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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, September 29, 2008
LAND USE HEARING
The Board of County Commissioners met at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioner Rennels was present. Also present were Rob Helmick, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.
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.
1. COLORADO YOUTH OUTDOORS SPECIAL EXCEPTION, FILE #07-Z1665: This is a review of a Special Exception for use of a 240 acre site as a youth/family outdoor education facility and headquarters, to include shooting ranges, and appeals to the requirements for paving of access roads and parking areas. The subject property is located south of County Road 36, north of County Road 34C, immediately east of I-25 and west of County Road 5.
This application was presented to the Larimer County Planning Commission at their August 20, 2008 meeting as a discussion item for public hearing. It was placed on the discussion agenda because of the number of calls and e-mails received by the staff regarding the appropriateness and compatibility of the shooting range uses. During staff review, no original comment identified a conflict. Neighbor comments have since identified multiple conflicts with the shooting range uses. A neighboring land owner, Mr. Pfister, representing himself and others had lobbied the Town of Windsor to reconsider its comments. An e-mail form the Town received on September, 16, 2008 indicates that the Town is not reopening its hearings on the issue.
Staff recommends approval of the request with a number of conditions, including a resolution for the days and hours of the use of the skeet range. The main concern of staff is the issue of compatibility with surrounding land uses; therefore, staff proposed the following limitations on use:
· No Sunday
· Limited operations on Saturday
· Not seven days a week
· A limit on late hours
· Not more than 2-3 nights a week
Questions with this are related to:
· Who the users are, the operators/owners are Colorado Youth Outdoors who allows other groups that meet their criteria to use the facilities. This opens the issue of when is the facility open/available for use as opposed to when it is actually used.
· Additionally, there would be hunting allowed on the site which can occur as the seasons permit. Although this is not the same type or intensity of noise generated by a skeet range.
After the Larimer County Planning Commission meeting staff requested information from and a “position” with respect to the hours days use question from the applicant. Their initial response was to suggest that they needed flexibility and that their preference was 9:00 a.m. to 9:00 p.m. seven days a week to allow for all possible users and although not suggesting limits indicating that they distinguish between “open” and “available.” Based upon the Larimer County Planning Commission input and the concern raised by neighboring owners staff does not find this to be a reasonable proposal.
Another part of this concern is that the development plan which is a part of the initial zoning of the property south of CR 34C, in the Town of Windsor includes a component of multi-family uses at up to 15du/acre, this would imply multi-story structures that may not be screenable from a noise standpoint.
Staff recommends to that the Colorado Youth Outdoors Special Exception, file #07-Z1665, and appeal to Section 8.6.3. of the Larimer County Land Use Code to the parking paving requirements for the educational pavilion, for the property described on “Exhibit C” to the minutes, be approved subject to the following conditions:
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. Each phase of the site development shall complete Site Plan Review prior to initiation of any activities.
3. The applicant and the Larimer County Engineering Department shall develop a phasing plan for turn lane construction prior to the Board of County Commissioners public hearing, approval at that time.
4. The education pavilion parking area may be gravel surfaced. The access off of CR 36 must be paved with an apron approved by the Larimer County Engineering Department.
5. A final shooting management plan shall be provided as a part of the Site Plan Review for the facility. At a minimum it shall include the prohibition of lead shot, how non-toxic shot will be provided, the hours and days of operation, and supervision
6. The hours of operation of the skeet range shall be:
8:00 a.m. – 7:00 p.m. Monday, Tuesday, Thursday
8:00 a.m. – 9:00 p.m. Wednesday and Friday
9:00 a.m. – 5:00 p.m. Saturday
6. The number of users and events shall be consistent with the representations contained on figures 3 and 4 of the application project description, except has modified by these conditions.
7. The final drainage plans and any structures to be built over the Fossil Creek Ditch must be reviewed and approved by the ditch company prior as a part of the approval of any construction plans for any phase.
8. The applicant shall coordinate the construction of the access on CR 34C with the Town of Windsor. The parking lot for the shooting ranges/circular building and offices must be paved for the base use level of 100 persons. Overflow or special event parking may be gravel surfaced.
9. The applicants must have the Swift Rural Land Use Plan vacation of the plat approved and recorded by the Board of County Commissioners prior to the issuance of any permits for the use at this site.
10. A final lighting plan for the parking areas and the trap range must be submitted and approved at Site Plan Review. This plan must pay special attention to and avoid light trespass and glare onto any adjoining residential uses and on I-25.
11. A final noise mitigation plan that demonstrates compliance with the noise ordinance, with improved noise reduction berms must be completed as a part of the Site Plan Review for the skeet/trap range uses. If it is determined that the skeet/trap use constitutes a noise disturbance as defined in the ordinance modifications to the use may be required.
The construction plans for the indoor shooting range must be developed to be consistent with the recommendations of the Larimer County Health Department to address indoor lead levels.
Mr. Helmick addressed the Board and informed them that Bob Hewson, on behalf of Colorado Youth Outdoors, had sent a letter to staff requesting the hearing be tabled until November. Mr. Hewson stated that due to an opening in dialogue between Colorado Youth Outdoors and neighbors, he feels it is in the best interest of all parties to try to resolve any issues on their own. Mr. Helmick stated that staff was in favor of tabling the hearing until November and that he had informed some of the public that it was likely to happen.
Commissioner Rennels stated that she had received calls throughout the day regarding the possible postponement and she felt there were individuals who were not present at the meeting because they were under the impression the hearing would not go forward.
Commissioner Rennels then asked Mr. Hewson to address the Board and confirm his desire to table the hearing. Mr. Hewson did so.
Both Commissioner Rennels and Chair Gibson were in agreement that the hearing should be tabled until November 3, 2008.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners table the Colorado Youth Outdoors Special Exception, file #07-Z1665, until November 3, 2008, at 6:30 p.m.
Motion carried 2-0.
There being no further business, the hearing adjourned at 6:40 p.m.
TUESDAY, SEPTEMBER 30, 2008
The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager. Chair Gibson presided and Commissioner Rennels was present. Also present were: Scott Doyle, Clerk and Recorder; Cynthia Coleman, Elections Department; Donna Hart and Deni LaRue, Commissioner’s Office; Ed Woodward, Engineering Department; Candace Phippen, Planning Department; George Haas, County Attorney; and Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: There was no public comment today.
2. PUBLIC HEARING ON VOTE CENTER LOCATIONS: Mr. Doyle and Ms. Coleman presented the official Larimer County vote center locations to the Board. Ms. Coleman informed the Board that due to growth in the area, they would be adding three new vote center locations to Loveland. She stated early voting would be held October 20, 2008 through October 31, 2008 and election day will be November 4, 2008. She also informed the Board that 10,000 new voters had been registered in Larimer County over the last 30 days.
Chair Gibson noted for the public that any resident of Larimer County could vote at any of the vote center within Larimer County.
3. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 22, 2008: Commissioner Rennels asked that the minutes from the Abatement Hearing on September 24, 2008 be considered next week as she was not present for that hearing.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of September 22, 2008 except for the minutes from the Abatement Hearing on September 24, 2008.
Motion carried 2-0.
4. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 29, 2008: Ms. Hart reviewed the upcoming schedule with the Board.
5. CONSENT AGENDA: Chair Gibson asked that the “Custodial Services Agreement by and between Larimer County and Porter Industries Inc.,” be removed from the Consent Agenda due to Commissioner Eubanks’ request to discuss the agreement when he returns next week.
Commissioner Rennels also wanted to call attention to the “Letter of Support” for the Poudre Canyon Fire District, to offer congratulations and wish success in their endeavor.
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 30, 2008.
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following Petitions for Abatement are presented for approval: Albert H. and Donna C. Work; Fort Collins Real Estate LLC; James Million and Aaron P. Eddy.
09302008A002 DEVELOPMENT AGREEMENT FOR THE BERTHOUD FAMILY CHURCH SITE PLAN LANDSCAPING BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BERTHOUD FAMILY CHURCH
09302008A003 DEPARTMENT OF PUBLIC WORKS CONTRACT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING COMPANY, INC.
09302008D001 DEED OF DEDICATION FOR SPRUCE LAKE RV ESSENTIAL GROUP LLC
09302008R001 FINDINGS AND RESOLUTION APPROVING THE ROWE EXEMPTION
MISCELLANEOUS: Findings and Order for Denial of a Beer & Wine Liquor License to the Applicant, Cashman Enterprises LLC, doing business as Osiris Nightclub; Letter of Support for the Poudre Canyon Fire District (to apply for funds to build two new firehouse/community center complexes in Poudre Canyon).
LIQUOR LICENSES: The following licenses were approved and issued: American Legion Post Home Association / Geo Beach Post #4 – Club Liquor License – Fort Collins; Charco Broiler Inc. – Hotel and Restaurant License – Fort Collins; Crossroads Lodging Company, doing business as Best Western Crossroads – Tavern License – Loveland; Jayem Enterprises LLC, doing business as The Canyon Grill – Hotel and Restaurant License – Fort Collins; and Alternatives to Violence Inc. – Special Event Permit 6% – Loveland.
Motion carried 2-0.
6. BOARDS AND COMMISSIONS APPOINTMENTS: Ms. LaRue presented the appointments and corrections to the Office on Aging Advisory Council and the Estes Valley Board of Adjustment. David Born, Tim Dolan and Judith Jones were each appointed to three year terms, to end June 30, 2011, to the Office on Aging Advisory Council. Al Sager’s term on the Estes Valley Board of Adjustment was corrected so that it will end on February 28, 2010.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the appointment of David Born, Tim Dolan and Judith Jones to the Office on Aging Advisory Council and the correction of Al Sager’s appointment to the Estes Valley Board of Adjustment.
Motion carried 2-0.
7. ASSISTANT COUNTY MANAGER WORKSESSION: There were no worksession items to discuss.
8. COMMISSIONER ACTIVITY REPORT: The Board noted their attendance at events during the past week.
9. LEGAL MATTERS: Claudia Segar addressed the Board and requested and extension of six to eight months for Flood Review Approval. Ms. Segar’s request for an extension stems from her inability to obtain an engineer to conduct a study necessary to complete her application for approval from the Flood Review Board. Ms. Segar stated that once she closes on the property in November, she plans to remove one of the structures from the property and the larger, remaining structure only extends half-way into the flood plane.
As she has already been granted six months by the Board to complete and submit her application to the Flood Review Board, Mr. Woodward recommended that the Board only grant her three additional months. Mr. Woodward stated that he felt this was adequate time to complete the application and would prevent the issue from spilling over into the next flood season.
Commissioner Rennels suggested that the Board compromise between Ms. Segar’s request and the recommendations of Mr. Woodward, resulting in a five month extension of the deadline for the study results, and requiring Ms. Segar to present her application to the Flood Review Board in six months. Chair Gibson also stated that he was comfortable with giving Ms. Segar a five month extension.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners authorize immediate legal action if the two structures constructed in the flood plane, without county approval, are used or occupied. She also moved to authorize legal actions if the two structures are not removed from the property or approved by the Flood Review Board within five months from this date and if building permits and required inspections are not obtained within six months from this date.
Motion carried 2-0.
There being no further business, the meeting adjourned.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk