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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, SEPTEMBER 12, 2005
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner. Chair Rennels presided and Commissioners Wagner and Gibson were present. Also present were: Jim Reidhead, Rural Land Use Center; Al Kadera, and Casey Stewart, Planning Department; Christy Coleman, and Traci Downs, Engineering Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.
Chair Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics. Chair Rennels then explained that Item #3, regarding the Jackson Zoning Violation, would be considered first.
Mr. Kadera stated that the owner is in the process of determining if there is indeed a nonconforming use occurring on the property. He then recommended tabling the Jackson Zoning Violation, File #04-ZV0240, to November 21, 2005, at 3:00 p.m. Property owner, Judy Jackson, addressed the Board and stated that she was in agreement with tabling this item. Chair Rennels noted for the record that no one in the audience was present to discuss this item.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners table the Jackson Zoning Violation, File #04-ZV0240, to November 21, 2005, at 3:00 p.m.
Motion carried 3-0.
At this time a citizen requested to make a statement about the Land Use Code. Ms. Lisa Ashbach asked the Board to consider updating the Land Use Code to regulate the form of development and let the use of the land follow the form. Chair Rennels invited Ms. Ashbach to send written comments regarding this idea so they could discuss this idea at the next staff meeting. Commissioner Wagner also requested Ms. Ashbach to include examples as to where or how this practice could be utilized.
Chair Rennels explained that Item #1, regarding the Wagner Rural Land Use Plan Time Extension, is on consent and would not be discussed unless requested by the Board, staff, or members of the audience. There was a request from the audience to pull this item from the Consent Agenda.
1. WAGNER RURAL LAND USE PLAN (RLUP) TIME EXTENSION - #04-S2235: This is a request to extend the Preliminary approval for the Wagner Preliminary Rural Land Plan for nine months beyond the 90-day extension allowed by the Rural Land Use Process. The preliminary approval for the Wagner Rural Land Plan was granted on May 24, 2004, and the Findings and Resolution was signed by the Board of County Commissioners on June 22, 2004, and recorded June 22, 2004, at Reception No. 2004-0060481. The applicant is requesting a nine-month extension to complete the project’s water commitment, engineering, and survey requirements. The applicant has received one 90-day extension to the Final Plat and Final Development Agreement deadline (allowed by the Rural Land Use Process, Section 5.8.5.C.17), which will expire on September 20, 2005. The applicant is requesting an extension of the final plat deadline for nine months, expiring on and including June 20, 2006.
The Northern Colorado Water Association (NCWA) will provide domestic water for the eastern cluster of 21 residential units. However, NCWA was unable to make a commitment to provide water until they received authorization from its members to expand its facilities. Authorization was received this summer as a result of an association-wide election. Use of NCWA water was a condition of approval for this project. The applicant lost 8-10 months of time while waiting for the NCWA election. With a commitment from NCWA forthcoming, the applicant needs this extension to have sufficient time to complete the project documentation for final approval.
Staff findings are as follows: 1. The Wagner Preliminary Rural Land Plan was approved June 22, 2004, with conditions. 2. The applicant is requesting a nine-month time extension to submit the Final Plat, Final Development Agreement and other required submittals. 3. The proposed project is important because it is compatible with other land conservation efforts in the area. Developing through the RLUP, rather than the other development alternatives, will provide significant benefits to Larimer County. Staff recommendation is for approval of the nine-month extension of the Wagner Preliminary Rural Land Plan until June 20, 2006. All conditions of approval as stated in the Findings and Resolution dated June 22, 2004, continue to apply.
Mr. Reidhead explained the history of this project as outlined above, and Chair Rennels asked for public comment. Teresa Alcorn, adjoining neighbor, explained that she has not been kept informed regarding the progress of this RLUP, and she expressed concern with the impact it will have on the water and the roads. Ms. Alcorn stated that she attended a community meeting on March 10, 2004, regarding this RLUP and questioned why the extension is necessary. Chair Rennels explained that the applicant had to wait until the water issues were resolved by the NCWA. Mr. Reidhead described how the home sites will be situated, and explained that the building setbacks and buffers were increased due to concerns that were voiced at the community meeting. Bob Alcorn asked if the applicant had approval, in writing, from the NCWA. The applicant, Larry Wagner, stated that he currently does not have written approval from the NCWA, which is why he is requesting the time extension. Chair Rennels closed public comment and the Board agreed to support the applicant's request.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the Wagner Preliminary Rural Land Plan Time Extension subject to all conditions of approval as stated in the Findings and Resolution dated June 22, 2004.
Motion carried 3-0.
2. JOHNSON J-K APPEAL - #05-G0084: This is a request to appeal Section 4.8.9.B.1 of the Land Use Code that contains regulations for expanding nonconforming buildings. This section of the Code limits addition size to no more than 25% of the square footage of the original building that legally existed on January 1, 2000, and no more than 1000 square feet total. The applicant proposes to construct an addition to her existing residence, which is currently approximately 16 feet from the front property line, but requires a building setback of 25 feet. The residence is nonconforming with respect to the required front setback.
According to the applicant, the residence was constructed about 1957, prior to the setback requirement. The owner wants to add on to the existing structure to the west (rear). The addition, including expanded living area, kitchen, and bedrooms, is greater than 25% (Existing = 675 square feet; addition = 1375 square feet) of the floor area of the existing building, and more than 1000 square feet. The proposed addition is located more than 25 feet from the front property line. The County Engineering Department offered no objection. The Department of Environmental Health commented that the adequacy of the existing septic system will need to be assessed during the building permit application process. If changes to the septic system are needed, it will be necessary to verify the location of public sewer in order to determine if a connection would be more feasible than modification of the septic system.
No objections have been received from any surrounding property owners or interested county, state, or federal agencies. The lot is accessed from an internal subdivision road, not a county road; therefore the project will have no increased impact to county roads. Two neighbors provided written comments encouraging approval of the appeal. The addition would not subvert the purpose of the Code and will have little if no impact on the surrounding area.
The Development Services Team finds the appeal meets the review criteria of Section 22.2.3 as outlined in the Land Use Code. The Development Services Team recommends approval of the Johnson J-K Appeal, File # 05-G0084 subject to the following condition: 1. The applicant shall obtain all required permits and inspections for the addition in accordance with the allowed time frame for a building permit.
Mr. Stewart explained the request as outlined above, and displayed an aerial view of the applicant's property. Mr. Stewart noted that he had received letters from surrounding neighbors in support of the appeal. The applicant, Kami Johnson, addressed the Board and explained that they simply wish to add more square footage to their small home. Mrs. Johnson presented the Board with a letter from an adjoining neighbor who indicated his support for this their appeal. Chair Rennels noted for the record that no one in the audience was present to comment on this item.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Johnson J-K Appeal, File #05-G0084, subject to the condition as outlined above.
Motion carried 3-0.
The meeting recessed at 3:30 p.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Principle Planner. Chair Rennels presided and Commissioners Wagner and Gibson were present. Also present were: Al Kadera, and Karin Madson, Planning Department; Doug Ryan, Environmental Health Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.
1. LAND USE CODE AMENDMENTS - #05-CA0056: This is a request to make a number of changes to the adopted Land Use Code. Mr. Kadera explained that some changes are minor wording changes because of typographical errors or inconsistencies among parts of the Code. He noted that a few of the changes are needed because there are unintended consequences resulting from the current wording. Mr. Kadera stated that the most substantial change concerns the requirements for guest quarters. Mr. Kadera outlined the changes as recommended by the Planning Commission and the Development Services Team, as follows:
Item #1: Amend the Land Use Code, Section 4.3.10.F, by replacing it with the following:
4.3.10.F Accessory Living Area. Finished habitable space in a single family dwelling or in a detached building that is clearly accessory to the single family dwelling. Accessory living area may contain a complete dwelling unit.
1. Accessory Living Area attached to or incorporated into a single family dwelling.
a. The single family character of the structure must be maintained by providing one main entrance to the structure, one set of utility meters and one address for the property;
b. An addition to a single family dwelling to accommodate an accessory living area must be architecturally compatible with the existing structure and at least 12 feet along one wall of the Accessory Living Area must be contiguous to a wall of the single family dwelling with a doorway that allows passage between the single family dwelling and the accessory living area. This door must connect to a living area in the dwelling.
c. Accessory living area may be placed in the basement of a single family dwelling;
d. The total square footage of the accessory living area must not exceed 40% of the total square footage of the single family dwelling, excluding any basement or garage area, whether finished or not, or 800 square feet, whichever is less;
e. Accessory living area is to be used solely for guests of the occupants of the single family dwelling or those providing a service on the site in exchange for their residency; and
f. The accessory living area must not be rented or leased separately from the single family dwelling.
2. Accessory Living Area in a detached building.
a. Accessory living area in a detached building is subject to review and approval through the Minor Special Review Process in Section 4.5;
b. The single family character of the property must be maintained. The entrance(s) to the accessory living area must not be visible from any road;
c. The total square footage of the accessory living area is limited to 40% of the square footage in the single family dwelling, excluding any garage or basement area, whether finished or not, or 800 square feet, whichever is less;
d. One additional off-road parking space must be provided for each bedroom in the detached accessory living area;
e. Building permit applications for accessory living area are subject to all applicable impact fees, including Transportation Capital Expansion Fees applicable to a multi-family land use type as defined in Section 9.5;
f. Accessory living area is to be used solely for guests of the occupants of the single family dwelling or those providing a service on site in exchange for their residency; and
g. The accessory living area must not be rented or leased separately from the single family dwelling.
Amend the Land Use Code by adding a definition of “accessory living area.” “Accessory Living Area”- Finished habitable space in a single family dwelling or in a detached building that is clearly accessory to the single family dwelling on the lot. Accessory living area may contain a complete dwelling unit.
Commissioner Gibson asked why the accessory dwelling is restricted from accessing the dwelling through a garage or storage area. Mr. Kadera stated that it was a safeguard used to keep the residential feel and integrity of the property. Commissioner Wagner questioned if the accessory use will be recorded on the deed, so that future owners would be informed of the accessory living area. Mr. Kadera explained that the owner must sign an affidavit regarding the accessory living area, and the affidavit will then be recorded with the Clerk and Recorder's office. Chair Rennels asked about the requirement that states the entrance to the accessory dwelling must not be visible from any road. Mr. Kadera explained that this could be achieved by landscaping the entrance to meet the buffering requirements. Chair Rennels noted for the record that no one in the audience was present to comment on this item.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners adopt the changes to Section 4.3.10.F of the Land Use Code regarding Accessory Living Area, as outlined above.
Under discussion of the motion, Commissioner Gibson requested an amendment to Section 4.3.10.F.1(b), as accessing the dwelling via a garage or storage area may be appropriate at times. Chair Rennels recommended removing the reference that restricts accessing the dwelling through a garage or storage area, from the sentence. The Board agreed to this amendment and it is reflected in the conditions as outlined above.
Motion carried 3-0.
Mr. Kadera requested approval to amend the Land Use Code by correcting the reference in Section 4.1.5.B.2.a from Section 8.9 to Section 8.17, as this reference was initially omitted, and should be included.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners amend the Land Use Code by correcting the reference in Section 4.1.5.B.2.a from Section 8.9 to Section 8.17.
Motion carried 3-0.
Mr. Kadera explained that the Engineering Department changed their Stormwater Management Plan and it is now referred to as Stormwater Design Standards; he noted that the code should be updated to reflect this change.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners amend the Land Use Code by changing all references from “Stormwater Management Plan” to “Larimer County Stormwater Design Standards.”
Motion carried 3-0.
Mr. Kadera explained that originally wildfire hazards were defined in a table included in the Land Use Code; however, mapping for wildfire hazards has been updated and the table is no longer utilized. Therefore, all references to the table should be deleted from the code.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners amend the Land Use Code by deleting Table 8.3.6.I in Section 8.3., and amend the Land Use Code by adding the following to Section 8.3.6.A: Wildfire Hazards (See Wildfire Hazard Areas Map which was adopted by the County Commissioners on June 25, 2001.)
Motion carried 3-0.
Finally, Mr. Kadera explained that releases for public water and sewer systems, and evidence of acceptance by appropriate water, sewer and fire protection providers, must now be submitted to the Planning Director, and the code should reflect this change.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners amend the Land Use Code, Section 18.104.22.168.b as follows; “Public water and sewer systems are completely constructed and evidence of acceptance by appropriate water, sewer and fire protection providers has been submitted to the Planning Director, and…”
Motion carried 3-0.
2. TIMBERLINE RESOURCES SPECIAL REVIEW - #02-Z1432: This is a request for: 1) Special Review approval for open mining of sand and gravel on a 295 acre site with a mining/reclamation area of 78.1 acres in 4 phases, with temporary access onto Highway 287; and 2) Appeal to Section 8.2.8 (2) of the Land Use Code to allow a landscaping berm within the 100-foot buffer from a wetland.
At a public hearing on July 20, 2005, the Larimer County Planning Commission considered the Timberline Resources Special Review application for mining of sand and gravel, and an appeal to Section 8.2.8 (2) of the Land Use Code requesting the placement of a landscape berm within a 100-foot wetland buffer. The item was on the discussion agenda due to the controversial nature of the application and the significant amount of public concern and involvement throughout the processing of the application.
The Development Services Team (DST) provided an overview of the project, including a recommendation for conditional approval. At the time of the hearing it was noted that the applicant was in agreement with the majority of the DST recommendations, but wished to further discuss proposed conditions D - regarding the dedication of ditch easements, H – regarding hours of operation, I – regarding the use of electric power for dewatering equipment and P – as related to landscape fencing. These original proposed conditions are outlined in Staff’s report to the Planning Commission.
In addition to the discussion regarding the recommended conditions for approval, a number of concerns were voiced by members of the Planning Commission and citizens of the area. The concerns raised include hours of operation; noise generation, mitigation and enforcement; access onto Highway 287; the length of time for mining; dispute resolution and response to complaints; differences of the proposal from the approved State mining permit; concern with the concrete and asphalt recycling portion of the proposal; and the timing of installation of berms as related to mining phases.
As a result of public comment and discussion of the concerns related to the proposal, the Planning Commission recommendation includes the following: modified condition H with reduced hours of operation; modified condition N which includes a bullet to address feasibility review of a westbound acceleration lane on Highway 287; and additional condition T regarding dispute resolution measures which includes more frequent meetings with neighbors and the establishment of an actively monitored telephone system to allow for public comment and concern.
The Development Services Team recommends that the Board of County Commissioners approve the Timberline Resources Special Review (File #02-Z1432), as recommended by the Larimer County Planning Commission and outlined below:
A. The Site shall be developed consistent with the approved plan and with the information contained in the Timberline Resources Special Review (File #02-Z1432), except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Timberline Resources Special Review.
B. The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners prior to commencement of the use and no later than December 31, 2005.
C. Prior to or concurrent with the recordation of the Development Agreement the applicant shall dedicate any needed right-of-way along CR 21/Overland Trail as well as along Hwy. 287 (as required by CDOT). Right-of-way dedication for this project must be accomplished by a properly executed Deed of Dedication (or other property transfer mechanism as determined by CDOT) as a condition of the Special Review.
D. Prior to or concurrent with the recordation of the Development Agreement the applicant shall provide the necessary documents to dedicate an easement for the ditches on the property.
E. The operator shall provide the Larimer County Planning Department a copy of their annual report to the State MLRB concurrent with submittal of the report to the State.
F. The time allowed to complete mining operations is a maximum of 10 years beginning on the date of completion of mining for the Stegner Pit (File #98-Z1281).
G. Prior to the removal of material from the site the internal haul route shall be paved with Hot Mix Asphaltic Concrete (HMAC). The pavement should be placed from the edge of pavement on Hwy. 287 to the processing area (past the scale house). This pavement shall be in place before material is removed from the site. The site access road must be maintained as necessary to prevent excessive silt loading.
H. All routine operations related to this site shall be conducted between 7:30 a.m. and 5:30 p.m. Monday through Friday, with start-up and maintenance occurring at 7:00 a.m., normal operations beginning at 7:30 a.m. and ending at 5:30 p.m., and complete closure of the site at 6:00 p.m., with no Saturday operations.
I. Electric grid power shall be used for dewatering, and sound-proofed diesel generator power, or electric grid power during the day.
J. Noise mitigation measures identified in the Noise Emission Analysis by Engineering Dynamics Incorporated, dated July 10, 2003 and revised September 16, 2004, shall be implemented in conjunction with the operation of the mine.
K. The operations shall be conducted in compliance with the Ordinance Concerning Noise Levels in Unincorporated Larimer County.
L. State air emission and stormwater discharge permits shall be obtained prior to starting operations, and shall be complied with during the operation of the mine.
M. Except for the permits identified in #L above, the applicant shall obtain all required permits and approvals prior to commencement of the use, including wetland permit from the Army Corps of Engineers and an approved Temporary Substitute Supply Plan for water use associated with mining.
N. Prior to commencement of the use the applicant shall be responsible for constructing auxiliary lanes at the direct access to Hwy. 287 as recommended in a traffic impact study supplemental memorandum dated October 18, 2004 by Matt Delich including the following:
· The applicant shall construct a northbound left-turn deceleration/storage lane, as well as a southbound right-turn acceleration lane.
· The applicant shall provide plans to CDOT and Larimer County Engineering Department for review and approval.
· The applicant shall acquire a CDOT access permit and meet all permit obligations before the use may commence.
· These lanes shall be constructed and approved by CDOT and Larimer County before the special review use commences.
· This off-site construction shall be memorialized in the Development Agreement and appropriate collateral provided by the applicant.
· Operator shall provide summary load information on a quarterly basis.
· Operator shall fund traffic counts upon the request of the County Engineer.
· A Traffic Impact Study (TIS) shall be performed at the request of the County Engineer and/or CDOT.
· Auxiliary lanes shall be designed and installed when required by warrant or decision of CDOT Engineer.
· Hauling will remain at approved level until improvements are completed.
O. Transportation Capital Expansion Fees (TCEF) shall be paid before the use commences, or within 120 days of the recordation of the Findings and Resolution approving the Special Review, whichever occurs first. The Larimer County Land Use Code does not have a land use category that covers gravel mining operations, so the fees will be calculated based on the projected average daily traffic submitted with traffic study.
P. Prior to recordation of the Development Agreement the applicant shall submit a revised landscape plan for County approval by the Larimer County Planning Department. The landscape plan shall meet the requirements of Section 8.5 of the Land Use Code.
Q. Landscape screening and buffering shall be installed prior to mining of each phase to be mined. Landscape screening and buffering shall be installed as designed and be maintained as identified on the landscape plan and in good condition. Any dead or dying plant materials shall be replaced within the current or next subsequent growing season.
R. The applicant shall notify Larimer County in writing no later than 30 days prior to commencement of the use for Planning Staff to review the location of silt fencing. No disturbance of the site shall occur prior to Planning Staff approval of the silt fencing location. Silt fencing shall be placed at the edge of the 100-foot wetland buffer with the exception of the landscaped berm area where the silt fencing will be placed at the edge of the 50-foot wetland buffer.
S. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
T. The applicant shall supply sufficient notification and conduct semi-annual dispute resolution meetings prior to the start-up date of the operation continuing every six months thereafter. The applicant shall also establish an actively monitored telephone system to allow for public comment and concern.
U. The applicant will be required to submit to county staff, yearly status reports, which will contain results of traffic studies, neighbor's complaints, results of neighborhood meetings, etc.
Ms. Madson described the history of the application, and explained that the applicants have made substantial changes to the project based upon the concerns of area residents. Ms. Madson noted that 78-acres would be mined and the applicant is requesting a mining time of 7 - 10 years. Ms. Madson explained that the site would be mined in phases and it would be reclaimed concurrently. She stated that the applicant may have some disagreement with four of the conditions proposed by staff, which concern: 1) dedicating an easement for the ditches on the property; 2) hours of operations; 3) type of power used for operations; and 4) landscaping plans. Ms. Downs explained the engineering aspects of the application as it pertains to groundwater monitoring and stormwater and groundwater drainage. Mr. Ryan reviewed the environmental impacts related to air quality, water quality, and noise pollution.
Barbara Brunk, Landscape Architect for the applicant, confirmed that they are in agreement with the conditions set forth by staff, with four exceptions. Ms. Brunk stated that they would prefer to dedicate the easements for the ditches at the time the property is developed, as the mining will not affect the ditches. Ms. Brunk stated that the applicant would like to have extended hours which would include limited operations on Saturday. Ms. Brunk noted that they are in agreement to use electric grid power for dewatering at night, but would prefer to use diesel powered generators for day time operations. And finally, Ms. Brunk stated that they are in agreement with landscaping conditions and asked if the use of the berms, as shown on the application, meet the intent of the buffering requirements. Commissioner Wagner asked how many operations Aggregate Industries owned in Larimer County. Ms. Brunk stated that they currently own one other, that being the Stegner Pit. Commissioner Gibson asked if the applicant has the ability to stockpile product versus mining on Saturdays. Ms. Brunk replied in the affirmative.
Tom Hessman, Engineer for the applicant, addressed the groundwater issues and displayed a diagram which highlighted the changes proposed by the applicant. Mr. Hessman stated that the original application had six groundwater monitoring wells, and the revised proposal reflects the use of eleven groundwater monitoring wells. Mr. Hessman stated that they have created a robust groundwater monitoring and mitigation plan. Commissioner Wagner asked why the applicant was appealing the 100-foot wetlands buffering requirement. Ms. Brunk stated that they would like to keep the berms in place when future development occurs, and would hope to place home sites in the 50-foot area that would be left by reducing the 100-foot buffering requirement.
At this time Chair Rennels opened up the hearing for public comment. Darwin Rowe, adjoining neighbor, explained that he lost over $30,000 of his underground heating system when the applicant installed their pipes used in conjunction with the Stegner Pit operations. Mr. Rowe stated that the applicant hired an engineer to see what could be done to fix his heating system. Mr. Rowe stated that he met with an engineer on site, but as of yet, there is no plan and his system has not been fixed.
Bill Seaworth, adjoining neighbor, stated that he is in favor of the mining operation; however, the applicant, Aggregate Industries, has proven to be irresponsible as owners of a mining operation. Mr. Seaworth stated that the applicant will not perform required maintenance on the ditches and they are completely full of weeds and clogged up. Mr. Seaworth stated that they conduct maintenance until 10:00 p.m. at night, and they are not considerate of the neighbors. Mr. Seaworth recommended that they be limited to hours of operation from 7:30 a.m. to 4:30 p.m. Monday through Friday, and place them on a year's "probation" before approving any Saturday operations.
John Gross, adjoining neighbor, stated that the operation of diesel generators, even during the daytime, is very annoying. Mr. Gross explained that the diesel fumes are cumulative and that proposed site is surrounded by long standing neighborhoods. Mr. Gross stated that the applicant's compliance with the Stegner Pit is dismal and disrespectful to all.
John Cochran, adjoining neighbor, stated that allowing the applicant to mine closer to the wetlands will negatively impact both the wetlands and his property. Mr. Cochran stated that the noise and dust is already a problem, and indicated concern for the groundwater levels and depletion of the wetlands. Mr. Cochran also noted potential safety issues with trucks turning into the site from Highway 287.
Debi Allenson, adjoining neighbor, asked the Board to adopt the recommended conditions as presented and to not change or alter them. Ms. Allenson also asked the Board to review the agreement between the applicant and the Colorado Department of Transportation (CDOT), prior to issuing the mining permit.
Terry Waters, adjoining neighbor, questioned why the berm on the south side of the property is not scheduled to be constructed until seven years into the project. Ms. Waters also noted concern with safety along Highway 287, as the mining operations will increase traffic on this already dangerous stretch of highway.
Sue Radford explained that the Sheriff's Department does not respond to noise complaints regarding gravel pits, and stated that Mr. Ryan is the only person able to respond to noise complaints of this nature. Therefore, Ms. Radford recommended that the hours of operations be restricted to the hours that Mr. Ryan works, which is 8:00 a.m. to 4:30 p.m., Monday through Friday.
Mandy Kotzman, adjoining neighbor, stated that she works from home and the noise from the diesel generators negatively impacts the neighborhood. Ms. Kotzman stated that the applicant has had a chance to prove themselves, and they have failed. Ms. Kotzman asked why the applicant would be allowed to deviate from the 100-foot buffering requirement for wetlands.
Ruth Walick, adjoining neighbor, agreed that the diesel generators do create noise pollution and that there are many individuals in the neighborhood that work from home. Ms. Walick asked the Board to please consider their quality of life when making their decision.
Dennis Harmon, Manager of the Jackson Ditch Company, encouraged the Board to require dedication of the easement, to secure access for the ditch companies.
Chair Rennels closed public comment.
Connie Davis, Aggregate Industries, provided the Board with some history of the Stegner Pit. Ms. Davis explained that they will install back-up beepers on their vehicles that use "white noise" to improve the noise pollution problem. Ms. Davis stated that they will vegetate the berms, and will buffer the wetlands from silt. Ms. Davis noted that they will continuously monitor the wells for negative impacts. Mike Refer, Aggregate Industries, explained that it is indeed his fault that the ditches have not been cleaned out. Commissioner Wagner asked if the ditches had ever been cleaned out. Mr. Refer acknowledged that he could not say for sure if they had ever been cleaned out. Commissioner Gibson asked why Mr. Rowe's thermal ground heating system has not been fixed. Ms. Davis explained that initial testing revealed that they were not affecting the water, but apparently they will now have to "re-charge" the groundwater to fix this problem. Chair Rennels asked when they expect this to occur. Ms. Davis replied that they expect to complete this within the next two months.
Matt Delich, Traffic and Transportation Engineering, explained the traffic analysis he performed, noting that he provided conservative estimates regarding trip generations. Some discussion ensued regarding this topic, and Commissioner Wagner asked how many trips-per-day would be generated by this operation. Mr. Delich stated that approximately 225 trips-per-day would be generated. Commissioner Wagner asked if this estimate includes the employees located on site. Mr. Delich replied that this did not include the employees. Ms. Downs confirmed that at this time the usage, as presented, does not require the installation of turn lanes; however, if the usage increases, then turn lanes could be warranted. Chair Rennels asked if CDOT conducted an investigation and revealed increased usage, could the Board require an Amended Special Review. Mr. Helmick replied in the affirmative.
Howard McGregor, Engineering Dynamics Inc., explained how the trucks would navigate the site in a circular pattern, which will reduce the amount of time they will spend backing up. Mr. McGregor also noted that diesel generators can be situated in sound proof enclosures, which greatly decreases the noise pollution associated with this type of operation.
Ms. Brunk requested the Board approve the same operating hours that they did for the Lafarge West Inc., mining operations. Ms. Brunk requested approval to begin warm-up operations at 6:30 a.m., hours of normal operations from 7:00 a.m. to 5:00 p.m., Monday through Friday, with clean-up and shut-down occurring until 6:00 p.m. Ms. Brunk also requested Saturday hours from 8:00 a.m. to 2:00 p.m., for maintenance of equipment and hauling of material. At this time there was a request to address the Board and Chair Rennels re-opened public comment.
Mr. Seaworth questioned how the applicant could be responsible for monitoring traffic counts when they are not even capable of cleaning out a ditch when it becomes full. Mr. Seaworth reiterated safety concerns with traffic on Highway 287, and explained that Saturday operations should not be allowed, as Highway 287 is very busy on Saturdays with weekend traffic. Mr. Cochran noted his support of imposing a one-year "probationary" period for the applicant. Ms. Waters questioned whether or not the County could be sued for traffic infractions that could result if this application is approved. Ms. Haag stated that the County is covered by the Governmental Immunity Act, and although anybody can sue anyone, the County would probably be protected for liability regarding accidents of this nature. Mr. Rowe stated his concern for the groundwater, noting that the Stegner Pit causes "mounding" in certain areas which has caused lakes to pop in these areas. Chair Rennels closed public comment.
Much discussion ensued amongst the Board regarding the conditions. Chair Rennels was not in favor of granting a limited one-year permit, and suggested that requiring yearly reports that will monitor neighborhood issues, groundwater, maintenance issues, etc. Commissioner Wagner stated that she was concerned with compliance on behalf of Aggregate Industries, as their history and reputation precedes them. Commissioner Wagner also stated that she was going to suggest conditional approval for a period of two-years, but would support the yearly reporting method recommended by Chair Rennels. Given the history of the company, Commissioner Gibson also supported the idea of requiring yearly reports. The Board informed Aggregate Industries that if the ditches are not kept clean and free of weeds, then the Board would bring Aggregate Industries in for a show cause hearing.
The Board agreed to require dedication of the easement for the ditches on the property; restrict the hours of operations from 7:30 a.m. to 5:30 p.m., with start-up and maintenance occurring at 7:00 a.m., complete closure of the site at 6:00 p.m., and no Saturday operations; require electric grid operations at night, and sound-proofed diesel generator power or electric power during the day; revisions to Condition N, in order to trigger installation of turn lanes on Highway 287; and the addition of Condition U, which states that the applicant must submit yearly reports to the Planning Department with status reports and updates regarding the operation in its entirety; all of which has been added to the original conditions as outlined in the staff report above.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Timberline Resources Special Review, file #02-Z1432, and the appeal to Section 8.2.8 (2) of the Land Use Code to allow a landscaping berm within the 100-foot buffer from a wetland subject to the conditions as recommended by the Development Services Team and the Larimer County Planning Commission, as amended and outlined above.
Motion carried 3-0.
TUESDAY, SEPTEMBER 13, 2005
(#99 & 100)
The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman, Chair Rennels presided and Commissioners Gibson and Wagner were present. Also present were: Frank Lancaster, and Donna Hart, Commissioners’ Office; Marc Engemoen, Public Works Director; Wynette Cerciello, and Pam Stultz, Human Resources Department; Jim Reidhead, Rural Land Use Center; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: Jo Payson presented the Board with documentation regarding an encounter she had with a ranger at Carter Lake; she requested the Board to read and respond to the documentation presented.
Michelle Smith, owner of the Fort Namaqua Liquor Store in Loveland, requested the Board to implement an ordinance or resolution that would allow her to host wine tastings at her establishment. Ms. Cookman explained that a law was passed in 2004, which allows for the tastings to occur, but only if the local authority authorizes it. The Board thanked Ms. Smith for her request and explained that Ms. Cookman will be in touch with her once the limitations and criteria are defined and a resolution is adopted.
2. AMENDMENT TO THE MINUTES OF AUGUST 29, 2005, AND APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 5, 2005:
Ms. Cookman requested approval to amend the minutes of August 29, 2005, to include Lori Smith in the retirement board discussion.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners amend the minutes of August 29, 2005, as presented.
Motion carried 3-0.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of September 5, 2005, as amended.
Motion carried 3-0.
3. REVIEW THE SCHEDULE FOR THE WEEK OF SEPTEMBER 19, 2005: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for September 13, 2005:
09132005A001 DEVELOPMENT AGREEMENT FOR HOLBROOK CONSERVATION DEVELOPMENT (FILE #03-S2115) BETWEEN THE BOARD OF COUNTY COMMISSIONERS, ANDREW AND LYNN HOLBROOK, AND THE HOLBROOK HOMEOWNER'S ASSOCIATION
09132005A002 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, DIEDRICHS FAMILY PARTNERSHIP, LLLP, AND LARIMER COUNTY PROPERTIES
09132005A003 DEVELOPMENT AGREEMENT FOR WHITE BUFFALO QUARRY SPECIAL REVIEW (FILE #04-Z1520) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FRONT RANGE BUFFALO, LLC
09132005R001 FINDINGS AND RESOLUTION APPROVING THE SWEET MINOR SUBDIVISION AMENDED PLAT/BOUNDARY LINE ADJUSTMENT
09132005R002 FINDINGS AND RESOLUTION APPROVING THE DUKART STUDIO MINOR SPECIAL REVIEW
09132005R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF A PORTION OF RIGHT-OF-WAY IN INDIAN PRAYER PARK SUBDIVISION LOTS 1, 2, 3, AND 4, BLOCK 3, AND LOTS 5, 6, AND 7, BLOCK 2
09132005R004 FINDINGS AND RESOLUTION APPROVING THE RAMBLING RIVER SUPPLEMENTAL CONDOMINIUM MAP
09132005R005 RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT PROPERTY TAX EXEMPTION HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION
09132005R006 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HOLBROOK CONSERVATION DEVELOPMENT (FILE #03-S2115)
09132005R007 RESOLUTION REGARDING RELEASE OF WARRANTY COLLATERAL FOR HILL CONSERVATION DEVELOPMENT
09132005R008 RESOLUTION REGARDING THE GROVES METROPOLITAN DISTRICTS NUMBERS 1, 2, AND 3
MISCELLANEOUS: Annual Compliance Certification and Semi-Annual Monitoring Report - Regular Periodic Documentation Required by the Landfill's Air Emissions Permit; Holbrook Conservation Development Final Plat; Swap of 5 Louden Canal Water Shares for Fairground; Program Year 2005/2006 Workforce Development Plan.
LIQUOR LICENSES: The following licenses were approved and issued: The Canyon Grill - Hotel and Restaurant - Fort Collins; Horsetooth Liquor - Retail Liquor Store - Fort Collins; Swing Station (Formerly The Corner Pub) - Transfer of Ownership with Temporary Permit - Laporte; Charco Broiler - Hotel and Restaurant - Fort Collins.
Motion carried 3-0.
5. DISCUSSION ON DONATING GOODS AND SERVICES FOR THE HURRICANE RECOVERY EFFORTS: Mr. Lancaster explained that this past week a request was made for the District Attorney's office to donate two vehicles (that were earmarked for replacement), to the Gulfport Mississippi Police Department. Mr. Lancaster requested guidance from the Board on how they would like to see this type of request handled in the future. He recommended placing a dollar limit on the amount the County Manager can authorize, and anything above that would need to be approved by the Board. Mr. Lancaster stated that until there is a formal policy in place, he would informally poll the Board if he received urgent requests for goods or services. Chair Rennels stated that, whenever possible, requests should filter through Emergency Management, the County Manager, and the Board of County Commissioners.
6. UPDATE ON STAFF ACTIVITIES ON RURAL ECONOMIC DEVELOPMENT: Mr. Lancaster presented the Board with the proposed objective and desired outcomes regarding economic development for unincorporated Larimer County. Mr. Lancaster explained the desired outcomes as follows: 1. Preserve or enhance the rural landscape; 2. Encourage compatible entrepreneurial activities; 3. Support and coordinate with other regional economic development activities; and 4. Support a diverse, vibrant rural economy. Mr. Lancaster stated that he has scheduled a worksession with the Board for December 22, 2005, and presented the items that will be discussed at the worksession.
7. HEALTH INSURANCE RENEWAL FOR 2006: Ms. Cerciello explained that the Human Resources staff, benefits consultant, and employee Insurance Advisory Committee, spent a great deal of time evaluating the health and dental benefits in order to keep the costs down for next year. Ms. Cerciello stated that they sent out a Request for Proposal (RFP) for both the medical and dental plans, and also considered implementing a self-funded plan. Ms. Cerciello explained once they analyzed the numbers and benefits, they discovered that adopting a self-funded plan could result in a potential savings of $2.2 million for Larimer County; therefore, she recommended the Board adopt the self-funded option for 2006. Ms. Stultz explained the major differences employees could expect, noting that the plan will be restructured from an HMO (Health Maintenance Organization), to an Exclusive Provider Organization or EPO plan. Ms. Stultz then described the deductibles that would apply utilizing the EPO. Ms. Cerciello stated that the plan includes a "stop loss" feature that caps individual's claims at $100,000. Commissioner Wagner asked what happens to an individual if and when they reach the $100,000 threshold. Ms. Cerciello explained that the individual will still have coverage, but at that point, another insurance company will take responsibility for the claim. Ms. Cerciello recommended that Great West be appointed as the third party administrator for the medical plan, and that Met Life be selected as the dental plan administrator.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve of the recommended plan design changes, which includes self-funding of the medical insurance with Great West as the third party administrator, and awarding dental administration services to Met Life.
Motion carried 3-0.
8. APPOINTMENT TO THE ESTES PARK PUBLIC LIBRARY DISTRICT: Mr. Gluckman explained that Cami Sebern resigned from the Estes Park Public Library District Board of Trustees and, after interviewing four applicants, the Board of Trustees is recommending that Bruce Brown fill the vacancy.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners appoint Bruce Brown to the Estes Park Public Library Board for a term expiring December 31, 2009.
Motion carried 3-0.
9. SPONSORSHIP REQUEST FROM NORTHERN COLORADO ARTISTS ASSOCIATION: Mr. Gluckman explained that the Northern Colorado Artists Association is requesting Larimer County to sponsor their upcoming event entitled "Capture the County", with a financial contribution of $100.00. Some discussion ensued regarding whether or not this would set precedence and encourage similar organizations to make the same request, and if this money might be better spent in the relief effort; however, the Board agreed to support this request.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners authorize the expenditure of $100.00 from the Commissioners' Special Projects Fund, to support the Northern Colorado Artists Association event.
Motion carried 3-0.
10. WORKSESSION: There were no worksession items to discuss.
11. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
12. LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 11:00 a.m.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk