News Now Blog

An ordinance to regulate home cultivation of marijuana in unincorporated areas of Fremont County will go back before the Board of Commissioners on second reading with proposed revisions.   At the March 8th first reading of the ordinance a number of people addressed the board saying the marijuana regulations would particularly create an undue hardship on medical marijuana patients who grow their own marijuana or on their caregivers.

Fremont County Commission Chairman Ed Norden said the amended language in the ordinance drops references to acreage limitations and focuses instead on limiting the number of plants to be cultivated.   He said the changes also reflect more latitude for caregivers of medical marijuana patients.    Norden said while the commissioners are trying to respond to the desires of those who cultivate marijuana for medical purposes they still want to maintain the integrity of the ordinance that address the negative impacts to next door neighbors.

A red-lined copy of the amended ordinance has been posted on Fremont County’s home web page at www.fremontco.com so the public can review where the language has been changed.   The ordinance will come up for consideration on second reading at the Board of Commissioners’ regular meeting at 9:30 a.m. next Tuesday, March 22nd.   The Board expects to receive additional public comment at that time before any final adoption.

An ordinance that would regulate the cultivation of marijuana for personal use and by medical marijuana caregivers in unincorporated areas of Fremont County will come up for consideration by the Fremont County Board of Commissioners at their regular meeting next Tuesday, March 8th.    The ordinance will address restrictions on both indoor and outdoor cultivation of marijuana.   The ordinance places specific limits on the number of marijuana plants that can be cultivated.   It also restricts access by requiring fencing on all outdoor marijuana grows and addresses lighting, odors, and limits on visual observation of marijuana plants.

The ordinance will be considered on first reading and the Board of Commissioners will take public comment on the proposed regulations.    Citizens can also submit public comment in writing.   The proposed ordinance can be accessed and reviewed by the public by going to the Fremont County website at www.fremontco.com and clicking on the link under the public notice on the home web page.

The Board of Commissioners meets at 9:30 a.m. Tuesday, March 8th, in Room LL-3 of the Fremont County Administration Building.

An example of unfinished construction in western Fremont County that leaves a blight on some mountain neighborhoods. Fremont County secured a court order five years ago to clean up this property. Even then the owner would not comply. When the property went to tax sale the county worked with the new owner to clean up the entire property.

Dressed in red shirts in a display of unity, residents of the Copper Gulch area southwest of Cañon City on Tuesday again voiced their concerns that they are upset with trash filled properties and the proliferation of marijuana grow sites throughout their area.   John Garrou charged that the county has done nothing in hopes that if the county ignores them long enough they will go away.   Garrou is particularly upset about properties that may have secured building permits, started construction, but walked away and abandoned the property.   Garrou said those properties are the responsibility of the county zoning and building departments.

Rich Bandlow said he and his neighbors are upset everyday that they drive past the trash filled properties that aren’t addressed and wonder how they came to be living up there.   Bandlow said that when the “dopers’ moved in two years ago the problems got worse with the marijuana grow sites.  Bandlow said the residents are simply asking for the county to work with them to resolve the problems.

Commission Chairman Ed Norden said the problems are not unique to the Copper Gulch area.   He said the county’s code enforcement officers deal with similar problems around Penrose, Florence, and Cañon City adding that neighboring counties are dealing with the same issues.   Norden said he has to look at the problem from a budgetary standpoint.  He said given the budget cuts the county made during the recession he would have a problem hiring more code enforcement officers and another attorney to pursue all these matters in court when roads across the county continue to be substandard.   Norden said there has to be a median somewhere between enforcement, spending, and getting people to take pride in their own property.

District 2 Commissioner Debbie Bell said she agrees that the properties need to be cleaned up.   Bell said however that she believes in personal property rights and the county must follow due process of law in forcing property owners to comply and clean up their properties.   Bell and Norden said the county will continue to meet with staff to monitor progress on cleaning up problem sites across the county.

The commissioners on Tuesday also voted to approve a zone change for MountainDale Campground along Barrett Road located just south of the Fremont-El Paso County line.   Brian Emry was seeking the zone change from Ag Forestry to Travel Trailer Park and Campground zone in order to pursue expansion of the MountainDale Campground.     A number of neighbors along Barrett Road protested the zone change citing concerns about the threat of wildfire from campfires, drainage issues, increased traffic, depressed property values, and trespassing on private property by campers.    Several said the trespass problems already exist and will only get worse.

Emry said he has worked to resolve specific cases of trespass that came to his attention and has an employee who is vigilant about checking on campfires late at night to make sure campfires have been extinguished.   Emry also said he has an approved fire plan and 30,000 gallons of water storage, in addition to water on trucks and trailers.

In approving the zone change the Board of Commissioners noted that the MountainDale Campground has existed along Barrett Road since 1943 long before many of the residents built homes on neighboring property.   Chairman Norden said for that reason he believes the neighbors' concerns about lower property values are unfounded.

In other business at Tuesday’s regular board meeting the commissioners:

• Adopted a proclamation declaring March 10th as National Women and Girls HIV/AIDS Awareness Day;
• Approved a resolution terminating a conditional use permit for the AZCO gravel pit which earlier ceased operations;
• Approved a waiver for an annexation impact report for property owned by Sam and Dawn Smith who want to annex their property into the City of Cañon City.

The Fremont County Board of Commissioners gave final approval to an amended plan to allow Accessory Dwelling Units (ADU’s) in Fremont County at Tuesday’s regular meeting.    The ADU proposal was tabled from the November 24th meeting following opposition voiced by the Penrose Water District and the Beaver Park Water District.    Both argued that allowing ADU’s would increase density and create more demand for water which Penrose is not in the position to provide.

To address that problem the commissioners opted to amend the ADU proposal by doing away with a countywide overlay zone.  Instead the county will rely on a permitting process whereby a water provider such as the Penrose Water District could deny water service for Accessory Dwelling Units.   Penrose Water has already indicated they would require a second water tap for such ADU’s instead of connecting to the existing water line.

Commission Chairman Ed Norden said the ADU zoning amendment still requires a minimum lot size of one acre for ADU’s, that the property owner live in one of the residences, that the ADU have a separate entrance, that utilities be shared with the main residence, and that the primary residence be built on the property before the ADU.

District 2 Commissioner Debbie Bell said despite the continued opposition from the Penrose Water District the ADU proposal had a lot of support when it was first proposed last fall as a way to deal with the existing housing shortage in Fremont County.   District 1 Commissioner Tim Payne said there was also support from people who wanted to add on a so-called ‘mother-in-law’ cottage to house aging parents or their adult children who might not be able to afford other housing options.

The ADU amendment goes into force with adoption by the commissioners.    Persons wanting to add an ADU on their property must initiate an application process through the Fremont County Office of Planning and Zoning.

The commissioners on Tuesday also voted to approve the purchase of 20 Chevy Tahoes as part of the sweeping replacement of vehicles at the Fremont County Sheriff’s Department.   Replacement of the Sheriff’s high mileage fleet of cars was among the priorities listed when voters approved a one cent sales tax increase for the Sheriff two years ago.    County Finance Director Sunny Bryant said the fleet purchase is being accomplished through a lease-purchase arrangement in the amount of $1.2 million through U.S. Bancorp.    Bryant said after this initial 20 vehicle purchase the Sheriff proposes to rotate out about four vehicles each year in the future.

In other business at the February 9th board meeting the commissioners:

• Heard the Fremont County Tourism Council’s annual report from FCTC Chairman Steve Kaverman;
• Approved leases with Skip Moreau and Jason Dawson for skydiving landing zones at the Fremont County Airport;
• Scheduled a public hearing for Tuesday, February 23rd at 10:00 a.m. on a zone change request from Ag Forestry Zone to Travel Trailer Park and Campground zone for the Mountaindale Campground along Barrett Road near the Fremont-El Paso County line.   Mountaindale wants to expand to allow 26 new RV sites and convert existing cabins to other uses.    The campground has operated for decades along Barrett Road as a non-conforming use within the Ag-Forestry zone.