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HomeMy WebLinkAboutMinutes 10/24/17 PUBLIC HEARING October 24, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Bryan Treu Interim County Manager Beth Oliver Interim County Attorney Holly Strablizky Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner McQueeney thanked the El Jebel community for its participation in the discussion related to the temporary moratorium on land use files. She appreciated the support. She believed it was the start of a good process that would involve a lot of community input. Commissioner Chandler-Henry reminded everyone to vote. Ballots were due by 7 PM on November 7th Consent Agenda 1. Intergovernmental Agreement between Eagle and Arapahoe County for GovPrime/HSConnects software use Kathy Lyons and Amanda Bay, Department of Human Services and IT 2. Services Agreement between Eagle and Arapahoe County for GovPrime/HSConnects software use Kathy Lyons and Amanda Bay,Department of Human Services and IT 3. Agreement for Procurement and Installation Services between DBT Transportation Services and Eagle County Alex Everman,Airport 4. Ratification to Buy Property at 290 Spring Creek Bryan Treu, Attorney's Office 5. Approval of the Minutes of the Board of County Commissioner Meetings for June 13,June 20,June 26 and June 27,2017 Kathy Scriver, Clerk&Recorder's Office Commissioner Chandler-Henry moved to approve the Consent Agenda for October 24,2017, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Ryan opened constituent input. 1 10/24/2017 Joanne Rock stated that although she supported Ballot Issue 1A,the spending was unclear. She was hoping to have access to information regarding the spending. She wanted to make sure that the moneys in excess of$1.2 million would not go to the general fund. Chairman Ryan responded. She felt fairly certain that the county had identified the need and gaps in services, some were school based services, some jail services, and possibly a short term crisis stabilization unit. A group of mental health professionals from the community would review the needs and the gaps and determine the best use of the funds. The money would be invested in the community and would not go into the general funds for county operations. Mr.Treu stated that the first year 2.5%would be collected, and after that it would increase 0.5%per year. It would take 6 years to get to 5%.The ballot question did state that anything above$1.2 million would go into the general fund,but the funds would be reinvested in the community. Marlene Kunkel,Board President of the Eagle Cemetery District, spoke. She explained why there was an issue on the ballot to increase their mill levy. Currently they were at a .266 mill levy which gave them approximately$50,000 a year, and their expenditures were also about$50,000 a year. They hoped to increase the mill levy and build in order to rebuild reserves for future expansion. The increase was in line with the rest of the cemeteries in the valley. Chairman Ryan closed constituent input. Business Items 1. Presentation of Donation to Shaw Cancer Center for the'Tough Enough to Wear Pink'Partnership during the 2017 Eagle County Fair and Rodeo Tanya Dahlseid,Fair and Rodeo Ms.Dahlseid, Eagle County Fair and Rodeo Manager explained the details of the donation. During the 2017 Fair and Rodeo, $15,720 was raised during the Tough Enough to Wear Pink event. The majority of the donations came from 4-H members who donated their animals. Erin Perata,a social worker at the Shaw Cancer Center, spoke. The money went towards patient assistance and therapy. She thanked everyone who came out to support them. 2. Resolution 2017-070 Supporting Ballot Issue lA-Funding Mental Health and Substance Abuse Services in Eagle County through the Taxation of Retail Marijuana Bryan Treu,Administration Executive Summary: The Eagle County Board of County Commissioners submitted a ballot question for the November 7 election authorizing a sales and excise tax increase for the purpose of funding mental health and substance abuse services in the county. Through passage of this resolution,the commissioners wish to encourage constituents to vote'yes'on Ballot Issues 1 A. Mr. Treu stated that this was the first year the local jurisdiction could collect sales tax on retail marijuana. If approved the tax would begin at 2.5%and increase 0.5% each year until the 5%limit was reached. The money would be put towards some community needs. Mental health and substance abuse was one of the highest identified needs. The ultimate plan was to have a local mental health center in Eagle County. Commissioner Chandler-Henry explained that the lack of mental health services had been an issue for a long time. Staff across the board believed that mental health was not being addressed. She believed that his was a creative idea and a creative funding stream. Commissioner McQueeney stated that the one-in-four adults were impacted by some sort of mental illness or substance abuse crisis annually. Chairman Ryan believed there was a lack of mental health services in the community. It was daunting to know that people had to drive two hours west or east to get care. The board felt strongly that these were services that communities needed to have locally to keep residents healthy and well. 2 10/24/2017 Commissioner Chandler-Henry moved to approve the resolution supporting Ballot Issue 1A-Funding Mental Health and Substance Abuse Services in Eagle County through the taxation of retail marijuana Chairman Ryan seconded the motion. The vote was declared unanimous. Planning File 1. ZS-6675 Copper Spur Marijuana Cultivation Sean Hanagan,Planning File Number: ZS-6675/Special Use Permit Project Name: Copper Spur Marijuana Cultivation Facility Location: 1450 Copper Spur Road Owner: Jacob Wise Applicant: Same Representative: Greg Macik,TAB Associates Staff Planner: Sean Hanagan Staff Engineer: Riche Davies Executive Summary: The Applicant requests review of a Special Use Permit to operate a five-point eight(5.8) acre marijuana cultivation facility consisting of six(6)greenhouse structures on the property; one(1)acre will be dedicated as outdoor grow.In addition, one Medically Infused Products(MIP)building will be constructed. Discussion: Mr.Hanagan opened the file. He introduced Greg Macik and provided someone background in terms of policy for Eagle County. Copper Spur Ranch was located between Bond and McCoy. He showed a site plan that identified the layout of the proposed operation. The purpose of the Special Use Permit was to look at specific standards and determine that a use that was not normally allowed in a zone district could be approved through conditions and design. This was a consolidated Special Use Permit so once approved;the cultivation facility could begin immediately. Staff determined that this file was in conformance with the Comprehensive Plan. The use was rural agricultural in nature, and in terms of compatibility with surrounding land uses, it was similar to what had been historically found on Copper Spur Road. The overall design of the facility minimized environmental impact. The lot was a 92-acre parcel and had an onsite wastewater treatment facility. Commissioner Chandler-Henry asked if any variances were requested. Mr. Hanagan indicated that there were none. Commissioner Chandler-Henry asked if there were any comments or letters from neighbors or the general public. Mr. Hanagan stated that there wasn't anything from the adjacent property owners,but there was someone from the public present to speak. Commissioner McQueeney wondered how many plants were on one acre. Jim Wells,Manager with Copper Spur Growth, stated there was about 50 sq. ft.per plant,possibly 800 plants on an acre. His partner was Jacob Wise who was his partner and had the vision for the operation;he recently passed on October 13th of this year. He was the executive of Mr.Wise's estate and would be managing the operation. Greg Macik with TAB Associates presented a history of the property. The property was approximately 2 miles from Highway 131 and was remote. He provided images of the site and home. The operations would be 8 am to 8 pm daily with approximately eleven employees. The operations included growing, drying, and oil extraction. The site was approximately 200 ft. from the existing home. The first phase would include grading for the platforms and ponds and the building of two greenhouses. The second phase would be water and the augmented plan. Traffic would be 9 to 10 months,March through December.The heaviest months would be May through September. The applicant expected$4 to 5 million per year in sales. Commissioner Chandler-Henry wondered if all eleven workers would live on site. Mr.Wells stated that there were three homes on the 92-acres, and they hoped to rent those homes. During the prime part of the grow season,there would be permanent employees living in the houses. During harvest there 3 10/24/2017 would be subcontractors. There would be four to five permanent employees that would live on site. The homes were in good living condition. Commissioner Chandler-Henry asked if staff was comfortable with the water plan as far as augmentation and diversions. Holly Strablizky,Assistant County Attorney, stated that it was her understanding there would be a condition to have the amount of water diverted from the Colorado River in the amounts of the diversion plus the transit loss during the first phase. Those amounts would have to be available under a River District contract. During the second phase the applicant intended to drill a non-exempt well and obtain a plan for augmentation through the Water Court process which would require a River District contract as well to cover depletions caused by the well. Commissioner Chandler-Henry asked staff if there were any road issues with the application. Rickie Davies, Staff Engineer, stated that there were no issues. Commissioner Chandler-Henry asked about the disturbance of the site and if there were weed control issues. Mr. Macik stated that there was a bike path on the property at one time and different uses. He was unaware of any weed issues. Chairman Ryan had a question on the standard, conformance with the compressive plan. She wondered about the wages for employees. Mr.Wells stated that the master grower and his number one man would be making good wages and the labors would be making way above average wages. The subcontractor help was charged by the pound. He believed it was a good living. Chairman Ryan opened public comment. Sarah Baker spoke on behalf of Kelly and Andrea Reiman. Her clients owned 150-acres at the intersection of Highway 131 and Copper Spur Road. She stated that the uses were not uses by right in this zone district, and the concerns were primarily related to compatibility of this proposed use and the surrounding land uses. Kelly Reiman stated that he lived on his property for four summers, and he and his wife chose the property for its privacy. They had major concerns with the compatibility of this use. The issuance of the permit would have a material adverse impact on their quality of life.He had senior water rights and was concerned with the diversion of water. If water was trucked in,the traffic would impact the traffic count. The operations seemed like a commercial operation bringing more traffic and people. He asked that the board deny the application. Ms. Baker stated that the Land Use Code standards required that the board determine that the use was compatible with adjacent and other impacted lands. These types of uses were uses by right in commercially zoned areas of the county; they were not uses by right in agricultural and recourse zone districts for a reason. The lease provided in the applicant's package referenced cannabis related events, and this was concerning. The use was not consistent with the comprehensive plan. The character of the area was historical and agricultural,and this proposal would change that character. The impact on adequate water was concerning. Trucking in water was not an adequate supply of water. She read a letter from one of the neighbors expressing concerns about the land owner, Jim Lyons. The letter indicated that Mr. Lyons was untrustworthy and irresponsible. Chairman Ryan asked that Ms. Baker stop reading the letter because the party was not present and the reading of the letter felt slanderous. Ms. Baker concluded. Given the concerns about compatibility and who would be running the operation and responsible for it,they requested that the board deny the application for incompatibility and failure to satisfy the requirements of the code. If the board determined they would like to proceed in issuing a permit,they requested a condition requiring annual review. Laurie Lyons,wife of Jim Lyons spoke. She stated that since the Reimans moved in,the water commissioner had been called upon repeatedly, and they had never been in violation or taken a drop of water that wasn't theirs. Mr.Reiman would have been aware of his rights when he purchased the property and also been aware of the history of the property which was,there was not enough water for his home. Her 7,500 sq. foot home that had been there for 20 years was adjacent to the grow operation. She opposed the last approved grow operation but since the other operation went in, she hadn't noticed any issues or increase in traffic. This operation would sustain her family. She owned and operated 60,000 apartments throughout the United States and believed she was capable of operating the three rental units on her property. She was only doing what's allowable to produce some income. The neighborhood was not a retirement community;rather it was an active community. She opposed the 4 10/24/2017 first grow operation,but now she was completely on board with leasing her land for this one because it made sense and was productive. She was very upset about the accusations against her husband. Chairman Ryan closed public comment. Chairman Ryan asked about the legal applicant of record, and if there were any issues with the passing of Mr.Wise. Ms. Strablizky stated that Mr. Wise was the applicant, and the lease was to Copper Growth Farm LLC. Based upon the passing of Mr. Wise,there would need to be some amendments to the application. Mr. Wells would need to clarify if the business would operate under the estate of Mr. Wise or the LLC. This was something that could be accommodated under the circumstance of Mr.Wise passing so recently. Chairman Ryan asked Ms. Strablizky to touch on the concerns regarding water from Mr.Reiman. Ms. Strablizky stated this first phase was being trucked in and was diverting from the Colorado. The applicant anticipated drilling a well that was tributary to the Colorado River not Yarmony Creek. They would also need to receive approval from the Water Court. Commissioner McQueeney asked if the water trucks were included in the traffic study. Mr.Davies stated that they were. Commissioner Chandler-Henry asked about the cannabis related events. Mr. Hanagan stated that such events would not be allowed under this permit, although they could apply for a mass gathering permit. Commissioner Chandler-Henry asked if annual review was part of the process or needed to be added as a separate condition. Mr.Hanagan stated that annual review was part of the marijuana licensing protocol. The applicant would need to continue to maintain the applicant's license and state approval. Chairman Ryan asked about the operation and if it was visible from the road or anyone's property. Mr.Macik stated that the stated that the operation was not visible. Commissioner McQueeney wanted to be clear that the possible tax revenue had no bearing on the file. Commissioner Chandler-Henry thanked staff for a good presentation and concurred with staff's findings. She believed that marijuana was a new agricultural crop, and she was proud that Eagle County for supporting agricultural activities.The request for annual review was legitimate. She was prepared to vote yes with conditions. Commissioner McQueeney thanked the public for their input. She was satisfied that the standards were being met. Chairman Ryan concurred with the other commissioners. It seemed that the issues referred to in the referral comments had been addresses. Commissioner McQueeney moved to approve file no.ZS-6675 with conditions and/or performance standards. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 04104 c,% There being no further business • e o r.' he meeting was .•'•. ed until e o%er 31,2017. * go°* Attest' atir r er the Board • an 5 10/24/2017