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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 18, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Toby Stauffer, Rob Helmick, Samantha Mott and Michael Whitley, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, County Attorney’s Office; and Dana Bouchard and Melissa Lohry, Deputy Clerks.

 

Chair Donnelly opened the meeting with the pledge of allegiance and asked for public comment on the County Budget and Land Use Code.

 

Steve Beitz, expressed his concern regarding his land being an illegal lot when he purchased it without him knowing. He asked the Board if there is a way to notify buyers of illegal lots before they purchase property.

 

Mr. Lafferty explained that sometimes exemptions are not recorded along with deeds, resulting in people purchasing an illegal lot without them knowing. Mr. Lafferty stated that the Planning Department will follow up on this issue to see if there is a way to prevent this from happening in the future.

 

The Board thanked Mr. Beitz for his comments.

 

Chair Donnelly explained that the following items are on the consent agenda and will not be discussed unless requested by a member of the Board, staff, or the audience.

 

John Rider, addressed the Board regarding item number two, “Williams Minor Special Review and Appeal, file #11-Z1835.” He expressed his concerns regarding neighborhood compatibility and the Board decided to remove this item from the consent agenda. 

 

1.         WHITE MINOR SPECIAL REVIEW, FILE #11-Z1845:   This is a request for a minor special review to allow an existing accessory wind generator to be 72-feet tall and have a fall distance of 1.5 times the height instead of the required 40-feet tall and 2 times the height fall distance, as listed in section 4.3.10.O. The prevailing wind in the area comes from the west, if the tower were to fall, it would fall to the east, toward the road, away from structures or other property.

 

Staff recommends approval of the White Minor Special Review, file #11-Z1845, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the White Minor Special Review, file #11-Z1845, 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 White Minor Special Review.

 

2.         This application is approved without the requirement for a development agreement. In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved minor special review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to the applicant to appear and show cause why the minor special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the minor special review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this minor special review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections to the property and reviews of the status of the minor special review as appropriate to monitor and enforce the terms of the minor special review approval.

 

3.    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 minor special review approval.

 

4.    The owner is responsible for obtaining all required building permits for the accessory wind generator. All applicable fees, including permit fees shall apply to this use. 

 

5.    This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

3.         SARATOGA ESTATES 2ND FILING PLANNED LAND DEVELOPMENT/ PLANNED DEVELOPMENT PRELIMINARY PLAT, FILE #10-S3004:  This is a request to approve a preliminary plat for a Planned Land Division (PLD) and Planned Development Zoning (PD) to divide lot 2 of Saratoga Estates Minor Residential Development and an adjacent metes and bounds parcel into two buildable lots, utilizing the underlying FA -Farming Zoning.

 

Staff recommends approval of the Saratoga Estates 2nd Planned Land Division, file #10-S3004, subject to the following conditions:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Saratoga Estates 2nd Preliminary Plat file #10-S3004 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 Saratoga Estates 2nd Preliminary Plat.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R2-J school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community Park Fees (in lieu of dedication), and drainage fees. The fee amount that is current at the time of building permit application shall apply. 

 

3.    Fire Requirements – All new residential structures shall have residential fire sprinkler systems installed unless it can be shown to the satisfaction of the Loveland Rural Fire Protection District that a fire hydrant meeting their requirements, 500GPM, is within 600-feet of the structure. 

 

4.    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level shall not be less than 3-feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.    Passive radon mitigation measures shall be included in the construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.    All construction on Lot 1 shall be located 100-feet from the high water line of Horseshoe Lake, which line shall be dimensioned on this plat.

 

7.    Lot 1 shall be required to connect to the public sewer system.

 

8.    An Annexation agreement shall be required.

 

9.    Any and all access to the lake is subject to the rules and regulations of the lake owners. Boat houses and docks are regulated by the owners of the lake. 

 

10.   Access to both lots shall be shared as depicted on the plat.

 

Staff recommends approval of the rezoning from FA-farming to PD (Planned Development), file #10-S3004, subject to the following conditions:

 

A.        The rezoning shall be effective upon the recordation of the final plat of SARATOGA ESTATES 2ND PRELIMINARY PLAT File # 10-S3004.

 

B.        The permitted uses, lot building and structure requirements, setbacks and structure height limitations for SARATOGA ESTATES 2ND PRELIMINARY PLAT File # 10-S3004 shall be as follows:

 

1.   The Planned Development (PD) zoning for the property shall be as follows

 

PD (Planned Development)

 

1.    Principal uses:

Agricultural

1. Agricultural labor housing (S)

2. Apiary (R)

3. Commercial poultry farm (S)

4. Equestrian operation (PSP/MS/S)—See section 4.3.1

5. Farm (R)

6. Feedyard (S)

7. Fur farm (S)

8. Garden supply center (S)

9. Greenhouse (R)

10. Livestock veterinary clinic/hospital (MS/S)—See section 4.3.1

11. Packing facility (R)

12. Pet animal facility (MS/S)—See section 4.3.1

13. Pet animal veterinary clinic/hospital (MS/S)—See section 4.3.1

14. Sod farm, nursery (R)

15. Tree farm (R)

Residential

16. Group home (R)

17. Group home for the aged (R)

18. Group home for developmentally disabled (R)

19. Group home for the mentally ill (R)

20. Single-family dwelling (R)

21. Storage buildings and garages (R)—See section 4.3.2

Institutional

22. Cemetery (S)

23. Child/elderly care center (S)

24. Church (MS/S)—See section 4.3.4

25. Community hall (MS/S)—See section 4.3.4

26. Hospital (S)

27. School, nonpublic (S)

28. State-licensed group home (S)

Recreational

29. Country club (S)

30. Golf course (S)

Accommodation

31. Bed and breakfast (MS/S)—See section 4.3.6

32. Seasonal camp (S)

Industrial

33. Mining (S)

34. Oil and gas drilling and production (R)

35. Small wind energy facility (MS)

Utilities

36. Commercial mobile radio service (SP/S)—See section 16

37. Radio and television transmitters (S)

 

2.  Lot, building and structure requirements:

a.         Minimum lot size:  100,000-square-feet (2.3-acres) if a well or septic system is used.  21,780-square-feet (0.5-acre) if both public water and sewer are used.

b.         Maximum density in a conservation development is calculated by dividing the total developable area by the required minimum lot size. Maximum density in a rural land plan is determined by subsection 5.8.6.A. Lots in a conservation development or rural land plan that use a well or an individual septic system must contain at least two acres (87,120 square feet). Lots in a conservation development or rural land plan connected to public water and either a public sewer or community sewer system are not required to meet minimum lot size requirements (except for the purpose of calculating density).

c.         Minimum required setbacks: (If more than one setback applies, the greater setback is required.)

1.         Street and road setback (Refer to section 4.9.1 setbacks from highways, county roads, and all other streets and roads.) The setback from a street or road must be 25-feet from the lot line, nearest edge of the road easement, nearest edge of right-of-way, or nearest edge of traveled way, whichever is greater.

2.         Side yards—Five feet.

3.         Rear yards—Ten feet.

4.         Refer to section 4.9.2 for additional setback requirements (including but not limited to streams, creeks and rivers).

d.         Maximum structure height—40-feet.

e.         No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.

 

Note:

a.    Uses followed by an (R) are allowed by right.

b.    Uses followed by an (SP) require approval through the site plan review process described in section 6.1.

c.    Uses followed by a (PSP) require approval through the public site plan review process described in section 6.2.

d.    Uses followed by an (MS) require approval through the minor special review process.

e.    Uses followed by an (S) require approval through the special review process described in section 4.5.

f.    Uses followed by a combination of (R/SP/PSP/MS/S) may be allowed by right or require approval based on thresholds in section 4.3 (use descriptions).

 

4.         WILSON CONSERVATION DEVELOPMENT PRELIMINARY PLAT, FILE #10-S3010:  This is a request for approval of a preliminary plat for a 6 lot Conservation Development on 79.12-acres, creating six residential lots and a residual lot of 57.6-acres with a residential building envelope. Also, an appeal to section 8.14.1.P of the Land Use Code regarding the maximum length of a dead-end access.

 

This item was on the consent agenda for the Planning Commission Public Hearing on March 16, 2011. Staff provided brief background information to the Planning Commission regarding the Conservation Development and appeal and the appropriate motions for approval. There was no discussion among the Planning Commissioners and no questions of staff or the applicant.

 

Staff recommends approval of the preliminary plat and appeal to section 8.14.1.P of the Land Use Code, subject to the following conditions:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Wilson Conservation Development, file #10-S3010, 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 Wilson Conservation Development.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional and Community Park Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the time of building permit application shall apply. 

 

3.    All new homes within the Conservation Development must install residential sprinkler systems to meet or exceed NFPA13D.  In addition to the sprinkler system the builder must provide a horn and strobe to the front of the house to show a water flow.

 

4.    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.    Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.    The keeping and/or boarding of horses on Lots 2, 3, 4, 5 and 6 shall be limited to one horse per acre.  The Developer shall also include this provision in the covenants for the Wilson Conservation Development.

 

7.    The applicant shall modify the plat to reflect the following changes:

 

·   modify the location of the building envelope on the residual lot to maintain a 25-foot setback between the building envelope and Lot 1.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

2.         WILLIAMS MINOR SPECIAL REVIEW AND APPEAL, FILE #11-Z1835:  This is a request to approve a minor special review for a detached accessory living area and an appeal to Section 4.3.10.H.2.c of the Larimer County Land Use Code allowing the unit to be 600-square feet where only 557-feet is allowed.

 

The property contains a 1,392-square-foot single family dwelling and a large garage/equipment building, approximately 3,680-square-feet in size according to the Larimer County Assessor’s Office. In June of 2010, Code Compliance discovered that an accessory living area was constructed within the existing garage/workshop without first obtaining a building permit for the conversion. The applicants are now seeking Minor Special Review approval to make the existing detached accessory living area legal. The applicants are appealing to Section 4.3.10.H.2.c of the land use code, which limits the size of a detached accessory living area to 800-square-feet or 40-percent of the square footage inside the single family dwelling, whichever is less.  If the appeal is granted, the living area would be allowed to remain at its current size of 600-square-feet.   

 

The accessory living area has already been built within the equipment building but it is not being used for habitable space at this time. If this request is approved, a change of occupancy permit would be required to convert the 600-square-foot living area within the equipment building to habitable space. 

 

The subject property is Lot 2, Block 1, of the Sunnyslope Acre Subdivision 3rd Filing. The accessory living area will be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residence. The accessory living area can not be rented or leased separately from the single-family dwelling. Water will be provided by the Little Thompson Water District and sewer will be provided by an on-lot septic system.

 

Staff recommends approval of the Williams Minor Special Review and Appeal, file #11-Z1835, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Williams Minor Special Review and Appeal, file #11-Z1835, 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 Williams Minor Special Review and Appeal.

 

2.         This application is approved without the requirement for a development agreement. In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved minor special review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the minor special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the minor special review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this minor special review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections to the property and reviews of the status of the minor special review as appropriate to monitor and enforce the terms of the minor special review approval.

 

3.         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 minor special review approval.

 

4.    The owner is responsible for obtaining all required building permits for the accessory living area. All applicable fees, including permit fees and transportation capital expansion fees, shall apply to this use.  Within 90-days from the date of approval, the owner shall obtain all outstanding building permits and inspections for all previous work in the existing building.

 

5.         The habitable space of the current structure shall not be further expanded beyond 600-square-feet.

 

6.    The single-family character of the property must be maintained. The entrance(s) to the accessory living area must not be visible from any road.

 

7.    The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

8.    The accessory living area must not be rented or leased separately from the single-family dwelling.

 

9.    This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

Chair Donnelly opened the hearing to the applicant and, Renee Williams, explained that the accessory living area is currently used for storage, but they would like to use it for guests and employees who work  in exchange for residency, in the future.

 

Chair Donnelly opened the hearing to public comment and John Rider, a nearby resident, stated his concerns regarding the compatibility of the structure with the rural nature of the neighborhood. He also mentioned that approval of this structure might spark construction of more large buildings in the area.

 

Chair Donnelly closed public comment and opened the hearing to the applicant for rebuttal. Ms. Williams reiterated her desire for approval to use the accessory living area in the future.

 

The Board thanked Mr. Rider for his concerns, but agreed that approval of this structure is consistent with other minor special review approvals.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Williams Minor Special Review, file #11-Z1835, subject to the conditions as outlined above.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the appeal to section 4.3.10.H.2.c of the land use code to allow the total square footage of the accessory living area for the Williams Minor Special Review, file #11-Z1835, to exceed 40-percent of the square footage of the single family dwelling as described by the applicant and recommended by staff.

 

Motion carried 3-0.

 

5.         LAND USE CODE AMENDMENTS/MEDICAL MARIJUANA, FILE #11-CA0115:  This is a request to  amend the Land Use Code to Codify the Prohibition of the Operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana Infused Products Manufactured in Unincorporated Larimer County. 

 

Staff recommends the Board of County Commissioners approve the Amendments to the Larimer County Land Use Code, file #11-CA0015, subject to the following conditions:

 

1.    Amend the section 0.1 definition of home occupation to read:

 

Home occupation.  A business use conducted as a customary, incidental, and accessory use in the resident's dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities., medical marijuana dispensaries and medical marijuana grow facilities/operations.

 

2.    Delete the following definitions from section 0.1:

Medical marijuana dispensary. The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution. 

Medical marijuana grow facility/operation. The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

 

3.    Add  the following definitions to section 0.1:

Medical Marijuana.  Marijuana that is grown and sold in accordance with Section 14, Article XVIII of the Colorado Constitution.

 

Medical Marijuana Center.  A person or entity licensed to operate a business as described in the Colorado Medical Marijuana Code that sells medical marijuana and medical marijuana-infused products to registered patients or primary caregivers as defined in Section 14, Article XVIII of the Colorado Constitution, but is not a primary caregiver.

 

Medical Marijuana-Infused Products Manufacturer.  A person or entity licensed pursuant to the Colorado Medical Marijuana Code to operate a business manufacturing medical marijuana-infused products.

 

Medical Marijuana Optional Premises Cultivation Operation.  A person or entity licensed pursuant to the Colorado Medical Marijuana Code to grow and cultivate marijuana for a purpose authorized by Section 14, Article XVIII of the Colorado Constitution.

 

Medical Marijuana Patient.  The term medical marijuana patient has the meaning set forth for the term ‘patient’ in Section 14, Article XVIII of the Colorado Constitution.

 

Medical Marijuana Primary Caregiver.  The term medical marijuana primary caregiver has the meaning set forth for the term ‘primary caregiver’ in Section 14, Article XVIII of the Colorado Constitution.

 

4.    Add Section 4.3.12 Prohibited Uses

 

A.   Medical marijuana centers, medical marijuana infused products manufacturers and optional premises cultivation operations are prohibited in all zoning districts as principal uses or accessory uses, including home occupations, regardless of whether any such use is operated for profit or not for profit.

 

B.   Medical Marijuana Patients and Medical Marijuana Primary Caregivers.  Nothing in this Code shall prohibit, regulate or otherwise impair or be construed to prohibit, regulate or otherwise impair the use of medical marijuana by patients as defined by the Colorado Constitution, or the provision of medical marijuana by a medical marijuana primary caregiver to a medical marijuana patient in accordance with Section 14, Article XVIII of the Colorado Constitution, and consistent with the Colorado Medical Marijuana Code and other statutes, rules and regulations of the State of Colorado.

 

5.    Amend Section 4.7.2  (Special Exception Applicability) to read:

 

Only those uses that are not otherwise allowed by right, minor special review or special review, in a particular zoning district may be granted through this process, except that the county commissioners are not authorized to grant use changes (special exceptions) in a GMA district, PD-district or in the LaPorte Planning Area. Special Exception applications to allow medical marijuana centers, medical marijuana infused product manufacturers, medical marijuana optional premises cultivation operations, or other medical marijuana-related uses in any zoning district shall not be accepted, reviewed or processed. The county commissioners evaluate each proposed special exception use for compliance with the review criteria in this section and the development standards that apply to all development

6.    Delete Sections 4.3.3.F (Medical Marijuana Use Description) and 4.3.3.G (Medical Marijuana Grow Facility/Operation. and renumber the remainder of the section:

F. Medical marijuana dispensary. The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution. 

Medical marijuana dispensaries must comply with the following standards:

1.    Medical marijuana dispensaries shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing: principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; public park or playground.

 

a.   The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed.

 

2.    Medical marijuana dispensaries shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

3.    No medical marijuana dispensary shall cause or add to an undue concentration of such dispensaries and/or medical marijuana growing facilities in any area within unincorporated Larimer County.

 

4.    Medical marijuana dispensaries shall have a fixed physical location and shall not operate a mobile dispensary.  Reasonable delivery services to registered patients consistent with any conditions of approval are excluded from this restriction.

 

5.    Medical Marijuana dispensaries shall not permit smoking or consumption of medical marijuana on their premises.

 

6.    Medical marijuana dispensaries shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at minimum, security cameras, locks, and safes.

 

Note:

 

·  Any medical marijuana dispensary in existence and in operation within the unincorporated territory of Larimer County prior to January 4, 2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use.  Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

 

·  Approval by the County of a Special Review application for a medical marijuana dispensary is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations.  Any operator of a medical marijuana dispensary is responsible for complying with any other legal requirements and the consequences of any non-compliance.  Approval of a medical marijuana dispensary through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

 

G. Medical marijuana grow facility/operation. The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana grow facilities/operations must comply with the following standards:

 

1.    Medical marijuana grow facilities/operations shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing: principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; or public park or playground.

 

a.   The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed or grown.

 

2.    Medical marijuana grow facilities/operations shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

 

3.    No medical marijuana grow facility/operation shall cause or add to an undue concentration of such medical marijuana growing facilities/operations and/or medical marijuana dispensaries in any area within unincorporated Larimer County.

 

4.    Medical marijuana grow facilities/operation shall have a fixed physical location and shall not operate as a mobile growing facility. 

 

5.    Medical marijuana grow facilities/operations shall not permit smoking or consumption of medical marijuana on their premises.

 

6.    Medical marijuana grow facilities/operations shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at a minimum, security cameras, locks, and safes.

 

Note:

 

·  Any medical marijuana grow facility/operation in existence and in operation within the unincorporated territory of Larimer County prior to January 4, 2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use.  Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

 

·  Approval by the County of a Special Review application for a medical marijuana grow operation/facility is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations.  Any operator of a medical marijuana grow facility/operation is responsible for complying with any other legal requirements and the consequences of any non-compliance.  Approval of a medical marijuana grow facility/operation through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

 

7.    Delete the following uses from the specified zoning districts as follows:

4.1.18. C-Commercial A. Principal uses under the Commercial category:

12.       Medical marijuana dispensary (S) See section 4.3

13.       Medical marijuana grow facility/operation (S) See section 4.3

and renumber the remainder of the section.

4.1.19. I-Industrial A. Principal uses under the Commercial category:

12.       Medical marijuana dispensary (S) See section 4.3

13.       Medical marijuana grow facility/operation (S) See section 4.3

and renumber the remainder of the section.

 

8.    Amend the zoning table inset in Section 4.1 to delete the following uses:

Category:

Use:

Zoning districts C and I:

Commercial

Medical marijuana dispensary

S

Commercial

Medical marijuana grow facility/operation

S

 

9.    Amend only the first paragraph of section 4.3.10.B definition of home occupation to read:

Home occupation. A business use conducted as a customary, incidental, and accessory use in the resident's dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities. , medical marijuana dispensaries and medical marijuana grow facilities/operations.

 

10.   Add Section 22.2.1. A.4 (Appeals Applicability).

 

4.  Appeals to the prohibition of medical marijuana centers, medical marijuana infused product manufacturers, medical marijuana optional premises cultivation operations and appeals that would allow for the submittal of a land use application to establish those or similar medical marijuana-related uses in any zoning district shall not be accepted, reviewed or processed.

 

Chair Donnelly opened the hearing for public comment:

 

Glen Johnson stated that he supports the ban of medical marijuana stores and sales in Larimer County.

 

Chair Donnelly closed public comment and thanked staff for their work on this issue.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve Land Use Code Amendments/Medical Marijuana, file #11-CA0115.

 

Motion carried 3-0.

 

6.         W.O.L.F. MODIFICATION TO STIPULATION/AGREEMENT, FILE #96-ZR0943:  This is a request to modify the agreement and stipulation related to an approved special review. On January 8, 2001, the Board of County Commissioners and W.O.L.F. entered into a stipulation and agreement as the result of a show cause hearing related to the imposed reduction in the number of animals to be housed at the site and the time to achieve the reduction. Since that time, the owner/operators have operated within the parameters established by the special review and the stipulation. There have been at least two minor modifications and temporary changes permitted by the Board of County Commissioners, as well as, an amendment request which was ultimately denied in 2008. There was subsequent litigation in which the county prevailed resulting in a continuing dialog with W.O.L.F. regarding certain aspects of their operation, the failed amendment and what might be “done” to accommodate certain desirable operation changes. 

 

The request to modify the stipulation is not a zoning action but rather an action to modify an agreement or contract with the Board of County Commissioners. This typically does not entail a public hearing but given the history and context it was determined that there was a reasonable expectation that any changes to this use needed to be made with public review and comment. 

 

There are four areas of the original agreement that W.O.L.F. proposes to alter; these include notice of a population change –death or addition, proposing to delete the language with respect to revocation without hearing, to modify the location of the 5-acre permit area and to allow  previously construct pens to be used for housing animals. Staff has spent a significant amount of time discussing and revising these requests with the principals of W.O.L.F. and can support the changes as proposed. 

 

In review of this request, staff finds these proposals to be consistent with the intent of the original stipulation and recognize the understandings associated with the operation of the facility for the past 11 years.

 

Therefore, staff recommends approval of the W.O.L.F. Modification to Stipulation/Agreement, file # 96-ZR0943, subject to the following condition:

 

1.         Direct the County Attorney to work with W.O.L.F. to prepare modifications to the existing stipulation to be presented for signature of the Board of County Commissioners and W.O.L.F., consistent with the proposals outlined in the letter dated February 28, 2011.

 

Chair Donnelly opened the hearing to the applicant and, Bonnie Mandell-Rice and Frank Wendland, requested the Board approve the modifications to the existing agreement and stipulation. They explained that none of the modifications would have a major impact on the surrounding community and they would improve the operations of the organization.

 

Chair Donnelly opened the hearing to public comment:

 

Pat Piscani and Priscilla Dressen spoke in favor of W.O.L.F. and approval of the agreement and stipulation modifications.

 

Katherine Stowe, Moby Wilde, Glen Johnson and Karen Salis, adjacent neighbors, all spoke in opposition to W.O.L.F. and requested the Board not approve the stipulation and agreement modifications.

 

Chair Donnelly closed public comment and opened the hearing to the applicant for rebuttal. Ms. Mandell-Rice and Mr. Wendland reiterated why these modifications would not affect the surrounding community, but would benefit their operations.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the W.O.L.F. Modification to Stipulation/Agreement, file #96-ZR0943, subject to the condition as outlined above.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 5:15 p.m.

 

TUESDAY, APRIL 19, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Neil Gluckman, Donna Hart and Deni LaRue, Commissioners’ Office; Tom Garton and Candace Phippen, Code Compliance and Building Department; Brenda Graves, Health and Environment Department; Gael Cookman, Clerk & Recorder’s Department; Nick Christensen, Sheriff’s Department; Jeannine Haag and Linda Connors, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Deana Deyen addressed the Board requesting a variance for an illegal building on her property.

 

Ken Strunk also spoke in favor of Ms. Deyen’s request.

 

The Board acknowledged Ms. Deyen’s request and asked staff to follow up with her.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 11, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 11, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 25, 2011:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

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

 

MISCELLANEOUS:   Consider Mid-term Appointment of William Guddeck, to fill a seat vacant since December 1, 2010, on PID#33, Prairie Trails.

 

LIQUOR LICENSES:  The following liquor licenses are recommended for approval and issuance: Sandy’s Convenience Store – 3.2% - Fort Collins; Villa Tatra – Hotel and Restaurant – Lyons; Westlake Liquor – Retail Liquor Store – Red Feather Lakes.

 

Motion carried 3-0.

 

5.         NURSE-FAMILY PARTNERSHIP PROGRAM AWARENESS:  Ms. Graves and Peggy Reeves briefly talked about the program and its positive impact on the community.

 

6 .         PUBLIC HEARING FOR WELD/LARIMER LOAN FUND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION:  Eric Berglund, Administrator of the Weld/Larimer Revolving Loan Fund, briefly talked about the program, which has been in existence since 1991, and assists with the financial needs of companies expanding or locating to the rural areas of Weld or Larimer counties.

 

Chair Donnelly opened the hearing to public comment; however, no one from the audience addressed the Board regarding this matter.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Weld/Larimer Loan Fund Community Development Block Grant (CDBG) Application.

 

Motion carried 3-0.

 

7.         REQUEST TO WAIVE BUILDING PERMIT FEES IN CRYSTAL FIRE BURN AREA:  Mr. Lancaster addressed this issue following up on questions he received from the media. Mr. Garton and Ms. Phippen gave a brief overview of the damage from the fire.

 

Discussion ensued and the Board agreed to consider the waiving of building permit fees on a case-by-case basis.

 

8 .         COUNTY MANAGER WORKSESSION:  Mr. Lancaster provided clarification on the Mishawaka Special Event Permit, which was addressed during the previous week. Mr. Lancaster stated that the special event permit is pending and the event will not be held on the original Graves’ property, but on another portion of their property, much farther away from the Eagles Nest. The current owners are making a good effort to improve operations.

 

Mr. Lancaster also announced there will be a fire recovery meeting, for people who were affected by the Crystal fire, on Thursday night at 6:30 p.m. at Big Thompson Elementary.

 

Mr. Gluckman addressed the Board to discuss congressional redistricting occurring within the state and presented two different maps of the proposed districting to the Board, which would divide Larimer County. The Board agreed that it is important to keep Larimer County whole, and recommended sending a letter expressing this to the state redistricting committee. Chair Donnelly additionally recommended contacting Estes Park to inform them of their position.

 

9 .         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities from the previous week.

 

10.       LEGAL MATTERS: Mr. Lancaster requested that the Board go into Executive Session for the purpose of receiving legal advice regarding liability for accidents caused by substandard road maintenance, a liquor license matter, and a citizen review panel case.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motioned carried 3-0.

 

The Executive Session ended at 12:30 p.m., with no further action taken.

 

THURSDAY, APRIL 21, 2011

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 2:00 p.m. for an abatement hearing. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Jennifer Pawleshyn, Assessor’s Office; Amy Artzer, Petitioner; and Melissa Lohry and Dana Bouchard, Deputy Clerk.

 

Ms. Pawleshyn reviewed the comparables used to arrive at the assessed value for the property located at 204 Maple Street, Unit 201, in Estes Park.  Ms. Pawleshyn stated that based upon nearby comparables, she based the value of the condominium at $247,900.

 

Ms. Artzer, stated that she purchased her condominium unit for $279,900 in December 2010 and just three months later, other similar units sold for drastically less. Therefore, Ms. Artzer stated that her appraised value should be closer to $191,000.

 

Ms. Pawleshyn noted that all of the sales of units in the subject building occurred after June 30, 2008, and therefore, could not be considered in the valuation of Ms. Artzer’s unit.

 

Commissioner Gaiter stated that because all of the petitioner’s comparables were sold after the statutory timeframe, they could not be used to value the subject property; therefore, he stated that he would not support the petition.

 

Chair Donnelly agreed and also stated that he was inclined to deny the petition for abatement.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the Petition for Abatement, for 2010 taxes, for parcel number 97111-36-201, and allow the value of the property to remain at $247,000.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 2:45 p.m.

 

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_____________________________________

Dana S. Bouchard, Deputy County Clerk

 

 

_____________________________________

Melissa Lohry, Deputy County Clerk

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.