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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, September 8, 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 and Michael Whitley, Planning Department; Traci Downs, Engineering Department; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Clerk to the Board.
Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget, Land Use Code or Rubbish Ordinance. No one from the audience addressed the Board regarding any of these topics.
Chair Gibson noted that the following item was on consent and would not be discussed unless requested by the Board, staff, or members of the audience:
1. EAST 1ST STREET RIGHT-OF-WAY VACATION, FILE #08-S2819: This is a request for the vacation of a portion of East 1st Street in Loveland. East 1st Street is a boundary line for the City of Loveland and Larimer County; therefore, State Statute 43-2-303 indicates that the city and county both need to act upon the vacation.
The section of road in question was left unused after development, roadway construction, and annexation occurred. The traffic that would have been served by the right-of-way currently travels on a constructed road to the north of this portion of east 1st Street. In addition, all properties in the area have adequate access via other roads or access easements that will remain.
The Development Services Teams recommends approval of the East 1st Street right-of-way vacation, File # 08-S2819, with the land being equally divided between the adjacent north and south property owners.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Consent Agenda for September 8, 2008.
Motion carried 2-0.
2. FORBES RANCH ESTATES AMENDED 2ND SUBDIVISION, FILE #04-S2335: This is a request for approval to amend the Forbes Ranch Estates Amended 2nd Subdivision Plat, by changing the designation of Lot 6 from a “Recreation Lot” to a “Non-Buildable Out Lot.”
This item was addressed by the Planning Commission on July 16, 2008, and at that time, discussion focused on the status of the lot being designated as a recreation lot on the approved final plat, and thus being non-buildable. The applicant indicated he initially wanted a buildable lot, but now wants the county to formally re-designate it as a non-buildable lot. The applicant stated that he wishes to sell the lot to an adjoining property owner; however, concern over the “recreational” status of the lot has prevented him from doing so. Changing the status of the lot has caused controversy within the Forbes Ranch Estates Subdivision because many of the current homeowners purchased homes in the subdivision with the belief that the “Recreation Lot” would be open to their use. The property has been privately owned by the applicant, Mark Buckley, since purchasing the lot from the Forbes family in 1999. In 2001, Mr. Buckley fenced the property, closing public access to it.
Mr. Wheeler stated that he has received comments from homeowners within the subdivision who could not attend either the Planning Commission meeting nor today’s hearing but are opposed to the re-designation of the lot. These individuals requested that if the Board is inclined to approve the request, the item be tabled until a later date so that they may make arrangements to attend and voice their concerns.
Chair Gibson opened the hearing to public comment and the applicant, Mr. Buckley, addressed the Board. Mr. Buckley stated that he would like to sell the lot and has a prospective buyer. He stated that he would like the designation changed from “Recreation Lot” to “Non-Buildable Out Lot” simply for the purpose of facilitating the sale.
Landis Parsons, the prospective buyer, addressed the Board stating he would like to purchase the lot because it adjoins to the northern end of his daughter’s lot. Mr. Parsons does not want to develop the property, stating that he wishes to utilize it as a horse pasture. Mr. Parsons stated that the only reason he wishes the designation to be changed is to clarify the title.
Thomas Moore, attorney representing Mr. and Mrs. Parsons, stated that he felt the title to the property is “clouded” due to its designation and therefore, advised his client not to purchase the lot.
Mac Juneau, Lori Jones, Andrew Knebel and Daniel Steinbrink, all homeowners in the subdivision, addressed the Board and requested the lot remain designated “Recreation,” stating the recreation lot factored into their decision to purchase within the subdivision. Many of these homeowners stated they did not know the lot was privately owned and thought its designation as a recreational lot meant it was the property of the homeowners. Mr. Steinbrink stated that although there is currently no homeowner’s association in place, the possibility of establishing one, to purchase the property and retain its designation, exists.
Mr. Lafferty stated that after researching this issue, it appeared the intent of the developer was to deed the lot to a homeowners’ association after completion of the development; however, no such association was ever formed and the lot was consequently sold to Mr. Buckley many years later. Mr. Lafferty also stated that on the original plat, “recreation” was not defined and inference as to the developer’s desires for the lot’s use cannot be made.
There being no further public comment, Chair Gibson opened the hearing to the Commissioners for comment. After some discussion about whether the Board obtained the ability to change the designation of the lot, and the probability that a homeowner’s association would be established to purchase the lot, it was determined that the hearing should be tabled until October 13, 2008, at 6:30 p.m. to allow for comments from homeowners who could not be present at today’s meeting.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners table Forbes Ranch Estates Amended 2nd Subdivision, File #04-S2335, until the Land Use Hearing on October 13, 2008 at 6:30 p.m.
Motion carried 2-0.
There being no further business, the meeting recessed at 4:15 p.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioner Rennels was present. Also present were: Naomi O’Connor and Toby Stauffer Planning Department; Traci Downs, Engineering Department; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; William Ressue, Assistant County Attorney; and Melissa Lohry, Clerk to the Board.
Chair Gibson asked for public comment on the County Budget, Land Use Code or Rubbish Ordinance. No one from the audience addressed the Board regarding any of these topics.
1. MCBLAIR RANCH EVENTS CENTER SPECIAL EXCEPTION AND APPEALS, FILE #07-Z1663: This is a request for approval of an events center and wedding facility. The property is located in the Buckhorn Canyon near Masonville off County Road 27 and is zoned O-Open. Other properties in the area are residential, zoned O-Open and most have agricultural operations. In October of 2007 the County requested that the applicant apply for a special exception to operate an events center.
The Larimer County Land Use Code does not have a definition for an events center or wedding facility, however all uses similar in concept to an events center are usually considered a special exception use in a residential zone district.
The applicant has indicated that the events center will occupy two acres of a 39 acre parcel. The proposal indicates that the facility will host 25-30 events per year and that most use will occur in the summer months. Most events are held in the afternoons, although one annual event is scheduled for the evening and usually ends around 10:00 p.m.
This application includes three requests:
1. A Special Exception to allow an events center and wedding facility
2. Larimer County Land Use Code appeals:
A. An appeal to Section 9.7, right-of- way dedication for County Road 27
B. An appeal to Section 8.6.3.C, paving for parking lot and access drive
C. An appeal to Section 9.5 & 9.6, payment of transportation capital expansion fees
D. An appeal to Section 12.5, application for a development construction permit
3. Larimer County Rural Area Road Standards appeals:
A. An appeal to Section 10.4.9, paving the CR 27 access apron
B. An appeal to Section 10.3.4, to widen the access drive to 20 feet in width
Staff’s recommendations to these requests are listed below.
Request 1: a Special Exception to allow an events center and wedding facility.
The Planning Commission recommends that the Board approve the McBlair Ranch Special Exception, File #07-Z1663, subject to the following:
1. Failure to comply with any conditions of the Special Exception approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.
2. This Special Exception approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
3. The site shall be developed consistent with the approved plan and information contained in the McBlair Ranch Special Exception, File # 07-Z1663 except as modified by the conditions of approval or agreement by the county and the applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the McBlair Ranch Special Exception, File # 07-Z1663.
4. This application is approved without the requirement for a development agreement.
5. 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 special exception approval.
6. The Special Exception is approved with the following requirements:
A. Events will be limited to 170 people maximum.
B. Vehicles on site for any event will be limited to 45.
C. Hours of operation for the facility will be 10:00 a.m. to Midnight.
D. The facility will be limited to 30 events per year.
E. Noise from the facility will be managed in accordance with the Land Use Code and the applicant’s noise mitigation plan included with this application.
7. The Special Exception is approved with the following requirements pertaining specifically to the building:
A. The applicant shall obtain a Change of Occupancy Permit for the existing events building with all requirements of said permit completed and inspected within 180 days from the date of this approval (refer to the Code Compliance Special inspection and Staff Report Dated May 15, 2008 for specific information). During the aforementioned 180 days the applicant will be allowed to have scheduled events, but if a Certificate of Occupancy has not been issued by the end of this time frame the applicant will discontinue all events in the building. Additionally, by the end of the 180 days the applicant will also obtain a final inspection and approval from the Loveland Fire Prevention Bureau confirming all conditions attached to a fire and life-safety plan have been satisfied.
B. All other required approvals and site improvements, such as parking and access, must be installed, inspected and approved within 240 days of this approval. Prior to the installation of the site improvements the applicant shall obtain a Development Construction Permit through the Larimer County Engineering Department and all improvements to the site shall received a final inspection and approval by said permit.
8. Prior to the application of the Change of Occupancy Permit the applicant will need to provide a Drainage and Erosion Control Narrative that details the existing and proposed drainage paths on and off-site as well as any impacts that an increase in site imperviousness from the parking area may have. The Drainage and Erosion Control Narrative will need to be provided by a licensed engineer and the Engineering Department will need to review and approve the narrative before the applicant can proceed with a permit process.
9. Parking for any events at the events center cannot impact the circulation or access for any part of the access road to the facility. Events and associated parking will need to allow adequate circulation for traffic and emergency vehicles.
Request 2: appeals to Land Use Code Sections 9.7- Right-of-Way dedication for County Road 27, 8.6.3.C, paving for parking lot and access drive, 9.5 & 9.6, payment of Transportation Capital Expansion Fees, and Section 12.5, application for a Development Construction Permit.
The Planning Commission recommends that the Board deny the McBlair Ranch Special Exception appeal to Section 9.7 of the Larimer County Land Use Code, File #07-Z1663, and that Sections 9.5, 9.6, and 12.5 of the Land Use Code not be considered.
The Planning Commission recommends that the Board approve the McBlair Ranch Special Exception appeal to Section 8.6.3.C of the Larimer County Land Use Code regarding paving for parking lot and access drive, File #07-Z1663, subject to the following condition:
1. Prior to the issuance of the Certificate of Occupancy the applicant will need to surface the parking are and drive areas with an all weather material such as aggregate base course or recycled asphalt. The applicant will need to expand and construct the parking area in accordance with Engineering Department Standards, conditions of this report, and applicable code requirements.
Staff recommends denial of Request 2, A, C and D, approval of Request 2B.
Request 3: appeals to the Larimer County Rural Area Road Standards sections 10.4.9, regarding paving of the CR 27 access apron, and Section 10.3.4, to widen the access drive to 20’ in width
The Planning Commission recommends that the Board deny the McBlair Ranch Special Exception appeals to Section 10.4.9 of the Larimer County Rural Area Road Standards, file #07-Z1663, and Section 10.3.4 not be voted on subject to discussion and negotiation between the applicant and the engineering department regarding the width of the drive.
On July 17, 2008, the McBlair Ranch Special Exception request was presented to the Larimer County Planning Commission as a discussion item. At that time, the applicant provided the Planning Commission with documentation outlining his objections to the conditions as they appeared in the staff report. Those concerns are included below.
Request 1 – the applicant has expressed the following concerns with conditions 6, 7, 8, 9, and 10:
Condition 6 outlines the parameters of the facility. The limits were decided upon in conversation with the applicant on the phone and through reading the project proposal and submittal materials. The limits set a baseline for operations of the facility and guidelines such as these are generally a part of a special exception approval. Staff recommends the request be approved with the limits on the facility listed in condition 6.
Condition 7 indicates the first step that the applicant should take to bring the property’s use into compliance with current codes, which is beginning to bring the building up to code. This condition is intended to ensure the health and safety of individuals using the structure for events and helps to limit liability on the part of the county for any danger that is posed by the structure. Currently the building is not permitted as an agricultural building or a building that can accommodate events. Staff recommends that the commissioners approve the request with Condition 7.
Condition 8 lists one final requirement for the applicant that needs to occur prior to application for a building permit. The Drainage and Erosion Control Narrative is a short document that is required to confirm that the drainage patterns resulting from the building will not impact surrounding drainage. This is usually a fairly informal document that should be of minimal cost to the applicant and is not intended to be an additional expensive engineering study as the applicant has indicated in his comments dated July 16, 2008. Staff recommends approval of the request with Condition 8.
Conditions 7 and 9 list additional steps that need to be taken by the applicant to render the building safe for events. These are items associated with the Change of Occupancy Building Permit. Currently, the building is unpermitted for any use. Meeting the Change of Occupancy permit requirements will allow events to be held in the existing building. Staff recommends approval of the request with Conditions 7 and 9.
Request 2 – the applicant expressed concern with all recommendations in this request. The Land Use Code requires additional right-of-way (ROW) for roads adjacent to all special review applications if the existing ROW does not meet the current roadway classification requirements and width. In this case, 50 feet of ROW along County Road 27 is required because the road is classified as a “major collector.” This requirement is in place to assure that adequate ROW is available for potential road widening improvements that may include bike lanes, gravel shoulders, and/or turn lanes. Adequate ROW also provides space for other more frequent improvements such as roadside swale grading, localized grading or drainage improvements, installation of various utilities and space for snow plowing.
In regards to request 2B, the Development Services Team and the Planning Commission recommend an appeal to the code standard of parking lot and access road paving, in favor of a lesser requirement to surface the parking lot and access road with aggregate base course or crushed asphalt. The applicant’s project description indicates that the parking area and access road are presently surfaced with recycled asphalt, so it is the understanding of the team that only additional material may need to be applied. Presently, there appears to be some confusion between the applicant and staff on this requirement. To clarify, the Development Services Team is NOT requiring the applicant to pave or surface the entire pasture, but rather only the portion of the property that is shown on the plans for parking and for the access road. Staff anticipates that the parking for the events will be accommodated in the parking area shown on the plans, and that the applicant would surface the parking area accordingly.
The Planning Commission understood that the requests were included in the report because they are under the purview of the County Commissioners and not the Planning Commission, therefore, the Planning Commission did not provide recommendations to the Commissioners for those items in request 2. Staff recommends denial of the appeal to Sections 9.5, 9.6 and 12.5 of the Land Use Code. In addition, the Planning Commission and Development Review Team recommend denial of an appeal to Section 9.7 of the Land Use Code, right-of-way dedication for County Road 27.
Request 3 – the applicant expressed concern with the requirements for paving and widening access to the property. The Planning Commission and Development Review Team recommend denial of the appeal to the Larimer County Rural Area Road Standards sections 10.4.9 paving the CR 27 access apron, and on the appeal to Section 10.3.4 widening the access drive to 20’ in width. The Planning Commission did not provide a recommendation to the County Commissioners, citing a discussion that may take place between the applicant and the Engineering Department. To date, no discussion has taken place and the Development Services Team continues to recommend denial of the appeal to that section of the Rural Area Road Standards. The engineering department is willing to talk with the applicant about some options for the road width.
Building Classification – the applicant has requested the building be classified as an agricultural building instead of an assembly type building. It is staff’s conclusion that the Board of County Commissioners does not have the authority to change the use classification of the building. Therefore, the applicant must make this request to the Building Board of Appeals. Until such a time, staff is requiring the building be classified as a structure for community events and weddings and that the permits and inspections for such use be completed.
Chair Gibson opened the hearing to public comment and the applicants, Charles and Sylvia Clausen, addressed the Board. Mr. Clausen stated that he spoke with an individual from the fire department who informed him that the dimensions of the access roadways could remain as they were because he planned to direct traffic onto the property via a private drive that used to serve as County Road 27 and off of the property via a different private drive which also used to serve as County Road 27. Mr. Clausen also requested to pay the costs associated with Request 2C at the time he applies for a building permit.
Joe and Marilyn Dion, neighbors to the applicants, then addressed the Board and stated they were not opposed to the request. Mrs. Dion also stated that the Clausen’s were allowing the utilization of their facilities to subsidize income and not to amass personal wealth. She also called attention to the local businesses, such as caterers, florists, etcetera, that benefit from the events held on the Clausen’s property.
There being no further public comment, Chair Gibson opened the hearing to the Commissioners for comment. Both Chair Gibson and Commissioner Rennels agreed that there is a need for an events center such as the Clausen’s and both encouraged the applicants and their efforts to meet the needs of their community. Commissioner Rennels also encouraged the applicants to meet with the engineering department and the fire department to resolve the issues of roadway access to and from the property.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve Request 1 of the McBlair Special Exception and Appeals file #07-Z1663 subject to the Conditions outlined above. Commissioner Rennels also moved that the Board of County Commissioners table Requests 2 and 3, of the McBlair Special Exception and Appeals file #07-Z1663, until November 3, 2008, in order to resolve the outstanding road issues.
Motion carried 2-0.
There being no further business, the meeting adjourned at 7:45 p.m.
Tuesday, September 9, 2008
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Gibson presided and Commissioner Rennels was present. Also present were: Donna Hart, Rob Helmick and Deni LaRue, Commissioners’ Office; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; George Haas, County Attorney; and Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: Jay Stuvall and Lori Drew addressed the Board regarding the Sloan Mining Operation. However, because an application has been filed regarding this operation, Mr. Lancaster explained that the Board could not have a conversation regarding this application because it would be ex parte in nature.
Dick Livingston, addressed the Board regarding Northern Integrated Supply Project (NISP). He applauded the City of Fort Collins for removing the “sales and politics” surrounding this project in order to focus on the science.
Greg Spear, Gina Janett, and Jill Vesty each addressed the Board separately regarding the Northern Integrated Supply Project (NISP) and the corresponding Environmental Impact Statement. All spoke in opposition to NISP and cited concerns about water quality, impacts on wildlife and recreation and their desire to see the Poudre River remain in its current state.
2. APPROVAL OF MINUTES FOR THE WEEK OF SEPTEMBER 1, 2008:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of September 1, 2008.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 1, 2008: 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 September 9, 2008:
09092008A001 SUB-CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD AND CORRECTIONAL MANAGEMENT INC.
09092008A002 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER AND WINDSOR-SEVERENCE FIRE PROTECTION DISTRICT
09092008A003 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER AND THE TOWN OF ESTES PARK
09092008A004 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER AND ST. VRAIN VALLEY SCHOOL
09092008A005 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER AND ESTES VALLEY RECREATION & PARK DISTRICT
09092008A006 WARRANTY MEMORANDUM BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, S2CR LAND & DEVELOPMENT LLC AND MEADOWS AT ROLLING HILLS HOMEOWNERS ASSOCIATION
09092008A007 GRANT AGREEMENT FOR COLORADO FRONT RANGE TRAIL AND TRAILHEAD AT RIVER BLUFFS BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
09092008R001 RESOLUTION TERMINATING LEASE TO MINE AND QUARRY STONE (PARTICULARLY ALABASTER) ON PROPERTY LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION SIX, TOWNSHIP ELEVEN NORTH, RANGE SIXTY-NINE WEST OF THE 6TH P.M., LARMER COUNTY
09092008R002 RECINDS & REPLACES RESOLUTION #08262008R001; RESOLUTION ADOPTING THE 2006 INTERNATIONAL FIRE CODE, CERTAIN FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE, PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR PERMIT TO ISSUANCE
MISCELLANEOUS: Department of Human Services Payments for July 2008.
LIQUOR LICENSES: The following licenses were approved and issued: Roger Lunsford, doing business as, Columbine Lodge – 3.2% – Bellvue; The Fox LLC, doing business as, Fox Acres County Club – New Manager Registration – Red Feather Lake; Crystal Lakes Road & Recreation Association, doing business as, The Restaurant – Beer and Wine – Red Feather Lake.
Motion carried 2-0.
5. COUNTY MANAGER WORKSESSION: Frank Lancaster suggested the Board convey a special “thank you” to all of the staff for their time and work on the Northern Integrated Supply Project.
6. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
7. CONSIDERATION OF FINAL COMMISSIONERS’ WRITTEN COMMENTS CONCERNING NORTHERN INTEGRATED SUPPLY PROJECT (NISP): (Commissioner Eubanks joined the meeting via telephone to discuss this topic.) Frank Lancaster and Rob Helmick presented a draft of the Environmental Impact Statement for the NISP, as requested by the Army Corps of Engineers. The draft was reviewed by the Board in addition to comments from the Open Lands Advisory Board and the Environmental Advisory Board (EAB). The Board made recommendations for addition or deletion of specific items and ultimately felt the letter would be complete with only minor revisions.
Commissioner Eubanks ended his participation in the meeting at this time.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Commissioners’ comments on the Environmental Impact Statement for the Northern Integrated Supply Project with the revisions outlined by the Board, and authorize the chair to sign the letter once it has been finalized and reviewed by the Commissioners.
Motion carried 2-0.
8. LEGAL MATTERS: Mr. Haas presented the Intergovernmental Agreement Regarding the US 34/Crossroads Corridor Renewal Plan to the Board. The board reviewed and approved the agreement.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Intergovernmental Agreement Regarding the US 34/Crossroads Corridor Renewal Plan as presented.
Motion carried 2-0.
09092008A008 INTERGOVERNMENTAL AGREEMENT REGARDING THE US 34/CROSSROADS CORRIDOR RENEWAL PLAN BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF LOVELAND, CENTERRA METROPOLITAN DISTRITCT NO. 1, CENTERRA PROPERTIES WEST LLC AND THE LOVELAND URBAN RENEWAL AUTHORITY
There being no further business, the meeting adjourned at 11:00 a.m.
LIQUOR LICENSE HEARING FOR LA CHAMBA
The Board of County Commissioners met at 2:30 p.m. with Linda Connors, Assistant County Attorney. Chair Gibson presided and Commissioner Rennels was present. Also present were: Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; Rebecca Metcalf, Court Reporter; and Melissa Lohry, Deputy Clerk.
The applicant, Francisco Loma Ibarra, was sworn in and Ms. Connors reviewed the contents of the application. Ms. Connors presented Exhibit A, the petition demonstrating the needs and desires of the surrounding neighborhood, and Exhibits B1 through B7, photos of the posting of the premises.
Ms. Connors asked Mr. Loma a series of questions regarding the posting of the premises and the circulation of the petition. Mr. Loma stated the notice had been posted for nearly 30 days. He also noted that he had circulated the petition through the surrounding neighborhood himself and had not encountered any opposition to the granting of this liquor license.
Ms. Connors questioned whether Mr. Loma was familiar with the liquor laws of Colorado. Mr. Loma stated he was familiar with the laws because he has many years of experience working as security in local bars and clubs as well as working as a musician in similar establishments. Ms. Connors questioned how Mr. Loma was going to train his employees and he stated that two of his employees have previous experience. Ms. Connors asked Mr. Loma whether he or any of his staff had attended the TIPS training offered by the Sheriff’s Department. Mr. Loma stated they had not.
Ms. Connors questioned Mr. Loma about his previous arrests for Driving While Ability Impaired. Mr. Loma stated he had completed all of the requirements set forth by law in regards to both incidents, including attending alcohol education classes.
Ms. Connors noted for the record that there was no one in the audience to speak in favor of, or opposition to, granting this liquor license.
Commissioner Rennels and Chair Gibson strongly encouraged Mr. Loma to attend the TIPS training with his staff and he stated he would do so.
The Board and Ms. Connors spoke about the building inspection that occurred the previous day, stating that the inspector found Mr. Loma needed to establish a second exit from the dance floor as well as remove an exterior wall that is in a state of disrepair. Commissioner Rennels informed the applicant that these matters would need to be rectified in addition to passing a building inspection, before a liquor license would be issued.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the application and grant a Hotel and Restaurant Liquor License, for La Chamba located at 1901 E. Lincoln Avenue, Fort Collins, Colorado 80524, on the condition that a building inspection be completed and passed.
Motion carried 2-0.
There being no further business, the meeting adjourned at 3:00 p.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk