LARIMER COUNTY PLANNING COMMISSION
Minutes of February 19, 2014
The Larimer County Planning Commission met in a regular session on Wednesday, February 19, 2014, at 6:30 p.m. in the Hearing Room. Commissioners’ Christman, Cox, Dougherty, Gerrard, Jensen, Miller, Wallace, and Zitti were present. Commissioner Glick presided as Chairman. Also present were Matt Lafferty, Principle Planner, Terry Gilbert, Planning and Building Services Director, Rob Helmick, Senior Planner, Michael Whitley, Planner II, Clint Jones, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary.
COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE:
None
COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:
None.
APPROVAL OF THE MINUTES FOR THE JANUARY 15, 2014 MEETING: MOTION by Commissioner Cox approve the minutes, seconded by Commissioner Dougherty. This received unanimous voice approval.
AMENDMENTS TO THE AGENDA:
Commissioner Jensen moved to move Item #2 Choice Organics Licenses #13-G0257 to the consent agenda, seconded by Commissioner Dougherty. This received unanimous voice approval.
CONSENT ITEMS:
ITEM #1 CITY OF GREELEY TURNOUT LOCATION AND EXTENT #14-Z1923 : Mr. Helmick provided background information on the request for a 36-inch raw water line for the City of Greeley, which would connect the Charles Hansen Canal with the Bellvue Treatment plant. The pipeline would be located between the Charles Hansen Canal and the Bellvue water treatment/filter plan, just south of the Poudre River at the mouth of the canyon.
DISCUSSION:
Commissioner Wallace moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission approve the City of Greeley Turnout Location and Extent, file #14-Z1923, subject to the following conditions:
1. Permits or reviews as required for construction activity in the floodplain shall be obtained prior to the commencement of any construction activity in those areas.
2. Follow the Larimer County Best Management Practices for pipeline construction; this shall include plans for revegetation of disturbed areas.
3. The applicants shall coordinate all ditch crossings with the appropriate ditch companies and insure that all licenses and agreements are in place prior to construction.
4. City shall obtain whatever permits and permissions are necessary for work in or adjacent to the floodplain, as appropriate.
Commissioner Cox seconded the Motion.
Commissioners’ Christman, Cox, Dougherty, Gerrard, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.
MOTION PASSED: 9-0
ITEM #2 CHOICE ORGANICS LICENSES #13-G0257 : Mr. Whitley provided background information on the request for a Retail Marijuana Store License and a Retail Marijuana Cultivation Facility License located in Units C&D of the building at 813 Smithfield Drive, Fort Collins, which was approximately 1,200 feet southwest of the intersection of Mulberry Street & I-25. 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. He listed the Development Services Team findings noted in the agenda and stated that the Development Services Team was recommending approval.
DISCUSSION:
Commissioner Cox mentioned the letter from Sheriff Justin Smith. She noted that her business had contracts with the Department of Defense and would abstain from the vote.
Commissioner Wallace summarized the review criteria, and the Development Service Team findings.
Chairman Glick had concerns with wording of the Motions as the Commission was reviewing the land use not the license.
Commissioner Jensen agreed.
Commissioner Gerrard pointed out that the marijuana sales were not allowed by Federal law. He wondered if it should be noted that the license would be approved under the local jurisdiction but not at the Federal level.
Commissioner Zitti suggested that the Motion be reworded to recommend approval of the Land Use Component of the application not the license.
Commissioner Christman stated that the buildings and structures needed to be inspected, which had not occurred yet. She wondered if it should be a condition of approval.
Mr. Lafferty stated that Condition of Approval #2 covered the issue.
Commissioner Wallace moved that the Planning Commission adopt the Motion to recommend approval to the Board of County Commissoners, seconded by Commissioner Dougherty.
Commissioner Jensen requested a Friendly Amendment to the Motion to amend the wording from Choice Organics Retail Marijuana License to Choice Organics Retail Marijuana Facility.
Mr. Lafferty asked that the wording not be changed.
Commissioner Christman recommended adding the appropriate Sections from the Larimer County Resolution in to the Motion. She requested a friendly amendment to the Motion.
Commissioner Wallace accepted the Friendly Amendment, and the Motion was adopted as follows:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Choice Organics Retail Marijuana License based on the criteria and Land Use criteria found in the relative sections of the Larimer County resolution for Licensure of Retail Marijuana Establishments, file #13-G0257, for the property described on “Exhibit A” to the minutes, 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 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.
Commissioner Dougherty seconded the Motion.
Commissioners’ Christman, Dougherty, Gerrard, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.
Commissioner Cox abstained.
MOTION PASSED: 8-0
Commissioner Wallace moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Choice Organics Cultivation Facility License based on the criteria and Land Use criteria found in the relative sections of the Larimer County resolution for Licensure of Retail Marijuana Establishments, file #13-G0257, for the property described on “Exhibit A” to the minutes, 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 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.
Commissioner Dougherty seconded the Motion.
Commissioners’ Christman, Dougherty, Gerrard, Jensen, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.
Commissioner Cox abstained.
MOTION PASSED: 8-0
REPORT FROM STAFF: Mr. Lafferty reminded the Commission of their upcoming meetings. He also suggested that after each hearing the Commission ask how the meeting went, what could have been done better, and any items/concerns that could be taken to a worksession.
The Commission agreed with the suggestion.
ADJOURNMENT: There being no further business, the hearing adjourned at 7:22 p.m.
These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.
_______________________________ ______________________________
Scott Glick, Chairman Nancy Wallace, Secretary
EXHIBIT A
Lot 24, Smithfield
