Z1779 except as modified by the conditions of approval or agreement of the county and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Burr Special Review.

 

3.   Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.   This application is approved without the requirement for a Development Agreement.

 

5.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to county, county may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by county including, but not limited to, reasonable attorney’s fees.

 

6.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

7.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

8.   The applicant shall obtain all necessary building and/or change of occupancy permits and shall comply with the applicable Building and Fire Code requirements which may vary depending on the type and quantities of chemicals used and stored within the building.

 

9.   The applicant shall provide a letter from ELCO indicating the installation of a back flow prevention device has been completed.  

 

10. The property owner shall sign an Annexation Agreement to the City of Fort Collins within 60 days from the date of approval.

 

Chair Johnson invited the applicant to make presentation to the Board.  Jerry Eschbaugh approached the Board, thanked all involved in this application process and explained that, while there was some opposition to this business in this location, 75 letters were  sent out, with only two responses in opposition.  The concerns expressed were regarding property values and security.  Mr. Eschbaugh explained his plans for additional exterior lighting and general security, as well as his modification of the hours of operation.

 

Chair Johnson asked for information regarding the floor plan and how the business will be laid out.  Mr. Eschbaugh shared his preliminary drawing, explaining how general business operations would flow.  Discussion ensued regarding the particulars.

 

Chair Johnson opened the meeting to public comment.  Mike Verde, owner of the property directly across the street from the subject property, approached the Board and commented on the contrast between the two applications begin presented to the Board at this meeting, specifically with respect to site planning, consideration of parking and traffic, and compatibility with neighboring businesses.  He stated that this location has very few retail businesses and there is concern about property values being adversely impacted by such a business moving into the area.  He further expressed his concern about increased crime in an area that is already susceptible, and the lack of adequate parking.  Although the applicant has indicated that he will increase paved parking by nine spaces, Mr. Verde is not confident that the applicant really knows how much parking will be needed, especially given the 0 to 300 patient limit.  Discussion ensued regarding Mr. Verde’s concerns and the types of businesses in the area.

 

Jathan Trevena, of Roller Land Skate Center, approached the Board and stated that he concurs with the concerns expressed by Mr. Verde.  He stated that this location differs from the previous applicants’ in that there are some residential neighborhoods in the area, and he expressed his concern that this is already a high-risk area.  Discussion ensued regarding issues in the area, the definition of a “neighborhood,” and the location of churches and other specific businesses in the area.

 

Mr. Eschbaugh again addressed the Board, and explained that he respected those who expressed their concerns but did not think there will be such issues associated with this business in this location.  He commented on the low incidence of crime around such businesses in Colorado Springs and Denver, and his belief that empty buildings, which are an issue in this area, encourage more crime and decrease property values.  Discussion ensued regarding intended employee counts, and the size of the subject lot compared to the size of the structure on the lot, and the fact that no edibles will be sold at this location.  Commissioner Gaiter asked if there were any adjacent property owners in attendance who were in favor of this facility in this location.  None were noted.

 

Seeing no further interest, Chair Johnson closed public comment.

 

Discussion ensued regarding compatibility and the opposition expressed by nearby property owners, the Board’s desire to “set the bar high” for these types of businesses in Larimer County, vandalism already present in the area, and the lack of track record evidence to ensure property values will not be adversely affected by such a business.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Burr Special Review, File #10-Z1779.

 

Motion carried 3-0. 

 

The meeting adjourned at 6:25 p.m.

 

 

TUESDAY, OCTOBER 19, 2010

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided, and Commissioners Gaiter and Donnelly were present. Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Linda Hoffman, Planning Department; Andy Paratore, and Michael Kirk, Facilities and Information Technology Department; Lorenda Volker, Human Resources Department; and Gael Cookman, Deputy Clerk. 

 

1.   PUBLIC COMMENT:    Ken Ecton and Shelby Majors addressed the Board with complaints regarding the Preserve at Bingham Hill.  Both stated that the owner continually violates his permit by advertising to attract capacity that exceeds the established limits for his venue.  The Board presented the information and materials to the Planning Director for follow up. 

 

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 11, 2010:     Approval of the minutes was postponed until October 26, 2010.

 

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 25, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

 

 

4.     CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

PETITIONS FOR ABATEMENT:   As recommended by the County Assessor, the following Petitions for Abatement are approved and/or partially approved:   Lisa and Raymond Spencer; Leslie Jones; Scott Hoyer; John Megan and Louise Racine; William Bregach; Telesto Solutions, Inc.; Diana and Steven Morrow; Milestone Canyon Professional Ctr Assn; Stone Creek Apartments Colorado, LLC.

 

10192010A001           AMENDMENT 3 TO COMMUNITY SERVICES BLOCK GRANT AGREEMENT CLIN/CMS #13232; ENCUMBRANCE #L10CSBG27 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF LOCAL AFFAIRS

 

10192010A002           QUALIFIED SERVICE ORGANIZATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY COMMUNITY CORRECTIONS AND SIGNAL BEHAVIORAL HELATH NETWORK

 

10192010R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT 1 OF THE BRUNELLE EXEMPTION, PARCEL B OF THE PALMER EXEMPTION, AND LOT 19 OF THE PHEASANT RUN SUBDIVISION

 

10192010R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 10, FERNBROOK MEADOWS SUBDIVISION AND WOLAVER BOUNDARY LINE ADJUSTMENT

 

10192010R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 28 AND 29 OF CRYSTAL LAKES SUBDIVISION 3RD FILING AND UTILITY EASEMENT VACATION

 

10192010R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 50 AND 51 OF CRYSTAL LAKES SUBDIVISION 7TH FILING AND UTILITY EASEMENT VACATION

  

10192010R005           FINDINGS AND RESOLUTION APPROVING THE BOXELDER SANITATION DISTRICT FLOOD PLAIN SPECIAL REVIEW

 

10192010R006           FINDINGS AND RESOLUTION CLARIFYING BOXBERGER ZONING DESIGNATION

 

10192010R007           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 6, 7, 27, AND 47 IN BLOCK 7 OF GLEN HAVEN SUBDIVISION

 

10192010R008           FINDINGS AND RESOLUTION APPROVING THE ASPEN BROOK CONDITIONAL REZONING

 

10192010R009           FINDINGS AND RESOLUTION APPROVING THE CRONE LOT SIZE APPEAL LOT WIDTH-TO-DEPTH RATIO APPEAL

 

MISCELLANEOUS:   Grant application for State Judicial Courthouse Security Grant; Annual Performance Evaluation Report of County Manager; Order and Assessment for Inclusion of Unpaid and Delinquent Stormwater Fees and Charges owed to Boxelder Stormwater Authority.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Hilltop General Store – Retail Liquor Store – Red Feather Lakes; American Legion Post George Beach #4 – Club Liquor License – Fort Collins; Westlake Liquor – Retail Liquor Store - Red Feather Lakes; Colorado Feed & Grain Inc. – Change of Corporate Structure – Fort Collins.

 

Motion carried 3-0.

 

5.   REQUEST FOR AN ADDITIONAL 0.2 FTE FOR THE POSITION OF FACILITIES PLANNING AND REAL ESTATE GROUP MANAGER:   Mr. Kirk requested approval to add 0.2 Full Time Employee (FTE) for the position of Facilities, Planning and Real Estate Group Manager.  He explained that this position had been a 40-hour a week FTE; however, it was downgraded to a .80 FTE due to the needs of the person who previously held the position.  Mr. Kirk stated that the position has been vacant since April 2010, and efforts to fill the position with a qualified applicant have been hindered due to the fact that it is not a 40-hour a week position. 

Much discussion ensued regarding the current hiring freeze, the actual need for this position, and whether or not the work could be contracted out versus hiring another FTE for the Facilities Department.  The Board asked Mr. Kirk to look at all options and bring back some figures for the Board to consider at the October 26, 2010, Administrative Matters meeting.   

 

6.  ASSISTANT COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

7.   COMMISSIONER ACTIVITY REPORTS:   The Board discussed their activities at events during the past week.

 

8.  LEGAL MATTERS:   There were no legal matters to discuss.

 

The meeting adjourned at 10:25 a.m.

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Angela Myers, Deputy County Clerk

 

 

 ______________________________________

Gael M. Cookman, Deputy County Clerk

 


 

 

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