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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 4, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were:  Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Jill Bennett, Engineering Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Pro-Tem Johnson opened the hearing 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 Pro-Tem Johnson explained that the following item was on today’s consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         MCMURRY RANCH LOTS 13 & 14 AMENDED PLAT AND KOEPP LOT SIZE APPEAL, FILE #09-S2924:   This is a request to amend the plat of McMurry Ranch to adjust the boundary lines between two lots to allow a driveway access to be located on the property it serves. The request also includes a lot size appeal, as one of the lots will be decreased slightly in size.

 

No neighbors have voiced any objections to this proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Engineering Department Development Review Team, Addressing Section, Code Compliance Section, and the Department of Health and Environment. Comments received from the Land Surveyor of the Larimer County Engineering Department identify some required corrections to the plat.

 

Staff has found that the proposed plat amendment will not adversely affect any neighboring properties or any county agency nor will it result in any additional lots.

 

Staff recommends approval of the Amended Plat of McMurry Ranch Lots 13 & 14 and the Koepp Lot Size Appeal, file #09-S2924, subject to the following conditions (and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature):

 

1.         The final plat shall be recorded by July 4, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the 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 McMurray Ranch Lots 13 & 14 Amended Plat and Koepp Lot Size Appeal, file #09-S2924, subject to the conditions listed above.

 

Motion carried 2-0.

 

2.         LAND USE CODE AMENDMENTS REGARDING 1041 (SOLAR), FILE #09-CA0102:  This is a request to amend Section 14.4 of the Larimer County Land Use Code to include the following:

 

14.4. Designated Matters of State Interest.

 

K.        Siting and development of any solar energy power plant, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, and other appurtenant facilities, that together disturb an area greater than five acres, or any addition thereto that expands the disturbed area. This designation shall not include roof mounted solar systems located on existing permitted principal and accessory buildings.

 

The Planning Commission considered the proposed code amendments at their hearing on December 16, 2009. At that time, Carol Dollard, Colorado State University Facilities Department, presented testimony concerning the two-MW photo-voltaic system recently developed on the Foothills Campus. The system occupies 15-acres and is the second largest system in Colorado and one of the largest on any college campus in the country.  Ms. Dollard expressed concern that the proposed regulations might have a chilling effect on potential funding and partnerships involved in putting together this type of project. There was no additional public testimony.

 

The Planning Commission discussed the 1041 Appeals process (Sec. 14.7 of the Land Use Code) as a method of considering potential projects to determine if 1041 review was necessary, given the specific characteristics of the project and location.

 

The Planning Commission voted unanimously to recommend approval of the amendment to the Board of County Commissioners.

 

Ms. Bennett reviewed the proposed amendment and explained that solar power plants, such as those listed above, occupy large areas of land. Therefore, it is only sensible to base designation and consideration of proposed facilities on the amount of area consumed.

 

Commissioner Donnelly thanked Ms. Bennett for all of her work on 1041 processes and procedures.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Amendments to Section 14, Matters of State Interest, of the Larimer County Land Use Code, file #09-CA0102.

 

Motion carried 2-0.

 

There being no further business, the hearing recessed at 3:15 p.m.

 

 

JOINT PUBLIC HEARING

BOARD OF COUNTY COMMISSIONERS & PLANNING COMMISSION

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty and Michael Whitley, Principal Planners. Chair Johnson presided and Commissioner Donnelly was present. Also present were Planning Commission Members:  Thomas Benton, Mina Cox, Gerald Hart, Jana Hess, Nancy Wallace, and Karen Weitkunat; Staff members present included:  Frank Lancaster, County Manager; Sheriff Jim Alderden; Stacey Baumgarn, Facilities and Information Technology Department; Jeannine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk. 

 

Planning Commission Chair Wallace opened the hearing and asked for public comment on the Land Use Code not related to medical marijuana. No one from the audience addressed the Board regarding these topics.

 

1.         LAND USE CODE AMENDMENTS REGARDING MEDICAL MARIJUANA, FILE #09-CA0104:   This is a request to review proposed changes to the Larimer County Land Use Code regarding medical marijuana. Currently, the code does not have land use classifications for medical marijuana cultivation, processing, or dispensing and those operations are not specifically addressed by the 2006 International Building Code. Concerns about the cultivation and sale of medical marijuana include proximity to day cares and schools, the use, storage and disposal of chemicals, and the evaluation of the appropriate zoning districts and review procedures for the various land uses. In addition, the Sheriff’s Office and municipal law enforcement agencies have voiced anxiety about the secondary effects of medical marijuana operations.

 

In November 2000, Colorado voters approved Amendment 20 to the Colorado Constitution, which allows patients who have received a medical marijuana registry card issued by the Colorado Department of Public Health and Environment the right to engage in the lawful use of marijuana for medicinal purposes. Placement on the registry requires a physician recommendation (not a prescription) for treatment of a number of medical conditions including, but not limited to, severe pain, severe nausea, seizures, and persistent muscle spasms.  According to the Department of Public Health, severe pain is a reported condition for 90% of all registrants and muscle spasms are the second-most reported condition at 29% (patients can declare more than one condition).

 

Placement on the registry allows a patient to possess two ounces of marijuana or up to six marijuana plants, three of which can be flowering at any one time. A patient may choose to transfer that “allowance” to a designated care-giver who “has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.” A patient may only designate one primary care-giver and there is no registry of care-givers. Beyond the definition of a primary care-giver, there are no regulations related to care-giver criteria and there is no limit to the number of patients a care-giver can manage. 

 

Only patients and care-givers can cultivate and/or dispense medical marijuana and only patients are allowed to use medical marijuana. The Constitution references patients, physicians, and primary care-givers but makes no reference to dispensaries and provides no guidance regarding land use regulations for the cultivation, processing, or sale of medical marijuana. 

 

The recent proliferation in medical marijuana dispensaries statewide is the result of a number of changes both at the state and federal levels.

 

In 2004, the Department of Public Health and Environment created an administrative guideline that a primary care-giver could care for only five registered patients in total. In 2007 a Denver District Judge overturned this limitation because of concerns regarding the process by which the guideline had been adopted, including the fact that there were no public hearings regarding the limitation.

 

In July of 2009, the Department of Public Health and Environment expanded the definition of primary care-giver to include those whose sole contact with the patient was the provision of medical marijuana. The expanded definition has been subject to court action with no decisive conclusion to date.

 

In October of 2009, a new federal policy was adopted that stated although the manufacture, distribution, possession, and use of marijuana is prohibited by federal law, federal law enforcement agencies should not seek to prosecute marijuana cases in which the defendant is in compliance with state medical marijuana laws.  Colorado is one of fourteen states that allows for the use of medical marijuana. 

 

With no limit to the number of patients for which a care-giver may provide, a low threshold for being considered to be a primary care-giver, and removal of the threat of federal prosecution, the number of medical marijuana dispensaries in Colorado has expanded in recent months as has the number of registered patients. The most recent statistics from the Colorado Department of Public Health and Environment, from August 31, 2009, state that there were 1,296 medical marijuana patients registered in Larimer County which is 9% of the total number of registered patients in Colorado.

 

Counties and municipalities throughout the state have had to determine how to regulate medical marijuana as it potentially affects land use within the county. Some jurisdictions have enacted bans, some jurisdictions have fit medical marijuana uses into existing regulations (treating dispensaries as a retail use for example), and some jurisdictions have created new land use regulations specific to medical marijuana. Several jurisdictions, including Fort Collins and Loveland, have enacted, or are contemplating enacting, moratoriums on medical marijuana dispensaries.

 

The private growing and use of medical marijuana by individual patients is not a land use concern as long as the number of plants grown and their use complies with Department of Health regulations; however, the growing, processing, and dispensing of medical marijuana on a commercial scale requires land use regulations.  To date, Planning and Building staff have not approved any new uses related to medical marijuana in unincorporated Larimer County, although there could be active operations that are unknown or that have not received land use approval.  Inquiries have been received seeking to establish a cultivation operation, a combined cultivation and processing operation, and two potential dispensary sites in unincorporated Larimer County but none of those inquiries have resulted in formal land use requests. 

 

On December 7, 2009, the Board of County Commissioners approved a 7-month moratorium on permits or licenses related to the operation of businesses that cultivate, process, or dispense medical marijuana and the establishment of any business, occupation, or operation relating to those activities. The purpose of the moratorium is to allow Larimer County time to adopt Land Use Code amendments for those uses.

 

The moratorium covers all of unincorporated Larimer County including unincorporated property within the Estes Valley Planning Area. The Community Development Department of the Town of Estes Park reviews land use planning and zoning applications for the Estes Valley through an intergovernmental agreement with Larimer County. If the proposed Land Use Code amendments are approved, Planning staff recommends that the Board of County Commissioners retain the moratorium in the Estes Valley Planning Area but revoke the moratorium for the remainder of unincorporated Larimer County. 

 

The proposed Land Use Code amendments define “Medical Marijuana Dispensary” as “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.” The proposed amendments also define “Medical Marijuana Grow Facility/Operation” as “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.” 

 

The code amendments would allow Medical Marijuana Dispensaries and Medical Marijuana Grow Facility/Operations through the Special Review process in the C-Commercial and I- Industrial zoning districts and would establish standards for those uses.  The Code amendments would also modify the definition of a home occupation to exclude medical marijuana dispensaries and medical marijuana grow facilities/operations from being operated as a home occupation.

 

The proposed amendments are as follows:

 

A.        In Sections 0.1 (Definitions) and 4.3.10.B (Home occupation), amend the definition of home occupation as follows:

 

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.

 

B.        In Sections 0.1, add definitions for the following:

 

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. 

 

C.        Amend the C – Commercial (Section 4.1.18) and I – Industrial (Section 4.1.19) zoning districts to allow a medical marijuana dispensary and medical marijuana grow facility/operation by Special Review (S). List these uses under the “Commercial” category and renumber the remainder of the section:

 

12.       Medical marijuana dispensary (S) See section 4.3

 

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

 

D.        Amend the zoning table inset in Section 4.1 to include the following in the C and I zoning districts:

 

Category

Use

Zoning Dist. C & I

Commercial

Medical Marijuana Dispensary

S

Commercial

Medical Marijuana Grow Facility/Operation

S

 

 

E.         Add the following to Section 4.3.3, Commercial Uses, 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 500-feet of any existing: public or private school; 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; or licensed child care facility.

 

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 may only operate between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday.

 

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

 

7.         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.

 

8.         No medical marijuana dispensaries shall be located within 20-miles of a Colorado State border.

 

Note:

 

Any medical marijuana dispensary in existence and in operation within the unincorporated territory of Larimer County prior to (date of adoption) 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 500-feet of any existing: public or private school; 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; or licensed child care facility.

 

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.

 

7.         No medical marijuana grow facilities/operations shall be located within 20-miles of a Colorado State border.

 

Note:

 

Any medical marijuana grow facility/operation in existence and in operation within the unincorporated territory of Larimer County prior to (date of adoption) 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.

 

Mr. Whitley presented the proposed amendments as written above and Ms. Haag explained to both commissions that the amendments were based on a bill set to go before state authorities during the upcoming legislative session.  

 

Mr. Morgan asked staff why the proposed amendments did not mirror the requirements and restrictions in place for liquor licenses.  Mr. Ressue stated that the proposed state bill will probably include licensing guidelines, not under the authority of the county.

 

Commissioner Donnelly asked why staff had proposed limiting the establishment of a dispensary or grow facility within 20-miles of the Colorado State border.  Mr. Whitley stated the restriction was included to mirror proposed state regulations, seemingly to prevent trafficking of a controlled substance.  

 

Mr. Hart asked staff what municipalities within the county were doing to address this issue.  Mr. Whitley stated that all municipalities located within Larimer County have placed moratoriums on both medical marijuana grow facilities and dispensaries and are currently reviewing similar codes and restrictions.  Mr. Hart stated the county should not consider allowing dispensaries within its jurisdiction as patients’ needs will be adequately addressed by operations in other municipalities. 

 

There was discussion between both commissions and staff regarding the restriction of operations within 20-miles of the state border and whether operations would be allowed in the PD-Public Development zoning area.

 

Planning Commission Chair Wallace opened the hearing to public comment.

 

Cindy Hayden addressed the Board and explained that her son opened a medical marijuana dispensary in unincorporated Larimer County, near Loveland, in an area zoned C-Commercial.  Ms. Hayden said her son completed all of the necessary applications for the business and made it very clear that the business would be a dispensary; however, he received a cease and desist order from Larimer County.  Ms. Hayden stated she did not feel this was fair.

 

Anthony Krepel, owner of Mary Jane’s Wellness Center, addressed the Board and reiterated what Ms. Hayden’s statements.

 

Commissioner Johnson thanked Ms. Hayden and Mr. Krepel for trying to run a legal business.

 

Tony Katsmakis addressed the Board and requested they remove the restriction of dispensary and grow facility locations within 500-feet of a residence.  Mr. Katsmakis stated that it is unfair to disallow dispensaries or grow facilities near residences because individuals could possibly reside in I-Industrial and C-Commercial zoning areas. 

 

Sheriff Alderden addressed the Board with concerns that some of the proposed regulations are not adequately defined. He noted that the definitions of both a grow facility/operation and dispensary may unintentionally include primary-care-givers, which are allowed and defined within Amendment 20. Sheriff Alderden also expressed concern that the proposed security requirements are not strict enough.

 

Chris Ralph also expressed concerns about security, specifically the requirement for public notification.  Mr. Ralph stated that if a primary-care-giver were required to notify surrounding land owners, as required for all special reviews, the safety of the patient, grower, and marijuana plants would be compromised.

 

Dr. Nancy Smith and Luke Weaver requested the proposed amendments be modified to include increased distances from dispensaries or grow facilities and schools. Both stated that increased exposure to medical marijuana operations could lead to increased temptations and/or illegal use of marijuana.

 

Wes Melander, John Clifton, Kirk Pederson, and Travis Cutbirth all addressed the Board with concerns about impeding the rights of primary-care-givers. Many stated that they currently care for friends or family members who use medical marijuana but are unable to cultivate their plants. If the amendments are approved in their current form, primary-care-givers would not be allowed to cultivate plants in their residences for use or consumption by registered patients.

 

Albert Walsh expressed concern that the proposed amendments would restrict grow facilities to be large-scale commercial operations, which would create environmental hazards due to large amounts of chemical waste.

 

Sean Dougherty addressed the Board and questioned the county’s ability to regulate security requirements via the land use code.

 

Many of the above individuals also expressed displeasure with the proposed closure of dispensaries on Sunday; arguing that if liquor stores are allowed to sell liquor on Sundays, dispensaries should be allowed to sell marijuana.

 

Planning Commission Chair Wallace closed public comment and much discussion ensued between the Planning Commission, and staff regarding zoning, primary-care-givers, and whether all of the proposed regulations were within county jurisdiction.

 

Ms. Haag stated that because the growth and distribution of medical marijuana are so different from other county authorized land uses, both require unique standards and restrictions.  Ms. Haag also cautioned both commissions to weigh the contradiction of federal and state laws regarding marijuana consumption.

 

Mr. Hart reiterated his stance that the county should not consider allowing dispensaries within its jurisdiction as patients’ needs will be adequately met by operations in other municipalities.

 

M O T I O N

 

Planning Commissioner Morgan moved that the Larimer County Planning Commission recommend approval of the Land Use Code Amendments Regarding Medical Marijuana, file #09-CA0104, subject the following modifications:

 

1.         Section 4.3.3.F.5 shall be amended to read, “Medical marijuana dispensaries will have limited hours of operation.”

 

2.         Sections 4.3.3.F.1 shall be amended to read, “Medical marijuana dispensaries shall not be located within a minimum of 1,000-feet of any existing: public or private school; 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; or licensed child care facility.”

 

3.         Sections 4.3.3.G.1 shall be amended to read, “Medical marijuana grow facilities/operations shall not be located within a minimum of 1000-feet of any existing: public or private school; 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; or licensed child care facility.”

 

Planning Commissioner Hess seconded the motion.

 

Motion carried 6-2, Planning Commissioners Hart and Cox dissenting.

 

Commissioner Donnelly thanked staff, the Planning Commission, and the public for their work and input. He requested removal of Sections 4.3.3.F.8 and 4.3.3.G.7, establishing 20-foot buffers between medical marijuana dispensaries or medical marijuana grow facilities/operations and the Colorado State border. Commissioner Donnelly also requested Sections 4.3.3.F.1 and 4.3.3.G.1 be amended to require a distance no less than 1000-feet between medical marijuana dispensaries or medical marijuana grow facilities/operations and facilities frequented by children; while requiring a distance no less than 500-feet from all other facilities.

 

Chair Pro-Tem Johnson thanked staff and the Planning Commission for their hard work and dedication. He cautioned staff and the public that these amendments are a good starting point; however, they are not a final product and, in the future, will probably require multiple revisions. He further emphasized the need to make balanced regulations to allow the use of medical marijuana to continue and thanked potential medical marijuana business owners for striving to conduct their business in a legal manner. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the proposed Land Use Code amendments, file #09-CA0104, to retain the moratorium on the establishment of medical marijuana dispensaries and medical marijuana grow facilities/operations in the Estes Valley Planning Area and revoke the moratorium for the remainder of unincorporated Larimer County, subject to the following modifications:

 

            1.         R emove Sections 4.3.3.F.8 and 4.3.3.G.7.

2.         Sections 4.3.3.F.1 shall be amended to read, “Medical marijuana dispensaries shall not be located within a minimum of 1000-feet of any existing: public or private school; principal campus of a college, university or seminary; public park or playground; or licensed child care facility. Medical marijuana dispensaries shall also not be located within 500-feet of any existing residence; church or religious institution; drug or alcohol rehabilitation facility; or any public community center or publicly owned or maintained building open for use by the general public.”

 

3.         Sections 4.3.3.G.1 shall be amended to read, “Medical marijuana grow facilities/operations shall not be located within a minimum of 1000-feet of any existing: public or private school; principal campus of a college, university or seminary; public park or playground; or licensed child care facility. Medical marijuana grow facilities/operations shall also not be located within 500-feet of any existing: residence; church or religious institution; drug or alcohol rehabilitation facility; or any public community center or publicly owned or maintained building open for use by the general public.”

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 9:30 p.m.

 

 

TUESDAY, JANUARY 5, 2010

 

ADMINISTRATIVE MATTERS METTING

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were:  Donna Hart and Neil Gluckman, Commissioners’ Office; Marc Engemoen, Mark Peterson, and Martina Wilkinson, Engineering Department; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Gary Oquinn, Jim Fry, Paul Westover, Deedee Wieggel, Larry Newman, Roy Helmut, Shirley Preut, Lee Tucker, and Herb Burkhalter addressed the Board to voice their disgust with the Boxelder Stormwater Authority Board and the contract employee, Rex Burns. All cited the distribution of misleading and incorrect information, boundary disputes, and unfair exemptions as some of the reasons for their escalating distrust in both the Authority and Mr. Burns.

 

Many questions were raised about regarding a letter sent by Mr. Burns to some landowners in the basin, which many recipients considered unprofessional and careless. As a result, many consider Mr. Burns under-qualified for his current position.

 

Chair Pro-Tem Johnson thanked everyone for informing the Board of their concerns. He explained that while he and Commissioner Donnelly did not preside on the Board of County Commissioners at the time the Authority was established, they are both working to fix the problems that have arisen and are striving to help residents and the Authority move forward in a professional and productive manner.

 

2.         BOARD REORGANIZATION:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint Commissioner Steve Johnson as the Chair for 2010 and authorize him to buy and sell real estate upon approval of the Board.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners appoint Commissioner Tom Donnelly as the Chair Pro-Tem for 2010 and authorize him to buy and sell real estate, in the absence of the Chair, upon approval of the Board.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners designate the Northern Entrance of the Larimer County Courthouse building located at 200 West Oak Street in Fort Collins, as the public place in which notice of meetings of the Board of County Commissioners are posted.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint the Board Chair, Commissioner Steve Johnson, as the person responsible for receiving and reviewing any formal problem solving requests by the direct reports to the County Manager or County Attorney.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve designation of the following proxies for each Colorado Counties Incorporated Steering Committee:

 

1.         Agriculture, Wildlife, and Rural Affairs Committee – Neil Gluckman

2.         Tourism and Resorts Committee – Gary Buffington

3.         General Government Committee – Neil Gluckman

4.         Health and Human Services Committee – Kathy Snell

5.         Land Use and Natural Resources Committee – Neil Gluckman

6.         Public Lands Committee – Neil Gluckman

7.         Taxation and Finance Committee – Neil Gluckman

8.         Transportation and Telecommunications Committee – Neil Gluckman

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 11, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

 

M O T I O N

 

Commissioner Donnelly moved the Board of County Commissioners approve the consent agenda as presented below:

 

ABATEMENT:   As proposed by the County Assessor, the following Petition for Abatement is presented for approval:  Roger and Diane Pilant.

 

01052010R001           FINDINGS AND RESOLUTION APPROVING THE COUNTY ROAD 27 AND COUNTY ROAD 44H ROAD NAME APPEAL

 

01052010R002           RESOLUTION REGARDING DEPOSIT OF 2010 FUNDS BY COUNTY TREASURER

 

LIQUOR LICENSE:  The following licenses were approved and issued:  Pot Belly Deli & Bar – Tavern – Red Feather Lakes; and Fort Collins Elks Lodge #804 – Special Event 6% – Fort Collins.

 

Motion carried 2-0.

 

5.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster did not have any items to discuss today.

 

6.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

7.         LEGAL MATTERS:  There were no legal matters today.

 

There being no further business, the meeting adjourned at 10:45 a.m.

 

 

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Melissa Lohry, Deputy Clerk

 

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