The Larimer County Planning Commission on Oct. 15 voted to recommend that the Board of County Commissioners approve an amended special review for Bear Tribe LLC’s Fire Mountain residential program at 5532 E. U.S. Highway 36, near Estes Park, to remove a previous age restriction and increase the facility’s capacity to 45 residents.
Planner Laura Cullerton, Larimer County, told commissioners the property is roughly 38.9 acres and has prior approvals dating to 1982 and a 2013 special review allowing a state‑licensed group home with a 24‑resident cap. "The applicant today is requesting approval of an amended special review for the state licensed group home to remove the previously approved age restrictions and increase capacity from 24 to 45 individuals," Cullerton said.
The request drew questions from commissioners and objections from nearby property owners and managers of the Jellystone Park of Estes campground, who said a 2016 incident involving several program residents led to thefts and vandalism. "These incidents resulted in theft and damages not only to Jellystone Park facilities, but also theft and damage to guest belongings and equipment in the campground," Rick Spear, a representative of Jellystone Park, said during public comment.
Applicant representatives said the facility has operated at the site since 2013 and argued the change is needed because of insurance and business pressures. Attorney/representative Bob Choate described the current request as a change to a long‑standing use rather than a new use. Owner Christine Porta said the owners have worked with county reviewers and state agencies and that their plan if the change is approved is to continue operations or to sell the property; "No. Our plan is to try and sell the property. It's been for sale for 3 years," she said.
Commissioners pressed applicants on several operational topics that are handled outside land‑use approval, including whether adults and juveniles would be mixed, staffing, traffic, and whether clients can be placed there as a condition of probation. Staff and the applicant said licensing prohibits mixing juveniles and adults; county attorney Christine Lukasen cautioned the commission against tying land‑use conditions to potential future criminal acts. "This board ... would not be able to, justify ... a condition based off potential future criminal activity that may or may not happen," Lukasen said.
After deliberation the commission approved a motion to recommend the Board of County Commissioners approve the amended special review subject to the 20 conditions presented in staff materials, including limits on residents and animals, required state licensing and county health approvals, and a three‑year expiration if the use does not commence. Commissioner John Slutsky made the motion; Commissioner Connor Duffy seconded. A roll call vote recorded unanimous support from commissioners present.
Why it matters: The proposed change would raise the program’s on‑site residential capacity and remove the previous age cap, a shift the applicant says is necessary to keep the operation viable. Neighbors and nearby businesses raised concerns about past criminal activity and about perceived safety and traffic impacts; staff concluded the proposal meets applicable Larimer County land‑use criteria and added conditions designed to address referral agency concerns.
What happens next: The commission’s recommendation goes to the Board of County Commissioners for a final decision. Staff materials and the motion spell out 20 conditions of approval and requirements for state licensing, septic modifications and monitoring, and building‑permit compliance.
Votes at a glance: Planning Commission — Recommend approval, motion passed unanimously (roll call recorded as all present voting yes).