Following the Pledge of Allegiance, Chairman Giese opened the meeting at 9:00 a.m.

Transcription

1 The regular meeting of the Board of Commissioners was held on Tuesday, in the Room at the Courthouse. Board members present were Chairman Dennis Giese, Commissioner Dave Potts, and Commissioner Frank Holman. Others present were Director of General Administration Robert Christiansen, Director of Finance Dan Short, County Attorney Jenny Davis, County Development Services Director Don Reimer and Deputy County Clerk Jennifer O Neill. Following the Pledge of Allegiance, Chairman Giese opened the meeting at 9:00 a.m. Verification of Distribution of the Board of Commissioners Agendas Chairman Giese asked Deputy Clerk O Neill for verification regarding the distribution of the Board of Commissioners Agendas. Deputy Clerk O Neill stated that the agendas were properly distributed. Items for Review Public Notices. Public Comment There were no public comments. Agenda Item A Hearings and consideration of recommendations from the June 24, 2014 Planning Commissioner Meeting a. Applicant: Salida Airpark Subdivision Applicant: Chavara Ranch, LLC David Gertz Location: N½N½, Section 2, Township 49N, Range 8E, N.M.P.M - Zone: Industrial - Request: To divide 36.5 acres into 15 lots with the minimum lots size being 2.01 acres; water by wells, wastewater treatment by septic systems. Chairman Giese opened the public hearing at 9:04 a.m. Development Services Director Reimer presented the application and the staff report. He stated that the property had dual zoning. A portion of the property close to the airport was zoned Industrial while the rest was Rural. The Planning Commission unanimously recommended approval based on their findings. Surveyor Mike Henderson, 203 G Street, Salida, Henderson Land Surveying, stated that concerns about the wells would be addressed with a hydrological study. Chairman Giese had questions regarding a possible crosswinds runway and airport expansion. Page 1 of 6

2 Chairman Giese closed the public hearing at 9:19 a.m. The Board held discussion. Commissioner Holman made a motion to approve the Sketch Plan for the Salida Airpark Subdivision with the staff observations and findings. Commissioner Potts seconded the motion. On the question, the motion passed 3 0. b. Zoning Map Amendment Applicant Hard Rock Paving and Redi-Mix, % Fremont Paving/John Ary Owner Location: Property is located at County Road 383, in the S½NW¼, Section 5, Township 14 South, Range 78 West, 6 th PM, Buena Vista - Current Zone: Residential - Proposed Zone: To consider Commercial Zone. Commissioner Potts recused himself due to possible conflict of interest. Chairman Giese opened the public hearing at 9:21 a.m. Development Services Director Reimer presented the staff report from the Planning Commission. He stated that the Planning Commission recommended the Board deny the request for a zoning change by a 4 2 vote. Applicant Chuck Reavis, 8990 County Road 164, Salida, reviewed the request for a zoning change. He stated that he respectfully disagreed with the Planning Commission and their findings. Chairman Giese asked Development Services Director Reimer what the difference in land use codes were between Commercial and Residential zoning. Development Services Director Reimer replied that there were many more commercial activities allowed when zoned commercial although many did not relate to gravel/mining activities. Chairman Giese closed the public hearing at 9:45 a.m. The Board held discussion. Chairman Giese stated that he struggled with the findings of the Planning Commission. He believed zoning this property commercial would not create an island of commercial as the property touches commercial and industrial zones. Commissioner Holman stated that his intent all along was to ensure that the property owner was not impacted by any zoning changes. He felt that the best zoning option right now was commercial. Page 2 of 6

3 Chairman Giese made a motion to approve the request to change the zoning from residential to commercial because of expansion of the commercial property, the new zoning in the area and the comprehensive plan commercial zoning would better reflect the use of this property and directed the County Attorney to create a resolution. Commissioner Holman seconded the motion. On the question, the motion carried 2 0. Agenda Item B Consider a request for a Retail Marijuana Business License (Optional Premise Cultivation) from 3-D Denver s Discreet Dispensary, LLC, dba 3D Cannabis Center. Development Services Director Reimer presented the application to the Board. He stated that the Building Department was reviewing the structures to ensure they complied with current code. There was an odor mitigation concern due to the use of hoop houses rather than a permanent structure with a mechanical odor mitigation system. There were a few conditions to be met if the Board chose to approve the application. Chairman Giese had questions regarding the structures on the property and what was currently being grown on the property. Applicant Toni Fox, Thor s Way, Salida, stated that they were currently growing 500 medical marijuana plants. She stated that this number of plants would be a good test of odor mitigation plans to use sage and carbon filters. Chairman Giese asked what state laws were regarding wholesale recreational sales. Ms. Fox replied that the state law would change October 1, 2014 and after that, standalone, wholesale cultivation facilities would become legal. Chairman Giese opened public comment at 10:12 a.m. Martin Woods, 230 West 16 th, Salida, stated that he had concerns regarding the applicant s odor mitigation plan. He had to contact a mechanical engineer and present a mechanical odor mitigation plan before receiving a license. Development Services Director Reimer stated that the use of hoop houses changed the odor mitigation needs and it was something that would need to be investigated. Applicant Barry Fox, Thor s Way, Salida, addressed the odor concerns brought forth by Mr. Woods. Chairman Giese asked who decided if there was an odor problem and what, if any, the standard was for odor and odor mitigation. Development Services Director Reimer stated that the Board would decide if there was a problem. Currently, there was no standard in place. Page 3 of 6

4 Kathy McQuillan, Salida, had concerns regarding if the state would inspect the property to make sure the applicant was compliant. She also stated that the applicant seemed to be receiving favoritism. Christina Snyder, Salida, stated that, as she understood it, there had been issues with applicant s application when they first applied in February. She was also concerned with the property being close to houses, effects on the soil, use of hoop houses and lack of odor mitigation. Brandon Brown, Salida, stated concerns regarding odor affecting people rafting, where the water being used for the plants was coming from, how much was being used and who was paying for it. Mr. Fox addressed the concerns regarding the wells. He stated that there were some questions regarding whether they would even be staying on the property for the longterm. Mr. Woods stated that he was not given the option to plant sage plants around the outside of his building. He also stated that there was a smell from the plants all the time, not just when they were in bloom. Development Services Director Reimer clarified that the odor mitigation system was not required to be a mechanical system. Applicants have to propose some sort of mitigation. Chairman Giese closed public comments at 10:35 a.m. The Board held discussion. Commissioner Holman asked where medical marijuana users were getting their product with all the stores transitioning from medical to recreational. Mr. Fox replied that people with medical marijuana cards could still purchase products at a retail store. They are taxed at a different rates and a medical card meant less tax. Commissioner Holman stated that while he could support medical use of marijuana, he was opposed to recreational marijuana. Commissioner Potts stated that there appeared to be a double standard regarding permanent versus temporary growing houses and the requirements for the operations. Development Services Director Reimer stated that Resolution Section 7c explained the building permit requirements and Section 7d stated that differences in the structures meant there were differences in odor mitigation plans. Page 4 of 6

5 Mr. Fox stated that marijuana was meant to be grown outdoors and that was what the industry should be aiming for. Mr. Woods stated that regardless of where the plants were grown, odor needed to be mitigated. Chairman Giese made a motion to approve the application for 3-D Denver s Discreet Dispensary, LLC to move to a retail grow operation pending four conditions including an independent scientific report verifying that the applicant s proposed plan is appropriate for odor mitigation year-round, the property tax being current, approval from the state and the building department s confirmation that the buildings are compliant with code. Commissioner Potts seconded the motion. On the question, the motion carried 2 1, with Commissioner Holman voting no. Agenda Item C Discussion regarding County Road 102 right-of-way and the potential O Neill Boundary Line Elimination. Development Services Director Reimer presented the right-of-way and boundary line issues. He stated that it was not related to the Cleora Railroad crossing. The applicant had originally requested to eliminate boundary lines when it was noticed that the easement for the bridge was no longer in the correct place. Attorney Michael Wilbur, 134 F Street, Salida, stated that he looked at the deeds on the property and determined, in 1984, a previous owner granted the easement to the county. He stated that his client wanted to discuss easement and right-of-way options with the County. The Board discussed the possible options. No official action was taken on this item. Agenda Item D Consider a resolution delegating spending authority during emergencies. Director of Emergency Management Lisa Ortega presented the draft resolution to the Board. Commissioner Potts made a motion to approve Resolution , authorizing the Director of Emergency Management to declare a Local Disaster Emergency and further granting spending authority of up to $100,000 to the Sheriff, Undersheriff, the Director of Emergency Management, the Director of Finance, and the Director General Administration for the purpose of initiating Emergency Response Measures in the event of a Disaster Emergency such as wildfire. Commissioner Holman seconded the motion. On the question, the motion passed 3 0. Page 5 of 6

6 Agenda Item E Set date and time for a public hearing for a Special Events Permit to serve malt, vinous, and spirituous liquor for Colorado Cattlemen s Agricultural Land Trust, from 4:00 p.m. to 10:30 p.m. at the Hutchinson Ranch, 9104 U.S. Highway 50 West, Salida. Chaffee County Clerk Joyce Reno presented the application. She stated that a Public Notice needed to be posted for 10 days at the event location before a public hearing could be held. The Board set the Public Hearing for the Board of on August 5, 2014 at 9:00 a.m. Agenda Item F County Assessor Mosby Reports: Assessed Value Report for the year 2014 Personal Property Non-Filers Real and Personal Property Protests Valuation of Real Property County Assessor Brenda Mosby presented preliminary information for the Assessor s Office for the year There was discussion on the various topics. Consent Agenda Report from the County Veterans Service Office for June 2014 Pay bills. Commissioner Holman made a motion to approve the Consent Agenda. Commissioner Potts seconded the motion. On the question, the motion carried 3 0. Old Business County Road 302 Cleora Railroad Crossing County Project Status There being no further business to come before the Board, the meeting adjourned at 11:52 a.m. Attest: Joyce M. Reno Chaffee County Clerk Page 6 of 6