MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, MAY 5, 2008
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided, and Commissioner Rennels was present. Also present were: Toby Stauffer, Planning Department; Traci Downs, and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Sean McGill, Assistant County Attorney; and Gael Cookman, Deputy Clerk.
Chair Gibson explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:
1. SWANSON MINOR RESIDENTIAL DEVELOPMENT LOT 1 AMENDED CONDITION, FILE #08-G0154: This is a request to amend a condition of approval on the Swanson MRD (File # S-81-91), that states “These lots are for residential use only.” The request for the amended condition came out of the review process for a Minor Special Review request, File # 08-Z1680, the Nibbelink Minor Special Review, to have a bed and breakfast on the property. The Land Use Code defines a Bed and Breakfast as an accommodation use, not a residential use; therefore, the change is necessary to allow the new use on the property.
The Nibbelink Minor Special Review was heard before the Board on April 28, 2008. In the structure, two bedrooms and two bathrooms will be used for the bed and breakfast. The owners will live on-site and operate the business. The maximum number of guests will be 4, with no more than 2 extra vehicles on the property at any time. The hours of operation will be flexible upon demand and the applicants do not expect the facility to be in use full-time.
The owners also have a massage therapy business in the existing structure. The massage therapy business is a home occupation use that is allowed by-right. There are approximately two clients a day, five days a week.
The request came through the course of review for the Nibbelink MSR. Because this action was considered during the review of the Nibbelink process, this application has not been referred to any outside agencies. Any comments and conditions that apply to the approval of the Nibbelink MSR will also apply to this amendment as necessary. The application did receive public notice, no questions or concerns have been voiced by any neighbors or other interested parties.
The proposed amended condition to allow a bed and breakfast use on a minor residential lot will not adversely affect any neighboring properties, any County agency, or invalidate other conditions of approval placed on this lot with the Swanson MRD plat. The reason to amend this condition, the bed and breakfast use, will not change the character of the single-family dwelling or the surrounding area. The bed and breakfast will be owner occupied and traffic impacts should be similar to those of a single-family dwelling. It is the assessment of the Development Services Team that the Nibbelink MSR bed and breakfast request meets the standards of the Land Use Code, and allowing this condition to change accordingly with that use, will not subvert the intent and purpose of the code or the original intent of the Swanson MRD.
The Development Services Team recommends that the Board of County Commissioners approve the Swanson MRD Lot 1 Amended Condition, File #08-G0154, subject to the following conditions:
1. Lot 1 of the Swanson MRD shall be developed consistent with the approved plan and with the information contained in the Nibbelink Minor Special Review (File #08-Z1680). The applicant shall be subject to all other verbal or written representations and commitments of record for the Nibbelink Minor Special Review.
2. The Findings and Resolution shall be a servitude running with the Property. Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Minor Special Review approval and the terms of this amended condition approval.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 2-0.
The hearing recessed at 3:05 p.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner. Chair Gibson Presided and Commissioners Eubanks and Rennels were present. Also present were: Mark Peterson, and Ed Woodward, Engineering Department; Sean McGill, 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 Land Use Code. No one from the audience addressed the Board regarding these topics.
1. ADOPTION OF THE DFIRM PANELS AND THE ASSOCIATED FLOOD INSURANCE STUDY: This is a request to have the Board of County Commissioners adopt the revised DFIRM panels and Flood Insurance Study dated June 17, 2008, by resolution.
Many of the major river and stream systems in Larimer County are regulated under the National Flood Insurance Program (NFIP). One of the regulated water bodies is Dry Creek. The Federal Emergency Management Agency (FEMA) has prepared revised Flood Insurance Rate Maps and an associated Flood Insurance Study dated June 17, 2008, that reflect a new floodplain based on the results from the City of Ft. Collins’ Dry Creek Project. Larimer County is required by FEMA to adopt the revised maps and flood insurance study to use for regulatory purposes. The revised information begins where Dry Creek crosses North Shields Street and goes in a southeasterly direction towards the airpark area at East Mulberry and Timberline.
The public process was initiated through open houses, direct mailings to affected property owners, newspaper advertising and a 90-day appeal period. Property owners were advised of the open house through a mailing sent to all property owners of record in the floodplain which changed. Subsequent to the open house, FEMA rules set forth a 90-day appeal period, which ended on December 17, 2007. During the appeal period, property owners protesting the new floodplain information were processed through FEMA and changes were made if applicable. The 6-month period following the end of the appeal period is allocated for local jurisdictions to formally adopt the new maps and flood insurance study. Staff has been advised by FEMA that the adoption has to take place by June 17, 2008, which is the effective date of the information.
The revised DFIRM panels and Flood Insurance Study need a favorable recommendation from the Planning Commission and adoption by resolution from the Board of County Commissioners to be legally enforceable. The Planning Commission at their April 16, 2008, meeting made a favorable recommendation to the Board of County Commissioners to adopt the revised maps and flood insurance study dated June 17, 2008.
The revised DFIRM panels and Flood Insurance Study have been reviewed by staff and found to be acceptable for our floodplain management program. The Larimer County Engineering Department recommends that the Board of County Commissioners adopt the revised DFIRM Maps and Flood Insurance Study dated June 17, 2008, by resolution.
Mr. Peterson explained the proposal as outlined above. He displayed drawings of the storm water basins and the flood plain mapping. Mr. Peterson requested the Board adopt the resolution with an effective date of June 17, 2008, as required by FEMA.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners adopt the revised DFIRM Maps and Flood Insurance Study dated June 17, 2008 by resolution.
Motion carried 3-0.
05052008R001 RESOLUTION ADOPTING FEDERAL EMERGENCY MANAGEMENT AGENCY REVISED DIGITAL FLOOD INSURANCE RATE MAP PANELS 0763G, 0764G, 0977G, 0979G, 0981G, 0983G, 0984G, AND THE ASSOCIATED FLOOD INSURANCE STUDY DATED JUNE 17, 2008
The meeting adjourned at 6:40 p.m.
TUESDAY, MAY 6, 2008
The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Gibson presided and Commissioner Rennels and Eubanks were present. Also present were Donna Hart, Commissioners Office; Matt Lafferty, Planning Department; Robert Breckenridge and Betty Rogers, Citizens; Gael Cookman and Cindy Clay, Deputy Clerks.
1. PUBLIC COMMENT: Robert Breckenridge and Betty Rogers from A-1 Wildwater Rafting Company appeared with Mr. Lafferty. Mr. Breckenridge explained that he relocated the business from its previous location at 2020 N College to a location at the corner of North Highway 287 and Shields, and has been diligently working to accomplish all County and other entity requirements and improvements. The delays he has experienced have been no fault of his own, but an inability for outside contractors to complete projects, such as the parking lot, prior to the opening of the 2008 rafting season. He asked that they be allowed to operate the business this season from their present site with the same requirements that they were under last season. Mr. Lafferty confirmed that it would be impossible for all the work to be completed prior to opening, and supported the request to stage the construction and operate out of the current site for the season. The Board agreed to support this request and would take action during Administrative Matters to approve the plan.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 28, 2008, AND REAPPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 21, 2008:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 28, 2008, and re-approve the minutes for the week of April 21, 2008.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 21, 2008. Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the Consent Agenda as published for May 6, 2008:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following Petitions for Abatement are recommended for approval: DFG Properties LLC; Dusbabek, Gerald J, Rev Trust.
05062008A001 DRAINAGE AGREEMENT OF MEADOWS AT ROLLING HILLS PLANNED LAND DIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND S2CR LAND AND DEVELOPMENT LLC
05062008A002 AMENDMENT NO. 1 TO DEED OF CONSERVATION EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND ESTES VALLEY TRUST
05062008A003 GRANT AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO
05062008A004 LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WATER PIK, INC.
05062008R001 FINDINGS AND RESOLUTION APPROVING THE CARSTENS BACKBONE VIEW SUBDIVISION PRELIMINARY PLAT AND APPEAL TO SECTIONS 8.14.2.H AND 8.14.2.Q
05062008R002 FINDINGS AND RESOLUTION APPROVING THE SUPPLEMENTAL MAP #2 OF ROCKY POINT CONDOMINIUMS
05062008R003 RESOLUTION REGARDING DEPOSIT OF 2008 FUNDS BY COUNTY TREASURER
05062008R004 FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT IN BLUE MOUNTAIN AMENDED LOT 2
MISCELLANEOUS: 1) Findings and Order – Revoking the Liquor License for Forefront Ventures LLC dba Osiris Nightclub; 2) Department of Human Services Payment for February 2008.
LIQUOR LICENSES: The following license(s) were approved and issued: Larimer County Boys and Girls Club – Special Event 6% - Fort Collins
5. BOARD OF COMMISSIONERS APPROVAL OF OPERATION OF A-1 WILDWATER RAFTING BUSINESS FOR THE 2008 RAFTING SEASON:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the operation of the A-1 Wildwater rafting business at the northwest corner of Shields and Highway 287 for the 2008 rafting season. This approval is granted upon the provisions that the applicant operate consistent with the guidelines for the 2007 rafting season and with the understanding that construction of the permanent facilities will be completed by November 1, 2008.
Motion carried 3-0.
There being no further business, the meeting adjourned at 9:40 a.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk
Cynthia A. Clay, Deputy Clerk