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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/14/09  

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 14, 2009

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Commissioner Donnelly presided and Commissioner Rennels participated via telephone. Also present were:  Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Sean Wheeler, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Clerk to the Board.

 

Commissioner Donnelly opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

Commissioner Donnelly explained that due to the absence of Commissioners Johnson and Rennels the Board would only consider the consent agenda. All other items on today’s agenda, including:  Squires Fee Appeal, file #09-G0174; Timberline Resources Amended Special Review, file #09-Z1751; Clingan Six-Week Code Compliance; and Tall Pines Joint Code Compliance, would be tabled until later dates.

 

Commissioner Donnelly explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         LOCKLEAR MINOR SPECIAL REVIEW, FILE #09-Z1747:   This is a request for Minor Special Review approval to convert the existing space above a detached garage into an Accessory Living Area. The finished interior space is estimated to be approximately 321-square-feet, which is well below the maximum standards for these uses. The site is a single-family residential lot in the Autumn Creek Conservation Development. The surrounding area is made up of other single-family residential lots of various sizes, along with unplatted agricultural lands.  This site, and the surrounding area are zoned FA-1 Farming. 

 

Accessory Living Areas are intended to allow property owners the full use of their site while maintaining the integrity and character of the neighborhood. The proposed Accessory Living Area will be located within an existing garage and no outward change to the garage will be apparent once the interior is finished. The use will have no impact on adjacent properties and will be compatible with existing and allowed uses in the area of the site.

 

Staff recommends approval of the Locklear Accessory Living Area Minor Special Review, file #09-Z1747, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and information contained in the Locklear Accessory Living Area Minor Special Review, file #09-Z1747, except as modified by the conditions of approval or agreement of the county and applicant. The applicant is subject to all other verbal or written representations and commitments of record for the Locklear Accessory Living Area Minor Special Review, file #09-Z1747.

 

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 the county, the 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections of the property and review 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 Locklear Accessory Living Area. All applicable fees, including permit fees and Transportation Capital Expansion Fees and for water and sewer services shall apply to this use. Within 90-days from the date of approval, the owner shall obtain all required building permits and inspections for work in the existing building.

 

A.          Per Section 4.3.10.F.2 of the Larimer County Land Use Code, the habitable space of the current structure shall not exceed to 40-percent of the square footage in the single-family dwelling or 800-square-feet, whichever is less.

 

B.          The single-family character of the property must be maintained. The entrance(s) to the Accessory Living Area must not be visible from any road.

 

C.          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.

 

D.          The Accessory Living Area must not be rented or leased separately from the single-family dwelling.

 

5.         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.

 

2.         HOFFMAN ACRES PLANNED LAND DIVISION AND PLANNED DEVELOPMENT PRELIMINARY PLAT, FILE #09- S2863:  This is a request for approval of a preliminary plat to subdivide 9.42-acres into two lots for single-family residential uses as a Planned Land Division and a request for a zoning change from FA-Farming to Planned Development.  The request also includes appeals to Section 8.14.2.S (Connectivity) and Section 8.2.5 (Turn Lanes) of the Land Use Code.

 

This item was on the consent agenda for the Planning Commission Public Hearing on August 19, 2009, at which time, staff provided some brief information to the Planning Commission regarding the appeals and the appropriate motions for approval. No further discussion took place, and no neighboring property owners were present who raised objections to the request. The item remained on the consent agenda.

 

Staff recommends to the Board of County Commissioners that Hoffman Acres Planned Land Division/Planned Development rezoning from FA-Farming to PD-Planned Development, file #09-S2863, be approved, subject to the following conditions: 

 

1.         The Final Plat shall be consistent with the approved Preliminary Plan and with the information contained in the Hoffman Acres Planned Land Division and Planned Development, file #09-S2863, 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 Hoffman Acres Planned Land Division and Planned Development, file #09-S2863.

 

2.         The following fees shall be collected at building permit issuance for new single-family dwellings:  Poudre School District Fee, Larimer County fees for County and Regional Transportation Capital Expansion Fee, the Community and Regional Park Fees (in lieu of dedication) and the Drainage Basin Fee.  The fee amount that is current at the time of building permit application shall apply.  The County Engineering Department Development Construction Permit Fee and Access Permit Fee also apply.

 

3.         The development shall connect to the public water system to be designed and constructed to supply a minimum fire flow of 1,000-gallons per minute with a minimum pressure of 20-pounds per square inch. In addition, the development must provide fire hydrants no more than 1,000-feet from each occupied structure.

 

4.         Engineered foundations are required for all new habitable structures on Lot 1 or Lot 2. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.         Passive radon mitigation measures shall be included in the construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.         Prior to recordation of the final Development Agreement and Final Plat, Developer shall provide a signed Agreement to Annex for review and approval by the Larimer County Attorney, to be recorded with the Final Plat and the Development Agreement.

 

7.         The Final Plat shall be revised to correct the lot labels and show the building envelope Lot 2 as being in compliance with the approved set backs for the Planned Land Division and Planned Development. The access easement shall be revised to include utilities as an allowed use.

 

8.         The following conditions from the County Engineering Department, as described in their comments dated July 7, 2009, shall apply:

 

A.        Any further development of Lot 2 will require that the existing access be permanently abandoned and a new access created from the internal subdivision road following the applicable standards at that time.

 

B.        If the existing access point onto Taft Hill road causes access or maintenance concerns at any time, the local entity reserves the right to require that the access be abandoned and relocated to the internal subdivision road satisfying all applicable standards at that time.

 

C.        Any further development of Lot 1 will require that the applicant dedicate right-of-way and construct a cul-de-sac bulb, hammerhead or extend St. Germain Drive to satisfy all applicable standards at that time.

 

D.        The Hoffman Acres Subdivision must join the Public Improvement District formed by the Solar Ridge subdivision and pay their fair and equitable portion of the Public Improvement District (PID) fees.

 

3.         BLUE MOUNTAIN WINERY SPECIAL REVIEW, FILE #08-Z1736:   This is a request for approval of Special Review for an Added Value Agricultural facility to include retail sales and vehicular trips less than 20-trips per day. Less than 50% of the raw materials for the proposed business are grown on-site. Consideration of this item will incorporate the conditions of approval from a previous Special Exception, file #05-Z1588.

 

This request was presented to the Planning Commission as a consent agenda item. Having no public present to discuss the matter or any questions from the Planning Commission the item remained on the consent agenda and was unanimously approved.

 

It is the recommendation of staff and the Planning Commission that the Blue Mountain Winery Special Review (to include retail sales and tasting of wine by appointment only), file #09-Z1736; and the incorporation of the previously approval and conditions from the Blue Mountain Winery Special Exception, file #05-Z1588; be combined into this approval as one complete application for an Added Value Agricultural use, be approved subject to the following conditions:

 

1.    This Special Review approval shall automatically expire without a public hearing if the retail sales and tasting room uses are 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 Blue Mountain Winery Special Review, file #09-Z1736, 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 Blue Mountain Winery Special Review file #09-Z1736.

 

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, the applicant agrees that in addition to all other remedies available to the county, the 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

6.    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.

 

7.    The applicant shall pay the Transportation Capital Expansion Fees (TCEF) for the retail sales and tasting room uses at the time of building permit

 

8.    Retail Sales and tasting of wine at the Blue Mountain Winery shall be by appointment only.

 

9.         Vehicular trips associated with the Blue Mountain Winery shall not exceed 20-vehicle-trips per day.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda for September 14, 2009.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners table the following items until the dates listed:

 

1.         Squires Fee Appeal, file #09-G0174, tabled until September 28, 2009.

 

2.         Timberline Resources Amended Special Review, file #09-Z1751, tabled until September 28, 2009.

 

3.         Clingan Six-Week Code Compliance, tabled until October 12, 2009.

 

4.         Tall Pines Joint Code Compliance will be rescheduled at a later date.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:45 p.m.

 

 

TUESDAY, SEPTEMBER 15, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present was:  Donna Hart and Deni LaRue, Commissioners’ Office; Jerry White, Engineering Department; Lorenda Volkner and Pam Stultz, Human Resources; Gary Buffington, Department of Natural Resources; George Haas, Jennine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  There was no public comment today.

 

2.         APPROVAL OF MINUTES FOR THE WEEKS OF AUGUST 31, 2009, AND SEPTEMBER 7, 2009: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the weeks of August 31, 2009, and September 7, 2009.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 21, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda, as presented, for September 15, 2009.

 

09152009A001           WARRANTY MEMORANDUM FOR NO-TE-MAH RIDGE CONSERVATION DEVELOPMENT 02-S1998 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, MARIAN E. TESITOR AND CHUCK TESITOR, AND THE NO-TE-MAH RIDGE CONSERVATION DEVELOPMENT HOMEOWNERS’ ASSOCIATION

 

09152009A002           LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE STATE OF COLORADO, AND THE LIVERMORE COMMUNITY WATER ASSOCIATION INC.

 

09152009D001           BARGAIN AND SALE DEED BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE STATE OF COLORADO, AND THE EAST LARIMER COUNTY WATER DISTRICT

 

09152009R001           RESOLUTION PROVIDING FOR THE DISSOLUTION OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1998-3 MOUNTVIEW SUBDIVISION

 

09152009R002           RESOLUTION OF ACQUISITION OF THE CHUCK MILLER CONSERVATION EASEMENT 2009 PROPERTY, AND PROPERTY THAT MAY ALSO BE KNOWN AS THE CHARLES MILLER FAMILY ASSOCIATES

 

09152009R003           RESOLUTION FOR ACQUISITION OF THE MILLER/SIMON CONSERVATION EASEMENT 2009 PROPERTY

 

09152009R004           RESOLUTION FOR ACQUISITION OF THE BRADLEY CONSERVATION EASEMENT 2009 PROPERTY, AND PROPERTY THAT MAY BE KNOWN AS THE JAMES D. BRADLEY AND CHRISTY D. BRADLEY PROPERTY

 

MISCELLANEOUS:  Chafee Foster Care Independence Annual Plan Fiscal Year 2009-2010; Air Pollution Control Division Annual Compliance Certification and Semi-Annual Monitoring Report.

 

LIQUOR LICENSE:  Fort Namaqua Liquors – Retail Liquor Store – Fort Collins; Conscious Alliance – Special Event 6% – Wellington.

 

Motion carried 2-0.

 

5.         CHANGES IN LIFE AND DISABILITY INSURANCE CARRIER:   Ms. Volkner and Ms. Stultz requested the Board’s approval to change the county’s life and long term disability insurance carrier to The Hartford as discussed during the joint worksession on August 27, 2009.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve changing the county’s life and disability insurance carrier to The Hartford with improvement to long term disability insurance.

 

Motion carried 2-0.

 

6.         ACQUISITION FOR 2009 CONSERVATION EASEMENTS:   Mr. White and Mr. Buffington presented information about three conservation easements that will be purchased by the county as part of the Laramie Foothills Mountains to Plains project. All three properties will be purchased using funds from the Larimer County Open Lands Program, donations from the current land owners, and portions of the grant received from Great Outdoors Colorado.

 

Mr. White explained the cost breakdown for each property:

 

1.         The 288-acre Bradley 2009 Conservation Easement will be purchased using $143,025 from Great Outdoors Colorado, $31.975 from the Open Lands Program, and a $25,000 donation from the land owner.

 

2.         The 78-acre Miller/Simon 2009 Conservation Easement will be purchased using $56,812 from Great Outdoors Colorado, $4,438 from the Open Lands Program, and an $8,750 donation from the land owner.

 

3.         The 105-acre Chuck Miller 2009 Conservation Easement will be purchased using $64,275 from Great Outdoors Colorado, $5,725 from the Open Lands Program, and a $10,000 donation from the land owner.

 

The purchase of these conservation easements was approved as part of today’s Consent Agenda and were discussed at this time for informative purposes only.

 

7.         ASSISTANT COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

8.         COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their activities at events during the previous week.

 

9.         LEGAL MATTERS:  Mr. Haas requested the Board go into executive session to receive legal advice and regarding potential litigation, with no further action to be taken, pursuant to 24-6-402(4)(b) C.R.S.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session to for conferences with an attorney, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

The meeting adjourned at 10:45 a.m. with no further action taken.

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

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