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 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, APRIL 10, 2006

 

LAND USE HEARING

(#43)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Casey Stewart, Planning Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk. 

 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.   Chair Gibson explained that Item 1 was on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  Chair Gibson also noted that staff has recommended moving Item 2, regarding the Bassett Appeal, to the consent agenda; however, a member of the audience wished to discuss Item 2.

 

1.  BLUE MOUNTAIN WINERY SPECIAL EXCEPTION - #05-Z1558:  This is a request for a Special Exception for a winery with no public access and no tasting room on a 35-acre parcel zoned FA-1 Farming.

 

The proposal is for a winery to operate on the subject property.  The existing uses of the property include agricultural production of grapes (approximately three acres, with potential of ten acres in the future) and single-family residence with an accessory shop/storage building.  A new building of 1568 square feet in size will be constructed as a crushing, processing, and bottling facility for production of wine using grapes cultivated on site and grapes brought in from western Colorado.  The resultant bottled wine would be loaded into a vehicle to be distributed offsite.  There will be no public tasting facility or retail activities on the site. 

The new building will house a small office; below-ground storage of wine barrels; four 1000-gallon and two 500-gallon liquid storage tanks; and equipment for the crushing, de-stemming, and pressing of grapes.  In addition to the applicants, the facility may employ up to two employees, primarily during September and October, when grapes are harvested.

Water can and will be provided by Little Thompson Water District.

The liquid waste will be handled by an engineered septic system and leach fields.

Fire protection will be achieved by installation of a fire hydrant or a building sprinkler system.

Main access is Blue Mountain Way, a road easement managed by the surrounding property owners.  Blue Mountain Way is a two-lane dirt road.

Extensive landscaping already exists on site and consists of many trees, shrubs, flowers, and structures.  The same type of landscaping will occur around the new building addition.

Site lighting will include three to four lights around the building, which will be capped with crowned lids to direct the light down and away from any adjacent properties.

Signage proposed may include the winery ‘crest’ of about 6 square feet mounted on the building and one located at the driveway entrance.

The Larimer County Development Services Team recommends that the Board of County Commissioners approve the Blue Mountain Winery Special Exception as recommended by the Larimer County Planning Commission.

The Planning Commission recommends to the Board of County Commissioners that the Blue Mountain Winery Special Exception, File #05-Z1558, be approved, subject to the following conditions:

1.   Prior to issuance of a building permit, the plans for the winery must be reviewed and approved by the Department of Health and Environment for compliance with state food manufacturing processes.

2.   The applicant shall comply with the requirements of the Berthoud fire protection district by installing a fire hydrant or a building sprinkler system in accordance with the fire district’s regulations.  If a fire hydrant is to be installed, it must be completed and operational prior to any combustible construction for the proposed building, and the applicant must provide a written agreement with the building permit application stating that they will comply with this time line.  If a sprinkler system is to be used, the system plans must be reviewed and approved by the fire district prior to issuance of the building permit.

3.   As required by the Engineering Department, the applicant shall pay associated Transportation Capital Expansion Fees as part of the building permit application process.

4.   The applicant shall provide a copy of all required state and federal permits or approvals within 90 days of receiving any Certificate of Occupancy for the winery building.

5.   Within 90 days, or prior to building permit application (should that occur first), the applicant shall finalize the outstanding building permit for the existing barn/storage building (Permit 98-L5833) with the County Code Compliance Department.

6.   Prior to issuance of any certificate of occupancy, the applicant shall provide to the Planning Department a letter from the Larimer County Weed District Manager clearly indicating that no Diffuse Knapweed and Mediterranean Sage was found on the site, or that a weed management plan has been approved by the district.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Item 1, as listed on the Consent Agenda and outlined above.

Motion carried 2-0.

 

2.  BASSETT APPEAL - #06-G0102:  This is an appeal to Section 4.3.10.F.1.d (Accessory Living Area) of the Larimer County Land Use Code to allow an accessory living area greater than 800 square feet.   (The proposed size is 904 square feet.)  This section of the Code limits the accessory living area size to the lesser of 800 square feet or 40% of the principal dwelling.  In this case, the limit would be 800 square feet.   The accessory living area would satisfy all other regulatory requirements for attached living areas.  It would be located above the attached garage and would be accessible through the principal dwelling interior.

 

·  The County Engineering Department has no objections to this appeal.

·  The Department of Health and Environment has no objections to this appeal.

·  The Code Compliance Department will require that the accessory living area obtain a proper building permit.

 

This request involves incorporating an accessory living area that is slightly larger (904 square feet) than normally allowed (800 square feet) into a single-family dwelling.  The accessory living area would be above the attached garage.  No objections have been received from any surrounding property owners or interested county or city departments.  The size appeal would not subvert the purpose of the Code and will have little to 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, and recommends approval of the Bassett Appeal subject to the following conditions: 

1.   The owners shall obtain a building permit for the conversion of the space above the attached garage into and accessory living area.

2.   The owners shall submit a floor plan layout to the Building Department as part of Building Permit #05-B1460 (addition to existing single-family residence), showing how the accessory living area is laid out.  This shall be done prior to the final building permit inspection.

 

Mr. Stewart displayed an aerial photo of the property and briefly described the appeal, as outlined above.  Mr. Stewart presented an additional condition of approval, which has been added as Condition 2 above.  The applicant, Glenn Zankey, addressed the Board.  Mr. Zankey explained that the living space above the garage is already in place, and he needs to go through the building permit to make it legal. 

Chair Gibson opened up the hearing for public comment.  Lynn DeMaranville, concerned citizen and neighbor, stated that he just came to the meeting because he couldn't understand how the addition could be considered "accessory" if it is already in existence.  Floyd Taladay, adjacent neighbor, asked what an "accessory" living space is and what it is designed for.  Mr. Stewart explained that the residence is a single-family home and that the accessory use is designed for guests.  Mr. Taladay noted that the property is located within the flood plain and asked if anyone and considered this when reviewing the application.  Mr. Stewart explained that Larimer County and the City of Fort Collins staff have reviewed the application, and it is in compliance with the flood plain regulations.

There was no further public comment.

Commissioner Rennels stated that the residence is already in existence and flood mitigation has occurred in this area; therefore, she supported the appeal.  Chair Gibson agreed.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Bassett Appeal, File # 06-G0102, as recommended by staff and with Conditions 1 and 2, as outlined above.

Motion carried 2-0.

The hearing adjourned at 3:15 p.m.

 

TUESDAY, APRIL 10, 2006

 

ADMINISTRATIVE MATTERS

(# 43)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster. Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Matt Lafferty, Al Kadera, and Casey Stewart, Planning Department; Candice Phippen, Building Code Enforcement; Jeannine Haag, Assistant County Attorney;  and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   There was no public comment.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 3, 2006

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 3, 2006, as presented.

 

Motion carried 2-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF APRIL 17, 2006:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 11, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petition for Abatement is denied:  Robert V. Sanderson.  As recommended by the Assessor, the following Petitions for Abatement are approved:  Timberline Development, LLC; Darrell and Daniel Feller; Kamtz Companies (2004-2005); Gordon and Betty Jensen; Shuffle Master Gaming; Korby Sod, LLC.

 

04112006A001           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR AUTUMN CREEK CONSERVATION DEVELOPMENT PHASE I - BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BLUEBONNET INVESTMENTS, LLC.

 

04112006A002           PARKS MASTER PLAN AND RESOURCE AGREEMENT PLAN - ENVIRONMENTAL ASSESSMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EDAW, INC.

 

04112006A003           DENTAL CARE BENEFITS ADMINISTRATIVE SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND METROPOLITAN LIFE INSURANCE COMPANY

 

04112006A004           RIGHT-OF-WAY AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES, FOR THE USE AND BENEFIT OF THE DIVISION OF WILDLIFE COMMISSION

 

04112006D001           DEED OF DEDICATION BY GRAY HAWK FARMS, LLC FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04112006R001           FINDINGS AND RESOLUTION DENYING THE 985 DEER MEADOW ADDRESS APPEAL

 

04112006R002           FINDINGS AND RESOLUTION APPROVING THE SHADOW RIDGE ROAD ADDRESS CHANGE APPEAL

 

04112006R003           FINDINGS AND RESOLUTION RESTRICTING THE USE OF THE CUTTHROAT ROAD EASEMENT

 

04112006R004           FINDINGS AND RESOLUTION APPROVING THE PINE ACRES APPEAL

 

04112006R005           FINDINGS AND RESOLUTION APPROVING THE EDUCATORS OUTLET APPEAL

 

MISCELLANEOUS:  Department of Human Services Payments for February 2006; Amended Plat of a Portion of Lot 8, Diamond Farms Rural Land Use Plan, File #00-S1551.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  Diamond Shamrock Corner Store #4133 - 3.2% - Loveland; U.S. Bar and Grill - Hotel and Restaurant - Fort Collins.  The following license was approved:  Boys and Girls Club of Larimer County - Special Event Permit 6% - Loveland.

 

Motion carried 2-0.

 

5.   PROCLAMATION FOR COUNTY GOVERNMENT WEEK IN LARIMER COUNTY FOR APRIL 23-29, 2006 Ms. LaRue explained that the theme this year for National County Government Week is "Protecting our Communities."  Ms. LaRue stated that proclaiming the week of April 23-29, 2006, is a way to publicly thank employees and volunteers of Larimer County government.  Commissioner Rennels then read the proclamation aloud.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners proclaim the week of April 23-29, 2006, as County Government Week in Larimer County.

 

Motion carried 2-0.

 

6.   REFERRAL OF ALPINE KOI HOMESCAPE APPEAL TO PLANNING COMMISSION:   Mr. Lafferty explained that the owner of the Alpine Koi Homescape business located on the corner of Highway 14 and Summit View Drive wishes to construct a storage building on the property as an accessory use to the existing building.  Mr. Lafferty noted that the existing use is non-conforming, as it is located in a residential zoning district which does not allow for commercial use of the property.  He recommended that the appeal be referred directly to the Board of County Commissioners, without first being reviewed by the Planning Commission.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners not approve referring the Alpine Koi Homescape Appeal to the Planning Commission for review and recommendations.

 

Motion carried 2-0.

 

7.  REFERRAL OF HANDY APPEAL TO PLANNING COMMISSION:  Mr. Stewart explained that Fred and Pamela Handy own a single-family residence located on Poudre Canyon Road, and they wish to add a dining room onto the premises.  Mr. Stewart noted that the current residence is located within the 100-foot setback for the Poudre River and is, therefore, considered non-conforming.  He further explained that the addition would be no closer than the existing building, and recommended that this appeal be referred directly to the Board of County Commissioners, as it is a minor project that does not present any significant policy issues, and it does not involve County Master Plan issues.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners not approve referring the Handy Appeal to the Planning Commission for review and recommendations.

 

Motion carried 2-0.

 

7.   LEGISLATIVE ISSUES:  There were no legislative items to discuss.

 

8.  WORKSESSION:   Mr. Lancaster explained that he has had previous discussions with the Board regarding the possibility of offering a public comment session on Monday evenings whenever a Monday night hearing is scheduled.  Some discussion ensued and the Board agreed to offer a public comment session from 6:00 p.m. to 6:30 p.m. on those Monday evenings scheduled for Land Use Hearings.

Mr. Lancaster presented two documents that were submitted by the Clerk and Recorder just prior to the meeting; he explained that both of them are time sensitive and require the Board's approval in order to secure funds for the purchase the necessary voting equipment required to meet federal and state mandates.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Intergovernmental Subgrant Agreement for the purchase or lease of Help America Vote Act (HAVA) compliant voting systems.

 

Motion carried 2-0.

 

04112006A006           INTERGOVERNMENTAL SUBGRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF STATE FOR THE PURCHASE OR LEASE OF HAVA 301-COMPLIANT VOTING SYSTEMS

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Voting System Agreement between Larimer County and Diebold Election Systems for the purchase of voting equipment.

 

Motion carried 2-0.

 

04112006A007           VOTING SYSTEM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DIEBOLD ELECTION SYSTEMS FOR THE PURCHASE OF VOTING EQUIPMENT

Mr. Lancaster presented a map of the roadless areas in Larimer County and discussion ensued regarding how the Board wished to pursue this issue.  The Board agreed to forward comments to the Roadless Areas Review Task Force informing them that Larimer County wishes to study the roadless areas that might conflict with the County's land use planning.

Finally, Mr. Lancaster presented a map of the Forest Service land that could be presented for sale as part of the Secure Rural Schools Act.  Discussion ensued, and the Board directed staff to look at the inventory and provide feedback as to how the sale of these properties could impact private land owners and public entities alike. 

 

9.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week.  

 

10.  LEGAL MATTERS:  (Affidavit provided.)

 

M O T I O N


Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

The meeting adjourned at 10:30 a.m., with no further action taken.

 

 

    __________________________________________

                        GLENN W. GIBSON, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.