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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/17/09  

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Tuesday, February 17, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Neil Gluckman, Assistant County Manager; Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Laurel Kubin, Extension Office; Bob Herrfeldt, Fairgrounds & Event Center; Marc Engemoen, Public Works Department; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:          Robert Zimdahl, Ron Splittgerber, Jane Clark, and George Wallace, all residents of Waverly, presented the Board with a copy of the Waverly Area Plan. Mr. Zimdahl requested the Board read the plan and remember the wishes of Waverly residents during future negotiations with the Town of Wellington regarding the community separator.

 

Chair Rennels explained that the community separator was put into place by the County Commissioners when the rapid expansion of Wellington began. The separator was designed to protect Waverly’s uniqueness from the rapidly encroaching Town of Wellington.  

 

Ed Honebein addressed the Board regarding his desire to hold future events at the Budweiser Event Center and Fairgrounds. Mr. Honebein stated that he was unaware of any major problems during his first event at the event center; however, he was informed, by Mr. Herrfeld, that he would not be allowed to host another event at the location. Mr. Honebein stated that his first motorcycle swap meet went smoothly and he would enjoy being able to hold future swap meets in the same location.

 

Chair Rennels requested that Mr. Herrfeld submit a letter to Mr. Honebein and the Board explaining why Mr. Honebein would no longer be allowed to hold events at the Budweiser Event Center and Fairgrounds. Mr. Herrfeld agreed to do so within the week.  

 

Ben Harper addressed the Board and spoke to the good nature of Mr. Honebein. Mr. Harper stated that Mr. Honebein’s motorcycle company was the only company willing to build him a specialized motorcycle to meet his needs as a paraplegic. Mr. Harper noted that he has attended many of Mr. Honebein’s events and he has never seen anything suspicious or of an unscrupulous nature.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 2, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of February 2, 2009.

 

Motion carried 3-0.

 

3.         RE-APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 12, 2009:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners re-approve the minutes for the week of January 12, 2009.

 

Motion carried 3-0.

 

4.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 23, 2009: Ms. Hart reviewed the upcoming schedule with the Board.

 

5.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published.

 

02172009A001           COOPERATIVE MATCH PROJECT COLORADO FOREST RESTORATION GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO STATE FOREST SERVICE (FOREST MANAGEMENT PLAN AT CARTER LAKE)

 

02172009A002           COOPERATIVE MATCH PROJECT COLORADO FOREST RESTORATION GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO STATE FOREST SERVICE (FOREST MANAGEMENT PLAN AT HORSETOOTH MOUNTAIN OPEN SPACES)

 

02172009A003           COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS

 

02172009A004           COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND HOUSING DEVELOPMENT CORPORATION

 

02172009A005           SUBGRANT AGREEMENT #FIF-1613-09 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR USE BY THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE

 

02172009D001           DEED OF DEDICATION FOR THE DEDICATION OF RIGHT-OF-WAY FOR COUNTY ROAD 9 IMPROVEMENTS

 

02172009P001            ADMINISTRATIVE POLICY AND PROCEDURE 100.7K, RULES OF PROCEDURE FOR THE LARIMER COUNTY BOARD OF COMMISSIONERS

 

02172009R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 37 AND COMMON PROPERTIES IN FOX ACRES COUNTRY CLUB, 2ND FILING

 

02172009R002           RESOLUTION REGARDING EXTENSION OF APPROVAL OF FOX ACRES 2ND FILING LOT 37 & COMMON PROPERTIES AMENDED PLAT TIME EXTENSION

 

02172009R003           RESOLUTION REGARDING EXTENSION OF APPROVAL OF FOX ACRES 2ND FILING COMMON AREAS AMENDED PLAT TIME EXTENSION

 

02172009R004           RESOLUTION REGARDING EXTENSION OF APPROVAL OF RODERICK MINOR LAND DIVISION/APPEAL TIME EXTENSION

 

02172009R005           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 64 AND 65 IN CRYSTAL LAKES 5TH FILING

 

02172009R006           FINDINGS AND RESOLUTION APPROVING THE RANCHO DE EL RAY MINOR SPECIAL REVIEW

 

02172009R007           FINDINGS AND RESOLUTION APPROVING THE BACON QUARRY SPECIAL REVIEW

 

02172009R008           FINDINGS AND RESOLUTION APPROVING THE JESSUP LOT SIZE VARIANCE

 

02172009R009           FINDINGS AND RESOLUTION APPROVING THE RED MOUNTAIN ROAD NAME APPEAL

 

02172009R010           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING THRESHOLDS FOR CERTAIN USES AND OTHER GENERAL MATTERS

 

02172009R011           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING CEMETERIES, FUNERAL HOMES, AND CREMATORIUMS

 

02172009R012           SPECIAL EXCEPTION FINDINGS AND RESOLUTION APPROVING THE PETITION OF ART 342

 

MISCELLANEOUS: Annual Certification of County Maintained Road Mileage to Colorado Department of Transportation; Department of Human Services Payments for November 2008; Zachary Rowe Eagle Scout Ranking Congratulatory Letter; Tyler Nelson Eagle Scout Ranking Congratulatory Letter; Miscellaneous Agreement Between the Board of County Commissioners and Employee.

 

LIQUOR LICENSES:           The following licenses were approved and issued: Carter Lake Marina, Inc. – 3.2% – Loveland; Verns Inc. – Beer and Wine – LaPorte; Wolverine Farm Publishing, April 11, 2009 – Special Event 6% – Fort Collins; Wolverine Farm Publishing, March 14, 2009 – Special Event 6% – Fort Collins.

 

6.         AMERICA SAVES WEEK PROCLAMATION:  Ms. Kubin, Angela Dazlich, and Suzanne Jarboe-Simpson addressed the Board to educate them about the Northern Colorado Saves coalition. Ms. Kubin presented each member of the Board a piggy bank and requested they sign a proclamation declaring the week of February 22, 2009, America Saves Week. Commissioner Johnson read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim the week beginning February 22, 2009, and ending March 1, 2009, America Saves Week.

 

Motion carried 3-0.

 

7.         BOARDS AND COMMISSIONS APPOINTMENTS: Ms. Tokarz presented the recommended appointments/reappointments to the Agricultural Advisory Board, Fair Board, Parks Advisory Board, Estes Valley Planning Commission, Board of Appeals, GID #17 Country Meadows, PID #37 Terry Cove, and PID #42 Cottonwood Shores as follows:

 

Agricultural Advisory Board:     Lewis Grant, filling and unexpired term vacancy, beginning February 17, 2009, and expiring November 30, 2011; Chris Van Anne, filling and unexpired term vacancy, beginning February 17, 2009, and expiring November 30, 2010.

 

Board of Appeals:        Chris Allison, filling and unexpired term vacancy, beginning February 17, 2009, and expiring June 30, 2009.

 

Estes Valley Planning Commission:        Steven Lane, filling and unexpired term vacancy, beginning February 17, 2009, and expiring June 30, 2011.

Fair Board:       Donald Svedman, filling and unexpired term vacancy, beginning February 17, 2009, and expiring June 30, 2009.

 

GID #17 Country Meadows:    Bruce Davis, filling and unexpired term vacancy, beginning February 17, 2009, and expiring November 30, 2009; John Lebsack, filling and unexpired term vacancy, beginning February 17, 2009, and expiring November 30, 2011; Jeffrey Reed, filling and unexpired term vacancy, beginning February 17, 2009, and expiring November 30, 2011.

 

Parks Advisory Board:             Frank Gillespie, filling and unexpired term vacancy, beginning February 17, 2009, and expiring June 30, 2009; Forrest Orswell, filling and unexpired term vacancy, beginning February 17, 2009, and expiring June 30, 2009.

 

PID #37 Terry Cove:                Elyana McCeney, appointed for a 4 year term, beginning February 17, 2009, and expiring November 30, 2013; John Perzow, appointed for a 4 year term, beginning February 17, 2009, and expiring November 30, 2013; Martina Wilkinson, appointed for a 2 year term, beginning February 17, 2009, and expiring November 30, 2011.

 

PID #42 Cottonwood Shores:  Douglas Miller, appointed for a 4 year term, beginning February 17, 2009, and expiring November 30, 2013; Steven Peterson, appointed for a 2 year term, beginning February 17, 2009, and expiring November 30, 2011; Edward Rupert, appointed for a 4 year term, beginning February 17, 2009, and expiring November 30, 2013.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointments to the Agricultural Advisory Board, Fair Board, Parks Advisory Board, Estes Valley Planning Commission, Board of Appeals, GID #17 Country Meadows, PID #37 Terry Cove, and PID #42 Cottonwood Shores, as listed above.

 

Motion carried 3-0.

 

8.         LEGISLATIVE UPDATE:  Mr. Gluckman updated the Board on pending legislative items that could potentially affect the county.

 

9.         COUNTY MANAGER:  Mr. Lancaster noted that the Board was required to elect an alternate to serve on the Metropolitan Planning Organization (MPO) Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners elect Commissioner Johnson to serve as an alternate on the Metropolitan Planning Organization (MPO) Board.

 

Motion carried 3-0.

 

Mr. Lancaster also reviewed the Special Events Permit process and website with the Board.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

11.       LEGAL MATTERS:             There were no legal matters to discuss.

 

There being no further business, the Board recessed at 11:00 a.m.    

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Johnson and Donnelly were present. Also present were:  Samantha Mott, Michael Whitley, Sean Wheeler, and Toby Stauffer, Planning Department; Traci Shambo, and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Tamara Slusher, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  Nicole Collins addressed the Board and asked for clarification of the requirements for reapplication for a Special Review.  Staff informed Ms. Collins that the Planning Commission and the Board will draft an official reply to her inquiry at their next worksession and she should expect a response within 6 weeks.

 

Chair Rennels noted that Item 1 is on the consent agenda and would not be discussed unless requested by the Board, staff, or member of the audience:

 

1.         AMENDED PLAT OF LOTS 1 & 2 OF THE MORNING STAR MRD:  This is a request to amend the plat of the Morning Star Minor Residential Development (MRD) to add 1.8 acres from Lot 2 to Lot 1 to accommodate parking and signage.

 

The proposed plat amendment to the Morning Star MRD will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lots 1 & 2 of the Morning Star MRD, File # 09-S2856, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

  1. The Final Plat shall be recorded by August 17, 2009, or this approval shall be null and void.

 

  1. 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.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Item 1 of the Consent Agenda for February 17, 2009.

 

Motion carried 3-0.

 

2.         LOCKMAN MINOR LAND DIVISION AND LOT SIZE APPEAL:  This is a request to adjust the boundary lines between two adjacent metes and bounds parcels, a 35 acre parcel and a 140 acre parcel, create one additional parcel, and appeal the minimum lot size.  The two existing lots each have a single family residence.  The resultant lots will be the two residential lots, one 10 acres in size and the other 5.97 acres in size, and the third will be an agricultural lot, 121.29 acres in size. 

 

Because two of the resultant lots will be less than 35 acres in size, 10.02 and 5.97 acres, a Minor Land Division must be filed and approved by the Board of County Commissioners.  These two lots will each contain one of the existing single family residences.  The third lot, Lot 3, will be approximately 121.29 acres in size and will be for agricultural use only.  This agricultural lot will be restricted from any further development until it receives approval through the appropriate county process.

 

Section 4.1.5.B.1.a of the Larimer County Land Use Code requires a minimum lot size of 10 acres in the O-Open zoning district.  This request includes an appeal to that lot size.  Lot 2 is proposed to be 5.97 acres in size.  It will contain one of the single family residences and the reason that this lot is smaller than the minimum lot size is because Lot 3, the agricultural lot, is to the north and west of this lot and the limits of the existing center pivot sprinkler form the northwest property line.  The proposed northeast lot line of Lot 2 follows the arc of the sprinkler pivot on Lot 3.

           

The Development Review Services Team is recommending approval of this Minor Land Division and the associated appeal.  Staff has not received any objections or opposition to this request.

 

No neighbors have made any comments on the appeal or the Minor Land Division.  Additionally, the following Larimer County and outside review agencies had the following comments on the appeal and Minor Land Division plans:

 

  1. Dale Greer, Land Surveyor with the Larimer County Engineering Department identified a technical correction needed on the plat. 

 

  1. The Larimer County Engineering Department provided general advisory comments that would apply to any future improvements or development proposed on the property and provided comments regarding drainage patterns.  He also requested additional right-of-way along County Road 58.

 

  1. Karlin Goggin, County Addressing Coordinator, indicated there are no addressing concerns with this proposal.

 

  1. Code Compliance staff indicated there are no known building code issues attaché to Parcel #88161-00-001, but that there are two expired permits attached to Parcel #8816-00-007.

 

  1. The Larimer County Department of Health and Environment indicated that their concerns have been adequately addressed based on the understanding that any additional development on the agricultural parcel would require a future development review process.

 

  1. The Larimer County Assessor’s Office made one comment regarding a technical change to the plat which has since been made.

 

  1. Colorado Department of Transportation commented on the access along I-25 and has requested additional right-of-way along I-25.

 

The applicant has submitted a signed Utility Checklist, as required, which indicated that the Ditch Company for the North Poudre Irrigation Canal and Public Service Company both required additional easements to be shown on the plat.  These comments have been addressed.  The other utility providers in the area indicated they have no objections to this application.

 

The proposed Minor Land Division is consistent with the purpose and intent of the Minor Land Division process as contained in Section 5.4.3 of the Larimer County Land Use Code.  The purpose is to create three lots from the existing two lots. Two lots will contain the existing single family residences and the third lot will contain the agricultural use.

 

The minimum lot size appeal and Lockman Minor Land Division complies with the review criteria of Sections 22.2.4 and 5.4.3 of the Larimer County Land Use Code and should not present any compatibility issues with the surrounding properties and uses.

 

The Development Review Team supports both the Minor Land Division and the appeal to the minimum lot size for Lot 2 and concurrently finds that this request meets the following review criteria for a Minor Land Division:

 

1.   The property is not part of an approved or recorded Subdivision plat.

 

2.   The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division. 

 

3.   One of the three proposed lots does not meet the minimum lot size required by the O-Open Zoning District of 10.0 acres.  However, approval of the appeal for a lot size variance will address this standard.

 

4.   Access to all lots exists and access permits are not required unless the access points change.

 

5.   Approval of the Minor Land Division will not result in impacts greater than those of existing uses. 

 

Regarding the minimum lot size appeal, the Development Services Team finds:

 

1.   The lot size being proposed is consistent with the pattern of existing lots in the neighborhood.

 

2.   The proposed lots will have sufficient area to support the intended use. 

 

3.   There are special circumstances that support the proposed lot size.

 

4.   Granting the lot size appeal is consistent with the intent and purpose of this code.

 

The Development Services Team recommends approval of an appeal to the minimum lot size requirement of 10 acres in the O-Open zoning district found in Section 4.1.5.B.1.a of the Land Use Code to allow Lot 2 of the Lockman Minor Land Division to be 5.97 acres.

 

The Development Services Team recommends approval of the Lockman Minor Land Division, File # 08-S2854, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by August 17, 2009, or this approval shall be null and void.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school district fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional or Community Park Fee (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Prior to the recordation of the Final Plat the applicant shall make the technical correction required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

4.   Prior to recordation of the Final Plat the applicant shall address the following comment from the Larimer County Engineering Department:

 

“This project will access off of LCR 58.  The Larimer County Transportation Plan, adopted in November of 2006, functionally classifies LCR 58 as a Major Collector that requires a 100 foot right-of-way (50 foot half right-of-way).  In the next submittal, the existing and any proposed dedicated right-of-way necessary to satisfy this requirement must be delineated on the preliminary and final plats. Staff requests that any additional right-of-way dedications are noted on the plat as “## feet (## ac) of additional right-of-way dedicated with this plat (See Section 9.7 of the LCLUC).”

 

5.   Prior to recordation of the final plat the applicant shall address the comment from Colorado Department of Transportation by making changes to the plat indicating the additional right-of-way along I-25 to be protected by reservation.

 

6.   Development of Lot 3 must be approved through the appropriate Larimer County Subdivision, Conservation Development, or Planned Development process.  A note indicating this requirement has already been added to the plat.

 

Rob Persichitte with Intermill Land Surveying, Inc. addressed the Board on behalf of himself and the applicants to state that he agrees with staff’s recommendations and fully supports the conditions as outlined above.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appeal to Section 4.1.2.B.1 of the Land Use Code that requires a minimum lot size of 10 acres in the O-Open zoning district and allow proposed Lot 2 to be 5.97 acres in size.

 

Commissioner Johnson further moved that the Board of County Commissioners approve the Lockman Minor Land Division, File 08-S2854, subject to the condition(s) as outlined above and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature. 

 

Motion carried 3-0.

 

3.         BOWSER MINOR SPECIAL REVIEW AND APPEAL:  This is a request for an Accessory Dwelling Unit in a detached garage.  The request includes appeals to Section 4.3.10.F.2 (to exceed 40% of the square footage in the primary dwelling), and Section 4.3.10.F (to allow for a door that is visible from the public road).

 

The applicant seeks approval to legally allow the use of an existing Accessory Living Area (ALA) in a detached garage on a single-family residential lot.  The structure was first permitted in 1988 as a work shop and has since been converted to living space.  It is currently occupied by a family member of the applicant. 

 

The subject property is Lot 8 of the Gilmore Acres subdivision and is located at 2600 W. County Road 60E.  The lot is 4.65 acres in size and is of sufficient size to accommodate any additional off-street parking.  The Accessory Living Area is approximately 800 square feet in size.  It has one bedroom, a kitchen, living and dining areas and a full bathroom.  The structure will be for the use of family and friends of the property owner and not as a rental property.  Water will be provided by the Northern Colorado Water District the site has an existing septic system.  Adjacent uses include other single family homes. 

 

This request includes two appeals.  The first is to Section 4.3.10.F.2 to allow the ALA to exceed 40% of the square footage in the primary single-family dwelling.  The second appeal is to Section 4.3.10.F, to allow the use to have a door that is visible from the public road. 

 

The applicant held the required neighborhood meeting for this request on November 6, 2008.  Three neighbors attended and none have contacted the County with objections or concerns about this request.  No other individuals have contacted Staff with objections as well.

 

Three major issues and concerns are as follows:

 

1.   Planning Division:  Planning Staff support the Minor Special Review use and the appeals as described in this report.  There are no remaining Planning Department concerns for this request.

 

2.   County Engineering Department and County Department of Health and the Environment:  Staff from the County Engineering and Health Departments reviewed the proposed Minor Special Review.  The Engineering Department notes that the applicant will need to pay the Transportation Capital Expansion Fee, but did not indicate any other concerns.  The Health Department indicated the existing septic system is adequate.  They also note that the provision of water requirements will be met when the Water District grants approval, which requires the applicant pay an additional tap fee.

 

3.   Poudre Fire Authority:  PFA did not object to this request.  At time of building permit, the applicant must identify if a hydrant is no farther than 1000 feet from the new structure.  If a hydrant is not available the building permit application must include a sprinkler system plan for the habitable space.

 

Accessory Living Areas are intended to allow property owners full use of their property while maintaining the integrity and character of residential neighborhoods.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  No individuals or agencies contacted Staff with objections to the project.  The Development Services Team concludes this request meets the requirements of the Land Use Code, and supports the appeals to Section 4.3.10.F.2 and Section 4.3.10.F of the Land Use Code as described.

 

The Development Services Team’s findings are as follows:

 

1.   The proposed use is compatible with existing and allowed uses in the surrounding area and in harmony with the neighborhood.  The detached guest quarters for use by family or friends and with no change to the existing structure visible from the outside.

 

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

 

3.   There are no known or evident conflicts with the requirements of the Land Use Code.

 

4.   The proposed use is not anticipated to have any impacts on other property.

 

5.   The recommendations of referral agencies have been considered.

 

6.   Approval of the appeals will not subvert the purpose of the requirement of the Code.  The unfinished space exists and there is no public benefit to be derived by denial of the request.

 

7.   Approval of the appeals will not be detrimental to the public health, safety or property values in the neighborhood.

 

8.   Approval of the appeals is the minimum action necessary.  The request  will not need any subsequent approvals by the County other than building permit requirements. 

 

9.   Approval of the appeals will not result in increased costs to the general public.

 

The Development Services Team recommends Approval of the Bowser Minor Special Review for an Accessory Living Area, File #08-Z1729, subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Bowser Minor Special Review for an Accessory Living Area, File #08-Z1729, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Bowser Minor Special Review.

 

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

3.   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 Review approval.

 

4.   The owner is responsible for obtaining all required building permits for the Accessory Living Area.  All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.  Within 90 days from the date of approval, the owner shall obtain all outstanding the outstanding building permits and inspections for all previous work in the existing building.

 

5.   The single-family character of the property must be maintained.  The entrance to the accessory living area must not be visible from any road.

 

6.   The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

7.   The accessory living area must not be rented or leased separately from the single-family dwelling.

 

8.   This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

Joseph Bowser addressed the Board and stated that he is in agreement with staff’s recommendations.  Mr. Bowser also explained that the door to the Accessory Living Area has been visible from the street since approximately 1989. Mr. Bowser clarified for the Board that the Accessory Living Area was formerly used as a storage unit until it was converted to living space for his family approximately 15 years ago.  Staff explained that the violation was found by citizen complaints against the applicant and that the applicant has worked closely with the Building Department to correct any violations.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Bowser Minor Special Review for a detached Accessory Living Area, File #08-Z1729, subject to conditions 1 through 5 as recommended by Staff.

 

Commissioner Donnelly also moved that the Board of County Commissioners approve the appeal to Section 4.3.10.F.2 of the Land Use Code to allow the total square footage of the Accessory Living Area for the Bowser Minor Special Review, File #08-Z1729 to exceed 40 percent of the total square footage of the single-family dwelling as described by the applicant, and recommended by Staff.

 

Commissioner Donnelly further moved that the Board of County Commissioners approved the appeal to Section 4.3.10.F to allow for a door that is visible from the public road for an Accessory Living Area for the Bowser Minor Special Review, as described by the applicant and recommended by Staff.

 

Motion carried 3-0.

 

4.         SCHRADER PROPANE LIVERMORE FACILITY SPECIAL EXCEPTION:  This is a request for a Special Exception for a propane storage facility on a 2.9 acre parcel in the O-Open zone, and an appeal to Section 8.6.3.C of the Larimer County Land Use Code regarding paved parking areas and drive aisles.

 

The applicant seeks Special Exception approval to allow a propane storage facility on the subject property.   The three proposed propane tanks would be 11 feet wide, 47 feet long and 14 feet tall.  The facility would be used for transfer of propane to trucks for delivery in the Livermore and Red Feather Lakes areas.  The site would not be open to the public. 

 

The property is currently vacant.  A restaurant and bar was built on the property in 1965 and building was later converted to a residential use.  The building burned down approximately two years ago.  The propane tanks are proposed to be located on top of this building’s existing foundation. 

 

The primary access to the site is via an existing 30-foot wide paved apron from Highway 287 on the southern end of the property.  That access leads to a gated 25-foot wide gravel driveway.   A secondary access to Highway 287 on the northern end of the property is proposed as a gated secondary fire access.  That access would lead to a 20-foot wide gravel driveway.  CDOT has approved both access points to the site.

 

The property is immediately adjacent to US Highway 287.  The tanks would have an overall height of 14 feet.  Grade elevation where the propane tanks would be placed is 16 feet lower than the elevation of US Highway 287.  The tanks are proposed to be painted a “desert tan” color and would be surrounded by a 6-foot tall chain link security fence.  There is also a 16-foot tall light pole proposed to provide security lighting.  To help mitigate possible visual impacts, the Development Review Team proposes a condition that no commercial signage, including commercial logos, shall be allowed on the propane tanks and a freestanding sign may be placed on the property.  This sign cannot exceed 32 square feet and would require a sign permit.

 

The existing building foundation is partially buried.  The applicants propose to expose the remainder of the foundation and use the overburden to enhance an existing berm east of the tanks.  The berm would be six feet tall and would partially block direct views of the tanks from Highway 287.

 

The applicant is requesting an appeal to section 8.6.3.C of the Larimer County Land Use Code which would require the on-site drive aisles and parking areas to be surfaced with asphalt, concrete or other similar all-weather material since the site gains access from a paved road.  This development is located in a rural area and will generate fewer then 20 additional trips per day.  The Engineering Department has found that with the proposed limited trip generation a gravel drive surface should perform adequately (with appropriate maintenance) and should not promote excessive dust generation and can therefore support the appeal.

 

Planning Staff referred the application to a number of County departments and outside agencies for consideration.  The referral comments provided to Staff are outlined within the body of the report and are attached to this report for consideration. No other agencies objected to the request.

 

The major issues and concerns, notably those of the Livermore Fire Protection District, have been noted in this report.  The applicant has worked closely with the Livermore Fire Protection District to address their concerns and has agreed to all of the proposed conditions of approval.

 

The Development Services Team’s findings are as follows:

 

1.   The proposed propane storage facility will be compatible with existing and allowed land uses in the surrounding area and will be in harmony with the neighborhood.

 

2.   The recommendations from referral agencies have been considered. 

 

3.   The proposed propane storage facility will not result in a substantial adverse impact on other property in the vicinity of the subject property. 

 

4.   The project can and will comply with all applicable requirements of the Land Use Code through the application of conditions of approval. 

 

5.   The applicant has provided reasonable justification for the propane storage facility at the proposed location rather than in a municipality or where zoning would allow the use by right or by Special Review.

 

6.   The nature of a propane storage facility is such that there are significant benefits to the public to be located where proposed.

 

7.   The proposed propane storage facility is consistent with the County Master Plan.

 

The Development Services Team recommends the Board of County Commissioners approve the appeal to Section 8.6.3.C of the Larimer County Land Use Code; and the Development Services Team further recommends the approval the Schrader Propane Livermore Facility Special Exception, File #08-Z1696, 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.  The Special Exception approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Schrader Propane Livermore Facility Special Exception, File #08-Z1696, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Schrader Propane Livermore Facility Special Exception, File #08-Z1696.

 

3.   The Schrader Propane Livermore Facility Special Exception is approved without the requirement for a Development Agreement.  The Findings and Resolution shall apply and 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.

 

4.   In the event the applicant fails to comply with any Conditions of Approval or otherwise fails to use the property consistent with the approved Special Exception, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Exception approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Exception.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Exception approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

5.   County may conduct periodic inspections to the property and reviews of the status of the Special Exception as appropriate to monitor and enforce the terms of the Special Exception approval. 

 

6.   Per Section 9.5 and 9.6 of the LCLUC, Transportation Capital Expansion Fees will be required at the time of building permit issuance in accordance with duly enacted transportation capital expansion fee regulations then in effect.  The applicant shall also obtain a Development Construction Permit subject to the same requirements.

 

7.   The tanks shall be painted a “desert tan” color and no commercial signage, including commercial logos, shall be allowed on the propane tanks.

 

8.   Two points of access must be provided to the site for emergency vehicle ingress/egress.

 

9.   A 4,000 gallon cistern shall be provided on-site for use by the Livermore Fire Protection District in the event of an incident in the vicinity of the storage site.  It shall be the property owner’s responsibility to fill and maintain the cistern.

 

10.   Propane safety training for firefighters shall be made available by Schrader Propane.

 

11.   It is a matter of public record that in the event of a fire at the facility, the Livermore Fire Protection District will revert to an area evacuation.

 

12.   An “Emergency Access Only” sign shall be installed at the northern access and the emergency access must be gated and must remain locked except when needed by emergency personnel. 

 

Perry Schrader addressed the Board to give a more detailed description of the proposed location as well as express his agreement with staff’s findings. 

 

Cheryl Rennels addressed the Board and requested that staff clarify that the approval of this Special Exception will not adversely affect the property she owns, which is directly across from the proposed site.

 

Commissioner Rennels asked that staff clarify the line of site issues that may not have been addressed previously in the interest of public safety and the traffic flow in the area.

 

M O T I O N

 

Commissioner Johnson moved that Board of County Commissioners approve the Schrader Propane Livermore Facility Special Exception, file #08-Z1696, subject to the conditions as outlined above.

 

Commissioner Johnson further moved that the Board of County Commissioners approve the appeal to Section 8.6.3.C of the Larimer County Land Use Code for the Schrader Propane Livermore Facility Special Exception.

 

Motion carried 3-0.

 

5.         FIRESIDE RV PARK SPECIAL REVIEW:  This is a request for a Special Review approval for the Fireside RV Park and Cabins and appeals to Standards 18.3.2.D, 18.3.2.F, and 18.3.3.F pertaining to comfort stations and setbacks for RV park sites.  This is also an appeal to reduce the fees for the Special Review application.

 

The Fireside RV Park Special Review request is to consider changing the non-conforming status of an existing RV Park to conforming, which approval will include the expansion that was not created legally.   The original Fireside RV Park, which has existed since at least the 1960’s, is located on the southern side of Highway 34, approximately ¾ of a mile east of County Road 27.  The expanded area of the RV Park occurred some around 1975.

 

This application is the last of three applications aimed at remedying an existing situation discovered by the current property owners when they made an inquiry regarding the potential purchase of a leased area with an adjoining property owner.  Apparently the previous owner of the RV Park leased a portion of the neighbor’s property and then expanded the RV Park onto the leased area, without the necessary County approval.  Thus, when the new property owners, not wanting to be subject to the lease, inquired about adding the leased area to their property, they discovered that the expansion was not valid.  Recognizing that this issue would affect their customer base and overall operations, the current property owners elected to work with the County to resolve the outstanding issues created by the previous ownership. The first two steps in this process included property line adjustments to consolidate the lease area with the RV Park property and then rezoning the lease area to conform to the T (Tourist) zoning of the RV Park. Having completed these steps the applicant has entered into this final step (Special Review) of bringing the overall site and expanded area into compliance with the Land Use Code.  This step is necessary because the expanded area could not be approved without bringing the original non-conforming RV Park into compliance.

 

The property being evaluated consists of 3.8 acres containing 4 cabin buildings, one residence/office, one garage, and 35 RV sites.  Each of the RV site is equipped with a water service and sewer connections as well as cable and electricity. 

 

The irregular shaped property gently slopes from its southern reaches to the properties northern boundaries.  The site is bounded on the southwest by the South Side Ditch and on the northern boundary by Highway 34, with existing residential uses surrounding the site.

 

Access to the site currently is via three driveways from Highway 34, one is situated at the northeastern corner of the property, another at the northwestern corner of the property and the last is located between the previously described accesses.  The westernmost access provides access to both the RV Park and adjacent residence.

 

From Highway 34 the cabin buildings are the most visible aspects of the site, which buildings are setback at least 180-200 feet. Behind the cabins and residence/office are the RV sites most of which are not visible from the roadway.

 

In addition to the Section 8.0 Standards for all Development, RV Parks are subject to Section 18.3 Recreational Vehicle Parks, which addresses standards and requirements for the establishment of RV Parks.  Review of the application based upon these standards has revealed compliance with all but the following standards for which the applicant is appealing. 

 

Section 18.3.2.D & 18.3.2.F - Sites, Comfort Stations, Water Stations and Sanitary Stations:

 

According to this Section of the RV Parks Standards comfort stations shall be provided in RV Parks based upon the number of RV spaces available.  This standard is effective in areas where limited services are available for hook ups to water and sewer facilities, but given the direct hook ups offered at this site, as well as the modernization of RV’s to include on board bath rooms and bathing facilities this standard does not seem appropriate or necessary for this site.  Additionally, this is an existing facility and retrofitting it to include these current standards would be difficult if not impossible.  Therefore, The Development Services Team supports waiving these requirements.

 

Section 18.3.3.F - Setbacks for RV sites:

 

According to this standard RV sites are to be designed to provide minimum setbacks from property boundaries, adjacent singe family lots and from public rights-of-way.  Again these standards were not required at the time when the existing use established and applying them at this point would be detrimental to the overall use at this site. The Development Services Team accepts the current site locations primarily based upon the fact that this has not been an issue for the use in nearly 25 years and the separation from adjacent uses in the area is adequate to maintain compatibility.  Therefore, the Development Services Team supports the appeal to this standard.

 

All other standards of Section 18.0 have been met with this application.

 

The Development Services Team recommends Approval of the Fireside RV Park Special Review File #08-Z1716 subject to the following condition(s):

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Fireside RV Park Special Review File #08-Z1716 except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Fireside RV Park Special Review.

 

3.   Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.   This application is approved without the requirement for a Development Agreement.

 

5.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

6.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

7.   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 Review approval.

 

8.   Within 3 months of the Board of County Commissioners approval the property owner shall be required to install signage as follows:

 

9.   At the existing western entrance to the site stating that this access is for the adjacent residential use and emergency access only.

 

10.   At the southern end of the westernmost access stating no exit.

 

11.   At the easternmost access from Highway 34 and the entrance and exit from the property.

 

12.   Within 3 months of the Board of County Commissioners approval the property owner shall eliminate the access situated between the existing accesses on the east and west sides of the property from Highway 34.

 

13.   Within 3 months of the Board of County Commissioners approval the property owner shall provide an easement for the access drive to the residential property west of the subject site.

 

14.   Within 3 months of the Board of County Commissioners approval the property owner shall provide and monitoring plan for the maintenance and discharge levels for the on-site septic system.

 

On January 21, 2009, the Development Services Team presented the Fireside Special Review application to the Planning Commission as a consent agenda item.  No testimony was offered by the public or the Planning Commission regarding the development application; therefore, the Planning Commission made a recommendation to approve this Development as recommended by the Development Services Team.

 

As represented in the staff report to the Planning Commission the applicants for this application unknowingly bought into a situation whereby the previous property owner had made additions to the property without County approvals.  Additionally, the current property owners willingly worked with the Development Services Team to achieve compliance with the Land Use Code, which involved three separate applications.  Acknowledging that each application type would stand on its own merits the applicant, as advised by staff, took an approach of processing the applications in sequence rather than at one time.  As the result of the manner in which these applications approached the applicant has incurred costs that weren’t originally anticipated. The additional costs referred to stem from application fees that changed during the processing of these applications. The application fees in place in 2004 when the applicant began the process changed at the beginning of 2005 as follows:

 

Application Type

2004 fee

2005 fee

BLA

$200.00

$300.00

Rezoning

$3600.00

$3600.00

Special Review

$3000.00

$5800.00

 

As can be seen from the above chart the major change in fees rests with the Special Review application, and it is the Development Services Teams belief that the $5800.00 fee should be reduced to $3000.00 because the applicant, on our advice, staged the applications rather than submit all at one time.  Therefore, the applicant is appealing to only be required to pay the $3000.00 fee as required prior to 2005 rather than the $5800.00.  The Development Services Team supports this request and recommends that the Board of County Commissioner authorized a refund of $2800.00 to the applicant for the Special Review application.

 

The Development Services Team recommends that the Board of County Commissioners approve the Fireside Fee appeal for the Special Review application and authorize a $2800.00 refund to the applicant for fees already paid.

 

Betty Hushka came forward to speak on behalf of the applicants and stated that she is in agreement with staff’s recommendations.  Staff explained that the applicants have worked very closely with them to resolve violations and will observe the instructions regarding the maintenance and monitoring requirements of the septic system on the property.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Fireside RV Park Special Review, file #08-Z1716, and appeals to Sections 18.3.2.D, 18.3.2.F, and 18.3.3.F of the Larimer County Land Use Code as recommended by the Planning Commission and Development Services Team.

 

Commissioner Donnelly further moved that the Board of County Commissioners approve the Fireside Fee appeal for the Special Review application and authorize a $2800.00 refund to the applicant for fees already paid.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 4:15 p.m.

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Tamara L. Slusher, Deputy Clerk

 

 

 

 

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