MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, October 20, 2003
LAND USE HEARING
The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Pro- Tem Rennels presided and Commissioner Gibson was present. Also present were David Karan, Geniphyr Ponce-Pore, Karin Knauf and Claudia DeLude, Planning Department; Doug Ryan, Health Department; and David Shirk, Estes Park Planning Department; Traci Downs, Engineering Department and Jean M. O'Connor, Recording Clerk.
Chair Pro- Tem Rennels noted that the following items are consent and would not be discussed unless requested by the Board or members of the audience.
Ms. Annzie Dart requested item #4, J-J Estates Preliminary Plat be removed from the consent agenda.
1. AMENDED PLAT OF LOTS 3A, 3B. 4A. & 4B, BLOCK 12 AND LOTS 9A & 9B OF BLOCK 11, WEST HIAWATHA HEIGHTS NW 1/4 OF THE SW 1/4 OF SECTION 23, T6N, R72W LOCATED ABOUT 1/3 MILE NORTHEAST OF RED FEATHER LAKES
This is a request to combine six (6) lots into one lot. The staff finds that the request meets the requirements of the Larimer County Land Use Code. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when the condition is met: 1. The applicant must make the changes to the plat requested by the County's Engineering Department in the Land Surveyor's 9/15/03 letter except also indicate "Block 11" on the drawing of Lots 9A and 9B; 2. Submit and obtain approval of a drainage plan if the Amended Plat will change existing drainage patterns.
This is a request to amend the plat of Green Mountain Meadows for Lot 4 in order to add a 10-acre portion of an adjacent metes and bounds parcel, and to vacate the easement located on the common lot line between this and the adjacent metes and bounds parcel. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when the condition is met 1. The Final Plat shall be recorded by April 20, 2004 or this approval shall be null and void.
This is a request for an amendment to the approved Timnath-Connell Pit Special Review in order to add an asphalt batch plant, office and shop. Staff recommendation is approval with the following conditions 1. Improvements completed, as well as operations within the amended portion of the Timnath-Connell Pit Special Review shall be as specified in the representations of the applicant and in the information contained in File #03-Z1476 and the subsequent Site Plan review, unless modified by conditions of approval; 2. A Site Plan must be reviewed and approved by Larimer County for conformance with County Land Use Code Requirements prior to the installation of the office and shop facilities within the boundaries of this Amended Special Review; and a separate plan including associated road improvements and landscaping for the batch plant must be completed and approved by County Staff and CDOT prior to operation of the batch plant; 3. The Site Plan for this Amended Special Review shall be in accordance with applicable floodplain regulations and standards, and shall be subject to review and approval by the Larimer County Flood Plain Manager; 4. All applicable Federal, State and County permits, including the Air Emissions Permit and the Process and Stormwater Discharge Permit shall be modified to reflect the proposed changes, and shall be approved prior to Site Plan approval; 5. Detailed plans demonstrating adequate provision of sewage and water services shall be provided to county staff at the time of Site Plan review, and shall comply with Larimer County and Section 8 Code Standards and be subject to review and approval by Department of Health Department; 6. The Poudre Fire Authority shall review and approve the Site Plan to assure conformance of the site access requirements, and shall review proposed structures to assure conformance with current fire codes and Section 8 Standards; 7. A Final Development Agreement shall be recorded with the Findings and Resolution of the County Commissioners for this amendment. The Development Agreement shall specify details of the project including, but not limited to timing of improvements, funding for improvements, and conditions of approval; 8. All CDOT required road improvements shall be completed by the developer and approved by CDOT prior to operating the batch plant, or when otherwise required by CDOT; 9. At the time of Site Plan review, a detailed landscaping plan shall be submitted and approved by staff that shall conform to Code requirements, and demonstrate adequate screening from I-25, the preservation of the tree stand and adequate irrigation for the landscaping; 10. Demonstration of compliance with all Larimer County Road Manual, Storm Water Management Manual, Access Policy and Right-of-Way Permit Application and Construction Guidelines is required at the time of Site Plan Review; 11. The following fee shall be collected at the issuance of the first building permit for the project: Larimer County fees for County and Regional Transportation. The fee amount that is current at the time building permit application shall apply; 12. Prior to building permit issuance for the proposed shops or office facilities, the applicant must contact the County Engineering Department and obtain a Development Construction Permit.
Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as amended and outlined above.
Motion carried 2 - 0.
4. J-J ESTATES SUBDIVISION PRELIMINARY PLAT SW 1/4 OF SECTION 18, TOWNSHIP 5N, RANGE 69W: LOCATED ON THE WEST SIDE OF COUNTY ROAD 23H, APPROXIMATELY 1 MILE NORTHWEST OF BOEDECKER LAKE.
This is a request for Preliminary Plat approval to subdivide an existing 13.6 acre lot in James Eller M.R.D. (Lot 5) into one 5.46 acre parcel and a 7.97 acre parcel. Staff recommendation is approval subject to the following conditions 1. The Final Plat of the J-J Estates Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #02-S1931, unless modified by the conditions of this approval; 2. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; 3. The issues related to rural development, fire department requirements, the requirement for an access permits and culverts, the need for engineered footings and foundations, the need for engineered septic systems, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code. The following fees shall be collected at the time of the building permit for new single family dwellings: Thompson R2-J school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 4. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 5. The final plat shall show building envelopes located outside the 100 foot wetland buffer area or delineate the non-buildable area for the proposed lots. The area identified shall be shown in a manner that is tied to the property survey and can be located in the field; 6. Footing and foundations for any new houses and septic systems must be constructed according to specifications by the Colorado State Geological Survey memo, from Celia Greenman dated June 9, 2003, including foundation design, perimeter drainage systems, drainage and septic systems (ISDS); D); 7. The applicant shall provide documents at Final Plat that serve to ensure that the owner of Lot 2 shall pay yearly dues to the Horsetail Ranch Estates Homeowners Association for their portion of the maintenance of Colt Drive and Lipizzan Drive; 8. During the Final Plat review process for this development and prior to approval, the applicant shall comply with the recommendations to resolve the technical issues found in the following referral letters Larimer County Engineering Department by Traci Downs, dated August 7, 2003, and Larimer County Health Department by Doug Ryan, dated August 6, 2003; 9. The Final Plat shall show the intermittent stream on the property and the building envelope for Lot 2 shall be located outside of the required 100 foot setback for such; and the applicant shall be required to resolve the wetland mapping issue to correctly identify any on-site wetlands and to revise the Final Plat to reflect correct on-site wetland areas or remove references to wetland areas, if none are found on the property.
Ms. Dart stated that area residents have concerns regarding the wetlands, contributions to the HOA and knowledge that the HOA fee can vary.
Ms. Diana Longmore asked if the driveway could come off County Road 23 instead of Lipizzan Drive.
Ms. Knauf stated that condition "7" addresses the HOA fees; newly proposed condition "9" addresses the wetlands; and that the proposed preliminary plat proposes the driveway off Lipizzan Dr. and staff has no objections since it is a publicly dedicated right-of-way.
Ms. Downs stated that the driveway as proposed exceeds the County standards. Ms. Longmore asked if it has to be 20-feet wide and Ms. Downs replied that it did not for serving one home; but that it could service additional homes in the future.
Mr. Rob Persichitte, representative for the applicant, clarified that the new owners would maintain the driveway and that the new owners would only pay their fare portion for the maintenance of Colt Drive.
There being no further discussion, public comment was closed.
Commissioner Gibson moved that the Board of County Commissioners approve the J-J Estates Subdivision as presented and outlined above.
Motion carried 2 - 0.
5. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE PUD DENSITY
This is a request to amend the PUD density requirements in the Estes Valley Development Code. Staff recommendation is that the following be added to Section 9.3.C.2 "Any unit that is less than or equal to 800 s. f. in size shall be considered a guest unit, regardless of kitchen configuration, for purposes of density calculations of a commercial accommodations use in a Mixed-Use PUD".
Mr. Shirk stated that the proposed addition to Section 9.3.C.2 has been unanimously approved by the Town Board and the Estes Valley Planning Commission and requested the Board's approval.
Chair Pro-Tem noted that there is no public present for this item.
Commissioner Gibson moved that the Board of County Commissioners approve the amendment to the Estes Valley Development Code as presented and outlined above.
Motion carried 2 - 0.
This is an alleged violation of Section 4.1.5 of the Land Use Code: Outside storage is not a permitted use in the O-Open zoning district and A junkyard is not a permitted use in the O-Open zoning district. Staff findings include 1. The property is zoned O-Open; 2. Outside storage is not a permitted use in the O-Open zoning district; 3. A junkyard, by definition in the Land Use Code, is not a permitted use in the O-Open zoning district. Outside storage is not a permitted use in the O-Open zoning district; 4. The continued use of the property, in violation of the Land Use Code, will affect property values in the area; 5. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own properties. Staff recommendation is to find that a violation exists and require compliance within 120 days. Compliance would require that all outdoor storage of junk be removed; and authorize legal action if the deadline is not met.
Ms. DeLude stated that she has had a conversation with the property owner and that due to his medical conditions, requested the Board require compliance within 120-days. Ms. DeLude further noted that the property owner would continue to keep staff posted on the progression to satisfy the violation.
Commissioner Gibson moved that the Board of County Commissioners find a violation exists, require compliance within 120-days, and authorize legal action if the deadline is not met. Compliance requires all outdoor storage of junk be removed.
This is an alleged violation of Section 4.1.18 Outside storage is not a permitted use in the C-Commercial zoning district. Staff findings are 1. The property is zoned C-Commercial; 2. Outside storage is not a permitted use in the C-Commercial zoning district; 3. Outside storage is only permitted, only by Special Review approval, in the I-Industrial zoning district; 4. The continued use of the property, in violation of the Land Use Code, will affect property values in the area; 5. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own properties. Staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. Compliance would require that all outdoor storage be removed.
Ms. DeLude stated that this item was before the Board in September 2003, but due to an error in the notice sent to the property owners, they were not present and staff agreed to re-schedule a hearing. However, due to an unexpected emergency, the property owners can not be present today and are requesting the item be tabled to December 15, 2003.
Commissioner Gibson moved that the Board of County Commissioners table this item to December 15, 2003 at 3:00 p.m.
Motion carried 2 - 0.
There being no further business, the hearing adjourned at 3:30 p.m.
TUESDAY, OCTOBER 21, 2003
The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were Donna Hart and Deni La Rue, Commissioner's Office; Gary Buffington, Parks and Open Lands; Marc Engemoen, Public Works Director; David Ayraud, County Attorney's Office; John Gamlin, Human Resources; and Jean M. O'Connor, Clerk to the Board.
1. PUBLIC COMMENT: Ms. Nancy Beal, Representative for the Little Thompson Stakeholders Group and another gentleman from the group, informed the Board that the Group is against the Windy Gap Firming Project being constructed in the valley.
Mr. Darrell Coble provided the Board with a letter objecting to the situation at the Carter Lake Marina.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 13, 2003:
Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of October 13, 2003 as presented.
Motion carried 2 - 0.
3. CONSENT AGENDA: Mr. Lancaster requested the Hatrixx Liquor License be removed from the agenda.
Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the amended consent agenda:
10212003A001 FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BARBARA J. MILLER FOR THE MILLER MINOR RESIDENTIAL DEVELOPMENT
10212003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANTON P. RIPSAM, JIMMI JO RIPSAM, AND THE RIPSAM FARMS CONSERVATION DEVELOPMENT HOMEOWNER'S ASSOCIATION FOR THE RIPSAM FARMS CONSERVATION DEVELOPMENT
10212003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND L. J. SCHUSTER, LLC AND POUDRE OVERLOOK HOMEOWNER'S ASSOCIATION FOR THE POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT
10212003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN AND CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT COUNTY ROADS 38 AND 5
10212003A005 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHURCH OF OUTREACH MINISTRIES AND HARVEST HEIGHTS OWNER'S ASSOCIATION, INC FOR THE HARVEST HEIGHTS SUBDIVISION
10212003R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY AND ACCESS EASEMENT IN KUNAU EXEMPTION
10212003R002 FINDINGS AND RESOLUTION APPROVING THE APPEAL OF THE WILLIS FARM AMENDED DEVELOPMENT AGREEMENT
10212003R003 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR RIPSAM FARMS CONSERVATION DEVELOPMENT
10212003R003 RESOLUTION APPROVING THE CONTACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR INTERSECTION IMPROVEMENTS AT COUNTY ROADS 38 AND 5
MISCELLANEOUS: Ripsam Farms Conservation Development Final Plat; Poudre Overlook Final Plat; Harvest Heights Subdivision Final Plat; and Cottonwood Farms Amended Plat for residential Lot B, Building Envelope 1.
LIQUOR LICENSES: The following license was both approved and issued Alpine Funtier- Tavern- Fort Collins, CO.
Motion carried 2 - 0.
Mr. Lancaster informed the Board that during the August 26, 2003 liquor license hearing for Hatrixx, LLC, the Board approved a Hotel & Restaurant license for up to 120-days to allow the Board further review of the application after a judicial review had been concluded. Mr. Lancaster clarified that the application before the Board is for a Tavern license not a Hotel & Restaurant.
Commissioner Gibson moved that the Board of County Commissioners approve a Tavern Liquor License for Hatrixx Tavern- Fort Collins, CO.
Motion carried 2 - 0.
4. WORK SESSION: Mr. Lancaster noted the Board has a work session this Thursday and asked if the Board needed a copy of the Alternative Governance Strategies and the Board replied in the affirmative.
Ms. La Rue showed the Board the "Cornerstone" for the new Courthouse Building and requested their preference regarding letter type, possibilities for the dedication ceremony, and approval of the verbiage on the cornerstone.
5. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 27, 2003: Ms. Hart reviewed the schedule with the Board.
6. COMMISSIONER REPORTS: Commissioner Gibson noted his attendance at events the previous week.
7. LEGAL MATTERS
EXECUTIVE SESSION (#191)
Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:05 a.m. and cited 24- 6- 402 (4) (e) and 24- 6- 402 (4) (f).
Motion carried 2 - 0.
Executive session ended at 11:05 a.m.; no action was taken.
THURSDAY, OCTOBER 23, 2003
LIQUOR LICENSE HEARING
CLUB OSIRUS, INC.
The Board of County Commissioners met with Linda Connors and William Resue, County Attorney's Office; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gael Cookman, Clerk's Office and Jean O'Connor, Recording Clerk.
Ms. Connors noted that this is a hearing for a Tavern License for Club Osirus, Inc dba Club Osirus and that there is no opposition in attendance. Ms. Connors asked if the applicants had all documents requested by staff. Mr. Jeffrey Holder, an applicant, replied that all are available with the exception of the Certificate of Occupancy (CO) and that it was not issued because the sub-contractor was behind schedule. Ms. Connors informed the applicants that the license would not be issued until such time that the CO is available to staff or when issuance is confirmed.
At this time Mr. Tad Buonamici, an applicant, was sworn in for testimony. Mr. Buonamici confirmed the items submitted as exhibits and noted that only one tenant within the complex was opposed to the license yet refused to sign the petition.
Ms. Connors stated that Mr. Buonamici had previously held a liquor license and asked for an explanation of and what the applicants intend to do to prohibit the problems experienced in the past. Mr. Buonamici stated that he should have been more familiar with the liquor license laws and what a "Rave" entails. Mr. Buonamici further noted he deeply regrets this bad business decision and made an agreement with the City of Fort Collins not to hold another license for three-years and stated his outlook regarding the responsibilities of holding a liquor license are totally different.
Ms. Connors asked how the applicant would familiarize himself with the Liquor Codes and Mr. Buonamici stated that he would educate himself on the different types of licenses and read and study the liquor laws. Mr. Buonamici also clarified that there would be no "18 & Over" nights at the establishment and no outside seating. Security would be at both entrances and outside; bartenders will receive TIPS training, work with the Sheriff's Office, and not serve suspected intoxicated patrons and a cab/friend would be called.
Discussion ensued regarding the responsibilities of each partner then Ms. Connors noted that there is still no public present.
Chair Bender refereed to the partnership agreement and that Mr. Holder is responsible for Mr. Buonamici's indiscretions as far as duties and therefore has no problem with the license. Commissioner Gibson stated that history would tell if the Board has made a mistake in approving this license and that the establishment would continue to be monitored; Commissioner Rennels agreed.
Commissioner Gibson moved that the Board of County Commissioners approve a Tavern Liquor License for Club Osirus, Inc. and authorize the Chair to sign.
Motion carried 3 - 0.
There being no further business, the hearing adjourned at 2:10 p.m.
THOMAS G. BENDER, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O'Connor, Clerk to the Board