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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 17, 2014

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Savanah Benedick, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance, and explained that the following item was on the consent agenda that would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         CRYSTAL LAKES FILING LOTS 64 & 65 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #14-S3207:   This is a request to amend the plat of Lots 64 and 65 of the Crystal Lakes 6th Filing, to consolidate the lots into one lot and vacate the 30-foot utility easement located along the common lot line. 

 

Both properties are located in the Crystal Lakes 6th Filing between Yuma Court and Mohawk Court.  The Crystal Lakes 6th Filing was recorded in 1972.  Consolidating the lots will create one lot that is 1.11 acres in size.  An easement vacation is also proposed for the existing 30-foot utility easement along the common lot line of these two lots.

No neighbors have voiced any objections to the Lot Consolidation and Easement Vacation proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

•  Department of Health and Environment

•  Engineering Department Development Services

•  Code Compliance Section

•  Addressing Section

•  Assessor’s Office

 

The proposed Lot Consolidation of Lots 64 & 65 of the Crystal Lakes 6th Filing will not adversely affect any neighboring properties or any County agency.  The consolidation will not result in any additional lots. Staff is in support of vacating the easement that would run through the middle of the resulting lot if not vacated.  Staff finds that, with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation of Lots 64 & 65 of the Crystal Lakes 6th Filing and vacation of the 30’ utility easement located on the common lot line, File #14-S3207, subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution recorded by September 17, 2014, or this approval shall be null and void.

 

2.   The vacation of the 30’ utility easement and the reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded. 

 

3.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

The hearing recessed at 3:05 p.m.

 

 

PUBLIC HEARING FOR CHOICE ORGANICS

RETAIL MARIJUANA ESTABLISHEMENT

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Michael Whitley, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

Mr. Lafferty then suggested that the Board move this item to consent, as the applicant and staff are in agreement and there appears to be no citizen opposition.  No one present wished to have a full hearing on this topic, so the item was moved to consent.

 

1.         CHOICE ORGANICS RETAIL MARIJUANA ESTABLISHMENT LICENSES, FILE #13-G0257:   This is request for approval of a Retail Marijuana Store License and a Retail Marijuana Cultivation Facility License for Units C & D of the building located at 813 Smithfield Drive. The property is located approximately 1,200 feet southwest of the intersection of Mulberry Street and I-25.  The property is zoned C – Commercial, is within the Fort Collins Growth Management Area and within the East Mulberry Corridor Plan area.

 

The site is 1.16 acres and the existing building has a footprint of 8,400 square feet.  Choice Organics received Special Review approval from the Board of County Commissioners on October 18, 2010, to operate a Medical Marijuana Dispensary & a Medical Marijuana Grow Operation within Units A & B of the building.  Approval or denial of the proposed Retail Marijuana Establishment licenses would not affect the Special Review approval.  If the licenses are approved, the Choice Organics medical and retail marijuana businesses would occupy the entire building.

 

The Larimer County Land Use Code specifies that Retail Marijuana Establishments are uses by right in the C – Commercial, and the I – Industrial zoning districts, subject to state and local licensing.

 

The Larimer County Resolution for Licensure of Retail Marijuana Establishments became effective on October 1, 2013.  The resolution specifies that Larimer County will issue no more than two Retail Marijuana Store Licenses, no more than two Retail Marijuana Cultivation Facility Licenses, no more than two Retail Marijuana Products Manufacturing Facility Licenses and no more than two Retail Marijuana Testing Facility Licenses.

 

The two existing Medical Marijuana businesses in unincorporated Larimer County have been given first priority to apply for the available Retail Marijuana Store Licenses and Retail Cultivation Licenses.

 

The State of Colorado has issued Licenses (conditioned on receiving local licensing approval) for the proposed Retail Marijuana Store and Retail Marijuana Cultivation Facility.

 

Sheriff Justin Smith’s written comments note that although the use and distribution of marijuana has been decriminalized in the state of Colorado, it remains federally illegal. Sheriff Smith objects to the licensing of any marijuana operations in Larimer County.       

 

The Larimer County Planning Commission held a public hearing on the proposed licenses on February 19, 2014.  The items were on the discussion agenda but were moved to the consent agenda because no one in the audience wished to speak in opposition to the items. After a short presentation by Planning staff and a discussion about the proposed motion, the Planning Commission voted 8 to 0 to recommend approval of both licenses to the Board of County Commissioners based on compliance with the land use standards and review criteria found in the relevant sections of the Larimer County Resolution for Licensure of Retail Marijuana Establishments.

 

The Planning Commission and Development Services Team Recommendations are as follows: 

 

A.   The Larimer County Planning Commission (based on compliance with the land use standards and review criteria found in the relevant sections of the Larimer County Resolution for Licensure of Retail Marijuana Establishments) and Development Services Team recommends approval of the Choice Organics Retail Marijuana Store License (File #13-G0257) subject to the following conditions:

 

1.   The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.

 

2.   The Retail Marijuana Store shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution For Licensure of Retail Marijuana Establishments.

 

B.   The Larimer County Planning Commission (based on compliance with the land use standards and review criteria found in the relevant sections of the Larimer County Resolution for Licensure of Retail Marijuana Establishments) and Development Services Team recommends approval of the Choice Organics Retail Marijuana Cultivation Facility License (File #13-G0257) subject to the following conditions:

 

1.   The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the State of Colorado Department of Revenue Marijuana Enforcement Division.

 

2.   The Retail Marijuana Cultivation Facility shall be operated in full compliance with all licensing requirements, regulations and standards of the Larimer County Resolution For Licensure of Retail Marijuana Establishments.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Retail Marijuana Store License and a Retail Marijuana Cultivation Facility License for Choice Organics, as outlined above.

 

Under discussion of the motion, the Board agreed that they are implementing and upholding the wishes of the voters, and they commended staff (specifically Michael Whitley), and the applicants on their professionalism and due diligence throughout this process. 

 

Motion carried 3-0.

 

The hearing adjourned at 6:45 p.m.

 

 

 

 

TUESDAY, MARCH 18, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Pam Gardner, Assessor’s Office; Amy Pezzani, Heather Buoniconti, Lauren Mingus, and Lauren Dewey, Larimer County Food Bank; Marc Engemoen, Public Works Department; Mark Peterson, Charlie Johnson, and Joe Temple, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the meeting with Pledge of Allegiance, and then Mel Hilgenberg addressed the Board for public comment. 

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 10, 2014:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of March 10, 2014.

 

Motion carried 2-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 24, 2014: Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

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

 

03182014A001           CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COLORADO DEPARTMENT OF PUBLIC WORKS, AND TRANSPRO, INC.

 

03182014D001           DEED OF DEDICATION: TOWN OF WINDSOR

 

03182014R001           FINDINGS AND RESOLUTION APPROVING THE PICO DAIRY SECOND REQUEST FOR MINOR LAND DIVISION

 

03182014R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 5 IN THE GLENN RIDGE ESTATES SUBDIVISION, 2ND FILING

 

03182014R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT FOR RAINBOW LAKE LOT 72 AND RESIDUAL F AND EASEMENT VACATION

 

03182014R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 124 & 125 CRYSTAL LAKES SUBDIVISION 12TH FILING AND EASEMENT VACATION

 

03182014R005           FINDINGS AND RESOLUTION APPROVING THE DOBBS MINOR LAND DIVISION AND APPEAL

 

03182014R006           FINDINGS AND RESOLUTION APPROVING IN PART THE LYONS FIRE DISTRICT FEE APPEAL

 

MISCELLANEOUS:  Larimer County Works Policy State Diversion; Larimer County Works Policy County Diversion; Department of Human Services Payments for January 2014; Expenditure Authorization for FY 13 25% Discretionary UI Pilot Program.

 

LIQUOR LICENSES:  The following licenses were issued and/or approved:  The Baldpate Inn – Hotel & Restaurant – Estes Park; Sylvan Dale Ranch – Hotel & Restaurant with Optional Premises – Loveland; Glen Haven General Store – 3.2% - Glen Haven; Prime Tyme @ the Forks – Tavern – Livermore.

 

Motion carried 2-0.

 

4.         PRESENTATION OF THE 2013 FOOD DRIVE AWARD:   Ms. Pezzani presented the 2013 Food Bank Award to Larimer County, and shared some statistics of the community food bank usage noting that one in ten Larimer County residents utilize the Food Bank on a regular basis.  She thanked the county food drive coordinator, Pam Gardner, for her fund raising efforts and commended all county employees for their generosity in giving to this cause. 

 

5.         WORKSESSION:  There were no worksession items to discuss.  

 

6.         COMMISSIONER ACTIVITY REPORTS: The Board reviewed their involvement at events during the past week.  During this time, Chair Donnelly asked Mr. Gluckman to draft a letter of support for a grant application for Slash Solutions in Crystal Lakes. 

 

Chair Donnelly then asked Mr. Engemoen to describe the pros and cons of constructing a temporary road in the narrows and Buckhorn area.  Mr. Engemoen stated that this could be done; however, it would cost the county approximately $400,000 of un-reimbursable funds, and it would probably only be utilized for approximately one-month before they would have to close it down again to complete the permanent road.  Discussion ensued.  Chair Donnelly favored constructing a temporary road to afford the residents in the area opportunity to get trucks in to start repair efforts on their internal roads. Commissioner Johnson stated that he was not in favor of expending $400,000 to construct a temporary road that would only be used for a few weeks.  Chair Donnelly directed Mr. Engemoen to obtain some bids from contractors to determine what the actual costs would be to construct the temporary road.

 

7.         LEGAL MATTERS: Ms. Haag requested that the board go into executive session for confidential legal advice on negotiating terms and parameters of an agreement.

 

M O T I O N

 

Commissioner Johnson moved that the board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402 (4)(b) C.R.S.

 

Motion carried 2-0.

 

The executive session ended at 10:05 a.m., with no further action taken.

 

 

 

 

_______________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

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