> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 11/03/08  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 3, 2008

 

LAND USE HEARING

(#28)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Frank Lancaster, County Manager;  Rob Helmick, Samantha Mott, Toby Stauffer and Sean Wheeler, Planning Department;  Christie Coleman and Traci Shambo, Engineering Department;  Doug Ryan, Environmental Health Department;  George Haas, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gibson opened the hearing 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 explained that the Administrative Matters’ Consent Agenda would be presented at today’s hearing because the Commissioners’ Office will be closed on November 4, 2008, due to the election.

 

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 November 3, 2008:

 

11032008A001           WARRANTY MEMORANDUM FOR INFRASTRUCTURE IMPROVEMENTS FOR AUBURN ESTATES CONSERVATION DEVELOPMENT 03-S2143 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COUNTY ROAD 3, LLC AND AUBURN ESTATES HOMEOWNERS ASSOCIATION

 

11032008A002           NOTICE CONCERNING RESTRICTION ON SALE OF LOT 5 MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT, PURSUANT TO THE AGREEMENT DATED DECEMBER 21, 2004, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SUBDIVIDER, JOHN SANTERAMO

 

11032008A003           2008 INTERGOVERNMENTAL AGREEMENT CONCERNING LARIMER COUNTY JUVENILLE ASSESSMENT CENTER, AKA THE HUB, AND JUVENILLE TRANSPORT SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FORT COLLINS, LOVELAND, ESTES PARK, BERTHOUD, COLORADO STATE UNIVERSITY AND THE LARIMER COUNTY SHERIFF’S OFFICE

 

11032008A004           COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE HOUSING AUTHORITY OF THE CITY OF LOVELAND

 

11032008R001           RESOLUTION REGARDING THE RELEASE OF RESTRICTION ON SALE OF LOT 6 IN MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT

 

11032008R002           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF TRACT 1 AND TRACT 2 OF THE AMENDED YELEK EXEMPTION AND VACATION OF ACCESS AND UTILITY EASEMENT

 

11032008R003           FINDINGS AND RESOLUTION APPROVING THE COLLEY HOME OCCUPATION MINOR SPECIAL REVIEW

 

11032008R004           FINDINGS AND RESOLUTION APPROVING THE SKOGERBOE MINOR SPECIAL REVIEW

 

11032008R005           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 1 OF THE AMENDED PLAT OF LOTS 54, 55, 56 AND LOT 1 OF THE AMENDED PLAT OF LOT 2 AND LOT 3 OF THE AMENDED PLOT OF LOTS 54, 55, 56 OF THE FORT COLLINS INDUSTRIAL PARK 1ST FILING AND DRAINAGE EASEMENT VACATION

 

11032008R006           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 1 AND 2 OF THE BROOKLIND ESTATES RURAL LAND PLAN

 

11032008R007           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 4 AND 5 OF TRACT 3 IN THE WESTVIEW RURAL LAND PLAN

 

11032008R008           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

11032008R009           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS: Approve Appointments to the Rural Land Use Board, Agricultural Advisory Board, Red Feather Lakes PAC, and Retirement Board; Wagner-Peyser/ESE Expenditure Authorization.

 

LIQUOR LICENSES:           The following licenses were approved and issued: Western Ridge Restaurant & Resort – Hotel and Restaurant – Livermore;  City Limit Liquor – Retail Liquor Store – Fort Collins;  La Chamba – Hotel and Restaurant – Fort Collins.

 

Motion carried 3-0.

 

Chair Gibson noted the scheduled Land Use Hearing would now resume.

 

1.         LAND USE CODE AMENDMENTS REGARDING CEMETERIES AND FUNERAL HOMES, FILE #08-CA008:  Staff requested this item be tabled until December 8, 2008.

 

2.         LAND USE CODE AMENDMENTS REGARDING THRESHOLDS, FILE #08-CA0089:  Staff requested this item be removed from the agenda and rescheduled at a date to be determined.

 

M O T I O N

 

Commissioner Eubanks requested that the Board of County Commissioners approve staff’s requests to table the Land Use Code Amendments Regarding Cemeteries and Funeral Homes, file #08-CA0088, until December 8, 2008, and to remove the Land Use Code Amendments Regarding Thresholds, file #08-CA0089.

 

Motion carried 3-0.

 

Chair Gibson noted that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  Mr. Lafferty requested that item eight, “Billenstien Appeal, file #08-G0160,” be added to the consent agenda.

 

Commissioner Rennels asked the applicant for the Billenstien Appeal to address the Board. Rick Emery confirmed that he was in agreement with staff and would like the item to appear on the consent agenda.  The Board obliged this request.

 

3.         PEARL VISTA CONSERVATION DEVELOPMENT CHANGE OF CONDITION AND DEVELOPMENT AGREEMENT AMENDMENT, FILE #08-G0157:  The Pearl Vista Conservation Development was approved with conditions by the County Commissioners on March 20, 2006.  Condition #6 stated, “Fire sprinklers are required for new habitable construction.”  The condition was based on the referral response from the Crystal Lakes Fire Protection District.  In addition, the applicant was also required to complete wildfire hazard mitigation and install water storage for fire fighting purposes on the new lots.  

 

The applicant now requests that the condition #6 be deleted and the Development Agreement changed to reflect that proposed change.  Staff referred this request to the Crystal Lake Fire Protection District and Tony Simons, Wildfire Safety.  A written response was received from Crystal Lake Fire dated Sept 18, 2008, which indicated that they felt the requirement for sprinkler systems should be honored.  Subsequent to that letter, the applicant and the fire protection district met and the district changed their position. 

 

Staff recommends approval of the request to delete condition #6, requiring fire sprinklers for new habitable construction, and modify the Development Agreement to reflect the changed condition.

 

4.         SPRING CANYON HEIGHTS SUBDIVISION 2ND FILING LOT 23A OF THE AMENDED PLAT OF LOTS 23-27 EASEMENT VACATION, FILE #08-S2835:  This is a request for the vacation of a portion of a 15-foot utility easement that runs through the middle of the property on Lot 23A in the Spring Canyon Heights Subdivision Second Filing.  The existing home is currently located within the easement to be vacated. 

 

The proposed easement vacation will not adversely affect any neighboring properties or any county agency.  Staff finds that the utility easement vacation request meets the requirements of the Larimer County Land Use Code; and therefore, recommends approval of the easement vacation.

 

5.         EAST OWASSA LAKE LOTS 46A AND 48 BLOCK 31 AMENDED PLAT/EASEMENT VACATION, FILE #08-S2834:  This is a request is to amend the plat of East Owassa Subdivision to consolidate 2 lots into one lot and add a portion of the Quaintance property to the Suinn property.

 

The proposed plat amendment will not adversely affect any neighboring properties or any county agency.  The amended plat will not result in any additional lots. The staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Lot 46A, Block 31 of the Amended Plat of Lots 46 & 47, Block 31 East Owassa Subdivision and Lot 48, Block 31 East Owassa Subdivision, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    The final plat shall be recorded by May 3, 2009, or this approval shall be null and void.

 

2.    Prior to the recordation of the final plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Larimer County Assessor’s Office.

 

6.         RETREAT 4TH FILING LOTS 8, 9 AND 10 AMENDED PLAT/EASEMENT VACATION, FILE #08-S2833:  This is a request is to amend the plat of the Retreat Subdivision to consolidate 3 lots into two and vacate a 20-foot utility easement along the common lot lines of the adjacent properties.

 

Staff has found that the proposed plat amendment to The Retreat Subdivision, combining three properties into two and vacating an unused 20-foot utility easement will not adversely affect any neighboring properties or the county.  The Amended Plat will not result in any additional lots. Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Lots 8, 9 and 10 of the Retreat Subdivision, Fourth Filing and 20-foot Utility Easement Vacation, file # 08-S2833, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.         The final plat shall be recorded by May 3, 2009, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

8.         BILLENSTIEN APPEAL, FILE #08-G0160:  This is an appeal to Sections 4.3.10.F.1.a, b, and d to allow an attached accessory living area to have a separate entrance from the main home, to not have a 12-foot contiguous wall with a doorway connecting living space of the dwelling with living space of the accessory dwelling, and to be 644-square-feet in size, which exceeds 40 percent of the size of the existing home.

 

There is an existing one-story single family dwelling on the property with an attached garage.  The applicant is proposing to build an attached accessory living area over the garage.  Attached accessory living areas are uses allowed by right in the Land Use Code provided they meet the Code requirements.  Because the existing home is one-story and the attached accessory living area addition will be over the existing garage, the applicant has indicated that they cannot meet all the code requirements and they are therefore appealing these requirements.

 

The applicant is requesting an appeal to Sections 4.3.10.F.1.a, b, and d of the Larimer County Land Use Code. 

 

Section 4.3.10.F.1.a states, in part, that an attached living area incorporated into a single family dwelling must maintain the single-family character of the structure by providing one main entrance to the structure, one set of utility meters, and one address for the property.  The applicant has stated that the single family character will be maintained and there will be one address and one set of utility meters, but because this addition is on the second floor and the main home is one story there will be a second entrance to the accessory living area.

 

Section 4.3.10.F.1.b states, in part, that 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 living area in the dwelling.  Because the addition is a second-story addition above the garage and the existing home is one-story the connection does not allow passage from living area to living area,  the access is through a garage or a separate entrance.

 

Section  4.3.10.F.1.d states, in part, that the total square footage of the accessory living area must not exceed 40 percent 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.  The existing home according to the Assessor’s Office is 1374-square-feet.  The proposed accessory living area is 644 square feet which exceeds 40 percent of the square footage of the original home which would be 549-square-feet, but is less than 800-square-feet.

 

The applicant has stated the other requirements for an attached accessory living area will be met.  It will 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 the accessory living area must not be rented or leased separately from the single-family dwelling.

 

Staff finds the request meets the review criteria of Section 22.2.3 as outlined in the Land Use Code and recommends approval of the Billenstien Appeal, subject to the following conditions:

 

1.         The owner is responsible for obtaining all required building permits for the attached accessory living area and paying all applicable fees related to the building permit.

 

2.         The habitable space of the attached accessory living area shall not be further expanded beyond the proposed 664-square-feet.

 

3.         At the time of the building permit application, the owner shall sign an Attached Accessory Living Area Agreement which will indicate what the owner has agreed to as well as advise potential future lot buyers of the restrictions placed on the Accessory Living Area. 

 

4.         The Spring Canyon Heights Subdivision Second Filing Lot 23A of the Amended Plat of lots 23-27 Easement Vacation will need to be approved prior to issuance of a building permit.  The easement vacation was submitted concurrently with this appeal and no objections to the easement vacation have been received.

 

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 appeal approval.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda for November 3, 2008.

 

Motion carried 3-0.

 

7.         MCBLAIR RANCH EVENTS CENTER SPECIAL EXCEPTION, FILE #07-Z1663:  This is a request for an appeal to Section 8.6.3.C of the Larimer County Land Use Code, paving for parking lot and access drive. At the September 8, 2008 Board of County Commissioners hearing, the request for an events center use at the McBlair Ranch was approved by the Board of County Commissioners. The remaining portions of the application, including appeals, were tabled are listed below:

 

Request 2.  Larimer County Land Use Code (LCLUC) 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.

 

Request 3.  Larimer County Rural Area Road Standards (LCRARS) Variances

A.         A variance to Section 10.4.9, paving the County Road 27 access apron

B.         A variance to Section 10.3.4, to widen the access drive to 20’ in width

 

At the hearing on September 8, 2008, the Board requested that staff meet with the applicant to go through engineering and building concerns and considerations. On September 18, 2008, staff met with the Clausen’s and their engineer, Rodney Harr from Landmark Engineering. Several agreements were reached, eliminating several of the appeal requests. 

 

Request 2. A. (An appeal to Section 9.7 LUC right-of-way dedication for County Road 27):  The description of the location of the events center property and access have changed since the initial submittal and based upon that new information, it was determined that the property for the events center is not contiguous to County Road 27, so no additional right-of-way is needed and the request has been withdrawn.

           

Request 2. B. (An appeal to Section 8.6.3.C LUC - paving for parking lot and access drive):  The applicant retains this appeal request and Staff continues to support this appeal to the standard of paving the access drive and parking lot. Approval of this appeal will allow the applicant to surface the access drive and parking lot with an all-weather material, such as recycled asphalt or aggregate base, instead of asphalt or concrete, as is required by Section 8.6.3.C of the code.

           

Request 2. C. (An appeal to Section 9.5 & 9.6 LUC payment of Transportation Capital Expansion Fees):  The applicant agreed to pay the Transportation Capital Expansion fees, so this appeal is no longer necessary. It was agreed that the applicant would pay the fees, approximately $2,911.00, at the completion of the building permit phase, prior to receiving the certificate of occupancy or letter of completion for the building approval.

 

Request 2. D. (An appeal to Section 12.5 LUC application for a Development Construction Permit):  At the meeting on September 18 2008, the applicant agreed to obtain a Development Construction Permit (DCP) so this appeal is no longer necessary. The DCP will allow the applicant to make the necessary improvements agreed to and approval by the Board on September 8, 2008, while giving the Engineering Department the ability to review and approve the work done for the development. The DCP should be obtained from the Engineering Department prior to commencement of any site improvements and will cost $400.

 

Request 3. A. (A variance to Section 10.4.9 LCRARS paving the CR 27 access apron):  At the previously held staff meeting the applicant agreed to pave an access apron to the south edge of the right-of-way line of County Road 27, so this appeal is no longer necessary.

 

Request 3. B. (A variance to Section 10.3.4 LCRARS - to widen the access drive to 20-feet):  This appeal is no longer necessary because the applicant agreed to improve the existing road access to meet Engineering Department and County road standards for a business. The road will also need to be approved and accepted by the Loveland Fire Department.

 

In addition to the initial requests, a few other discussions took place at the meeting on September 18, 2008, that should be on record and decided upon by the Board. Those follow here.

 

At the hearing on September 8, 2008, the applicant indicated that the location of the events center was on a property that is adjacent to two other Clausen family properties, and not directly adjacent to County Road 27. Because the property is not directly adjacent to County Road 27, the applicant will need to provide access and maintenance agreements for the events center to use the adjacent properties for access to the use, and should all properties be under separate ownership in the future, the events center and all other property owners agree to use and the maintenance of the road. The agreements can be worded in such a way as to dissolve them should the use dissolve, but that will be a private matter.

 

The drainage narrative typically includes a discussion on existing and proposed drainage paths on and off-site as well as any potential drainage or erosion control impacts that the proposed site improvements will have on drainage patterns and terrain. This aspect of the project is required as part of a special exception approval and was included as a condition with the previous approval of the use on September 8, 2008, however, specifics and details were discussed at the meeting on September 18, 2008. The applicant will need to provide the Drainage and Erosion control Narrative and submit the narrative prior to starting the Change of Occupancy Building Permit process.

 

Given that the application for the Special Events Center has changed throughout the special exception process, the applicant has agreed to submit a revised set of construction plans that outline all the revised conditions.

 

The applicant has also agreed to work with a structural engineer and architect to assure that the building can qualify for A3 occupancy. The engineer will be required to review the structure for its adequacy for the new use and information will need to be submitted to the Building Department to verify that the structure meets all applicable requirements.

 

The applicant agreed to work with the Loveland Fire Department to reach an agreement about fire protection. The applicant will provide that information to the county as part of their Change of Occupancy Building Permit.  The Change of Occupancy Building Permit will need to meet 2006 International Building Code standards and cannot be “grandfathered” to meet the building codes from when the building was initially built.

 

Included with this report is a list of previous conditions, modified by the Commissioners, that still apply to the Events Center use. Some discrepancies were found in the previous 10 conditions; therefore, the revised condition #7 will remove conflicting statements listed in conditions #7 and #9, and condition #9 will be removed.

 

The approval conditions associated with the two requests listed in this report are additional to those approved at the September 8, 2008, meeting. The previous conditions are based on the date of the previous approval, so timelines outlined in the previous conditions begin from September 8, 2008.

 

No recommendation is provided for Requests 2A, C and D or 3 A and B as those requests have been withdrawn.

 

Staff recommends approval of Request 2.B. as listed above, an appeal to Section 8.6.3.C LCLUC subject to the following condition:

 

1.    The applicant will surface the access drive and parking lot with an all-weather material, such as recycled asphalt or aggregate base. The work will be included in a Development Construction Permit arranged by the applicant with the Engineering Department and paid for by the applicant. The work shall be completed within 180 days of this approval.

 

Staff recommends approval of the McBlair Ranch Special Exception, subject to the following additional conditions:

           

2.         The Special Exception is approved with the following requirements pertaining specifically to the building:

 

A.        The applicant shall obtain a Change of Occupancy Permit and certain inspection approvals summarized below for the existing events building no more than 180 days from September 8, 2008. During the aforementioned 180 days, the applicant will be allowed to have scheduled events, but if a Temporary Certificate of Occupancy has not been issued by the end of the time frame provided below, the applicant will discontinue all events in the building. The applicant must obtain the following inspection approvals associated with the Change of Occupancy permit:

 

1.         The applicant must obtain a septic system permit and inspection approvals. The applicant will need to demonstrate that the septic system has the necessary capacity for the approved uses.

 

2.         All required building and electrical approvals must be obtained by the applicant.

 

3.         The applicant will need to receive approval of a Fire and Life Safety plan from the City of Loveland Fire Prevention Bureau and provide to staff a plan that has been approved by the City of Loveland.

 

4.         The applicant will need to obtain all required inspection approvals for the structure from the City of Loveland Fire Prevention Bureau attached to the Change of Occupancy permit.

 

5.         A Temporary Certificate of Occupancy (TCO) will be issued by the Building Department upon completion of inspection approvals described above.  The TCO authorizes the structure to be used as an events center during the remaining inspection process.

 

6.         A final Certificate of Occupancy will be issued upon completion of all inspection approvals described in paragraph 7B, below, authorizing the structure to be permanently used as an events center.

 

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 receive final inspection and approval by said permit.

 

2.    Transportation Capital Expansion Fees of $2,911.00 shall be paid prior to the issuance of the certificate of occupancy or final letter of completion for the building used for the events center.

 

3.    A Development Construction Permit shall be issued by the Larimer County Engineering Department within 180 days from the date of the approval, prior to the commencement of any site improvements. Permit cost to be paid by the applicant will be $400.

 

4.    Two copies of a professionally engineered Site Plan, Drainage/Erosion Control Narrative, and a recorded Access Easement and Maintenance Agreement shall be submitted to staff within 60 days from the date of approval.

 

5.    Two copies of access easement descriptions and exhibits shall be submitted to the Planning Department within 60 days from the date of approval.

 

6.    Two copies of professionally engineered revised construction plans shall be submitted to staff within 60 days from the date of approval.

 

7.    The applicant will pave an access apron for the events center use per the discussion at the meeting on September 18, 2008, and technical requirements provided to the applicant from the Larimer County Engineering Department. Improvements will be evaluated as part of the Development Construction Permit.

 

8.    The applicant will improve the existing road access to meet Fire Department and County road standards for a business. Improvements will be evaluated as part of the Development Construction Permit.

 

9.    The applicant will work with a Structural Engineer or Design Professional to assure that the building can qualify for A3 occupancy and the applicant will provide that information to the Building Department within 180 days from the date of the approval.

 

10.   The Change of Occupancy Building Permit will need to meet 2006 International Building Code standards and cannot be “grandfathered” to meet an older code from when the building was initially built.

 

11.   The applicant shall meet all other applicable Change of Occupancy Building Permit requirements as outlined in memos provided to the applicant by Candace Phippen.

 

All previous conditions associated with this use are still in effect. This approval does not change or nullify any previous approvals and/or conditions.

 

Mr. Clausen, the applicant, addressed the Board and stated that although he was confused by a few of the conditions, he was ultimately in agreement with staff about the requirements.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the McBlair Ranch Special Exception, Request 2B, subject to the conditions outlined above.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the McBlair Ranch Special Exception, file #07-Z1663, subject to the conditions outlined above.

 

Motion carried 3-0.

 

9.         BONSER PIT/FLYING W PIT SPECIAL REVIEW UPDATE, FILE #01-Z1424 AND 03-Z1475:  Staff requested this item be removed from the agenda as it has already been scheduled for November 28, 2008.

 

10.       FINAL DRAINAGE PLAN FOR CARSTENS BACKBONE VIEW SUBDIVISION, FILE #05-S2496:  This is a request to present information to the Board regarding the final drainage plan that will appear on the final plat for the proposed subdivision.

 

The site is located on the western edge of the Devil’s Backbone geologic formation east of Glade Road (C.R. 25E) and approximately 300-feet north of West 35th Street, Loveland.  The property being divided is Lot 1 of the Carstens 2nd Minor Residential Development.  There is an existing house and outbuilding on the 28 acre site.  These buildings are on the eastern portion of the lot near the base of Devil’s Backbone.  Six additional residences were proposed along the western boundary on lots ranging from 2.31 acres to 2.52 acres, this plan has been revised to 5 new lots.  The remaining 9.24 acres will contain the existing buildings.

 

The existing residence is accessed via a driveway from West 35th Street.  This will continue to be the sole access for the existing residence.  Proposed is an upgraded portion of the driveway to serve as an emergency access for Lots 1-3.  Primary access would be from an extension of Moffat Avenue.  All lots will be served by on-site septic systems, Little Thompson Water and Loveland Rural Fire Protection District.

 

At the conclusion of the Public Hearing on the Preliminary Plat, the Board directed the applicant to work with staff and neighbors to resolve some of the outstanding concerns related to both the historic and altered drainage.

 

Staff recommends the Board acknowledge the revised plan and the drainage information noting that the plan and drainage information provided will be reflected in the final plat and that the information provided essentially meets the requirements of the Larimer County Land Use Code.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners acknowledge the information regarding the drainage plan and preliminary plat as outlined above.

 

Motion carried 3-0.

 

There being no further business, the hearing recessed at 4:00 p.m.

 

 

LAND USE HEARING

(#28)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Frank Lancaster, County Manager;  Rob Helmick, Planning Department;  Christie Coleman, Engineering Department;  Doug Ryan, Environmental Health Department;  William Ressue, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gibson opened the hearing 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 request for approval of a Special Exception by Colorado Youth Outdoors was initially reviewed earlier this year as a sketch plan.  The proposal was modified and the changes are reflected in the revised project description.  The principal changes are to relocate the major structural and other uses to the southern end of the property away from the flood plain and potential neighbor conflicts.  There are essentially two use areas on the site, the education pavilion in the northern part of the property and the shooting center and operations area, which includes an indoor shooting range, and administration and maintenance building(s).

 

The applicant is a Colorado non-profit corporation and is proposing to use the property in a manner that is consistent with the will of the late Mr. Louis Swift. 

 

The property is the subject of both an approved Rural Land Use Plan (RLUP) for 11 single family lots and residual land and a Conservation Easement granted to the Legacy Land Trust.  If the use is approved as applicants have proposed, the RLUP must be vacated and modifications must be made to the conservation easement.

 

In staff’s review of this use, the following issues have been identified as significant.  The mitigation of the noise from the site is a concern to adjoining and nearby property owners, and the use will need to comply with all requirements of the noise ordinance.  The issue of lead must be managed in both the mitigation of outdoor skeet/trap range as well as the indoor range.  A final shooting management plan will be necessary to insure that lead shot is not used outdoors and the plans for the indoor range must address the issue as it relates to air quality.  While the use of the shooting ranges for outdoor education purposes is noble, the intensity of the use and its compatibility raise concern with adjoining and nearby owners.  Staff has suggested a reduction in some of the skeet/trap range hours to address some of these concerns.  Based on the analysis of the traffic patterns and generation, the change in use will have an impact on the adjoining roadways so staff has recommended the applicant develop a phasing plan for any road improvements which, must be approved by the Board of County Commissioners.

 

It is staff’s conclusion that the use can meet the standards of the code at this site, under certain conditions.  Because the use is defined as outdoor recreation, a Special Exception would need to be pursued except in the Commercial zone irrespective of the location chosen.  This property has both a documented history and documented prior owner intent for most of the uses proposed with this application.  Staff’s evaluation has identified certain issues which will need to be resolved with a subsequent site plan.  These technical issues include resolution of floodplain improvements, noise mitigation, lighting plans and the provision of public water and sewer.

 

Staff’s analysis of the requested Special Exception revealed the following:

 

1.         The proposed use will be compatible with the mix of land uses and transportation uses in the surrounding area, and with certain limitations on the use, can be made to be in harmony with the neighborhood;

 

2.         The technical recommendations from referral agencies have been incorporated into the plan or will be integrated into the design as a part of the Site Plan Review process;

 

3.         The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property;

 

4.         The applicant has demonstrated that this project can and will comply with all applicable requirements of Larimer County Land Use Code;

 

5.         There is reasonable justification for the use being at the proposed location rather than in a municipality or where zoning would allow the use by right or by special exception;

 

6.         The nature of the proposed use and its operations are such that there are significant benefits to the public to be located where proposed; and

 

7.         The proposed use is consistent with the County Master Plan.

 

Staff recommends the Board of County Commissioners approve the Colorado Youth Outdoors Special Exception and appeal to Section 8.6.3.of the Larimer County Land Use Code, 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 County 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.   

 

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 as well as how steel shot will be provided and supervised.

 

6.    The hours and days of operation shall be consistent with the representations found on figure 3 of the project description, with the following modifications:  outdoor skeet and trap use shall not occur on the property more than 75 days during any calendar year and the hours of operation of the outdoor ranges shall be as follows:

 

                                    Monday – 8:00 a.m. to 7:00 p.m.

                                    Tuesday – 8:00 a.m. to 7:00 p.m.

                                    Wednesday – 8:00 a.m. to 8:30 p.m.

                                    Thursday – 8:00 a.m. to 7:00 p.m.

                                    Friday – 8:00 a.m. to 8:30 p.m.

                                    Saturday – 9:00 a.m. to 5:00 p.m.

                                    Sunday – closed

 

7.    The number of users and events shall be consistent with the representations contained on figures 3 and 4 of the application project description. 

 

8.    The final drainage plans and any structures to be built over the Fossil Creek Ditch must be reviewed and approved by the ditch company as a part of the approval of any construction plans for any phase. 

 

9.    The applicant shall coordinate the construction of the access on County Road 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. 

 

10.   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. 

 

11.   A final lighting plan for the parking areas and the trap range must be submitted and approved at Site Plan Review. This plan must avoid light trespass and glare onto any adjoining residential uses and on Interstate-25. 

 

12.   A final noise mitigation plan, which 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.

 

Bob Hewson addressed the Board on behalf of Colorado Youth Outdoors and explained the importance of the program and its benefits to the community.  Mr. Hewson noted that while shooting activities compose only a fraction of the program’s curriculum, they are vital.  He also expressed Colorado Youth Outdoor’s willingness to compromise in order to promote good stewardship and neighbor relations.

 

Bob Reichert, Tim Johnston, Tony Nomina, Don Cumpsten, Chuck Freitag, Terry and Trevor Heckman, Chase and Trisha Swift, Penelope Sanford, Jim Moser, Julie Swezey, John Goettl, Roger Kenny, Gayle Jostes, Mark Cousins, Jim Goodyear, Donna Brown, Stephen Butti, Brett Axsom, Tom Hewson, John Hatfield, Brian Chavet and Jim Doherty spoke in favor of the special exception.  These individuals support the project because of the positive influence it has had on the community and its youth. 

 

William Wollenberg, Cheryl Hesser, Steve and Sheila Pfister, Bob Everitt, Peter Kast, B.J. Johanningmeir, Will Welsh, Dan Kehn, Trent Horton, Jim Martell, Laura Sickle, Chuck Brauch, Ray Dixon, Larry Curran, Craig Harrison, Mayo Sommermyer, Tim Dow, Luther Harris, Dallas Horton, Donald Shannon, Chuck Kahl, Michael Chalona and John Lohnes spoke against the special exception.  These individuals were opposed to the project because of the noise caused by the outdoor shooting range and its effects on their quality of life and property values.

 

Commissioner Rennels questioned Mr. Hewson about the proposed hours of operation for the outdoor shooting ranges and the minimum number of days the ranges would need to be open in order for students to fulfill the curriculum of Colorado Youth Outdoors.

 

Mr. Hewson began by explaining that because the program is designed for high school age students and their parents, many of the activities, including shooting, must take place in the evening, usually beginning between 6:00 p.m. and 7:30 p.m.  With those hours, he felt 75 days of outdoor shooting per year would be sufficient not only to meet the needs of participants of the Colorado Youth Outdoors program but also to allow the facility to be utilized by other non-profit organizations such as 4-H and Outdoor Buddies.

 

The Board agreed that there exists a significant need for outdoor shooting ranges in Northern Colorado and the facilities proposed by Colorado Youth Outdoors would fulfill that need.  The Board also agreed that the proposed use would be compatible with the land use code.  

 

Commissioner Rennels felt the sound model presented by the applicant and the sound model presented by those opposed to the application were considerably different. She stated that staff should research the issue to provide a non-partial, best fit model to ensure the requirements of Condition #12, above, will be met.  

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Colorado Youth Outdoors Special Exception, file #07-Z1665 subject to the conditions outlined above.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 10:45 p.m.

 

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk